15A NCAC 02B .0272. JORDAN WATER SUPPLY NUTRIENT STRATEGY: FERTILIZER MANAGEMENT

The following is the management strategy for controlling land-applied nutrients in the Jordan watershed, as prefaced in Rule .0262 of this Section. 

(1)           PURPOSE.   The purpose of this Rule is to protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed by managing the application of nutrients, both inorganic fertilizer and organic nutrients, to lands in the Jordan watershed.  The requirements of this Rule are to be fully implemented within three years from the effective date as set out in Item (6) of this Rule.

(2)           APPLICABILITY. This Rule shall apply to the application of nutrients on:

(a)           Cropland areas in the Jordan watershed for commercial purposes;

(b)           Commercial ornamental and floriculture areas and greenhouse production areas in the Jordan watershed;

(c)           Golf courses, public recreational lands, road or utility rights-of-way, or other commercial or institutional lands where any such land, or combination of such lands, under common management in the watershed totals at least five acres; and

(d)           Any lands in the Jordan watershed where a hired applicator, as defined in 15A NCAC 02B .0202(4), who does not own or lease the lands applies nutrients to a total of at least five acres per year.

(3)           REQUIREMENTS. Application of nutrients to lands subject to this Rule shall be in accordance with the following requirements:

(a)           Application shall be made either:

(i)            By an applicator who has completed nutrient management training pursuant to Item (4) of this Rule; or

(ii)           Pursuant to a nutrient management plan that meets the requirements of Item (5) of this Rule.

(b)           With the exception of residential homeowners, a person who hires an applicator to apply nutrients to the land that they own or manage in the Jordan watershed shall either: 

(i)            Ensure that the applicator they hire has attended and completed nutrient management training pursuant to Item (4) of this Rule; or

(ii)           Ensure that the applicator they hire follows a nutrient management plan that has been developed for the land that they own or manage pursuant to Item (5) of this Rule.

(4)           NUTRIENT MANAGEMENT TRAINING.  To demonstrate compliance with this Rule through the nutrient management training option, the applicator shall have a certificate indicating completion of training provided by either the Cooperative Extension Service or the Division.  Training certificates shall be kept on-site or be produced within 24 hours of a request by the Division.  Training shall be sufficient to provide participants with an understanding of the value and importance of proper management of nitrogen and phosphorus, and the water quality impacts of poor nutrient management, and the ability to understand and properly carry out a nutrient management plan.

(5)           NUTRIENT MANAGEMENT PLANS.  Nutrient management plans developed to comply with this rule shall meet the following requirements:

(a)           Nutrient management plans for cropland, excluding those for application of Class A bulk, and Class B wastewater residuals, regulated under 15A NCAC 02T .1100 and septage application regulated under 15A NCAC 13B .0815 through .0829, shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission, including those found in 15A NCAC 06E .0104 and 15A NCAC 06H .0104, which are incorporated herein by reference, including any subsequent amendments and editions to such rules that are in place at the time that plans are approved by a technical specialist as required under Sub-Item (5)(e) of this Rule.

(b)           Nutrient management plans for application of Class A bulk, and Class B, wastewater residuals regulated under 15A NCAC 02T .1100 and septage application regulated under 15A NCAC 13B .0815 through .0829 shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission in 15A NCAC 06E .0104, including any subsequent amendments and editions to such rule that are in place at the time that plans are approved by the permitting agency.  This compliance includes addressing the phosphorus requirements of US Department of Agriculture Natural Resources Conservation Service Practice Standard 590 regarding Nutrient Management.

(c)           Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule shall follow the applicable guidance contained in the most recent version of North Carolina Cooperative Extension Service publications "Water Quality and Professional Lawn Care" (NCCES publication number WQWM-155), "Water Quality and Home Lawn Care" (NCCES publication number WQWM-151), or "Water Quality for Golf Course Superintendents and Professional Turf Managers" (NCCES publication number WQWM-156 Revised) as appropriate for the activity. The above-referenced guidelines are hereby incorporated by reference including any subsequent amendments and editions.  Copies may be obtained from the Division of Water Quality, 512 North Salisbury Street, Raleigh, North Carolina 27604 at no cost.  Nutrient management plans may also follow other guidance distributed by land-grant universities for turfgrass management as long as it is equivalent to or more stringent than the above-listed guidelines.

(d)           Nutrient management plans for ornamental and floriculture production shall follow the Nutrient Management section of the most recent version of the Southern Nursery Association guidelines promulgated in "Best Management Practices – A BMP Guide For Producing Container and Field Grown Plants". Copies may be obtained from the Southern Nursery Association, 1827 Powers Ferry Road SE, Suite 4-100, Atlanta, GA 30339-8422 or from www.sna.org. The materials related to nutrient management plans for ornamental and floriculture production are hereby incorporated by reference including any subsequent amendments and editions.  Copies are available for inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina 27604.  Nutrient management plans for ornamental and floriculture production may also follow other guidance distributed by land-grant universities for such production as long as it is equivalent or more stringent than the above-listed guidelines.

(e)           The nutrient management plan shall be approved in writing by an appropriate technical specialist, as defined in 15A NCAC 06H .0102(9), as follows:

(i)            Nutrient management plans for cropland using either inorganic or organic nutrients, except those using biosolids or septage, shall be approved by a technical specialist designated pursuant to the process and criteria specified in rules adopted by the Soil and Water Conservation Commission for nutrient management planning, including 15A NCAC 06H .0104, excepting Sub-Item (a)(2) of that Rule. 

(ii)           Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule, ornamental and floriculture production shall be approved by a technical specialist designated by the Soil and Water Conservation Commission pursuant to the process and criteria specified in 15A NCAC 06H .0104 excepting Sub-Item (a)(2) of that Rule. If the Soil and Water Conservation Commission does not designate such technical specialists, then the Environmental Management Commission shall do so using the same process and criteria. 

(f)            Persons with approved waste utilization plans that are required under state or federal animal waste regulations are deemed in compliance with this Rule as long as they are compliant with their approved waste utilization plans. 

(g)           Nutrient management plans and supporting documents must be kept on-site or be produced within 24 hours of a request by the Division.

(6)           COMPLIANCE. The following constitute the compliance requirements of this Rule:

(a)           For proposed new application of Class A bulk, and Class B, wastewater residuals pursuant to permits obtained under 15A NCAC 02T .1100 or its predecessor, and septage application pursuant to permits obtained under 15A NCAC 13B .0815 through .0829, all applications for new permits shall be made according to, and subsequent nutrient applications shall comply with, the applicable requirements of this Rule as of its effective date. 

(b)           For existing, ongoing application of residuals and septage as defined in this Item, beginning one year after the effective date of this Rule, all applications for renewal of existing permits shall be made according to, and subsequent nutrient applications shall comply with, the applicable requirements of this Rule. 

(c)           For all other application with the exception of the application of residuals and septage as defined in this Item, the requirements of this Rule shall become effective three years after its effective date and shall apply to all application of nutrients on lands subject to this Rule after that date. 

(d)           Persons who fail to comply with this Rule are subject to enforcement measures authorized in G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief). 

 

History Note:        Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;

Eff. August 11, 2009.