North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .1300 - ANIMAL WASTE MANAGEMENT SYSTEMS › Section 02T .1305 - NPDES PERMITTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall apply to animal waste
				  management systems subject to regulation pursuant to
				  G.S.
				  143-215.10C and
				  40 CFR
				  122.23, which is incorporated by reference
				  including subsequent amendments and editions and shall apply throughout this
				  Rule. 40 CFR
				  122.23 can be accessed free of charge at
http://www.gpo.gov/fdsys/
.
(b) With the exception of dry litter poultry
				  systems, an animal waste management plan shall be submitted as follows:
(1) The animal waste management practices or
				  combination of practices that are selected to comprise a plan for a specific
				  facility shall meet NRCS standards, the standard of practices adopted by the
				  Soil and Water Conservation Commission pursuant to
				  02 NCAC
				  59E .0104, or standards for any combination
				  of practices that provide water quality protection and are approved by one of
				  these two agencies; and all applicable State statutes and rules and all
				  applicable federal requirements at the time of development or design.
(2) Permittee shall submit plans that have
				  been approved by a technical specialist. The technical specialist shall certify
				  that the best management practices that comprise the approved plan meet
				  applicable standards and specifications, pursuant to
				  G.S.
				  143-215.10C. The certification shall be
				  submitted to the Division on Division-supplied forms or forms approved by the
				  Division as providing the same information as required by the Division's
				  forms.
(3) The waste shall not be
				  applied at greater than agronomic rates.
(4) The land application and siting setbacks
				  shall meet the applicable conditions established in
				  G.S.
				  106-803, and NRCS standards at the time of
				  site construction or at the time waste is first applied at the land application
				  site.
(5) The land application and
				  siting setbacks must meet the applicable conditions established in 40 CFR Part
				  412.
(6) Notwithstanding
				  Subparagraph (b)(4) of this Rule, land application of waste shall be no closer
				  than 100 feet from a well other than a monitoring well and no closer than 200
				  feet from a dwelling not owned by the waste generator at the time waste is
				  first applied at the land application site. Setback waivers related to distance
				  of land application of waste from a dwelling not owned by the waste generator
				  shall be written, notarized, signed by all parties involved, and recorded with
				  the county of Register of Deeds.
(7) The waste shall not be applied on land
				  that is flooded, saturated with water, frozen, or snow covered at the time of
				  land application.
(8) Land
				  application of waste shall be prohibited during precipitation events.
(9) All waste application equipment shall be
				  tested and calibrated at least once every calendar year, and the results shall
				  be documented on forms supplied by or approved by the Division as providing the
				  same information as required by the Division's forms.
(10) Visible waste-level gauges shall be
				  installed and maintained to mark the level of the waste in each animal waste
				  lagoon or storage pond that does not gravity feed through a free flowing
				  transfer pipe into a subsequent waste storage structure. The gauge shall have
				  readily visible permanent markings.
(11) New and expanded animal waste treatment
				  systems, such as lagoons and waste storage structures, shall be located at
				  least 100 feet from a perennial stream or perennial waterbody. For new and
				  expanding systems, this setback requirement shall also apply to areas in
				  feedlots where an established vegetative cover will not be maintained because
				  of the concentration of animals, with the exception of stock trails and stream
				  crossings.
(12) For animal waste
				  management facilities desiring to increase their animal population beyond that
				  permitted, a new individual permit or new certificate of coverage to operate
				  under a general permit must be issued before the additional animals are
				  stocked.