1. Session Law 2009-322 Water Quality Permitting for Composters
A presentation by the Division of Water Quality
for the
Compost Operation Stakeholder Advisory Group
Meeting #1
Final Scheduled Meeting
Raleigh, December 9, 2009
Raleigh, September 28, 2010
Ken Pickle, DWQ Stormwater Permitting Unit
Thanks
I want to provide a quick, very quick, review of the provisions from this summer’s law.
How many have read HB1100, which was signed July 17, 2009 and became SL ?

2. Overview of SL
Directs NCDENR to revise our water quality permitting procedures for the composting industry.
Promised by DWQ and outlined by stakeholder proposals.
Directs NCDENR to convene this stakeholders group for the specific purpose of providing input and assistance to NCDENR in this task.
Done.
Specifies a schedule for NCDENR to accomplish these main directives, and other detailed directives in the law.
On schedule, so far.
Compost Operation Stakeholder Advisory Group, December 2009/September 2010
1. OK, there are three main ideas in the Session Law, (HB1100) along with lots of details not on shown on the slide. Here are the three main requirements on NCDENR:
2. First bullet – we will be making changes to our permitting procedures. The extent of those changes and the particulars of those changes will influenced by the results of this stakeholders process.
3. Second bullet – Why are you here? I hope primarily to help NCDENR with our task. Those who accepted the invitation extended by the Steering Committee to represent the organizations named in the Session Law understood this when they agreed to serve.
4. Third bullet – We’re working to a schedule laid out by the legislature in this Law. The schedule includes specific time limits for NCDENR to accomplish the requirements of the Law. Next – the schedule.

3. SL Schedule
Not later than Dec 31, 2009: NCDENR must report to the legislature on our progress on the implementation of SL ; and on any recommendations from the Stakeholder group. Done.
Not later than Jan 1, 2010: NCDENR must request recommendations from the Stakeholder group. Done.
Not later than Jan 1, 2011: NCDENR must establish standard stormwater and wastewater treatment methods. DWQ promised; begin work in October.
Also not later than Jan. 1, 2011: NCDENR must begin the phase in of revised water quality permitting procedures. DWQ promised; begin work in October.
Not later than October 1, 2012: NCDENR must complete the phase in of revised water quality permitting procedures. DWQ promised.
Compost Operation Stakeholder Advisory Group, December 2009/Sept. 2010
Ok, here is the schedule laid out in the Session Law.
First bullet – This month we will report on this meeting, and on the implementation of the other provisions of the SL; and on our plans for progressing into next year, Note that the Environmental Review Commission does not meet this month, so in order to meet the requirement of the law, we will be submitting a written report to them. It’s possible that when they get back in town, they may subsequently call on us to present the report. We will wait to see Other progress reports may be required by the ERC.
Second bullet – We’re making that request now. The date of this meeting was chosen by the Steering Committee in order to meet this requirement of the Session Law.
Third, fourth and fifth bullets – So, we’ve got a year to work together to get established treatment methods, and permitting procedures and begin implementing them. And, we’ve got 21 months more to get everyone under the appropriate water quality permit.
There is another set of timed requirements on NCDENR. The Session Law directs NCDENR as to how to address water quality permitting needs during the period between the effective date of the Session Law (July 17, 2009) and the phase in of revised procedures. Next slide.

4. Interim period water permitting
DWQ must issue interim permit extensions to: Composters applying for renewal of their DWQ permit; provided that there have been no significant changes to the DWM permitted quantities, feedstocks, and composting methods. <Exception for: water quality violations> No instances so far since July 2009.
DWQ must establish appropriate permit coverage on a case-by-case basis for: Composters renewing DWM permits, but without any DWQ water quality permit. DWQ has advised the majority of sites to wait for this process to conclude.
DWQ must address new water quality permit applications on a case-by-case basis for: Composters applying for the first time to DWM and DWQ. No applications for water permits received so far.
Compost Operation Stakeholder Advisory Group, December 2009/September 2010

5. Other Requirements in SL 2009-322
NCDENR must establish standard stormwater and wastewater treatment and volume reduction practices. DWQ promised.
NCDENR must clarify the distinction between wastewater and stormwater. Done.
NCDENR must consider scientifically valid information from North Carolina sites and sites in other states. Done.
NCDENR must establish materials thresholds above which water quality permitting is required. Done for small yard waste facilities.
NCDENR must consider whether low-risk subsets of the industry are candidates for reduced or expedited permitting procedures. Done; small yard waste facilities; General Permit coverage promised.
NCDENR must consider the economic impact of regulatory decisions. Done in the COSAG generally; done wrt hydrogeological studies.
NCDENR must consider the size of an operation, the feedstocks, the composting method, the quantity and quality of discharges, the water quality of the receiving waters, and operating and maintenance requirements for treatment methods. Done specifically for most of the listed considerations; maintenance requirements to be addressed in DWQ treatment measures fact sheets.
Compost Operation Stakeholder Advisory Group, December 2009/September 2010

6. Remaining NCDENR Deliverables
Progress Report to the Environmental Review Commission of the NC Legislature.
Summary report of the COSAG process and process outcomes. This will be the ‘record document’ of our work together.
DWQ/DWM permitting process flow diagram.
DWQ General Permit for stormwater and wastewater discharges.
DWQ – APS Director’s Policy on the additional flexibility for land application without a hydrogeological study.
DWQ water quality treatment BMP fact sheets for ready reference by composters and consultants. Similarly for volume control measures.
Jan 1, 2011 and Jan 1, 2012 notification letters to DWM and DWQ composting permittees on the requirement to submit water quality control permit applications by July 1, 2012.
Dissemination to composters that ‘finished’ compost will be determined by a Solvita, or like determination.
NCDENR participation in two continuing committees: a sort of ‘Continuity Committee’, and a ‘Monitoring Data Review Committee.’
Final revisions to the documents posted on the DWM portal – specifically the DWQ Report #1 and DWQ Report #3, plus any others.
END
Compost Operation Stakeholder Advisory Group, September 2010