subchapter 02U – Reclaimed Water

section .0100 – general requirements

15A NCAC 02U .0101 PURPOSE

(a) The rules in this Subchapter shall apply to reclaimed water systems. This includes the generation and utilization of reclaimed water used in a beneficial manner and for the purpose of conservation of the State's water resources by reducing the use of potable water, surface water, and groundwater.

(b) The rules in this Subchapter set forth the requirements and procedures for application and issuance of permits for the following reclaimed water systems:

(1) treatment works;

(2) utilization systems;

(3) distribution systems;

(4) bulk distribution programs; and

(5) local program approval.

(c) The disposal of treated wastewater effluent that does not serve in place of the use of a water resource is governed by 15A NCAC 02T.

(d) Reclaimed water utilization systems permitted pursuant to this Subchapter shall not exempt any discharge to waters of the State from meeting the permitting requirements established by the National Pollutant Discharge Elimination System (NPDES) permitting program pursuant to G.S. 143-215.1 and 15A NCAC 02H .0100.

(e) Any use of reclaimed water for Aquifer Storage and Recovery shall be in accordance with G.S. 143-214.2.

(f) The reuse or return of wastewater from a permitted animal waste facility for waste flushing is governed by 15A NCAC 02T .1300.

(g) The recycling of wastewater from groundwater remediation systems through an Injection Well or Infiltration Gallery is governed by 15A NCAC 02T .1600.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-355.5;

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0102 SCOPE

The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any reclaimed water treatment works, distribution system, or utilization system. The rules in this Section are general requirements that apply to all program rules in this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0103 DEFINITIONS

The terms used in this Subchapter shall have the meanings set forth in G.S. 143-212 and 143-213, 15A NCAC 02T .0103, in this Rule, and in program-specific rules in this Subchapter:

(1) "Beneficial manner" means the use of water as a necessary part of an activity or process to which the water is being added.

(2) "Beneficial reuse" means the utilization of reclaimed water in a beneficial manner and for the purpose of conservation of the State's water resources by reducing the use of other potable water, surface water, and groundwater resources.

(3) "Closed-loop recycle facility" means a system in which non-domestic wastewater is continually recycled back through the process in which the waste was generated.

(4) "Conjunctive system" means a system where the reclaimed water option is in addition to other wastewater utilization or disposal methods that are available to the facility at all times, and reclaimed water utilization is not necessary to meet the wastewater disposal needs of the facility.

(5) "Dedicated system" means a system where the reclaimed water utilization is necessary to meet the wastewater disposal needs of the facility and where other wastewater utilization or disposal methods to accommodate the entire wastewater flow generated at the facility are not available.

(6) "Direct contact irrigation" means application methods that result in the direct contact of reclaimed water on the portion of the crop intended for human consumption.

(7) "Five-day side-stream detention unit" means a basin capable of holding five days worth of treatment plant effluent based on the permitted flow capacity in the event that the reclaimed water does not meet the required quality standards for the approved use.

(8) "Indirect contact irrigation" means application methods that preclude direct contact of reclaimed water on the portion of the crop intended for human consumption.

(9) "Net environmental benefit" when associated with wetlands augmentation sites means documented evidence supporting continued maintenance of natural conditions, and the protection of endangered species as required in 15A NCAC 02T .0105(c)(10). Wetland augmentation systems shall provide documentation of the protection of existing wetland uses in accordance with 15A NCAC 02B .0201(f) and .0231, and shall not result in net degradation of the wetland.

(10) "Reclaimed water" means treated wastewater effluent meeting effluent standards established pursuant to Rule .0301 of this Subchapter, and used for beneficial reuse.

History Note: Authority G.S. 143-213; 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0104 ACTIVITIES WHICH REQUIRE A PERMIT

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);

Eff. June 18, 2011;

Repealed Eff. September 1, 2018.

15A NCAC 02U .0105 GENERAL REQUIREMENTS

General requirements shall be in accordance with 15A NCAC 02T .0105.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0106 SUBMISSION OF PERMIT APPLICATIONS

Submission of permit applications shall be in accordance with 15A NCAC 02T .0106.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0107 STAFF REVIEW AND PERMIT PREPARATION

Staff review and permit preparation shall be in accordance with 15A NCAC 02T .0107.

History Note: Authority G.S. 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 143-215.3(a)(4);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION

Final action on permit applications to the Division shall be in accordance with 15A NCAC 02T .0108.

History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.1(d); 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0109 PERMIT RENEWALS

Permit renewals shall be in accordance with 15A NCAC 02T .0109.

History Note: Authority G.S. 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0110 MODIFICATION AND REVOCATION OF PERMITS

Modification and revocation of permits shall be in accordance with 15A NCAC 02T .0110.

History Note: Authority G.S. 143-215.1(b)(4)(c); 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0111 CONDITIONS FOR ISSUING GENERAL PERMITS

Conditions for issuing general permits shall be in accordance with 15A NCAC 02T .0111.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0112 DELEGATION OF AUTHORITY

Delegation of authority shall be in accordance with 15A NCAC 02T .0112.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0113 PERMITTING BY REGULATION

(a) The following utilizations of reclaimed water and closed-loop recycle activities shall be deemed to be permitted pursuant to G.S. 143-215.1(b), and it is not necessary for the Division to issue individual permits or coverage under a general permit for construction or operation of the following utilization systems provided the system does not result in any violations of surface water or groundwater standards, there is no unpermitted direct discharge to surface waters, and all criteria required for the specific system are met:

(1) Discharges to the land surface from flushing and hydrostatic testing water associated with utility distribution systems, new sewer extensions, or new reclaimed water distribution lines;

(2) Overflow from elevated and covered or enclosed reclaimed water storage facilities if no viable alternative exists and all reasonable measures are taken to reduce the risk of overflow;

(3) Any de minimus runoff from reclaimed water used during fire fighting or extinguishing, dust control, soil compaction for construction purposes, street sweeping, overspray on yard inlets, overspray on golf cart paths, or vehicle washing provided the use is approved in a permit issued by the Division;

