SB 474 — Septage Management Amendments.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 474 Agriculture, Energy, and Environment Committee Substitute Adopted 5/4/21 Short Title:

Senators McInnis, Steinburg, and Britt (Primary Sponsors).

Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN AMENDMENTS TO THE SEPTAGE MANAGEMENT PROGRAM WITHIN THE DEPARTMENT OF ENVIRONMENTAL QUALITY'S DIVISION OF WASTE MANAGEMENT.

Within 90 days of receiving a complete permit application, the Department shall either grant the permit or denynotify the permit.septage management firm applying for the permit of the basis for the denial of the permit and give the septage management firm an opportunity to correct the basis for the denial.

The Department shall notify the applicant of the basis for any denial and give the applicant an opportunity to correct the basis for denial.

(d) Septage shall be treated and disposed only at a wastewater system that has been approved by the Department under rules adopted by the Commission or at a site that is permitted by the Department under this section.

A permit shall be issued only if the site satisfies all of the requirements of the rules adopted by the Commission.

Permitmodificationsshallberequiredwhenthereisachangeinownershiporcorporatestructure.Septage management firm permits and septage land application site permits may be amended to reflect changes in ownership or corporate structure upon notification to the Department.

… (h) The Department or a properly qualified person approved by the Department shall inspect each septage land application site at least twice a year and shall inspect the records *S474-v-1* General Assembly Of North Carolina Session 2021 associated with each septage land application site at least annually.

The Department shall inspect each pump pumper truck used for septage management at least once every two years.

(h1)Vehicles Theannualand permitequipment applicationshallused identifythepumpertruckson andsite vehiclesthat are not integral to beusedcompliance bywith the septagenutrient management firm.plan shall not be included in the inspection or otherwise listed with the Department.

Pumper(h1) trucksThe andannual vehiclespermit usedapplication in the transportation, containment, and consolidation of liquid septage shall beidentify listed by the septagepumper managementtrucks firmto onbe itsused permit and inspectedother and regulated as vehicles bytheused Departmentin butcontainment shalland notconsolidation beof regulatedseptage *S474-v-2*operated Generalby Assemblythe Of North Carolina Session 2021 as septage detentionmanagement facilities.firm.

EquipmentPumper trucks and other vehicles used in the containment andor consolidation of septage shall be inspected and regulated as septagevehicles detentionby orthe treatmentDepartment sitesbut andshall requirenot abe permit.regulated as septage detention facilities.

AllTanker pumper trucks and vehicles used by a permitted septage management firm shall meet all federal and State highway lawslaws. or have a maximum capacity of no more than 21,000 gallons.

A permitted septage management firmshallnotifytheDepartmentfirm within10daysofplacingapumpertruckshall orvehiclenotify the Department within 10 days of placing a pumper truck or a vehicle used in containment or consolidation of septage in service that was not previouslypreviouslyincluded included in a permit issued to the firm and shall make the pumper truck or the vehicle used in containment or consolidation of septage available for inspection by the Department.

A septage management firm is not prohibited from use of a pumper truck or a vehicle used in containment or consolidation of septage that meets the requirements of the rules adopted by the Commission prior to inspection by the Department.

AllSeptage pumper trucks and vehicles that are listed on the approved septage management firm's permit may remain loaded or partially loaded for no more than seven days.

AllVehicles pumper trucks and vehicles used in the transportation, containment, andconsolidation, consolidationor treatment of septage that are listed on the approved septage management firm's permit shall be located on the premises of athe septage management facilityfirm or on the property of another party by legal agreement of the septage management firm and the property owner.

…."(i) SECTIONThe 2.Department shall approve innovative or alternative septage treatment or storage methods that are demonstrated to protect the public health and the environment.

(j) Septage generated by the operation of a wastewater system permitted under Article 11 of this Chapter may be managed as provided in this section and may be land applied at a septage land application site permitted under this section." SECTION 2.

New septageland application siteoperatorsand thosethat have not operated a septageland application site in the 24 months preceding the submittal of an application shall complete the training before commencing operation.operation.in the first year of licensure.

Septage land application site operators applying for subsequent permit renewals pursuant to G.S.

130A-291.1 shall have the required three hours of instruction waived if the permitted operator continues to satisfy all of the other requirements of the rules adopted by the Commission.

Each committee shall consist of four industry members, one public health member,Page two2 employeesSenate ofBill the474-First Department,Edition andGeneral oneAssembly representativeOf of the North Carolina CooperativeSession Extension2021 Service.Themember, Departmenttwo shallemployees develop and maintain a list of approvedthe instructionDepartment, coursesand thatone haverepresentative aof directthe orNorth indirectCarolina relevanceCooperative toExtension septageService." managementSECTION firms,3.(a) septageDefinitions. land application site operators, and septage detention or treatment facility operators.

The instruction courses shall be technical in nature and address business management practices, professional ethics, quality assurance, codes, or similar topics which facilitate professional development and serve to safeguard health, safety, and welfare of citizens.

The Department may approve additional training courses on a case-by-case basis." SECTION 3.(a) Definitions.

– Until the effective date of the revised permanent rule that the Environmental Management Commission is required Page 2 Senate Bill 474-Second Edition General Assembly Of North Carolina Session 2021 to adopt pursuant to subsection (d) of this section, the Commission shall implement the Septage Land Application Site Renewal Rule as provided in subsection (c) of this section.

– This section and rules adopted pursuant to this section apply to all septage land application site permit renewals issued on or after JuneMay 1, 2021.

SECTION 4.(a)4. The Department of Environmental Quality shall not offer renewal education online for septage management firm operators or septage land application operators unless needed on a case-by-case basis in coordination with the septage industry associations.

SECTION 4.(b) This section becomes effective June 1, 2021, or upon the date an executive order rescinding Section 5 of Executive Order No.

209 (2021), Remove the Outdoor Face Covering Requirement, Relaxing Restrictions on Gatherings, and Extending the Capacity and Social Distancing Measures of EO 204, becomes effective, whichever is earlier.

SECTION 5.

Senate Bill 474-Second474-First Edition Page 3