reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0114 - REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS - PART 271

Current through Register Vol. 39, No. 2, July 15, 2024
40 CFR
					 271.17, "Sharing of Information" has been
					 incorporated by reference including subsequent amendments and
					 editions.
Authority
					 G.S.
					 130A-294(c);
Eff. January 1, 1986;
Amended Eff. June 1, 1988; December 1, 1987;
					 August 1, 1987; May 1, 1987;
Transferred and Recodified from
					 10 NCAC
					 10F .0041 Eff. April 4, 1990;
Recodified from
					 15A NCAC
					 13A .0015 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from
					 15A NCAC
					 13A .0014 Eff. December 20, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24, 2017;
Amended Eff. March
					 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0115 - REPEALED - ANNUAL REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294(c);
Eff. January 1, 1984;
Transferred and Recodified from
					 10 NCAC
					 10F .0037 Eff. April 4, 1990;
Recodified from
					 15A NCAC
					 13A .0004 Eff. August 30, 1990;
Repealed Eff. May 1, 1991;
Recodified from
					 15A NCAC
					 13A .0015 Eff. December 20,
					 1996.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0117 - FEE SCHEDULE FOR COMMERCIAL HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A commercial
				  hazardous waste treatment, storage, or disposal facility other than a special
				  purpose facility shall pay monthly, in addition to the fees applicable to all
				  hazardous waste storage, treatment, or disposal facilities as required by
				  G.S.
				  130A-294.1, a charge of forty-one dollars
				  ($41.00) per hour of operation. The fee shall be paid for any time when
				  hazardous waste is managed or during periods of maintenance, repair, testing,
				  or calibration. Each facility shall submit an operational schedule to the
				  Department on a quarterly basis.
(b) A special purpose commercial hazardous
				  waste facility shall pay monthly, in addition to the fees applicable to all
				  hazardous waste treatment, storage or disposal facilities as required by
				  G.S.
				  130A-294.1, a charge per ton of hazardous
				  waste received during the previous month and an additional charge based on the
				  Category as determined in
				  15A NCAC
				  13A .0116. Effective January 1, 2013, a
				  special purpose commercial hazardous waste facility shall pay four dollars and
				  fifty cents ($4.50) per ton of hazardous waste received and:
Category
Monthly Fee
1
$1,332.00
2
$2,664.00
3
$3,996.00
4
$5,328.00
5
$6,660.00
Authority
					 G.S.
					 130A-295.02(h);
Temporary Adoption Eff. February 15, 1991 for a period of 180 days to expire on
					 August 14, 1991;
ARRC Objection Lodged February 25,
					 1991;
ARRC Objection Removed March 21, 1991;
Eff.
					 August 1, 1991;
Recodified from
					 15A NCAC
					 13A .0017 Eff. December 20, 1996;
Amended Eff. April 1, 2011;
Readopted Eff. March 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0118 - STANDARDS FOR THE MANAGEMENT OF USED OIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  279.1 (Subpart A), "Definitions" is
				  incorporated by reference including subsequent amendments and editions, except
				  that the Definition for "Used Oil" is defined by
				  G.S.
				  130A-290(b) and is not
				  incorporated by reference.
(b)
										40 CFR
				  279.10 through
				  279.12 (Subpart B),
				  "Applicability" are incorporated by reference including subsequent amendments
				  and editions.
(c)
										40 CFR
				  279.20 through
				  279.24 (Subpart C), "Standards for
				  Used Oil Generators" are incorporated by reference including subsequent
				  amendments and editions.
(d)
										40 CFR
				  279.30 through
				  279.32 (Subpart D), "Standards for
				  Used Oil Collection Centers and Aggregation Points" are incorporated by
				  reference including subsequent amendments and editions.
(e)
										40 CFR
				  279.40 through
				  279.47 (Subpart E), "Standards for
				  Used Oil Transporter and Transfer Facilities" are incorporated by reference
				  including subsequent amendments and editions.
(f)
										40 CFR
				  279.50 through
				  279.59 (Subpart F), "Standards for
				  Used Oil Processors and Re-Refiners" are incorporated by reference including
				  subsequent amendments and editions.
(g)
										40 CFR
				  279.60 through
				  279.67 (Subpart G), "Standards for
				  Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery" are
				  incorporated by reference including subsequent amendments and
				  editions.
