15A NCAC 02T .0103      DEFINITIONS

The terms used in this Subchapter shall be as defined in G.S. 143-212 and 143‑213 except as provided in this Rule and in definitions provided in program specific rules in this Subchapter and as follows:

(1)           "Agronomic rate" is defined as the amount of waste and other materials applied to meet the nitrogen needs of the crop, but does not overload the soil with nutrients or other constituents that cause or contribute to a contravention of surface water or groundwater standards, limit crop growth, or adversely impact soil quality.  Nitrogen needs of the crop shall be based on realistic yield expectations (RYE) established for a soil series through published Cooperative Extension Service bulletins, Natural Resources Conservation Service publications, county soil surveys, or site specific agronomist reports.

(2)           "Animal waste" means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter or other materials generated at a feedlot.

(3)           "Bedrock" is as defined in 15A NCAC 02L .0102.

(4)           "Buffer" means a natural or vegetated area as defined in 15A NCAC 02B .0202.

(5)           "CFR" means Code of Federal Regulations.  All CFRs cited herein may be obtained at Government Institutes, Inc., 4 Research Place, Suite 200, Rockville, Md, 20850-1714 for a cost of thirty-six dollars ($36.00) each plus four dollars ($4.00) shipping and handling or at http://www.gpoaccess.gov/cfr/.  Copies are also available for review at 512 North Salisbury Street, Raleigh, North Carolina 27604.

(6)           "Commission" as defined in G.S. 143-212 or their delegate.

(7)           "Compliance boundary" is as defined in 15A NCAC 02L .0102.

(8)           "Deemed permitted" means that a facility is considered as having a needed permit and being compliant with the permitting requirements of G.S. 143‑215.1(a) even though it has not received an individual permit for its construction or operation.

(9)           "Department" as defined in G.S. 143-212.

(10)         "Director" means the Director of the Division or its delegate.

(11)         "Division" means the Division of Water Quality in the Department.  All rules cited in this Section under the authority of the Division may be obtained at 512 North Salisbury Street, Raleigh, North Carolina 27604 or at the Division's web page at  www.ncwaterquality.org at no charge. 

(12)         "Effluent" means wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated.

(13)         "Engineer" is an individual who is currently licensed by the North Carolina Board of Examiners For Engineers and Land Surveyors or authorized to practice under G.S. 89C as an engineer.

(14)         "EPA" means the United States Environmental Protection Agency.

(15)         "Ephemeral (stormwater) stream" means a stream as defined in 15A NCAC 02B .0233.

(16)         "Essential treatment unit" means any unit associated with the wastewater treatment process whose loss would likely render the facility incapable of meeting the required performance criteria including aeration units or other main treatment units, clarification equipment, filters, disinfection equipment, pumps and blowers.

(17)         "General Permit" means a permit issued under G.S. 143‑215.1(b)(3), 143-215.1(b)(4) or 143-215.10C.

(18)         "Groundwaters" means those waters in the saturated zone of the earth as defined in 15A NCAC 02L .0102.

(19)         "Groundwater standards" means groundwater standards as established in 15A NCAC 02L .0200.

(20)         "Industrial wastewater" means all wastewater other than sewage or animal waste and includes:

(a)           wastewater resulting from any process of industry or manufacture, or from the development of any natural resource;

(b)           wastewater resulting from processes of trade or business, including wastewater from laundromats and vehicle/equipment washes, but not wastewater from restaurants;

(c)           stormwater that is contaminated with an industrial wastewater;

(d)           any combination of sewage and industrial wastewater;

(e)           municipal wastewater unless it can be demonstrated to the satisfaction of the Division that the wastewater contains no industrial wastewater;

(f)            contaminated groundwater extracted as part of an approved groundwater remediation system approved by the Division in accordance with 15A NCAC 02L .0100.

(21)         "Intermittent stream" means a stream as defined in 15A NCAC 02B .0233.

(22)         "NPDES" means National Pollutant Discharge Elimination System.

(23)         "Perennial stream" means a stream as defined in 15A NCAC 02B .0233.