(4) Incidental discharge to a municipal separate storm sewer system (MS4) that occurs as a result of reclaimed water utilization activities provided such activity is approved in a reclaimed water utilization permit issued by the Division, and the discharge does not violate water quality standards. This does not exempt the reclaimed water user from complying with any applicable local ordinances that may prohibit such discharges;

(5) Rehabilitation, repair, or replacement of reclaimed water lines in kind with the same horizontal and vertical alignment;

(6) In accordance with 15A NCAC 02H .0106(f)(5), flushing, including air release valve discharge, and hydrostatic testing water discharges associated with reclaimed water distribution systems if no water quality standards are violated;

(7) Utilization of reclaimed water received from a reclaimed water bulk distribution program permitted under Rule .0601 of this Subchapter;

(8) Irrigation of residential lots or commercial application areas less than two acres in size that are supplied with reclaimed water as part of a conjunctive reclaimed water system meeting the requirements of Rules .0301, .0401, .0403, .0501, and .0701 of this Subchapter; Chapter 89G of the General Statutes; approved by the local building inspection department; and installed by a North Carolina Licensed Irrigation Contractor pursuant to G.S. 89G. A scaled site map showing the location of the reclaimed water irrigation system and all features necessary to show compliance with applicable setbacks in Rule .0701 of this Subchapter shall be submitted to the reclaimed water provider;

(9) Irrigation of agricultural crops, including irrigation of ornamental crops by field nurseries and aboveground container nurseries, supplied with reclaimed water as part of a conjunctive reclaimed water system meeting the requirements of this Subchapter and approved by the reclaimed water provider;

(10) Drip irrigation sites supplied with reclaimed water as part of a conjunctive reclaimed water system generated from an onsite wastewater treatment facility meeting the criteria of this Subchapter and the conjunctive system has been approved by the Department of Health and Human Services and is permitted under 18A .1900;

(11) Reuse of produced waters and flowback waters from oil and gas wells regulated by Article 27 of G.S. 113 for reuse in accordance with water and waste management plans approved pursuant to rules of the Mining and Energy Commission as set forth in 15A NCAC 05H;

(12) Toilet and urinal flushing systems supplied by reclaimed water as part of a conjunctive reclaimed water system meeting the applicable requirements of Rules .0301, .0401, .0403, .0501, and .0701 of this Subchapter; Chapter 89G of the General Statutes; approved by the local building inspection department; and installed by a North Carolina Licensed Plumbing Contractor pursuant to G.S. 89;

(13) Return of wastewater within an industrial or commercial process where there is no anticipated release of wastewater provided the facility develops and maintains a spill control plan in the event of a release, no earthen basins are used, and the system is contained and under roof;

(14) Recycling of rinse water at concrete mixing facilities for concrete mix removal from equipment provided the wastewater is contained within concrete structures, there is sufficient storage capacity to contain the runoff from a 24-hour, 25-year storm event plus one foot freeboard and the facility develops and maintains a spill control plan in the event of a wastewater release. The facility shall notify the appropriate Division regional office in writing noting the owner, location, and that the design complies with the above criteria;

(15) Recycling of wash and rinse water at vehicle wash facilities provided the wastewater is contained within concrete, steel or synthetic structures, all vehicle washing is conducted under roof or there are no direct or indirect precipitation inputs, and the facility develops and maintains a spill control plan in the event of a wastewater release;

(16) The reuse or return of wastewater within the treatment works of a permitted wastewater treatment system;

(17) Recycle systems that are part of a stormwater management systems permitted under 15A NCAC 02H .1000, and the wastewater is recycled back through the process in which the waste was generated; and

(18) Recycling of rinse water for separating gems from gravel, sand, or rock in a flume at commercial gem mine facilities with total system flow of less than 100,000 gpd, provided the wastewater is contained within storage structures, no biological or chemical additives are used, and the facility develops and maintains a spill control plan in the event of a wastewater release. The facility shall notify the appropriate Division regional office in writing noting the owner, location, and that the design complies with the required criteria.

(b) Nothing in this Rule shall be deemed to allow the violation of any surface water, groundwater, or air quality standards, and in addition any such violation is a violation of a condition of a permit.

(c) The reclaimed water user shall report any violation of this Rule or any discharge to surface waters from the utilization systems listed in Paragraph (a) of this Rule to the Division and in accordance with 15A NCAC 02B .0506.

(d) Utilization systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding any violations of surface water or groundwater standards or violations of this Rule or other Permitted By Regulation rules in this Subchapter, until such time as the Director determines that they shall not be deemed permitted in accordance with the criteria established in this Rule.

(e) The Director may determine that a utilization system shall not be deemed to be permitted in accordance with this Rule and require the utilization system to obtain an individual permit or a certificate of coverage under a general permit. This determination shall be made based on existing or projected environmental impacts, compliance with the provisions of this Rule and the compliance history of the facility owner.

History Note: Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.1(b)(4)(e); 143-215.3(a),(d);

Eff. June 18, 2011 (See S.L. 2011-48);

Amended Eff. March 19, 2015;

Readopted Eff. March 21, 2019.

15A NCAC 02U .0114 WASTEWATER DESIGN FLOW RATES

Wastewater design flow rates shall be determined in accordance with 15A NCAC 02T .0114.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0115 OPERATIONAL AGREEMENTS

Operational agreements shall be executed in accordance with 15A NCAC 02T .0115.

History Note: Authority G.S. 143-215.1(d1);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0116 CERTIFICATION OF COMPLETION

Certification of completion shall be completed in accordance with 15A NCAC 02T .0116.

History Note: Authority G.S. 143-215.1;

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE

Treatment facility operation and maintenance shall be in accordance with 15A NCAC 02T .0117.

History Note: Authority G.S. 143-215.3;

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES

Demonstration of future wastewater treatment capacities shall be in accordance with 15A NCAC 02T .0118.

History Note: Authority G.S. 143-215.3;

Eff. September 1, 2018.

15A NCAC 02U .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL

Historical consideration in permit approval shall be in accordance with 15A NCAC 02T .0120.