(h)
										40 CFR
				  279.70 through
				  279.75 (Subpart H), "Standards for
				  Used Oil Fuel Marketers" are incorporated by reference including subsequent
				  amendments and editions.
(i)
										40 CFR
				  279.80 through
				  279.81 (Subpart I), "Standards for
				  Use as a Dust Suppressant and Disposal of Used Oil" are incorporated by
				  reference including subsequent amendments and editions.
				  G.S.
				  130A-309.15 provides additional information
				  for prohibited acts regarding used oil, including used oil as a dust
				  suppressant.
Authority
					 G.S.
					 130A-294(b),(c);
Eff. October 1, 1993;
Recodified from
					 15A NCAC
					 13A .0018 Eff. December 20, 1996;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. May 30, 2017
					 (replaced by the rule effective March 1, 2018);
Readopted Eff.
					 March 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0119 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT - PART 273

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  273.1 through
				  273.9 (Subpart A), "General" are
				  incorporated by reference including subsequent amendments and
				  editions.
(b)
										40 CFR
				  273.10 through
				  273.20 (Subpart B), "Standards for
				  Small Quantity Handlers of Universal Waste" are incorporated by reference
				  including subsequent amendments and editions.
(c)
										40 CFR
				  273.30 through
				  273.40 (Subpart C), "Standards for
				  Large Quantity Handlers of Universal Waste" are incorporated by reference
				  including subsequent amendments and editions.
(d)
										40 CFR
				  273.50 through
				  273.56 (Subpart D), "Standards for
				  Universal Waste Transporters" are incorporated by reference including
				  subsequent amendments and editions.
(e)
										40 CFR
				  273.60 through
				  273.62 (Subpart E), "Standards for
				  Destination Facilities" are incorporated by reference including subsequent
				  amendments and editions.
(f)
										40 CFR
				  273.70 (Subpart F), "Import Requirements" is
				  incorporated by reference including subsequent amendments and
				  editions.
(g)
										40 CFR
				  273.80 through
				  273.81 (Subpart G), "Petitions to
				  Include Other Wastes Under 40 CFR Part 273" are incorporated by reference
				  including subsequent amendments and editions, except that
				  40 CFR
				  273.80(a) and (b), are not
				  incorporated by reference.
(1) The following
				  shall be substituted for the provisions of
				  40 CFR
				  273.80(a) that are not
				  incorporated by reference:
Any person seeking to add a hazardous waste or a category
					 of hazardous waste to this Part may petition for a regulatory amendment under
					 this Subpart,
					 15A NCAC
					 02I .0501 and
					 40 CFR
					 260.23.
(2) The following shall be substituted for
				  the provisions of 40 CFR
				  273.80(b) that are not
				  incorporated by reference:
To be successful, the petitioner shall demonstrate to the
					 satisfaction of the Administrator that regulation under the universal waste
					 regulations of 40 CFR Part 273 is:
(A)
				  appropriate for the waste or category of waste, will improve management
				  practices for the waste or category of waste, and will improve implementation
				  of the hazardous waste program;
(B)
				  the petition shall include the information required by
				  15A NCAC
				  02I .0501; and
(C) the petition shall also address as many
				  of the factors listed in 40
				  CFR 273.81 as are appropriate for the waste
				  or waste category addressed in the petition.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0102 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The management
				  of solid waste is subject to Chapter 130A Article 1, Part 2, and Article 9 of
				  the General Statutes, as well as the rules of this Subchapter.
(b) The rules of this Subchapter shall not
				  apply to the management of hazardous waste, with the exception of Rule .0103(h)
				  of this Section.
				  15A NCAC
				  13A contains requirements for hazardous waste
				  management.
(c) The rules of this
				  Section are applicable to the general management of solid waste by all persons
				  in the State unless exempted by Article 9 of Chapter 130A of the General
				  Statutes or the rules of this Subchapter.
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Amended Eff. February 1, 1991; October 1, 1984;
Readopted Eff. January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0104 - SOLID WASTE STORAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or
				  occupant of any property, unless exempted from the rules of this Subchapter in
				  accordance with
				  G.S.
				  130A-294(b), shall be
				  responsible for the sanitary storage of all solid waste accumulated on the
				  property.
(b) Unless another type
				  of container is required by the unit of local government, garbage shall be
				  stored in durable, rust-resistant, nonabsorbent, watertight, rodent proof, and
				  cleanable containers with a close-fitting cover that is impervious to
				  flies.
