Current through Register Vol. 38, No. 18, March 15, 2024
(a) No
person shall establish, or allow to be established upon any real property
owned, operated, leased, or controlled by that person, a septage management
facility to treat, manage, store, or dispose of septage, or any component of
septage, unless a permit has been obtained from the Division. Septage shall not
be disposed of by trenching or burial.
(c) To apply for a permit for
a septage land application site, the following information shall be submitted
to the Division:
(1) name, address, and phone
number of:
(A) the applicant;
(B) the landowner or the landowner's legal
representative in control of the site; and
(C) the proposed operator;
(2) location of the
site;
(3) written authorization to
operate a septage land application site signed by each landowner (if other than
the permit holder) or the landowner's legal representative;
(4) types of septage and the proposed annual
volume of each type of septage proposed for land application per acre, based on
the nutrient management plan submitted in accordance with Subparagraph (c)(12)
of this Rule;
(5) substances other
than septage previously disposed of at this location, and the amounts of those
substances;
(6) aerial photography
extending for a distance of at least 2500 feet in all directions from the site,
with site property boundaries depicted;
(7) alternative plan for the detention or
disposal of septage, during conditions that cause the site to be unavailable
for use, such as adverse weather conditions;
(8) treatment method for each type of septage
to be discharged and the permit number of any treatment facilities;
(9) vicinity map (county road map) showing
the site location;
(10) a written
report that documents compliance with Rule .0841 of this Section including:
(A) a representative soils analysis such as
the Standard Soil Fertility Analysis, conducted within the last six months, on
each proposed field of each proposed land application site. The representative
soils analysis shall include acidity, base saturation (by calculation),
calcium, cation exchange capacity, exchangeable sodium percentage (by
calculation), magnesium, manganese, percent humic matter, pH, phosphorus,
potassium, and sodium, and may include additional analyses;
(B) a total metal analysis for each proposed
field shall be conducted for arsenic, cadmium, copper, lead, nickel, selenium,
and zinc. A North Carolina Department of Agriculture & Consumer Services
(NCDA & CS) mehlich-3 extraction shall be an acceptable substitute for a
total metal analysis. Mercury shall be sampled if the applicant proposes to
land apply domestic or industrial or commercial treatment plant septage, or if
warranted by previous site use;
(C)
field description of soil profile(s), based on examinations of excavation pits
and auger borings, within four feet of the land surface or to bedrock
describing the following parameters by individual diagnostic horizons:
thickness of the horizon; texture; color and other diagnostic features;
structure; internal drainage; depth, thickness, and type of restrictive
horizon(s); and presence or absence and depth of evidence of any seasonal high
water table. Applicants may be required to dig pits when necessary for
evaluation of the soils at the site;
(D) a soil map delineating major soil mapping
units within each proposed land application site and showing all physical
features, location of pits and auger borings, setbacks required in accordance
with this Section, legends, scale, and a north arrow;
(E) if the annual application rate is
proposed to exceed 125,000 gallons per acre per year, field descriptions to a
depth of six feet shall be required; and
(F) Global Positioning System (GPS) data
compatible with the Division's datalogger shall be provided for proposed sites
30 acres or more in size.
If required by G.S. 89F, G.S. 89C, and G.S. 89E, a licensed
soil scientist, professional engineer, or licensed geologist shall prepare
these documents. [Note: The North Carolina Board of Licensing of Soil
Scientists, Board of Examiners for Engineers and Surveyors, and the Board of
Licensing of Geologists has determined, via letters dated November 16, 2009,
March 11, 2010, and January 7, 2010, that preparation of documents pursuant to
this Paragraph constitutes soil science, practicing engineering, or geology
under G.S. 89F, G.S. 89C, and G.S. 89E.]
(11) applicants proposing to land apply
200,000 gallons per acre per year or more shall provide a plan for monitoring
soil moisture levels and the depth to seasonal wetness to determine when land
application may occur without impacting groundwater or hydraulic overloading.
The plan shall include recommendations concerning annual and instantaneous
loading rates of liquids, solids, other wastewater constituents, and amendments
based on in-situ measurement of saturated hydraulic conductivity in the most
restrictive horizon. If required by G.S. 89C, G.S. 89F, and G.S. 89E, a
professional engineer, licensed soil scientist, or licensed geologist shall
prepare these documents. [Note: The North Carolina Board of Examiners for
Engineers and Surveyors, Board of Licensing of Soil Scientists, and the Board
of Licensing of Geologists has determined, via letters dated March 11, 2010,
November 16, 2009, and January 7, 2010, that preparation of documents pursuant
to this Paragraph constitutes practicing engineering, soil science, or geology
under G.S. 89C, G.S. 89F, and G.S. 89E.]
