15A NCAC 13B .0832       GENERAL PROVISIONS

(a)  General permitting requirements.

(1)           No person shall manage septage, or any part of septage, or operate a Septage Management Firm without first obtaining a permit from the Division as required under G.S. 130A-291.1(c);

(2)           The permit requirement of G.S. 130A-291.1(c) applies to persons who remove septage, and other waste materials or spent media from wastewater systems permitted by the Division of Environmental Health, under the authority of Article 11, Chapter 130A of the North Carolina General Statutes;

(3)           The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated from properties which they own, lease or manage as part of a business, including but not limited to mobile homes, mobile home parks, restaurants, and other residential and commercial property;

(4)           The Division may deny a permit application, in accordance with G.S. 130A-295.3(c);

(5)           The Division may require an applicant to demonstrate substantial compliance in accordance with G.S. 130A-294(b2)(2);

(6)           All conditions for permits issued in accordance with this Section shall be followed;

(7)           Where specified in this Section, permit applications or specific portions of applications shall be prepared by a qualified environmental professional in accordance with Rule .0202(a)(3) of this Subchapter; and

(8)           Initial septage land application site and detention and treatment facility permits shall be issued for a maximum of one year.  Renewal permits shall be issued for five years if the facility has not had a major violation and records have been maintained in accordance with this Section.

(b)  Portable sanitation permitting provisions.

(1)           A mobile or modular office that meets the criteria of G.S. 130A-291.2 shall be considered a chemical or portable toilet as defined in G.S. 130A-290(a)(1c).  Leaks or overflows of the storage tank at a mobile or modular office shall be considered illegal land application.  The office occupant and owner of the mobile or modular office shall be considered to be the responsible party and will be subject to the requirements of Paragraph (a) of this Rule.

(2)           No person shall rent or lease portable toilet(s) or contract or subcontract to rent or lease portable toilet(s)or manage or dispose of waste from portable toilet(s), regardless of ownership of the toilet(s) unless that person is permitted to operate a septage management firm.

(3)           Placement of a chemical or portable toilet as defined in G.S. 130A-290(a)(1c) for potential use in North Carolina shall be considered operation of a septage management firm which requires a permit.

(c)  Recreational vehicle waste provisions.

(1)           Domestic septage from a recreational vehicle shall be managed in accordance with this Section or shall flow directly into a wastewater treatment system permitted by the Department of Environment and Natural Resources.

(2)           Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated on a regular basis, and that are not connected to an approved wastewater system shall be managed in accordance with Article 11, Chapter 130A of the NC General Statutes.

(3)           Recreational vehicle dump stations that do not discharge directly to a wastewater treatment system permitted by the Department of Environment and Natural Resources shall be permitted as a septage detention and treatment facility in accordance with this Section.

(d)  Alternate septage management method limitations.

(1)           Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease trap, interceptor, separator, or other appurtenance used for the purpose of removing cooking oils, fats, grease, and food debris from the waste flow generated from food handling, preparation, and cleanup unless the Division has received written approval from the wastewater treatment plant operator or the onsite wastewater system permitting authority that reintroduction is acceptable.

(2)           Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless approved pursuant to G.S. 130A-343(c).

(3)           Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow grease.

(4)           Septage, or any part of septage, shall not be disposed of in a municipal solid waste landfill unless the waste passes the paint filter test and the landfill receiving the waste has provided the Division written documentation that the specific material will be accepted.

(5)           Septage, or any part of septage, shall not be disposed of in a dumpster unless the waste passes the Paint Filter Liquids Test as defined by EPA S.W. 846 Method 9095B which can be accessed at no cost at http://www.epa.gov/osw/hazard/testmethods/sw846/online/index.htm, the landfill receiving the waste is a properly permitted municipal solid waste landfill, in accordance with Section .1600 of this Subchapter, and the landfill operator has provided the Division written documentation that the specific material will be accepted.

(6)           Septage, or any part of septage, managed through subsurface disposal shall be considered a treatment facility and shall require a permit in accordance with this Section and G.S. 130A-343.

(7)           Facilities receiving septage, or any part of septage, for composting shall be permitted in accordance with Section .1400 of this Subchapter.

(e)  All training, to meet the requirements of G.S. 130A-291.3(a) and (b), must be pre-approved by the Division.

(f)  Waste from holding tanks not otherwise addressed in this Section, and from wastewater systems pumped more often than every 30 days, shall not be considered domestic septage and shall not be land applied at a permitted septage land application site.

(g)  Inspection and entry.  The permit holder of a septage management firm or facility shall allow a representative of the Division to:

(1)           Enter the permit holder's premises where a regulated facility or activity is located or conducted;

(2)           Access and copy any records required in accordance with this Section or conditions of the permit;

(3)           Inspect any facilities, equipment (including monitoring and control equipment), practices or operations regulated by the Division;

(4)           Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Federal Clean Water Act or the North Carolina Solid Waste Management Act, any substances, parameters or soils at any location; and

(5)           Photograph for the purpose of documenting times of compliance or noncompliance at septage management facilities or to require the permit holder to make such photos for the Division.

(h)  Failure of a person to follow a requirement in any rule set forth in this Section or the taking of any action prohibited by any rule in this Section shall constitute a violation of that rule.

 

History Note:        Authority G.S. 130A-291.1, 130A-291.2, 130A-295.3(c), 130A-335;

Eff. October 1, 2009;

Amended Eff. January 1, 2014.