History Note: Authority G.S. 143-215.1(b); 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .0200 - APPLICATION REQUIREMENTS

15A NCAC 02U .0201 APPLICATION SUBMITTAL

(a) The requirements in this Rule shall apply to all new and expanding reclaimed water and closed-loop recycle facilities.

(b) A soil evaluation of the utilization site where the reclaimed water is applied to the land surface or otherwise used in a ground absorption manner shall be provided to the Division by the applicant. Evaluations shall include recommended loading rates of liquids, solids, and other constituents. For systems that utilize reclaimed water through irrigation, the evaluation shall also include recommended maximum irrigation precipitation rates. If required by G.S. 89F, a soil scientist shall prepare this evaluation.

[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]

(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare engineering design documents. The following documents shall be provided to the Division by the applicant:

(1) engineering plans for the entire system, including treatment, storage, application, and utilization facilities and equipment except those previously permitted unless those previously permitted are directly tied into the new units or are necessary to understanding the complete process;

(2) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing;

(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and system curve analysis for each pump, buoyancy calculations, and irrigation design; and

(4) closed-loop facilities utilizing storage ponds shall provide a water balance calculation documenting all inputs and losses.

[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C. In addition, the North Carolina Board of Examiners for Engineers and Surveyors has determined that design of residential reclaimed irrigations systems owned by the property owner does not constitute engineering pursuant to G.S. 89C.]

(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. The applicant shall provide site plans or maps for treatment and storage facilities and where the reclaimed water is applied to the land surface or otherwise used in a ground absorption manner, except where reclaimed water is utilized for irrigation to single-family residential lots, showing the location, orientation and relationship of facility components including:

(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within 500 feet of the treatment, storage, and utilization areas, and soil mapping units shown on all utilization sites;

(2) for land application sites and other ground absorption uses, the site map shall include topography;

(3) to the extent needed to determine compliance with setbacks, the location of all features included in Rule .0701 of this Subchapter;

(4) setbacks as required by Rule .0701 of this Subchapter and delineation of the review and compliance boundaries; and

(5) site property boundaries within 500 feet of all waste treatment, storage, and utilization sites.

[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]

(e) The applicant shall provide property ownership documentation to the Division consisting of:

(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;

(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map;

(3) an easement running with the land indicating the intended use of the property and meeting the condition of 15A NCAC 02L .0107(f); or

(4) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. When this Subparagraph is utilized to document property ownership, groundwater standards must be met across the entire site and a compliance boundary need not be provided. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.

(f) Public utilities shall submit a Certificate of Public Convenience and Necessity or a letter from the NC Utilities Commission to the Division stating that it has received a franchise application.

(g) For reclaimed or recycled water generated from industrial wastewater, the applicant shall provide a chemical analysis of the typical reclaimed water to be utilized, and a listing of any toxic pollutant that the applicant currently uses or manufactures as an intermediate or final product or byproduct. The Director may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant. The Director may determine that subsequent toxicity testing is required based on the provided chemical analysis. New facilities may provide chemical analysis of the source water along with predictive calculations for chemical characteristics prior to utilization. The analysis shall include:

(1) total organic carbon;

(2) 5-day biochemical oxygen demand (BOD5);

(3) chemical oxygen demand (COD);

(4) nitrate nitrogen (NO3-N);

(5) ammonia nitrogen (NH3-N);

(6) total kjeldahl nitrogen (TKN);

(7) pH;

(8) chloride;

(9) total phosphorus;

(10) phenol;

(11) total volatile organic compounds;

(12) escherichia coli (E.coli) or fecal coliform;

(13) coliphage (Type 2 reclaimed water only);

(14) clostridium perfringens (Type 2 reclaimed water only);

(15) calcium;

(16) sodium;

(17) magnesium;

(18) sodium adsorption ratio (SAR);

(19) total trihalomethanes; and

(20) total dissolved solids.

(h) For irrigation sites, the applicant shall provide to the Division a project evaluation and a receiver site agronomic management plan and recommendations concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals, and other constituents of the wastewater.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0202 APPLICATION SUBMITTAL FOR DEDICATED RECLAIMED WATEr SYSTEMS

(a) In addition to the application submittal requirements established Rule .0201 of this Section, the requirements in this Rule shall apply to all new and expanding dedicated reclaimed water facilities.

(b) Soils report. A soil evaluation of the utilization site shall be provided to the Division by the applicant. If required by G.S. 89F, a soil scientist shall prepare this evaluation. This evaluation shall be presented in a report that includes the following:

(1) A field description of the soil profile, based on examinations of excavation pits and auger borings, within seven feet of land surface or to bedrock, describing the following parameters by individual diagnostic horizons:

(A) the thickness of the horizon;

(B) the texture;

(D) the structure;

(E) the internal drainage;

(F) the depth, thickness, and type of restrictive horizons; and

(G) the presence or absence and depth of evidence of any seasonal high water table;

Applicants shall dig pits when necessary for proper evaluation of the soils at the site;

(2) Recommendations concerning loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum irrigation precipitation rates shall be provided for each soil mapping unit;

(3) A field-delineated soil map delineating soil mapping units within each land application site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit; and

(4) A Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil Fertility Analysis shall include the following parameters:

(A) acidity;

(B) base saturation (by calculation);

(D) cation exchange capacity;

(E) copper;

(F) exchangeable sodium percentage (by calculation);

(G) magnesium;

(H) manganese;

(I) percent humic matter;

(J) pH;

(K) phosphorus;

(L) potassium;

(M) sodium; and

(N) zinc.

(c) Hydrogeologic report. A hydrogeologic description of the subsurface, prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by the applicant for reclaimed water land application sites with a design flow over 25,000 gallons per day. Industrial facilities generating less than 25,000 gallons per day of reclaimed water that demonstrate that the effluent will be of quality similar to domestic wastewater, including effluent requirements established in 15A NCAC 02U .0301(b), shall, upon request, be exempted from this requirement. This evaluation shall be presented in a report that includes a mounding analysis to predict the level of the seasonal high water table after reclaimed water application, if the seasonal high water table is within six feet of the surface. The report shall also consider the following components:

(1) the regional and local geology and hydrogeology based on research of literature for the area;

(2) field observations of the site, topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the reclaimed water;

(3) changes in the lithology underlying the site;

(4) the depth to bedrock and the occurrence of any rock outcrops;

(5) the hydraulic conductivity and transmissivity of the affected aquifer;

(6) the depth to the seasonal high water table;

(7) a discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features; and

(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility and the post operation of the proposed facility focusing on the relationship of the system to groundwater receptors, groundwater discharge features, and groundwater flow media.

