North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter U - RECLAIMED WATER › Section .0700 - SETBACKS › Section 02U .0701 - SETBACKS

Current through Register Vol. 39, No. 2, July 15, 2024
(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
(c) The setbacks for utilization sites where
				  reclaimed water is land applied shall be as follows:
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.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. June 18, 2011;
Readopted Eff. March 21,
					 2019.