Groundwater & Wastewater Mgmt




512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina

July 8, 2015
1:00 - 2:00 p.m.

(Joint Meeting of GWWM & WQC 2:00 - 2:30 p.m.)

Kevin Martin, Chairman Presiding

General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before Commission.  If any member knows of a conflict of interest or appearance of a conflict, please so state at this time.


I.     Preliminary Matters

1.   Call to Order and Notice of NCGS § 138A-15 ........................................Chairman Martin

2.   Approval of minutes from Committee meeting on May 13, 2015 (Attached)

II.     Action Items:

1.    Request to Proceed to the Environmental Management Commission (EMC) for Aproval of Proposed Amendments 15A NCAC 13B .0105 Collection and Transportation of Solid Waste (Ellen Lorscheider and Jessica Montie, DWM)

The Division of Waste Management will request the Groundwater and Waste Management Committee approval to proceed to the EMC with proposed amendments to the subject rule.  DWM was directed by Session Law 2013-413 to amend the rule 15A NCAC 13B .0105 to change the vehicle and container requirement wording from "leak-proof" to "leak-resistant."  The proposed rules must be substantively identical to the provisions of Session Law 2013-413, which expires when the permanent rules have become effective.  Rule 15A NCAC 13B .0105 establishes provisions for the collection and transportation of all solid waste to a permitted disposal site or facility using vehicles and containers constructed, operated, and maintained in order to prevent the creation of a nuisance or environmental harm.  Elen Lorscheider, Solid Waste Section Chief in the Division of Waste Management, will present information on the rule changes, options for rule adoption, and potential impacts to the Solid Waste program and regulated community.

Attachments:  13B .0105 RRC Comments - AJR and ACM
                    13B .0105 
Rule Summary and Fiscal Impact Analysis - Final 07012015
                    13B .0105 Pr
oposed Rule Formatted Text - Final 07012015 


2.    Request Approval to Proceed to the Environmental Management Commission for Public Comment and Hearing on Temporary Rulemaking for Proposed Revisions to Definition of Solid Waste Rule; 15A NCAC 13A .0102, .0103, and .0106, and GS 130A-290. (Julie Woosley, DWM)

The EPA adopted the new Definition of Solid Waste Rule (80 FR 1694-1814) on January 13, 2015.  Ms. Woosley gave an informational presentation on the Federal rule to the GWWM Committee at the March 2015 meeting on NC's history of partial adoption of the 2008 rule, and how the new rule addressed some of the concerns that prevented full adoption at that time.  Today, she will give a brief review of the rule and report on impacts to the NC Hazardous Waste Program and to NC industries, and will request approval to proceed to the EMC for public comment and hearing on adopting the proposed rule under temporary rulemaking authority.

Attachment:  15A NCAC 13A .0102 Revised 0702
                   15A NCAC 13A .0103 Revised-V3
                   15A NCAC 13A .0106 Revised-V3


Powerpoint Presentation


III.   Information Items:

1.  The Federal Electronic Manifest Rule, which will be incorporated by reference  but will require amending to adopt previously excluded protions of the rules:  40CFR262.24, 262.25. and 263.25.  (Julie Woosley, DWM)

  Attachment:  Powerpoint Presentation

Joint Meeting of GWWM & WQC 2:00 - 2:30 p.m. for next item

 2.  Summary of City of Raleigh, Neuse River WWTF five year evaluation of variance  from groundwater regulations (Jon Risgaard and Rick Bolich, DWR)

 Explanation:  Pursuant to the requirements of the January 14, 2010 Final Decision Granting Variance in the Matter of Petition for Variance from Groundwater Regulations 15A NCAC 2L .0107(K)(3)(A) and 15A NCAC 2L .0106(J) by the City of Raleigh, North Carolina, the Division is providing a summary of City of Raleigh's five year evaluation of the ongoing remediation efforts at the site.

The EMC approved variance ddresses elevated nitrate concentrations in the groundwater which resulted from the over application of residuals.  The variance request was for relief from the Correctie Action requirement of 15A NCAC 02L .0106 and .0107 and to allow the implementation of the corrective action plan utilizing natural attenuation with groundwater containment.  A condition of the approved variance required accounting for nitrogen contributions to the Neuse River for the groundwater as part of the City's NPDES discharge allocation for nitrogen and continued monitoring of the natural attenuation of contaminated groundwater instead of actively remediating the entire groundwater contaminant plume.  A portion of the contaminant plume that threatened water supply wells is currently undergoing active remediation as a condition of the variance.

Recommendation:  Based on information contained in the five year evaluation the Division recommends that the Environmental Management Commission take no further action at this time, but be aware that updated predictive model results may necessitate revisiting the nitrogen debit schedule as part of the 2019 five year evaluation and for incorporation into the 2020 NPDES permit cycle.

Attachments:  Summary ReportPowerpoint Presentation

    Appendix A - Final Decision Granting Variance (17 pgs)
    Appendix B - CAP Final + Revised Attachment 2 (8 pgs)
    Appendix C - EMC Meeting Minutes (56 pgs)
    Appendix D-1 - Five-Year Report (152 pgs)
    Appendix D-2 - DWR Additional Information Request (12 pgs)
    Appendix D-3 - City's Response to Information Request (31 pgs)


IV.  Closing Remarks..........................................................................................................Chairman Martin

Adjournment 07-08-15