[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]

(d) The applicant shall provide to the Division a Residuals Management Plan as required by Rule .0802(a) of this Subchapter.

(e) The applicant shall provide to the Division a water balance that determines the required effluent storage based on the most limiting factor from the following:

(1) hydraulic loading based on the most restrictive horizon;

(2) hydraulic loading based on the groundwater mounding analysis;

(3) nutrient management based on agronomic rates for the specified cover crop; or

(4) nutrient management based on crop management.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .0300 - EFFLUENT STANDARDS

15A NCAC 02U .0301 RECLAIMED WATER EFFLUENT STANDARDS

(a) Reclaimed water treatment processes producing an effluent quality prior to storage, distribution, or utilization that meets the parameter limits listed below shall be classified as Type 2:

(1) monthly average five-day biochemical oxygen demand (BOD₅) of less than or equal to 5 mg/L and a daily maximum BOD₅ of less than or equal to 10 mg/L;

(2) monthly average total suspended solids (TSS) of less than or equal to 5 mg/L and a daily maximum TSS of less than or equal to 10 mg/L;

(3) monthly average ammonia (NH₃-N) of less than or equal to 1 mg/L and a daily maximum NH₃-N of less than or equal to 2 mg/L;

(4) monthly geometric mean Escherichia coli (E. coli) or fecal coliform level of less than or equal to 3/100 mL and a daily maximum E. coli or fecal coliform level of less than or equal to 25/100 mL;

(5) monthly geometric mean Coliphage level of less than or equal to 5/100 mL and a daily maximum Coliphage level of less than or equal to 25/100 mL;

(6) monthly geometric mean Clostridium perfringens level of less than or equal to 5/100 mL and a daily maximum Clostridium perfringens level of less than or equal to 25/100 mL; and

(7) maximum turbidity of 5 Nephelometric Turbidity Units (NTUs).

(b) Reclaimed water treatment processes producing an effluent quality prior to storage, distribution, or utilization that meets the parameter limits listed below shall be classified as Type 1:

(1) monthly average five-day biochemical oxygen demand (BOD₅) of less than or equal to 10 mg/L and a daily maximum BOD₅ of less than or equal to 15 mg/L;

(2) monthly average total suspended solids (TSS) of less than or equal to 5 mg/L and a daily maximum TSS of less than or equal to 10 mg/L;

(3) monthly average ammonia (NH₃-N) of less than or equal to 4 mg/L and a daily maximum NH₃-N of less than or equal to 6 mg/L;

(4) monthly geometric mean Escherichia coli (E. coli) or fecal coliform level of less than or equal to 14/100 mL and a daily maximum E. coli or fecal coliform level of less than or equal to 25/100 mL; and

(5) maximum turbidity of 10 NTUs.

(c) Reclaimed water produced by industrial facilities shall not be required to meet the criteria in this Rule if the reclaimed water is used at the facility in an industrial process and the area of use has no public access and does not result in employee exposure.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .0400 - DESIGN STANDARDS

15A NCAC 02U .0401 DESIGN CRITERIA FOR RECLAIMED WATER TREATMENT FACILITIES

(a) The requirements in this Rule shall apply to all new and expanding reclaimed water treatment facilities.

(b) Continuous on-line monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water.

(c) Effluent from the treatment facility shall not be discharged to the storage, distribution, or utilization system if the turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met. The facility shall have the ability to use alternate wastewater management options when the effluent quality is not sufficient.

(d) An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided.

(e) The permit shall require an operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification to be on call 24 hours per day.

(f) No storage facilities are required if it can be demonstrated that other permitted means of disposal are available if 100 percent of the reclaimed water cannot be used. When provided, storage units shall meet the design requirements in Rule .0402(f) of this Section.

(g) Reclaimed water irrigation system design shall not exceed the recommended precipitation rates established in the soils report prepared pursuant to Section .0200 of this Subchapter. Single-family residential irrigation systems and commercial irrigation systems permitted pursuant to Rule .0113(8) of this Subchapter do not require preparation of a soils report.

(h) All open-atmosphere treatment lagoons and ponds and open-atmosphere storage units shall have at least two feet of freeboard.

(i) Type 2 reclaimed water treatment facilities shall provide dual disinfection systems containing UV disinfection and chlorination or equivalent dual disinfection processes to meet pathogen control requirements.

(j) Type 2 reclaimed water treatment facilities shall provide documentation that the combined treatment and disinfection processes are capable of the following:

(1) log 6 or greater reduction of E. coli;

(2) log 5 or greater reduction of Coliphage; and

(3) log 4 or greater reduction of Clostridium perfringens.

(k) Automatically activated irrigation systems shall be connected to a rain or moisture sensor to prevent irrigation during precipitation events or wet conditions that would cause runoff.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0402 DESIGN CRITERIA FOR DEDICATED RECLAIMED WATER TREATMENT FACILITIES

(a) In addition to the design criteria established in Rule .0401 of this Section, the requirements in this Rule shall apply to all new and expanding dedicated reclaimed water treatment facilities.

(b) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow.

(d) Effluent from the treatment facility shall be discharged to a five-day side-stream detention unit if either the turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met. The facility shall have the ability to return the effluent in the five-day side-stream detention unit back to the head of the treatment facility.

(e) The public shall be prohibited access to the wastewater treatment facility or the five-day side-stream detention unit.

(f) The storage and five-day side-stream detention units shall have either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10^-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivity no greater than that required of the natural material liner. Liner requirements of the unit or separation distances between the bottom of the storage basin and the groundwater table may be reduced if it can be demonstrated by predictive calculations or modeling that construction and use of the unit will not result in contravention of assigned groundwater standards at the compliance boundary.

