(a)  Applications for permits for innovative or alternative treatment, storage, or land application methods that do not fit the criteria outlined in this Section shall be reviewed in accordance with G.S. 130A-291.1(i).

(b)  Applications shall include:

(1)           the information required in Rule .0837(c) of this Section;

(2)           an operation and maintenance manual consistent with the requirements of Rule .0837(e)(4) of this Section;

(3)           means of demonstrating that the proposed method of treatment or storage will meet the appropriate standards for vector attraction reduction and pathogen reduction in this Section; and

(4)           testing methods and schedule to document Subparagraph (3) of this Paragraph.

If required by G.S. 89C, a professional engineer shall prepare these documents. [Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated March 11, 2010, that preparation of engineering design documents for alternative treatment methods that do not fit the criteria outlined in this Section constitutes practicing engineering under G.S. 89C.]

(c)  Innovative or alternative design criteria shall be approved in cases where the applicant can demonstrate that the alternative design criteria will provide the following:

(1)           equal or better treatment of the waste;

(2)           equal or better protection of the waters of the state; and

(3)           no increased potential for nuisance conditions from noise, odor, or vermin.


History Note:        Authority G.S. 130A-291.1;

Eff. April 1, 2010;

Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0842).