(a)  General requirements for septage land application sites shall include the following:

(1)           only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed on a septage land application site, unless specified in the permit;

(2)           each site shall be posted with visible and legible "NO TRESPASSING" signs. All access roads or paths crossing or leading to the disposal area shall be posted "NO TRESPASSING" and a visible and legible sign stating "SEPTAGE LAND APPLICATION SITE" shall be maintained at each entrance to the land application area;

(3)           each site shall have an all weather access road;

(4)           no hazardous wastes shall be permitted on the site;

(5)           no site shall be permitted for land application of industrial or commercial septage unless the applicant demonstrates to the Division that the strength of the organic and inorganic components of the septage is within the normal range for domestic septage;

(6)           treatment plant septage generated by the operation of a wastewater system permitted under Article 11 of Chapter 130A may be land applied at a septage land application site permitted under this Section;

(7)           septage shall be applied to the surface of the land from a moving vehicle to have no standing liquid or soil disturbance resulting from the waste flow after the discharge is complete;

(8)           septage shall not be applied to a site if any liquid is ponded on the site or if the site is flooded, frozen, or snow covered;

(9)           septage shall not be applied to a site if the application method will result in ruts greater than three inches in the soil surface;

(10)         disposal area boundaries shall be marked on the ground while a site or any portion of a site is in use. Markers shall be of adequate height and spacing such that they are visible and distinguishable from the surrounding landscape for determining the disposal boundaries when the site is in use;

(11)         all septage discharges shall be made at a location on the site consistent with the nutrient management plan;

(12)         all septage discharges, including aerial drift from discharges, shall be made within the permitted boundaries of the land application site;

(13)         land application of septage shall be limited to a maximum daily hydraulic application rate of one acre inch;

(14)         grease septage shall be diluted at least 1:1 from its concentration when pumped with domestic septage or water if land applied over perennial vegetation. This dilution shall be increased if crop damage occurs. This dilution requirement shall not apply to the liquid portion of grease septage that has been treated to remove solids, fats, oils, and grease as long as crop damage does not occur;

(15)         solids resulting from septage treatment shall not be land applied unless the solids are treated to meet pathogen reduction and vector attraction reduction requirements in 40 CFR 503, and the permittee has demonstrated to the Division that the solids will be land applied with uniform distribution over the entire permitted application area at agronomic rates with standard agricultural spreading equipment;

(16)         the site shall be managed to minimize soil erosion and surface water runoff. Appropriate soil and water management practices shall be implemented and maintained in accordance with the erosion and run-off management plan submitted in accordance with Rule .0840(c)(14) of this Section. All water control structures shall be designed, installed, and maintained to control the run-off resulting from a 10-year storm;

(17)         approved nutrient management plans shall be followed;

(18)         land application sites or portions of land application sites that do not follow the approved nutrient management plan shall not be used for land application until brought into compliance with the nutrient management plan;

(19)         land application sites permitted for the management of grease septage, or commercial or industrial septage, shall have a septage detention facility available, of adequate size to meet the requirement of Subparagraph (a)(14) of this Rule; and

(20)         a septage land application site permit holder or operator is responsible for the actions of any septage management firm that the permit holder or operator allows to use his or her land application site.

(b)  Maximum land application rates for septage shall be determined based upon the following:

(1)           domestic septage land application rates shall be in accordance with 40 CFR 503.12(c);

(2)           land application of domestic treatment plant septage shall not exceed the rate in 40 CFR 503.14(d);

(3)           pollutant limits for regulated metals in 40 CFR 503.13 shall not be exceeded for any type of septage;

(4)           grease septage shall be land applied at a rate that is equal to or less than the agronomic rate, but in no case shall the application of untreated grease septage exceed 25,000 gallons per acre per year;

(5)           sites permitted for the land application of grease septage shall meet the requirements of 40 CFR 257.3-5;

(6)           land application rates for septage treated to reduce solids, nutrients, or pollutants shall be determined based on the analysis of the treated material;

(7)           at least four analyses of treated liquid shall be required prior to receiving an adjusted land application rate. Additional samples may be required for inconsistent analysis results;

(8)           each analysis shall include nitrogen panel, phosphorus, potassium, soluble salts, pH, and regulated metals except mercury, calcium, manganese, magnesium, iron, sulfur, boron and chlorine;

(9)           after an adjusted land application rate is approved, sampling shall be required every 60 days for the initial 12 months of operation;

(10)         after the initial 12 months, wastes with consistent sample results shall be sampled quarterly; and

(11)         land application rates for industrial or commercial septage, or commercial or industrial treatment plant septage shall be determined as specified in Subparagraphs (b)(1) and (b)(2) of this Rule unless testing determines that a lower rate is necessary due to other non-domestic pollutants.

(c)  Septage treatment standards:

(1)           domestic septage shall be treated in accordance with the requirements in 40 CFR 503 D (including Appendix A and B) except that 503.33(b)(11) is not incorporated;

(2)           grease septage, treated grease septage, industrial or commercial treatment plant septage, and industrial or commercial septage shall be treated in accordance with 40 CFR 257.3-6 or treated by an equivalent or more stringent process in 40 CFR 503 D;

(3)           grease septage, or any part of grease septage, mixed with domestic septage shall be treated as grease septage; and

(4)           domestic treatment plant septage shall be treated to meet the pathogen reduction and the vector attraction reduction requirements in 40 CFR 503 D.

(d)  No one other than the permit holder shall land apply septage at a permitted site unless approved in writing by the Division. The permit holder shall submit a written request and written authorization from the landowner(s), if different from the permit holder. The request shall include the name of the firm requesting approval and the type and amount of septage proposed to be discharged. The Division may approve the request if the land application activity, the permit holder, and the firm requesting approval to land apply are in compliance with rules of this Section.

(e)  Permit holders of septage land application sites shall develop and maintain records and reports to demonstrate compliance with this Section and the permit requirements of each site.

(1)           permit holders of sites receiving septage shall maintain a log which meets the requirements of 40 CFR 503.17(b);

(2)           permit holders of all septage land application sites shall have all records and certifications and test results required in accordance with this Section available for review during inspections by the Division or upon the Division's request; and

(3)           the permit holder of a site where more than one septage management firm has been authorized by the Division to discharge septage shall submit a monthly report to the Division that shall include the following information for each discharge: the date and quantity of each discharge, the type of septage discharged, and the name of the septage management firm discharging.

(f)  Septage shall not be land applied at a new septage land application site until a representative of the Division has inspected the site to determine compliance with these rules and consistency with the permit application and all permit conditions.


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

Eff. October 1, 2009;

Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0838).