(g) By-pass and overflow lines shall be prohibited.

(h) Multiple pumps shall be provided wherever pumps are used.

(i) A water-tight seal on all treatment and storage units or two feet of protection from the 100-year flood elevation shall be provided.

(j) 30 days of residual storage shall be provided.

(k) Utilization areas shall be designed to maintain a one-foot vertical separation between the seasonal high water table and the ground surface.

(l) Influent pump stations shall meet the sewer design criteria set forth in 15A NCAC 02T .0300.

(m) Domestic, commercial, or industrial dedicated reclaimed water systems, including single-family residence facilities, with flow less than 1,000 gallons per day, are exempt from meeting Paragraphs (c) and (h) of this Rule, if repair or replacement of essential treatment units can be completed within five days.

(n) Facilities shall be provided with a flow meter to measure the volume of treated reclaimed water applied to each field.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0403 DESIGN CRITERIA FOR DISTRIBUTION LINES

(a) The requirements in this Rule shall apply to all new distribution lines.

(b) All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking.

(c) All reclaimed water piping, valves, outlets, and other appurtenances shall be color-coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows:

(1) All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less;

(2) Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and

(3) Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water shall be taped or otherwise identified as in Subparagraphs (1) or (2) of this Paragraph. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line.

(d) All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system.

(e) Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of nonpotable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as nonpotable water.

(f) There shall be no direct cross-connections between the reclaimed water and potable waters systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406.

(g) Irrigation system piping shall be considered part of the distribution system for the purposes of this Rule.

(h) Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.

(i) Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well.

(j) Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011 (S.L. 2011-218);

Readopted Eff. March 21, 2019.

15A NCAC 02U .0404 DESIGN CRITERIA FOR Closed-Loop rEcycle Systems

(a) The requirements in this Rule shall apply to all new and expanding closed-loop recycle facilities.

(b) Design criteria related to closed-loop recycle systems in general.

(1) The public shall be prohibited access to the wastewater treatment equipment, wastewater storage structures, or to the wastewater within a closed-loop recycle facility.

(2) If potable water is used to supplement a closed-loop recycle water system, there shall be no direct cross-connections between the closed-loop system and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406.

(1) The facility shall have the ability to stop production of effluent, return the effluent back to the treatment facility, store the effluent, or discharge the effluent to another permitted wastewater treatment facility when recycling cannot be conducted.

(2) Essential treatment units shall be provided in duplicate if proper operation of the treatment unit is essential to the operation of the closed-loop recycle system and the operation cannot safely or efficiently be immediately stopped or altered to operate without the closed-loop recycle system.

(3) An automatically activated standby power source, system shutdown, or other means shall be employed to prevent improperly treated wastewater from entering a treated waste water storage structure or from being recycled if loss of power would create an unsafe condition.

(4) If they are suitable for reuse, residues recovered during the treatment process may be recycled through the processes that generated the wastewater rather than disposed of as a waste.

(5) A water tight seal on all treatment and storage units or two feet of protection from the 100-year flood elevation shall be provided.

(6) Storage units in a closed-loop recycle system shall be designed to contain the accumulation of water from a 25-year, 24-hour storm event with 1 foot freeboard, unless the system is protected from rainfall and runoff.

(7) The bottoms of earthen impoundments, trenches, or other similar excavations shall be at least four feet above the bedrock surface, except that the bottom of excavations that are less than four feet above bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10^-7 centimeters per second. Liner thickness shall be that thickness necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner requirements may be reduced if the applicant demonstrates through predictive calculations or modeling that construction and use of these treatment and disposal units will not result in contravention of surface water or groundwater standards.

(8) Treatment works and disposal systems using earthen basins, lagoons, ponds, or trenches, excluding holding ponds containing non-industrial treated effluent prior to irrigation, for treatment, storage, or disposal, shall have either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10^-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivity no greater than that of the natural material liner.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. September 1, 2018.

SECTION .0500 - GENERAL UTILIZATION REQUIREMENTS

15A NCAC 02U .0501 RECLAIMED WATER UTILIZATION

(a) Reclaimed water utilized in a manner that includes application to the land surface shall meet the following criteria:

(1) The reclaimed water shall meet requirements for Type 1 reclaimed water in Rule .0301(b) of this Subchapter;

(2) Notification shall be provided by the permittee or its representative to inform the public and employees of the use of reclaimed water and that the reclaimed water is not intended for drinking. Notification material shall be provided to employees in a language they understand;

(3) The reclaimed water generator shall develop and maintain a record keeping program for distribution of reclaimed water;

(4) The reclaimed water generator shall develop and maintain an education and approval program for all use of reclaimed water. Educational material shall be provided to employees in a language they understand;

(5) The reclaimed water generator shall develop and maintain a routine review and inspection program for all uses of reclaimed water on property not owned by the generator;

(6) The compliance boundary and the review boundary for groundwater are established at the irrigation area boundaries. No deed restrictions or easements shall be required to be filed on adjacent properties. Land application of effluent shall be on property controlled by the generator unless an easement is provided in accordance with 15A NCAC 02L .0107, except in cases where a compliance boundary is not established; and

(7) Reclaimed water irrigated on designed soil matrix, such as artificial or natural turf athletic fields with subsurface drainage shall meet the following conditions:

(A) Annual hydraulic loading and maximum precipitation rates shall be designed to irrigate a volume not to exceed the design water capacity of the designed soil matrix above the drainage system; and

(B) Outlets of the drainage system shall not be allowed to discharge directly to surface waters (intermittent or perennial) or to storm water conveyance systems that do not allow for infiltration prior to discharging to surface waters.

