15A NCAC 13B .0831      DEFINITIONS

In addition to the terms defined in G.S. 130A-290, as used in this Section the following terms are defined as follows:

(1)           "Agronomic rates" means those rates that provide the nitrogen and other nutrient needs of the crop based on available realistic yield expectations (RYE) established for a soil series through published Cooperative Extension Service bulletins, Natural Resources Conservation Service publications, or county soil surveys, but do not overload the soil with nutrients or other constituents that may eventually leach to groundwater, limit crop growth, or degrade soil quality.

(2)           "Annual septage application rate" means the maximum amount, in gallons, of septage that may be applied to a unit area of land during a 365-day period.

(3)           "Land application" means the spraying or spreading of septage onto the land surface; the injection of septage below the land surface; or the incorporation of septage into the soil so that the septage conditions the soil or fertilizes crops or vegetation grown in the soil.

(4)           "Licensed Geologist" means licensed geologist as defined in G.S. 89E-3.

(5)           "Licensed Soil Scientist" means licensed soil scientist as defined in G.S. 89F-3.

(6)           "Nutrient Management Plan" means a plan to define the management requirements and nutrient needs of crops to be grown on a septage land application site, including the amount, sources, placement, and timing of nutrient applications to maximize the nutrient uptake of the crop. Plan implementation shall protect the environment and maintain crop productivity.

(7)           "Place of business" means place of business as defined in G.S. 130A-334.

(8)           "Place of public assembly" means place of public assembly as defined in G.S. 130A-334.

(9)           "Professional Engineer" means professional engineer as defined in G.S. 89C-3.

(10)         "Residence" means residence as defined in G.S. 130A-334.

(11)         "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including bedrock or weathered rock, not exhibiting the properties of soil.

(12)         "Seasonal High Water Table" or "SHWT" means the highest level of the saturated zone in the soil during a year with normal rainfall. SHWT may be determined in the field through identification of redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of predicted groundwater elevations.

(13)         "Septage Management Facility" means land, personnel, and equipment used in the management of septage, including septage management firms as defined in G.S. 130A-290(a)(33), septage detention and treatment facilities, and septage land application sites.

(14)         "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of sand, silt, and clay minerals and variable amounts of organic materials.

(15)         "Soil textural classes" means soil classification based upon size distribution of mineral particles in the fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand (2.0 – 0.05 mm in size), silt (0.05 mm – 0.002 mm), and clay (less than 0.002 mm in size) particles. The specific textural classes shall be defined as follows:

(a)           "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt plus 1.5 times the percentage of clay less than 15;

(b)           "Loamy sand" means soil material that contains 70 to 91 percent sand, and the percentage silt plus 1.5 times the percentage of clay is not less than 15, and the percentage of silt plus twice the percentage of clay is less than 30;

(c)           "Sandy loam" means soil material that contains either:

(i)            7 to 20 percent clay, 52 percent or more sand, and the percentage of silt plus twice the percentage of clay exceeds 30; or

(ii)           less than 7 percent clay, less than 50 percent silt, and more than 43 percent sand;

(d)           "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and 52 percent or less sand;

(e)           "Silt loam" means soil material that contains either:

(i)            50 percent or more silt and 12 to 27 percent clay; or

(ii)           50 to 80 percent silt and less than 12 percent clay;

(f)            "Silt" means soil material that contains 80 percent or more silt and less than 12 percent clay;

(g)           "Sandy clay loam" means soil material that contains 20 to 35 percent clay, less than 28 percent silt, and more than 45 percent sand;

(h)           "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 46 percent sand;

(i)            "Silty clay loam" means solid material that contains 27 to 40 percent clay and 20 percent or less sand;

(j)            "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or more sand;

(k)           "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or more silt; and

(l)            "Clay" means soil material that contains 45 percent or less sand and less than 40 percent silt.

(16)         "Treatment of septage" means the preparation of septage for final use or disposal. Treatment may include thickening, stabilization, and dewatering of septage. Treatment shall not include storage of septage.

Definitions in 40 CFR 503.9(d), (g), (h), (j), (k), (l), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a), (c), (d), (f), (g), (i), (k), (l), (m), (n) are incorporated by reference including subsequent amendments and editions.

History Note:        Authority G.S. 130A-291.1;

Eff. October 1, 2009;

Readopted Eff. February 1, 2019.