§ 143-214.7A. Stormwater control best management practices. - North Carolina Statutes

§ 143‑214.7A. Stormwater control best management practices.

(a)        The Department ofEnvironment and Natural Resources shall establish standard stormwater controlbest management practices and standard process water treatment processes orequivalent performance standards for composting operations that are required tobe permitted by the Division of Water Quality in the Department and theDivision of Waste Management in the Department. These practices, processes, andstandards shall be developed for the purpose of protecting water quality bycontrolling and containing stormwater that is associated with compostingoperations, by reducing the pollutant levels of process water from compostingoperations, and by reducing the opportunities for generation of such waters.

(b)        The Division ofWater Quality shall clarify that stormwater is water that does not contactanything considered a feedstock, intermediate product, or final product ofcomposting operations. The Division of Water Quality shall clarify thatwastewater is leachate and water that contacts feedstocks, intermediateproducts, or final product, of composting operations. The clarifications shallincorporate available scientifically valid information obtained from samplingand analyses of North Carolina composting facilities and from validrepresentative data from other states. In addition, the Division of WaterQuality shall establish threshold quantities of feedstocks, intermediateproducts, and final products above which water quality permitting will be required.

(c)        The Departmentshall establish revised water quality permitting procedures for the compostingindustry. The revised permitting procedures shall identify the variouscircumstances that determine which water quality permit is required for variouscomposting activities. The Department shall determine whether selected low‑risksubsets of the composting industry may be suitable for expedited or reducedwater quality permitting procedures. The determination shall includeconsideration of the economic impact of regulatory decisions.

(d)        In developing thepractices, processes, and standards and the revised water quality permittingprocedures required by this section, the Department shall review practices,processes, and standards and permitting procedures adopted by other states andsimilar federal programs.

(e)        The Departmentshall form a Compost Operation Stakeholder Advisory Group composed ofrepresentatives from the North Carolina Chapter of the United States CompostingCouncil, the North Carolina Association of County Commissioners, the NorthCarolina League of Municipalities, the North Carolina State AgriculturalExtension Service, the North Carolina Chapter of the American Water WorksAssociation‑Water Environment Federation, the North Carolina PumperGroup, the North Carolina Chapter of the Solid Waste Association of NorthAmerica, the North Carolina Septic Tank Association, and any individual orgroup commenting to the Department on issues related to water quality atcomposting operations. The Compost Operation Stakeholder Advisory Group shallbe convened periodically to provide input and assistance to the Department.

(f)         The practices,processes, and standards and the revised permitting procedures shall addressthe site size of an operation, the nature of the feedstocks composted, the typeof compost production method employed, the quantity and water quality of thestormwater or process water associated with composting facilities, the waterquality of the receiving waters, as well as operation and maintenancerequirements for the resulting standard stormwater control best managementpractices and standard process water treatment processes.  (2009‑322, s. 1(a)‑(f).)