(b) Reclaimed water used for industrial and commercial uses shall meet the criteria below:

(1) The reclaimed water shall meet requirements for Type 1 reclaimed water;

(2) Notification shall be provided by the permittee or its representative to inform the public and employees of the use of reclaimed water and that the reclaimed water is not intended for drinking, and notification material shall be provided to employees in a language they understand;

(3) The reclaimed water generator shall develop and maintain an education and approval program for all reclaimed water users, and educational material shall be provided to employees in a language they understand;

(4) The reclaimed water generator shall develop and maintain a record keeping program for distribution of reclaimed water;

(5) The reclaimed water generator shall develop and maintain a routine review and inspection program for all reclaimed water users; and

(6) Reclaimed water used for activities other than land application shall not be used in a manner that causes exposure to aerosols.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011 (S.L. 2011-48);

Readopted Eff. September 1, 2018.

SECTION .0600 - BULK DISTRIBUTION OF RECLAIMED WATER

15A NCAC 02U .0601 BULK DISTRIBUTION OF RECLAIMED WATER

(a) Tank trucks and other equipment used to distribute reclaimed water shall be identified with advisory signs stating that they contain reclaimed water that is not intended for drinking.

(b) Tank trucks used to transport reclaimed water shall not be used to transport potable water.

(c) Tank trucks used to transport reclaimed water shall not be filled through on-board piping or removable hoses that may subsequently be used to fill potable water tanks.

(d) The reclaimed water generator shall develop and maintain an education and approval program for all reclaimed water users.

(e) The reclaimed water generator shall develop and maintain a record keeping program for bulk distribution of reclaimed water.

(f) The reclaimed water generator shall develop and maintain a routine review and inspection program for reclaimed water users.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .0700 - SETBACKS

15A NCAC 02U .0701 SETBACKS

(a) Treatment and storage facilities associated with systems permitted under this Subchapter shall adhere to the setback requirements in 15A NCAC 02T .0506, except as provided in this Rule.

(b) Final effluent storage facilities shall meet all setback requirements for riparian buffer rules pursuant to 15A NCAC 02B, as well as the following setbacks:

feet

Each private or public water supply source 100

Surface waters such as intermittent and perennial streams, perennial waterbodies,

and wetlands 50

Each well with exception of monitoring wells 100

Each property line for facilities constructed on or after June 18, 2011 50

Each property line for facilities constructed prior to June 18, 2011 0

feet

Surface waters such as intermittent and perennial steams, perennial waterbodies,

and wetlands not classified SA 25

Surface waters such as intermittent and perennial streams, perennial waterbodies,

and wetlands not classified SA, provided that the reclaimed water to be

utilized contains no more than 10 mg/L of Total Nitrogen and no more

than 2 mg/L of Total Phosphorusin addition to applicable requirements

in Rule .0101 of this Subchapter and Section .0300 of this Subchapter 0

Surface waters such as intermittent and perennial streams, perennial waterbodies,

and wetlands classified SA 100

Each well with exception of monitoring wells 100

(d) No setback between the application area and property lines is required.

(e) Setbacks between reclaimed water storage ponds and property lines or wells under separate ownership may be waived by the adjoining property owner. A copy of the signed waiver shall be provided to the Department.

(f) Setbacks between reclaimed water storage ponds and wells under the same ownership as the reclaimed water storage pond may be waived by the property owner.

(g) Setback waivers, other than those allowed in Paragraphs (e) and (f) of this Rule, shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Setback waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.

(h) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.

(i) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraph (a) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. March 21, 2019.

SECTION .0800 – OPERATIONAL practices

15A NCAC 02U .0801 OPERATION AND MAINTENANCE

(a) An Operation and Maintenance Plan shall be maintained by the permittee for all reclaimed water generators and closed-loop recycle systems. The plan shall:

(1) describe the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted;

(2) include a sampling and monitoring plan to evaluate quality of reclaimed water within the distribution system to provide quality assurance at the time of reuse, and specify actions to be taken in response to unsatisfactory monitoring results;

(3) provide a map of all reclaimed water distribution lines and record drawings of all reclaimed water utilization systems under the permittee's control;

(4) describe anticipated maintenance of the system;

(5) include provisions for safety measures, including restriction of access to the site and equipment as required in this Subchapter; and

(6) include spill control provisions, including:

(A) response to upsets and bypasses, including control, containment, and remediation; and

(B) contact information for plant personnel, emergency responders, and regulatory agencies.

(b) Irrigation areas shall have a year-round vegetative cover.

(d) Irrigation and metering equipment shall be tested and calibrated annually, or as established by permit.

(e) Vehicles and heavy machinery shall not be allowed on the irrigation area, except during installation or maintenance activities.

(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds, and open-atmosphere storage units.

(g) Vegetative cover shall be maintained on all earthen embankments.

(h) The permittee shall keep a log of maintenance activities that occur at the facility.

(i) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

15A NCAC 02U .0802 RESIDUALS MANAGEMENT

(a) A Residuals Management Plan shall be maintained for all reclaimed water and closed-loop recycle systems that generate residuals. The plan shall include the following:

(1) an explanation as to how the residuals will be collected, handled, processed, stored, and disposed;

(2) an evaluation of the residuals storage requirements for the treatment facility, based upon the maximum anticipated residuals production rate and the ability to remove residuals;

(3) a permit for residuals management or a written commitment to the permittee of a Department-approved residuals management program accepting the residuals that demonstrates that the approved program has capacity to accept the residuals or that an application for approval has been submitted; and

(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, an explanation as to how these materials will be collected, handled, processed, stored, and disposed.

(b) The permittee shall maintain a record of all residuals removed from the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .0900 - LOCAL PROGRAM APPROVAL

15A NCAC 02U .0901 LOCAL PROGRAM APPROVAL

(a) Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may apply to the Division for approval of programs for permitting construction, modification, and operation of reclaimed water distribution lines and permitting users under their authority, unless prohibited by Rule .0120 of this Subchapter. Construction of and modifications to treatment works, including pump stations for reclaimed water distribution, require Division approval. Permits issued by approved local programs shall serve in place of permits issued by the Division. Local program approval shall not be granted for dedicated reclaimed water systems.

