GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1019

 
 
Short Title:	Amend Septage Management Program.	()	
Sponsors:	Representatives Mitchell, Hunter, and Owens (Primary Sponsors).	
Referred to:	Public Health, if favorable, Finance.	
April 9, 2001

A BILL TO BE ENTITLED
AN ACT TO AMEND THE SEPTAGE MANAGEMENT PROGRAM AND TO AUTHORIZE CERTAIN PERMIT FEES UNDER THAT PROGRAM.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑291.1 reads as rewritten:
"§ 130A‑291.1. Septage management program; permit fees.
(a)	The Department shall establish and administer a septage management program in accordance with the provision of this section.
(b)	For the protection of the public health, the Commission shall adopt rules governing the management of septage. The rules shall include, but not be limited to, criteria for the sanitary management of septage, including standards for the transportation, storage treatment, and disposal of septage; operator registration and training; the issuance, suspension, and revocation of permits; and procedures for the payment of annual fees.
(c)	No septage management firm shall commence or continue operation that does not have a permit issued by the Department. The permit shall be issued only when the septage management firm satisfies all of the requirements of the rules adopted by the Commission. Any septage management firm that commences operation prior to obtaining a permit shall cease to operate, obtain a permit under this section, and pay an initial annual fee, in lieu of the amount of the annual fee under subsection (e) of this section, equal to twice the amount of the annual fee under subsection (e) of this section.
(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 by the Environmental Management 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.
(e)	A septage management firm that operates one pumper truck shall pay an annual fee of  five hundred fifty dollars ($550.00) to the Department. A septage management firm that operates two or more pumper trucks shall pay an annual fee of  eight hundred dollars ($800.00) to the Department.
(e1)	Individuals who operate a septage management facility but do not operate a septage management firm shall pay an annual fee of two hundred dollars ($200.00).
(e2)	 A properly completed permit application and the annual fee under this section are due by January 1 of each year. Annual fee notices shall be mailed prior to November 1 of each calendar year. A late fee in the amount equal to fifty percent (50%) of the annual permit fee under this section shall be submitted when a properly completed application and annual permit fee are not submitted by January 1 following the November 1 notice.
(e3)	Fees collected under this section shall be applied only to the costs of the septage management program. Fees remaining at the end of the fiscal year shall not revert to the General Fund.
(e4)	Permits of new septage management firm operators and permits of septage management firm operators that have not operated a septage management firm in the 24 months preceding the submittal of an application shall be considered probationary for 12 months. The Department shall revoke any probationary permit of a firm or an individual that violates any provision under this section, G.S. 130A-291.2, G.S. 130A-291.3, or any rule adopted under these sections. Any holder of a probationary permit under this subsection that begins operation prior to completing all of the requirements of this section, G.S. 130A-291.2, G.S. 130A-291.3, or the rules adopted under these sections shall be prohibited from operating for 12 months.
(e5)	Department staff involved in permitting septage management firms and facilities shall be responsible for and directly involved in providing technical and regulatory assistance to site operators and permit applicants. This assistance shall include, but not be limited to, taking soil samples on permitted septage land application sites and providing required training under this section to permit holders.
(f)	All wastewater systems designed to discharge effluent to the surface waters may accept, treat, and dispose septage from permitted septage management firms, unless acceptance of the septage would constitute a violation of the permit conditions of the wastewater system. The wastewater system may charge a reasonable fee for acceptance, treatment, and disposal of septage based on a specified formula of septage strength and quantity consistent with other charges.
(g)	Growing and harvesting, in accordance with an approved nutrient management plan on permitted septage land application sites, a crop that is used or is sold is considered agriculture.
(h)	Septage land application sites shall be inspected at least twice a year. Septage land application site records shall be inspected at least annually. Pump trucks used for septage management shall be inspected at least once every two years.
(i)	The Department shall approve innovative or alternative septage treatment or storage methods that are demonstrated to protect the public health and the environment."
SECTION 2.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding two new sections to read:
"§ 130A-291.2. Temporary domestic wastewater holding tanks.
When a permanent domestic wastewater collection and treatment system is not available at a construction site or a temporary special event, a temporary wastewater holding tank of adequate capacity to prevent overflow may be used under a mobile or modular office to accommodate domestic wastewater from a commode and sink. The temporary domestic wastewater holding tank shall be installed above the ground by a plumber licensed by the State of North Carolina. The wastewater shall be removed often enough to prevent the temporary domestic wastewater holding tank from overflowing. The wastewater shall be removed from the temporary domestic wastewater holding tank by a septage management firm holding a current permit under this section to operate a septage management firm.
"§ 130A-291.3.  Septage operator training required.
(a)	Each septage management firm operator shall attend a training course of no less than three hours of instruction per year. New septage management firm operators and those that have not operated a septage management firm in the 24 months preceding the submittal of an application shall complete the training before commencing operation.
(b)	Each septage land application site operator shall attend a training course of no less than three hours of instruction per year. New septage land application site operators and those that have not operated a septage land application site in the 24 months preceding the submittal of an application shall complete the training before commencing operation.
(c)	Upon the completion of the permit requirements under G.S. 130A-291.1 and the training requirements under this section, the Department shall issue the septage management firm a certificate to operate as a registered portable sanitation firm or a registered septage management firm.
(d)	Educational committees shall be established to develop a training curriculum or to approve existing training curricula to satisfy the training requirements under this section. One training committee shall be established to develop a training program for portable sanitation waste, and one training committee shall be established to develop a training program for septic tank waste and grease septage. Each committee shall consist of four industry members, one public health member, two members of the Department, and one representative of the Cooperative Extension Service."
SECTION 3.  The Commission for Health Services shall adopt temporary rules to implement this act and shall begin the temporary rule‑making process within 30 days of the effective date of this act.
SECTION 4.  This act is effective when it becomes law.