North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0109 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES - PART 264

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  who treats, stores, or disposes of hazardous waste shall comply with the
				  requirements set forth in this Section. The treatment, storage, or disposal of
				  hazardous waste is prohibited except as provided in this Section.
(b)
										40 CFR
				  264.1 through
				  264.4 (Subpart A), "General" are
				  incorporated by reference including subsequent amendments and
				  editions.
(c)
										40 CFR
				  264.10 through
				  264.19 (Subpart B), "General
				  Facility Standards" are incorporated by reference including subsequent
				  amendments and editions.
(d)
										40 CFR
				  264.30 through
				  264.37 (Subpart C), "Preparedness
				  and Prevention" are incorporated by reference including subsequent amendments
				  and editions.
(e)
										40 CFR
				  264.50 through
				  264.56 (Subpart D), "Contingency
				  Plan and Emergency Procedures" are incorporated by reference including
				  subsequent amendments and editions.
(f)
										40 CFR
				  264.70 through
				  264.77 (Subpart E), "Manifest
				  System, Recordkeeping, and Reporting" are incorporated by reference including
				  subsequent amendments and editions.
(g)
										40 CFR
				  264.90 through
				  264.101 (Subpart F), "Releases
				  From Solid Waste Management Units" are incorporated by reference including
				  subsequent amendments and editions. For the purpose of this incorporation by
				  reference, "January 26, 1983" shall be substituted for "July 26, 1982"
				  contained in 40 CFR
				  264.90(a)(2).
(h)
										40 CFR
				  264.110 through
				  264.120 (Subpart G), "Closure and
				  Post-Closure" are incorporated by reference including subsequent amendments and
				  editions.
(i)
										40 CFR
				  264.140 through
				  264.151 (Subpart H), "Financial
				  Requirements" are incorporated by reference including subsequent amendments and
				  editions, except that 40 CFR
				  264.143(a)(3), (a)(4), (a)(5),
				  (a)(6),
				  40 CFR 264.145(a)(3), (a)(4),
				  (a)(5), (a)(6), and Section 15 of
				  40 CFR
				  264.151(a)(1) are not
				  incorporated by reference.
(1) The following
				  shall be substituted for the provisions of
				  40 CFR
				  264.143(a)(3) that are not
				  incorporated by reference:
The owner or operator shall deposit the full amount of the
					 closure cost estimate at the time the fund is established.
(2) The following shall be substituted for
				  the provisions of 40 CFR
				  264.143(a)(6) and
				  264.145(a)(6)
				  that are not incorporated by reference:
After the trust fund is established, whenever the current
					 closure cost estimate changes, the owner or operator shall compare the new
					 estimate with the trustee's most recent annual valuation of the trust fund. If
					 the value of the fund is less than the amount of the new estimate, the owner or
					 operator within 60 days after the change in the cost estimate, shall either
					 deposit an amount into the fund so that its value after this deposit at least
					 equals the amount of the current closure cost estimate, or obtain other
					 financial assurance as specified in this section to cover the
					 difference.
(3) The
				  following shall be substituted for the provisions of
				  40 CFR
				  264.145(a)(3) that are not
				  incorporated by reference:
(A) Except as
				  otherwise provided in Part (i)(3)(B) of this Rule, the owner or operator shall
				  deposit the full amount of the post-closure cost estimate at the time the fund
				  is established.
(B) If the
				  Department finds that the owner or operator of an inactive hazardous waste
				  disposal unit is unable to provide financial assurance for post-closure through
				  any other option (e.g. surety bond, letter of credit, or corporate guarantee),
				  a plan for annual payments to the trust fund over the term of the RCRA
				  post-closure permit shall be established by the Department as a permit
				  condition.
(4) The
				  following shall be substituted for Section 15 of
				  40 CFR
				  264.151(a)(1) that is not
				  incorporated by reference:
Section 15. Notice of Payment. The trustee shall notify the
					 Department of payment to the trust fund, by certified mail within 10 days
					 following said payment to the trust fund. The notice shall contain the name of
					 the Grantor, the date of payment, the amount of payment, and the current value
					 of the trust fund.
(5)
				  Concerning financial assurance for corrective action, the owner or operator
				  shall choose from the financial instrument options provided in
				  40 CFR
				  264.145 Subpart H, or any combination of the
				  financial instruments allowed by the Section to satisfy corrective action
				  financial assurance requirements of
				  40 CFR
				  264.100 and
				  264.101. The wording of the
				  financial assurance instrument or instruments shall be consistent with the
				  wording provided in 40 CFR
				  264.151. The wording of the instrument used
				  shall be modified to include the term "corrective action," as
				  applicable.