North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .1100 - RESIDUALS MANAGEMENT › Section 02T .1108 - SETBACKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For residuals
				  treatment and storage facilities, the following setbacks in feet shall be as
				  follows:
Each habitable residence or place of assembly under
								separate ownership or not to be maintained as part of the project
								site
100
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
50
(b) For land onto which Class A bulk
				  residuals are applied or stockpiled, the following setbacks in feet shall be as
				  follows:
Liquid Residuals
Cake Residuals
Each private or public water supply
								source
100
100
Surface waters such as intermittent and perennial
								streams, perennial waterbodies, and wetlands
100
25
Surface water diversions such as ephemeral streams,
								waterways, and ditches
25
0
Groundwater lowering ditches where the bottom of
								the ditch intersects the SHWT
25
0
Each well with exception of monitoring
								wells
100
100
Bedrock outcrops
25
0
(c) For land onto which Class B residuals are
				  applied or stockpiled, the following setbacks in feet shall be as follows:
Surface Application by Vehicle
Surface Application
Injection / Incorporation by
								Irrigation
Each habitable residence or place of assembly under
								separate ownership or not to be maintained as part of the project
								site
400
400
200
Each habitable residence or place of assembly owned
								by the permittee, the owner of the land, or the lessee or operator of the land
								to be maintained as part of the project site
0
200
0
Each property line
50
150
50
Public right of way
50
50
50
Each private or public water supply
								source
100
100
100
Surface waters such as intermittent and perennial
								streams,
perennial waterbodies, and wetlands
32.8
32.8
32.8
Surface water diversions such as ephemeral streams,
								waterways, and ditches
25
25
25
Groundwater lowering ditches where the bottom of
								the ditch intersects the SHWT
25
100
25
Subsurface groundwater lowering drainage
								systems
0
100
0
Each well with exception of monitoring
								wells
100
100
100
Bedrock outcrops
25
25
25
Top of slope of embankments or cuts of two feet or
								more in vertical height
15
15
15
Each building foundation or
								basement
0
15
0
Each water line
0
10
0
Nitrification field
0
20
0
(d) For the construction and operation of
				  surface disposal units, the following setbacks in feet shall be as follows:
Each habitable residence or place of assembly under
								separate ownership or not to be maintained as part of the project
								site
400
Each property line
50
Public right of way
50
Each private or public water supply
								source
100
Surface waters such as intermittent and perennial
								streams, perennial waterbodies, and Wetlands
100
Surface water diversions such as ephemeral streams,
								waterways, and ditches
25
Groundwater lowering ditches (where the bottom of
								the ditch intersects the SHWT)
100
Subsurface groundwater lowering drainage
								systems
100
Each well with exception of monitoring
								wells
100
Each water line
10
(e) Setback waivers shall be written,
				  notarized, signed by all parties involved, and recorded with the county
				  Register of Deeds. Waivers involving the compliance boundary shall be in
				  accordance with
				  15A NCAC
				  02L .0107.
(f) Setbacks to property lines established in
				  Paragraphs (a), (c), and (d) of this Rule shall not be applicable if the
				  permittee, the entity from which the permittee is leasing, or the entity that
				  executed the notarized landowner agreement in
				  15A NCAC
				  02T .1104(c)(4) owns both
				  parcels separated by the property line.
(g) 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 Paragraphs (a) and (d) of this Rule.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.