§ 130A-291.1. Septage management program; permit fees.
§ 130A‑291.1. Septagemanagement program; permit fees.
(a) The Departmentshall establish and administer a septage management program in accordance withthe provisions of this section.
(b) For the protectionof the public health, the Commission shall adopt rules governing the managementof septage. The rules shall include, but are not limited to, criteria for thesanitary management of septage, including standards for the transportation,storage, treatment, and disposal of septage; operator registration andtraining; the issuance, suspension, and revocation of permits; and proceduresfor the payment of annual fees.
(c) No septagemanagement firm shall commence or continue operation that does not have apermit issued by the Department. The permit shall be issued only when theseptage management firm satisfies all of the requirements of the rules adoptedby the Commission. A septage management firm that commences operation withoutfirst having obtained a permit shall cease to operate until the firm obtains apermit under this section and shall pay an initial annual fee equal to twicethe amount of the annual fee that would otherwise be applicable undersubsection (e) of this section.
(d) Septage shall betreated and disposed only at a wastewater system that has been approved by theDepartment under rules adopted by the Commission or by the EnvironmentalManagement Commission or at a site that is permitted by the Department underthis section. A permit shall be issued only if the site satisfies all of therequirements of the rules adopted by the Commission.
(e) A septagemanagement firm that operates one pumper truck shall pay an annual fee of fivehundred fifty dollars ($550.00) to the Department. A septage management firmthat operates two or more pumper trucks shall pay an annual fee of eighthundred dollars ($800.00) to the Department.
(e1) An individual whooperates a septage treatment or disposal facility but who does not engage inthe business of pumping, transporting, or disposing of septage shall pay an annualfee of two hundred dollars ($200.00).
(e2) A properly completedapplication for a permit and the annual fee under this section are due by 1January of each year. The Department shall mail a notice of the annual fees toeach permitted septage management firm and each individual who operates aseptage treatment or disposal facility prior to 1 November of each calendaryear. A late fee in the amount equal to fifty percent (50%) of the annualpermit fee under this section shall be submitted when a properly completedapplication and annual permit fee are not submitted by 1 January following the1 November notice. The clear proceeds of civil penalties collected pursuant tothis subsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(e3) The SeptageManagement Account is established as a nonreverting account within theDepartment. Fees collected under this section shall be placed in the SeptageManagement Account and shall be applied only to the costs of the septagemanagement program.
(e4) Permits for newseptage management firm operators and permits for septage management firmoperators that have not operated a septage management firm in the 24 monthsimmediately preceding the submittal of an application shall be consideredprobationary for 12 months. The Department may revoke any probationary permitof a firm or an individual that violates any provision of this section, G.S.130A‑291.2, G.S. 130A‑291.3, or any rule adopted under thesesections. If the Department revokes a probationary permit issued to a firm orindividual, the Department shall not issue another permit to that firm orindividual, and the firm or individual may not engage in any septage managementactivity for a period of 12 months.
(e5) The Department shallprovide technical and regulatory assistance to permit applicants and permitholders. Assistance may include, but is not limited to, taking soil samples onproposed and permitted septage land application sites and providing requiredtraining to permit applicants and permit holders.
(f) All wastewatersystems designed to discharge effluent to the surface waters may accept, treat,and dispose septage from permitted septage management firms, unless acceptanceof the septage would constitute a violation of the permit conditions of thewastewater system. The wastewater system may charge a reasonable fee foracceptance, treatment, and disposal of septage based on a fee schedule thattakes into account septage composition and quantity and that is consistent withother charges for use of that system.
(g) Production of acrop in accordance with an approved nutrient management plan on land that ispermitted as a septage land application site is a bona fide farm purpose underG.S. 153A‑340.
(h) The Departmentshall inspect each septage land application site at least twice a year andshall inspect the records associated with each septage land application site atleast annually. The Department shall inspect each pump truck used for septagemanagement at least once every two years.
(i) The Departmentshall approve innovative or alternative septage treatment or storage methodsthat are demonstrated to protect the public health and the environment.
(j) Septage generatedby the operation of a wastewater system permitted under Article 11 of thisChapter may be managed as provided in this section and may be land applied at aseptage land application site permitted under this section. (1987 (Reg. Sess., 1988), c.1058, s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 8; 1993, c. 173, s. 4; 2001‑505,s. 1.1; 2005‑276, s. 6.37(t); 2006‑255, s. 5.1(a).)