(c) Refuse shall be stored
				  in durable containers that are consistent with the requirements of the unit of
				  local government.
(d) All solid
				  waste shall be stored using safe and sanitary practices for the preservation of
				  the public health and welfare and the environment that prevents the generation
				  of leachate, the attraction of vectors, the release of odors, and the release
				  of waste or leachate to the environment.
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Amended Eff. February 1, 1988;
Readopted Eff
					 January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0105 - COLLECTION AND TRANSPORTATION OF SOLID WASTE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The solid
				  waste collector shall be responsible for the collection and transportation of
				  all solid waste to a solid waste management facility that is permitted by the
				  Division.
(b) The solid waste
				  collector shall transport to a solid waste disposal site or solid waste
				  management facility only those solid wastes that are allowed by the site or
				  facility permit.
(c) Vehicles or
				  containers used for the collection of solid waste, and transportation by
				  whatever means, including highway, rail, and navigable waterway, shall be
				  constructed, operated, and maintained to be leak resistant in order to prevent
				  the creation of a nuisance to public health from the escape of solid,
				  semi-solid, or liquid waste. In order to meet the requirement to be leak
				  resistant, the owner or operator of the vehicle or container shall adhere to
				  the following standards:
(1) All surfaces that
				  come in contact with waste shall be smooth and non-absorbent.
(2) All drain holes and valves shall be
				  closed, plugged, or sealed.
(3) The
				  vehicle or container shall be equipped with seals, gaskets, or other devices
				  pursuant to manufacturer specifications in order to prevent the escape of
				  liquids. Such seals, gaskets, and other devices shall be maintained and
				  replaced pursuant to manufacturer specifications.
(4) The vehicle or container body, waste
				  holding area, and hopper, if so equipped, shall be free of holes, cracks,
				  rusting, corrosion, or other evidence of damage or weakness that may allow the
				  escape of solid, semi-solid, or liquid waste.
(5) The waste holding area, including the
				  hopper and around the packer blade, if so equipped, shall be clear of debris to
				  prevent vectors or the accumulation of litter.
(6) The vehicle or container shall be loaded,
				  transported, operated, and maintained to prevent the escape of solid,
				  semi-solid, or liquid waste to the environment.
(7) The vehicle or container shall be
				  serviced, repaired, and cleaned to preserve the integrity of the door seal, to
				  prevent the accumulation of mechanical fluids, dirt, leachate, and waste
				  particulates on the vehicle's exterior, and to prevent contamination of the
				  environment by fluids.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0106 - GENERATOR OF SOLID WASTE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  exempted from the rules of this Subchapter in accordance with
				  G.S.
				  130A-294(b), a solid waste
				  generator shall be responsible for storing, collecting, and disposing of solid
				  waste in accordance with the rules of this Subchapter.
(b) Unless exempted from the rules of this
				  Subchapter in accordance with
				  G.S.
				  130A-294(b), the solid waste
				  generator shall ensure that his or her waste is disposed of at a solid waste
				  disposal site or solid waste management facility that is permitted by the
				  Division to receive such waste in accordance with the rules of this
				  Subchapter.
Authority
					 G.S.
					 130A-294;
Eff. January 1,
					 1985;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0107 - REPEALED - TREATMENT OF INFECTIOUS WASTES PRIOR TO DISPOSAL

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Amendment Eff. November 1, 1987, For a Period of 180 Days to Expire on April
					 28, 1988;
Statutory Authority
					 G.S.
					 130A-294;
Eff. July 1,
					 1985;
Amended Eff. February 1, 1988;
Repealed Eff.
					 September 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0108 - REPEALED - OUT OF STATE WASTE IN SANITARY LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Temporary Rule Eff.
					 October 1, 1987, For a Period of 180 Days to Expire on March 29,
					 1988;
Eff. February 1, 1988;
Repealed Eff. July 1,
					 2013.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0201 - PERMIT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person shall
				  treat, process, store, or dispose of solid waste or arrange for the treatment,
				  processing, storage, or disposal of solid waste except at a solid waste
				  management facility permitted by the Division for such activity, except as
				  provided in
				  G.S.
				  130A-294(b).