(12) a nutrient management plan prepared by
an environmental professional that shall include the following:
(A) crops that will be planted on the site,
including cover crops, and where each crop will be planted. Crop planting
locations shall be depicted on an aerial photograph or on a plat map;
(B) nitrogen needs of the crops based on the
realistic yield expectations for the soils on the site, and crop management
practices proposed;
(C) crop stand
density required to meet the realistic yield expectations for the proposed
crop;
(D) approximate crop planting
times and the seeding or sprigging rates for crops to be established;
(E) crop harvest frequency appropriate for
the proposed realistic yield expectations and nitrogen needs, and approximate
crop harvest times;
(F) approximate
monthly discharge rate to match the nitrogen needs and potential uptake of the
crop;
(G) sites proposed to receive
more than 50,000 gallons per acre per year of domestic or industrial or
commercial treatment plant septage, or domestic or grease septage that has been
treated to remove solids, fats, oils, and grease shall include nitrogen carry
over when determining annual application rates;
(H) weed control recommendations;
(I) crop use or removal;
(J) results from at least four samples of
treated septage if the application is proposing an increased application rate
for the land application of septage treated to reduce nutrients; and
(K) the signature of the site operator.
For the purposes of this Rule, an environmental
professional means a person who has received a post-secondary degree from a
college or university and has training and experience in or related to
agronomic principles utilized to manage wastewater. Preparation by an
environmental professional shall not be required for nutrient management plans
for renewal applications that do not contain changes that would affect nutrient
uptake.
(13)
application rates for sites proposed to receive treated septage shall be
determined based on the most limiting nutrient;
(14) erosion and runoff management plan
showing:
(A) buffer locations and widths based
on the direction and amount of slope adjacent to the land application
site;
(B) vegetation type and stand
density in the buffer areas; and
(C) buffer maintenance fertility
requirements.
(15)
proposed land application method;
(16) proposed distribution plan if required
in Paragraph (e) of Rule .0841 of this Section;
(17) sites proposing to use spray irrigation
as a land application method shall include:
(A) the location of all fixed irrigation
heads or the location of traveling gun irrigation lanes;
(B) irrigation head spacing and traveling gun
lane spacing shall be determined based on standards in NC Cooperative Extension
Documents AG-553-6 and AG-553-7 which are hereby incorporated by reference
including subsequent amendments and additions;
(C) the size of all spray nozzles;
(D) system operating pressure at the
irrigation head;
(E) calculation of
the wettable acres vs. permitted acreage;
(F) calibration methods and frequency;
and
(G) irrigation system operation
and maintenance plan.
(18) documentation from the Department of
Natural and Cultural Resources that the land application site complies with
Rule .0841(g) of this Section if any part of the site specified for land
application is not agricultural land;
(19) the date, location, number of hours, and
provider of annual septage land application site operator training required in
accordance with
G.S.
130A-291.3(b);
(20) any other information that the Division
may request that is pertinent to the suitability of the proposed site if it is
necessary to determine compliance with this Section;
(21) an applicant who proposes to land apply
septage on a public contact site, shall provide the Division evidence of public
notice and the applicant shall have completed the Land Application of Residuals
Course and maintain a Land Application of Residuals Certificate issued by the
Department of Environmental Quality;
(22) an applicant who proposes to land apply
industrial or commercial treatment plant septage or domestic treatment plant
septage shall have completed the Land Application of Residuals Course and
maintain a Land Application of Residuals Certificate issued by the Department
of Environmental Quality;
(23) an
applicant who proposes to land apply septage in excess of 50,000 gallons per
acre per year shall provide the Division with evidence of public notice which
shall at a minimum be publication with a local news organization, and shall
have completed the Land Application of Residuals Course and maintain a Land
Application of Residuals Certificate issued by the Department of Environmental
Quality; and
(24) an approval
letter from the unit of local government having zoning authority over the area
where the facility is to be located stating that the proposed facility meets
all of the requirements of the local zoning ordinance, or that the site is not
zoned.