North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .1600 - REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES (MSWLFS) › Section 13B .1622 - LOCATION RESTRICTIONS FOR MSWLF FACILITY SITING

Current through Register Vol. 39, No. 2, July 15, 2024
MSWLF units shall comply with the siting criteria set forth
					 in this Rule. Documentation of approval by agencies other than the Division of
					 Waste Management may be required to demonstrate compliance with specific
					 criteria. The scope of demonstrations including design and construction
					 performance shall be discussed in a site study and completed in the permit
					 application.
(1) An MSWLF unit shall
				  comply with 40 CFR
				  258.10.
(2) Floodplains. An MSWLF unit shall meet the
				  floodplain requirements of
				  G.S.
				  130A-295.6(c)(1) in
				  accordance with the effective date and applicability requirements of S.L.
				  2007-550, s. 9.(b). MSWLF units that are not subject to the requirements of
				  G.S.
				  130A-295.6(c)(1) shall not
				  be located in 100-year floodplains unless the owners or operators demonstrate
				  that the unit will not restrict the flow of the 100-year flood, reduce the
				  temporary water storage capacity of the floodplain, or result in the carrying
				  away of solid waste by flood waters.
(3) Wetlands. For purposes of this Rule,
				  "wetland" or "wetlands" mean those areas that are defined in
				  40 CFR
				  232.2(r). MSWLF units shall
				  meet the requirements of
				  G.S.
				  130A-295.6(c)(2) in
				  accordance with the effective date and applicability requirements of S.L.
				  2007-550, s. 9.(b). MSWLF units that are not subject to
				  G.S.
				  130A-295.6(c)(2) shall not
				  be located in wetlands, unless the owner or operator demonstrates the following
				  for Division approval.
(a) Where applicable
				  under Section 404 of the Clean Water Act or G.S. 113A, 130A, or 143, the
				  presumption that a practicable alternative to the proposed landfill facility is
				  available which does not involve wetlands is rebutted.
(b) The construction and operation of the
				  MSWLF unit shall not cause or contribute to violations of any applicable State
				  water quality standard, or violate any applicable toxic effluent standard or
				  prohibition under Section 307 of the Clean Water Act.
(c) The construction and operation of the
				  MSWLF unit shall not jeopardize the continued existence of endangered or
				  threatened species or result in the destruction or adverse modification of a
				  critical habitat, protected under the Federal Endangered Species Act of 1973,
				  or violate any requirement under the Marine Protection, Research, and
				  Sanctuaries Act of 1972 for the protection of a marine sanctuary.
(d) The construction and operation of the
				  MSWLF unit shall not cause or contribute to degradation of wetlands.
(e) The owner or operator shall demonstrate
				  the integrity of the MSWLF unit and its ability to protect ecological resources
				  by addressing the following factors:
(i)
				  erosion, stability, and migration potential of native wetland soils, muds, and
				  deposits used to support the MSWLF unit;
(ii) erosion, stability, and migration
				  potential of dredged and fill materials used to support the MSWLF
				  unit;
(iii) the volume and chemical
				  nature of the waste managed in the MSWLF unit;
(iv) impacts on fish, wildlife, and other
				  aquatic resources and their habitat from release of the solid waste;
(v) the potential effects of release of waste
				  to the wetland and the resulting impacts on the environment; and
(vi) any additional factors to demonstrate
				  that ecological resources in the wetland are protected to the extent required
				  under Section 404 of the Clean Water Act and G.S. 113A, 130A, and 143.
(f) The owner or
				  operator shall demonstrate that steps have been taken to attempt to achieve no
				  net loss of wetlands, as defined by acreage and function, by avoiding impacts
				  to wetlands as required by Subitems (a) through (d) of this Item, and
				  offsetting remaining unavoidable wetland impacts through compensatory
				  mitigation actions such as restoration of existing degraded wetlands or
				  creation of man-made wetlands.
(g)
				  The Division may request additional information if it is necessary to determine
				  compliance with this Item.