(b) No person shall cause, suffer, allow, or
				  permit the treatment, storage, processing, or disposal of solid waste upon any
				  real or personal property owned, operated, leased, or in any way controlled by
				  that person without obtaining a permit for a solid waste management facility
				  from the Division authorizing such activity, except as provided in
				  G.S.
				  130A-294(b).
(c) No solid waste management facility shall
				  be established, operated, maintained, constructed, expanded, or modified
				  without a valid permit issued by the Division for the specified type of
				  activity. It is the responsibility of every owner or operator of a proposed
				  solid waste management facility to apply for a permit for the facility. The
				  term "owner" shall include record owners of the land where the facility is
				  located or proposed to be located and holders of any leasehold interest,
				  however denominated, in any part of the land or structures where the facility
				  is located or proposed to be located.
(d) The solid waste management facility
				  permit, except for permits authorizing LCIDLFs, septage management facilities,
				  or compost facilities, shall have two parts, as follows:
(1) A permit approval to construct a solid
				  waste management facility or portion of a facility shall be issued by the
				  Division after site and construction plans have been approved by the Division
				  and it has been determined that the facility can be operated in accordance with
				  Article 9 of Chapter 130A and the applicable rules set forth in this
				  Subchapter, and other applicable State, federal, and local laws. An applicant
				  shall not clear or grade land or commence construction for a solid waste
				  management facility or a portion thereof until a permit approval to construct
				  has been issued.
(2) A permit
				  approval to operate a solid waste management facility shall not be issued
				  unless it has been determined that the facility has been constructed in
				  accordance with the construction plans, that any pre-operation conditions of
				  the permit to construct have been met, and that the permit has been recorded,
				  if applicable, in accordance with
				  G.S.
				  130A-301.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0202 - PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for permits required by Rule .0201 of this Section shall be submitted to the
				  Department of Environmental Quality, Division of Waste Management, Solid Waste
				  Section, 1646 Mail Service Center, Raleigh, North Carolina 27699-1646. Permit
				  applications shall contain the following information:
(1) site and construction plans;
(2) an approval letter from the unit of local
				  government having zoning authority over the area where the facility is to be
				  located stating that the proposed facility meets all of the requirements of the
				  local zoning ordinance, or that the site is not zoned;
(3) plans and specifications for solid waste
				  management facilities shall be prepared and certified by a licensed
				  professional engineer if required by G.S. 89C, and is not under the purview of
				  another licensed professional such as a licensed professional land surveyor.
				  Geological studies shall be certified by a licensed geologist, if required by
				  G.S. 89E, and is not under the purview of another licensed profession such as a
				  licensed soil scientist in accordance with G.S. 89F;
(4) any additional permit application
				  information required to be submitted by the rules of this Subchapter based on
				  the type of facility proposed by the applicant; and
(5) other information that the Division may
				  request in writing for the proposed facility, if it is necessary to determine
				  compliance with the requirements of this Subchapter.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0203 - PERMIT APPROVAL OR DENIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt
				  of a permit application, the Division shall review the request to assure that
				  all provisions of the rules of this Subchapter, Article 9 of Chapter 130A of
				  the General Statutes, and the Federal Resource Conservation and Recovery Act of
				  1976, Public Law
				  94-580, as amended, will be met. The Division
				  shall review permit applications in accordance with the timelines established
				  in G.S.
				  130A-295.8(e). Based on its
				  review, the Division shall either approve or deny the request in
				  writing.
(b) When an application is
				  approved, the applicant shall be provided a permit. If the approval is
				  contingent upon certain conditions being met by the applicant, such as a final
				  construction inspection or obtaining a local government franchise approval,
				  such conditions shall be noted on the permit.
(c) Before receiving solid waste at a newly
				  permitted facility, an inspection shall be made by a representative of the
				  Division to assure that the site is prepared in accordance with the permit, and
				  the permit shall be recorded in accordance with
				  G.S.
				  130A-301.
(d) By receiving solid waste at a permitted
				  facility, the permittee shall be considered by the Department to have accepted
				  the conditions of the permit and shall comply with the conditions of the
				  permit.
(e) When the Division
				  denies a permit for a solid waste management facility, it shall state in
				  writing the reason for such denial and shall also state its estimate of the
				  changes in the applicant's proposed activities or plans that will be required
				  for the applicant to obtain a permit. A denial shall be without prejudice to
				  the submission of a future application for a permit after revisions are made to
				  meet objections specified as reasons for denial. The Division shall deny a
				  permit as set forth in
				  G.S.