(b) Applications. Applications for approval of local programs shall provide information to assure compliance with the requirements of this Subchapter and the following:

(1) Include two copies of the permit application forms, intended permits, including types of uses, design criteria, flow chart of permitting, inspection, and certification procedures, and other relevant documents to be used in administering the local program; and

(2) Documentation that the local authority has procedures in place for processing permit applications, setting permit requirements, enforcement, and penalties that are compatible with those for permits issued by the Division.

(c) Any amendments to the requirements of this Subchapter shall be incorporated into the local program within 60 days of the effective date of the amendments.

(d) If required by G.S. 89C, a North Carolina registered Professional Engineer shall be on the staff of the local program or retained as a consultant to review designs and to answer questions that arise in the review of proposed projects. The local program shall also provide staff or retain a consultant to review all other non-engineering related program areas.

(e) Each project permitted by the local program shall be inspected for compliance with the requirements of the local program at least once during construction.

(f) Approval of Local Programs. The Division staff shall acknowledge receipt of an application for a local program, review the application, notify the applicant of additional information that may be required, and make a recommendation to the Commission regarding approval of the proposed local program.

(g) All permitting actions, enforcement actions, and monitoring of the distribution system shall be summarized and submitted to the Division on an annual basis on Division-approved forms. . The report shall also provide a listing and summary of all enforcement actions taken or pending during the year. The report shall be submitted within 30 days after the end of each year.

(h) A summary of any program changes shall be submitted to the Division on an annual basis. Program changes include staffing, processing fees, and ordinance revisions.

(i) Modification of a Local Program. After a local program has been approved by the Commission, any modification of the program procedures or requirements specified in this Rule shall be approved by the Director to assure that the procedures and requirements remain as stringent as the State-wide requirements in this Subchapter.

(j) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit applicant finds unacceptable shall be made according to the approved local ordinance. The Commission shall not consider individual permit denials or issuance with conditions to which a permittee objects. This Paragraph does not alter the enforcement authority of the Commission as specified in G.S. 143-215.1(f).

History Note: Authority G.S. 143-215.1; 143-215.1(f); 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .1100 - WETLANDS AUGMENTATION

15A NCAC 02U .1101 WETLANDS AUGMENTATION

(a) Wetland augmentation shall be limited as follows:

(1) Wetland augmentation shall be limited to pine flat and hardwood flat wetlands as defined in the most current version of the N.C. Wetland Assessment Method (NC WAM) User Manual developed by the N.C. Wetland Functional Assessment Team (NC WFAT), excluding riparian zones;

(2) Reclaimed water discharge to Salt Water Wetlands (SWL) or Unique Wet Lands (UWL), as defined in 15A NCAC 02B .0101, is not permitted under the rules in this Subchapter; and

(3) Reclaimed water discharge to wetlands areas shall be limited to times when the depth to groundwater is greater than or equal to one foot.

(b) In addition to the requirements established in Rule .0201 or Rule .0202 of this Subchapter, all new and expanding wetlands augmentation facilities shall:

(1) Identify the classification of the existing wetlands according to the most current version of the N.C. Wetlands Assessment Method (NC WAM) User Manual and information provided by the North Carolina Natural Heritage Program (NC NHP);

(2) Identify the existing beneficial uses of the reclaimed water to the wetlands in accordance with 15A NCAC 02B .0231, and demonstrate the net environmental benefit;

(3) Determine the hydrologic regime of the wetlands, including depth and duration of inundation, and average monthly water level fluctuations. An estimated monthly water budget shall be provided by the applicant and compared to actual conditions during operation;

(4) Identify the class of reclaimed water to be discharged, associated parameter concentrations, and annual loading rates to the wetlands;

(5) Determine whether the wetland occurs in a ground water recharge or discharge area;

(6) Provide baseline monitoring information for wetlands to allow determination of reference conditions, to be performed for at least one representative year prior to initiation of discharge;

(7) Provide a project evaluation and receiver site agronomic plan that includes a hydraulic loading recommendation based on the soils report, hydrogeologic description, agronomic investigation, wetland type, local topography, aquatic life, wildlife, and all other investigative results to support that there will be no negative effects on the uses of the wetlands, including the biological criteria and net environmental benefits that will be gained. Hydraulic loading recommendations shall reflect seasonal changes to wetlands, including restrictions during times of high water table levels;

(8) For dedicated wetlands augmentation systems, provide 200 percent of the land requirements based on the recommended hydraulic loading rate. After five years of operation the permittee may request and receive a reduction in the additional land requirement if operational data supports that sufficient utilization capacity exists for the reclaimed water generator;

(9) Ten percent of the land requirements shall remain in a natural state to be used as a basis of comparison to the wetlands receiving reclaimed water;

(10) For application of reclaimed water exhibiting parameter concentrations greater than 100 percent of the groundwater standards, provide a site-specific hydrogeologic investigation (i.e., evaluation of wetlands/groundwater interaction, groundwater recharge/discharge, gradient, project proximity to water supply wells) to show that hydrogeologic conditions are adequate to prevent degradation of groundwater quality and demonstrate through hydrogeological modeling that groundwater standards will not be exceeded at the compliance boundary; and

(11) Provide documentation that any applicable NPDES program requirements have been met, pursuant to 15A NCAC 02H .0100.

(c) All renewal applications for wetlands augmentation facilities shall submit documentation that the project continues to function as designed and that the net environmental benefit aspects remain applicable.

(d) Reclaimed water utilized for wetlands augmentation shall meet the following reclaimed water effluent standards:

(1) Reclaimed water discharged to natural wetlands shall be treated to Type 1 reclaimed water standards;

(2) In addition to water quality requirements associated with Type 1 reclaimed water, reclaimed water discharged to wetlands shall not exceed the following concentrations, unless net environmental benefits are provided:

(A) Total Nitrogen (as Nitrogen) of 4.0 mg/L; and

(B) Total Phosphorus (as Phosphorus) of 1 mg/L;

(3) Metal concentrations in reclaimed water discharged to wetlands shall not exceed North Carolina surface water quality standards, unless acute whole effluent toxicity testing demonstrates absence of toxicity.