(24)         "Perennial waterbody" means a waterbody as defined in 15A NCAC 02B .0233.

(25)         "Pollutant" means waste as defined in G.S. 143‑213.

(26)         "Potable waters" means water as defined in 15A NCAC 02L .0102.

(27)         "Private well" means any potable or irrigation well not directly controlled by a public authority or a public utility authorized by the North Carolina Public Utilities Commission.  This may include a private individual or community well as defined in the public water supply rules contained in 15A NCAC 18C.

(28)         "Professional engineer" means a person who is presently registered and licensed as a professional engineer by the North Carolina Board of Examiners For Engineers and Land Surveyors.

(29)         "Public or community sewage system" means a single system of sewage collection, treatment, or disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county, a municipality or a public utility authorized to operate by the North Carolina Utilities Commission.

(30)         "Residuals" means any solid, semisolid, or liquid waste, other than effluent or residues from agricultural products and processing, generated from a wastewater treatment facility, water supply treatment facility or air pollution control facility permitted under the authority of the Commission.

(31)         "Residues from agricultural products and processing" means solids, semi‑solids or liquid residues from food and beverage processing and handling; silviculture; agriculture; and aquaculture operations permitted under the authority of the Commission that are non‑toxic, non‑hazardous and contain no domestic wastewater.

(32)         "Restrictive horizon" is the layer in a soil profile that is capable of reducing the downward water movement to the minimum rate, as evidenced by lowest saturated hydraulic conductivity among all the soil layers.  Restrictive horizon is often capable of perching ground water or wastewater effluent and is characterized by accumulation of finer soil particles (such as aluminum, clay, iron, silica, organic matter, or other compounds) or compaction due to heavy equipments.

(33)         "Review boundary" is as defined in 15A NCAC 02L .0102.

(34)         "Seasonal High Water Table" or "SHWT" is the highest level to which the soil is saturated, as may be determined through the identification of redoximorphic features in the soil profile including low chroma mottling. This does not include temporary perched conditions. Alternatively, the SHWT can also be determined from water level measurements or via soil/groundwater modeling.

(35)         "Secretary" as defined in G.S. 143-212 or its delegate.

(36)         "Setback" means the minimum separation in linear feet, measured on a horizontal plane, required between a treatment works, disposal system, or utilization system and physical features such as building, roads, property lines, or water bodies.

(37)         "Sewage" means the liquid and solid human waste, and liquid waste generated by domestic water‑using fixtures and appliances, from any residence, place of business, or place of public assembly.  Sewage does not include wastewater that is totally or partially industrial wastewater, or any other wastewater not considered to be domestic waste.

(38)         "Soil scientist" means an individual who is currently licensed or authorized to practice soil science under G.S. 89F by the North Carolina Board for Licensing of Soil Scientists.

(39)         "Staff" means the staff of the Division.

(40)         "Surface waters" means all waters as defined in G.S. 143‑212 except underground waters.

(41)         "Surface water standards" means surface water standards as established in 15A NCAC 02B .0200.

(42)         "Technical specialist" means an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans or specific parts of a certified animal waste management plan.

(43)         "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261, Appendix II which is hereby incorporated by reference including any subsequent amendments and editions.

(44)         "Treatment works or disposal system which does not discharge to surface waters" means any treatment works, facility, utilization system, or disposal system which is designed to:

(a)           operate as closed system with no discharge to waters of the state, or

(b)           dispose/utilize of wastes, including residuals, residues, contaminated soils and animal waste, to the surface of the land, or

(c)           dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(b)(4).

(45)         "Waste oil" means any used nonhazardous petroleum product other than crankcase oil.  Crankcase oil mixed with other used nonhazardous petroleum products shall be considered as waste oil.

(46)         "Wetlands" are "waters" as defined in G.S. 143-212 and are areas that are inundated or saturated by an accumulation of surface or ground water as defined in 15A NCAC 02B .0202.


History Note:        Authority G.S. 130A‑335; 143‑213; 143‑215.3(a)(1);

Eff. September 1, 2006.