				  130A-294(a)(4)c, or for the
				  following reasons:
(1) submission of
				  incomplete information;
(2) failure
				  to meet the requirements of this Subchapter;
(3) failure to meet a requirement or standard
				  set forth in Article 9 of Chapter 130A of the General Statutes; or
(4) siting, design, construction, or
				  operation plans that would prevent the solid waste management facility or site
				  from being operated in accordance with Article 9 of Chapter 130A of the General
				  Statutes, the rules of this Subchapter, the Federal Resource Conservation and
				  Recovery Act of 1976, Public Law 94-580, as amended,
				  or any applicable standards and requirements of G.S. 89C, 89E, or
				  89F.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0204 - REPEALED - RECORDATION OF LAND DISPOSAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0205 - REPEALED - VARIANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Repealed Eff. July 1, 1990 in accordance with
					 G.S.
					 150B-59(c).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0206 - REPEALED - OPTION TO APPLY FOR ISSUANCE OF 10-YEAR PERMIT FOR SANITARY LANDFILL OR TRANSFER STATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294; S.L. 2012-187, s.15.1; S.L.
					 2015-286, s. 4.9;
Eff. July 1, 2013;
Repealed Eff.
					 September 1, 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0207 - LIFE-OF-SITE PERMIT ISSUED FOR A SANITARY LANDFILL OR TRANSFER STATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A transfer station permit issued in
				  accordance with Section .0400 of this Subchapter, or a sanitary landfill permit
				  issued in accordance with Section .0500 of this Subchapter for industrial solid
				  waste landfill facilities or construction and demolition landfill facilities or
				  Section .1600 of this Subchapter for municipal solid waste landfill facilities
				  shall be for the life-of-site as defined in
				  G.S.
				  130A-294(a2).
(b) A permit application for a sanitary
				  landfill for the life-of-site shall state the duration of the life-of-site in
				  the site development or facility plan prepared in accordance with Section .0500
				  or .1600 of this Subchapter; and shall show the phases or progression of
				  operation in periods of no less than five years and no greater than the
				  life-of-site.
(c) A sanitary
				  landfill that has an existing permit issued by the Division prior to July 1,
				  2016 shall be approved for a permit for the life-of-site within 90 days of
				  submittal of the following updated permit information:
(1) a specification of the duration of the
				  life-of-site stated in the site development or facility plan;
(2) landfill capacity in years, projected for
				  the life-of-site;
(3) average
				  monthly disposal rates and estimated variances; and
(4) a copy of the local government franchise
				  agreement or approving resolution for the life-of-site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .0208 - PERMIT EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A collection
				  center shall not be required to obtain a permit from the Division for the
				  construction or operation of these facilities if the facility operations comply
				  with Article 9 of Chapter 130A of the General Statutes, the rules of this
				  Subchapter, and the following conditions:
(1)
				  Collection centers shall not receive solid waste generated from non-residential
				  activities or by commercial waste collection services. Facilities that receive
				  such waste shall comply with the requirements for transfer stations in
				  accordance with Section .0400 of this Subchapter.
(2) Solid waste received at collection
				  centers shall be stored in accordance with Rule .0104 of this Subchapter.
				  Garbage shall not be stored at the collection center for more than seven days
				  between the time of collection and the time of disposal at a solid waste
				  management facility permitted in accordance with the rules of this Subchapter
				  to accept such waste. Refuse shall not be stored at the collection center more
				  than 90 days between the time of collection and the time of removal to a solid
				  waste management facility permitted in accordance with the rules of this
				  Subchapter to accept such waste.
(3) Source-separated recyclables such as
				  paper, plastic, and electronics that would be collected by a local curbside
				  recycling collection program but are instead being collected at the collection
				  center for the purpose of recycling are not subject to the requirements of
				  Subparagraph (1) of this Paragraph, and shall be managed in accordance with
				  G.S.
				  130A-309.05(c).
(4) The following items shall not be accepted
				  at collection centers for the purposes of disposal:
(A) construction, demolition, or industrial
				  wastes from commercial or industrial sources;
(B) burning or smoldering waste;
(C) asbestos-containing materials, unless it
				  is generated by an individual property owner and is packaged and handled to
				  prevent the material from being friable;
(D) radioactive waste;
(E) hazardous waste;
(F) regulated medical waste;
(G) animal carcasses;
(H) liquid waste, unless it is in containers
				  similar in size to containers found in household waste; and
(I) items banned from landfill disposal
				  pursuant to
				  G.S.