(e) Reclaimed water facilities utilizing wetlands augmentation shall meet the criteria below:

(1) Notification shall be provided by the permittee or its representative to inform the public of the use of reclaimed water and that the reclaimed water is not intended for drinking;

(2) The reclaimed water generator shall develop and maintain a wetlands monitoring program. This monitoring will be conducted during the first five growing seasons after initiation of the application of reclaimed water, after which the applicant may apply for reduced monitoring. The monitoring requirements shall include the following items:

(A) vegetation, macroinvertebrates, amphibians, fish, birds, and threatened or endangered species surveys;

(B) water chemistry;

(D) a groundwater monitoring plan, except for those projects receiving reclaimed water characterized by average annual parameter concentrations less than or equal to 50 percent of ground water quality criteria, and less than 50 percent of required surface water discharge concentrations;

(3) The reclaimed water generator shall develop and maintain an education program for all users of reclaimed water on property not owned by the generator;

(4) The reclaimed water generator shall develop and maintain a routine review and inspection program for the wetlands augmentation system; and

(5) The compliance boundary and the review boundary for groundwater shall be established at the property line. No deed restrictions or easements are required to be filed on adjacent properties. Land application of reclaimed water shall be on property controlled by the generator unless a contractual agreement is provided in accordance with 15A NCAC 02L .0107, except when a compliance boundary is not established.

(f) Permitting of wetlands augmentation uses shall not be delegated to local programs.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.

SECTION .1400 - IRRIGATION TO FOOD CHAIN CROPS

15A NCAC 02U .1401 IRRIGATION TO FOOD CHAIN CROPS

(a) Irrigation to food chain crops shall be limited as follows:

(1) Reclaimed water utilized for direct or indirect contact irrigation of food chain crops that will be peeled, skinned, cooked, or thermally processed before consumption shall be treated to Type 1 reclaimed water standards;

(2) For the purposes of this Rule, tobacco is not considered a food chain crop;

(3) Reclaimed water shall not be utilized for direct contact irrigation of food chain crops that will not be peeled, skinned, cooked, or thermally processed before consumption except as approved in Subparagraph (5) of this Paragraph;

(4) Reclaimed water utilized for indirect contact irrigation of food chain crops that will not be peeled, skinned, cooked, or thermally processed before consumption shall be treated to Type 2 reclaimed water standards; and

(5) If requested, the Department shall authorize demonstration projects to collect and present data related to the direct application of reclaimed water on crops that are not peeled, skinned, cooked, or thermally processed before consumption. Crops produced during such demonstration projects may be used as animal feed or may be thermally processed, cooked, or otherwise prepared for human consumption in a manner approved by the North Carolina Department of Agriculture and Consumer Services. If the applicant, based on the data collected, demonstrates to the Department that public health will be protected if their reclaimed water is directly applied to crops that are not peeled, skinned, cooked, or thermally processed, the Department shall waive the prohibition described in Subparagraph (3) of this Paragraph for that project. When considering such demonstration projects, the Department shall seek the advice of the North Carolina Department of Agriculture and Consumer Services.

(b) In addition to the requirements established in Rule .0201 or Rule .0202 of this Subchapter, all new and expanding irrigation to food chain crops systems shall submit a Standard Soil Fertility Analysis for each field to be irrigated. The Standard Soil Fertility Analysis shall include the following parameters:

(1) acidity;

(2) base saturation (by calculation);

(3) calcium;

(4) cation exchange capacity;

(5) copper;

(6) exchangeable sodium percentage (by calculation);

(7) magnesium;

(8) manganese;

(9) percent humic matter;

(10) pH;

(11) phosphorus;

(12) potassium;

(13) sodium; and

(14) zinc.

(c) When a water balance is required by Rule .0202(e) of this Subchapter, the water balance shall include seasonal water requirements for the crops.

(d) For irrigation sites not owned by the permittee, a land owner agreement shall be provided to the Division. The land owner agreement shall include the following:

(1) a description of the approved uses and conditions for use of the reclaimed water consistent with the requirements of this Rule;

(2) a condition requiring the reclaimed water supplier to provide the landowner with the results of sampling performed to document compliance with the reclaimed water effluent standards; and

(3) a condition requiring the landowner to report to the permittee any use of the reclaimed water inconsistent with the uses in the agreement.

(e) All renewal applicants for dedicated irrigation to food chain crop systems shall submit:

(1) A Standard Soil Fertility Analysis for each field to be irrigated. The Standard Soil Fertility Analysis shall include the parameters from Paragraph (b) of this Rule;

(2) The inventory of commercial agricultural operations using reclaimed water to irrigate food chain crops required in Subparagraph (f)(7) of this Rule; and

(3) For irrigation sites not owned by the permittee, a land owner agreement pursuant to Paragraph (d) of this Rule.

(f) Reclaimed water facilities providing reclaimed water for the irrigation of food chain crops shall meet the criteria below:

(1) Crops irrigated by direct contact with reclaimed water shall not be harvested within 24 hours of irrigation with reclaimed water;

(2) Notification at the utilization site shall be provided by the permittee or its representative to inform the public of the use of reclaimed water and that the reclaimed water is not intended for drinking;

(3) The reclaimed water generator shall develop and maintain a record keeping program for distribution of reclaimed water;

(4) The permittee shall develop and maintain an education program for users of reclaimed water for irrigation to food chain crops;

(5) The reclaimed water generator shall provide all landowners receiving reclaimed water for irrigation of food chain crops a summary of all reclaimed water system performance as required in G.S. 143-215.1C;

(6) The reclaimed water generator shall develop and maintain a routine review and inspection program for all irrigation to food chain crop systems; and

(7) The permittee shall maintain an inventory of commercial agricultural operations using reclaimed water to irrigate food chain crops for each year of operation. The inventory shall be maintained for five years. The inventory of food chain crop irrigation shall include the following:

(A) name of the agricultural operation;

(B) name and telephone number of the owner or operator of the agricultural operation;

(D) food chain crops irrigated with reclaimed water;

(E) type of application method used; and

(F) approximate irrigation area where food chain crops are grown.

History Note: Authority G.S. 143-215.1; 143-215.3(a);

Eff. June 18, 2011;

Readopted Eff. September 1, 2018.