GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 1058

SENATE BILL 701

 

AN ACT TO ESTABLISH A SEPTAGE MANAGEMENT PROGRAM IN THE DEPARTMENT OF HUMAN RESOURCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 130A-290 is amended by inserting the following subdivisions:

"(16a)  'Septage' means solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids and sludge of human or domestic origin which is removed from a septic tank system.

(16b)   'Septage management firm' means a person engaged in the business of pumping, transporting, storing, treating or disposing septage.  The term does not include public or community sanitary sewage systems that treat or dispose septage."

Sec. 2.  Chapter 130A, Article 9, of the General Statutes, is amended by adding a new section as follows:

"§ 130A-291.1.  Septage management program.-(a) The Department shall establish and administer a septage management program in accordance with the provisions 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 transportation, storage, treatment and disposal; issuance, suspension and revocation of permits; and procedures for 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.

(d)       Septage shall be treated and disposed only at public or community sanitary sewage systems designed to discharge effluent to the surface waters and at sites permitted by the Department.  The permit shall be issued only if the site satisfies all of the requirements of the rules adopted by the Commission.

(e)       Every septage management firm operating one septage pumper truck shall pay to the Department an annual fee of three hundred dollars ($300.00) by 1 January for that calendar year.  Every septage management firm operating two or more septage pumper trucks shall pay to the Department an annual fee of four hundred dollars ($400.00) by 1 January for that calendar year.  All fees collected by the Department under this subsection shall be deposited with the State Treasurer and shall be used, subject to appropriation by the General Assembly, to staff and support and support the septage management program.

(f)        All public or community sanitary sewage 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 sanitary sewage system.  The sanitary sewage system may charge a reasonable fee for acceptance, treatment and disposal of septage."

Sec. 2.  This act shall become effective January 1, 1989, except that the provision that requires septage management firms to obtain a permit to operate shall become effective July 1, 1989.  Rules adopted pursuant to this act shall not be effective before January 1, 1989.

In the General Assembly read three times and ratified this the 7th day of July, 1988.