Current through Register Vol. 39, No. 6, September 16, 2024
(a) This
Rule shall apply to the treatment, storage, transportation, use, and disposal
of animal waste residuals to be applied to a lawn, home garden, or public
contact use site or sold or given away in a bag or other container for
application to the land. This Rule shall not apply to the treatment, storage,
transportation, use, or disposal of:
(1)
animal waste residuals applied to agricultural land in accordance with Rule
.1303, Rule .1304, Rule 1305, or Rule .1307 of this Section or Rule .1403 of
this Subchapter;
(2) up to four
cubic yards of animal waste residuals distributed from a facility subject to
regulation under Rule .1303 or Rule .1304 of this Section per visit to
individuals for personal use, with a maximum of ten cubic yards per year per
individual;
(3) oil, grease, grit,
and screenings from wastewater treatment facilities;
(4) septage from wastewater treatment
facilities;
(5) ash that is
regulated in accordance with Section .1200 of this Subchapter;
(6) residuals that are regulated in
accordance with Section .1100 of this Subchapter;
(7) residuals that are prepared for land
application, used, or disposed of in a solid waste management facility
permitted by the Division of Waste Management;
(8) residuals that are disposed of in an
incinerator permitted by the Division of Air Quality;
(9) residuals that are transported out of
state for treatment, storage, use, or disposal;
(10) residuals that meet the definition of a
hazardous waste in accordance with
40 CFR
260.10 as adopted by reference in
15A NCAC
13A .0102(b) or that have a
concentration of polychlorinated biphenyls equal to or greater than 50
milligrams per kilogram of total solids on a dry weight basis; and
(11) animal mortality.
(b) For new and modified sources of animal
waste residuals, the applicant shall submit a permit application in writing to
the Division that includes the following:
(1)
site maps depicting the location of the source and demonstrate compliance with
siting setbacks applicable to animal waste management systems established in
G.S.
106-803 and NRCS standards at the time of
construction;
(2) a complete
analysis of the animal waste residuals. The analysis shall include all
pollutants identified in Paragraph (c) in this Rule, nutrients and
micronutrients, and proof of compliance with the pathogen requirements in
Paragraph (d) of this Rule if applicable;
(3) a sampling and monitoring plan that
describes how the source will comply with Paragraphs (c) and (d) of this Rule,
if applicable;
(4) a marketability
statement detailing destinations and approximate amounts of the final product
to be distributed; and
(5) a copy
of the label and information sheet that complies with Paragraph (e) of this
Rule.
(c) Animal waste
residuals shall not be applied to a lawn, home garden, or public contact use
site nor shall animal waste residuals be sold or given away in a bag or other
container for application to the land if the concentration of any pollutant in
that residual exceeds the following concentration for that pollutant on a dry
weight basis:
|
Pollutant |
Ceiling Concentration (milligrams per
kilogram) |
|
Copper |
1,500 |
|
Zinc |
2,800 |
(d) Animal waste residuals to be applied to a
lawn, home garden, or public contact use site or sold or given away in a bag or
other container for application to the land shall meet the pathogen
requirements of Rule .1106(a)(2) of this Subchapter.
(e) For animal waste residuals that are sold
or given away in a bag or other container for application to the land, either a
label shall be affixed to the bag or other container, or an information sheet
shall be provided to the person who receives the animal waste residuals. The
label and information sheet shall contain the following information:
(1) the name and address of the person who
prepared the animal waste residuals;
(2) a statement that land application of the
animal waste residuals is prohibited except in accordance with the instructions
on the label and information sheet;
(3) a statement that animal waste residuals
must be applied at agronomic rates and recommended rates for intended
uses;
(4) a statement that the
animal waste residuals may not be applied to any site that is flooded, frozen,
or snow covered;
(5) a statement
that adequate procedures must be provided to prevent surface runoff from
carrying any disposed or stored animal waste residuals into any surface
waters;
(6) a statement that
identifies that this material must be prevented from entering any public or
private water supply source, including wells, stream, lake, or
rivers;
(7) the pollutant
concentration for pollutants listed in Paragraph (c) of this Rule;
and
(8) the nitrogen and
phosphorous concentration.
(f) Monitoring and Reporting.
(1) Animal waste residuals subject to this
Rule shall be monitored for pollutants listed in Paragraph (c) of this Rule and
for pathogens described in Paragraph (d) of this Rule, as applicable, at the
frequency stipulated for each residuals source facility:
|
Metric Tons per 365 day period (Dry Weight
Basis) |
Monitoring Frequency |
|
Greater than zero but less than
290 |
Once per year |
|
Equal to or greater than 290 but less than
1,500 |
Once per quarter (four times per
year) |
|
Equal to or greater than 1,500 but less than
15,000 |
Once per 60 days (six times per year) |
|
Equal to or greater than 15,000 |
Once per month (12 times per year) |
(2) A report of all monitoring and reporting
requirements specified in the permit shall be submitted to the Division by the
permittee annually, on or before March 1stof each calendar year.
(3) All records required by this Paragraph
shall be retained for five years.
Authority
G.S.
143-215.1;
143-215.3(a);
143-215.10A;
Eff.
September 1, 2018;
Amended Eff. March 1,
2019.