				  130A-309.10.
(5) Owners and operators of collection
				  centers shall allow the Division to enter the collection center property to
				  inspect any facilities, equipment, practices, or operations to determine
				  compliance with Article 9 of Chapter 130A of the General Statutes or the rules
				  of this Subchapter.
This Rule does not exempt collection centers and their
					 operations from any other applicable local, State, or federal permitting and
					 operational requirements, if such requirements exist.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0300 - TREATMENT AND PROCESSING FACILITIES › Section 13B .0301 - SITING AND APPLICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  treatment and processing facility (site) shall meet the following siting
				  requirements:
(1) Floodplain Restrictions:
				  Any portions of the site property where storage or processing of solid waste
				  occurs shall not be located in the 100-year floodplain.
(2) Cultural Resources Restrictions: A site
				  shall not damage or destroy a property of archaeological or historical
				  significance that has been listed on the National Register of Historic Places
				  or included on the Study List for the Register pursuant to
				  07 NCAC
				  04R .0206 and
				  04R .0300, which are incorporated
				  by reference including subsequent amendments.
(3) State Nature and Historic Preserve
				  Restrictions: The location, access, size, and operation of the site shall not
				  have an adverse impact on any component included in the State Nature and
				  Historic Preserve pursuant to
				  G.S.
				  143-260.10.
(4) Endangered and Threatened Species
				  Restrictions: A site 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,
				  Public Law
				  93-205, as amended.
(5) Clean Water Act Requirements: A site or
				  site operations shall:
(A) not cause a
				  discharge of pollutants into waters of the United States, including wetlands,
				  that violates any requirements of the Clean Water Act, including the National
				  Pollutant Discharge Elimination System (NPDES) requirements pursuant to Section
				  402 of the Clean Water Act;
(B)
				  comply with Section 404 of the Clean Water Act; and
(C) not cause the discharge of a nonpoint
				  source of pollution to waters of the United States, including wetlands, that
				  violates any requirement of an area-wide or Statewide water quality management
				  plan that has been approved under Section 208 or 319 of the Clean Water
				  Act.
(6) Buffer
				  Requirements: Unless otherwise stated in the site permit or local zoning
				  requires larger buffers, the waste handling, treatment, processing, and storage
				  areas shall be:
(A) no less than 100 feet
				  from supply wells;
(B) no less than
				  100 feet from property lines;
(C)
				  no less than 50 feet from waters of the State as defined in
				  G.S.
				  143-212, or wetlands as defined in
				  40 CFR
				  232.2; and
(D) surrounded by an unused and cleared area
				  of no less than 25 feet to allow access for fire or emergency response
				  vehicles.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0300 - TREATMENT AND PROCESSING FACILITIES › Section 13B .0302 - OPERATIONAL AND CLOSURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The owner or operator of a treatment and processing facility (site) shall
				  maintain and operate the site in accordance with the permit conditions and the
				  plans incorporated into the permit in accordance with Rule .0301(f) of this
				  Section, and the following requirements:
(1) a
				  site shall only accept wastes that it is permitted to receive;
(2) leachate shall be contained on-site or
				  treated prior to discharge from the site. A National Pollutant Discharge
				  Elimination System (NPDES) permit may be required by the Department's Division
				  of Water Resources prior to discharge to surface waters;
(3) equipment for fire control shall be
				  available;
(4) vector control
				  measures shall be applied to control flies, rodents, and other insects or
				  vermin;
(5) the owner or operator
				  shall provide equipment to operate and maintain the site using safe and
				  sanitary practices for the preservation of the public health and welfare and
				  the environment by preventing the generation of leachate, the attraction of
				  vectors, the release of odors, and the release of waste or leachate to the
				  environment;
(6) barrier methods
				  such as fencing or diking shall be provided to confine material subject to be
				  blown by the wind within the site. At the conclusion of each day of operation,
				  all windblown material resulting from the operation shall be collected and
				  disposed of or containerized by the owner or operator;
(7) sites that are permitted by the Division
				  to accept scrap tires shall also comply with Section .1100 of this
				  Subchapter;
(8) sites that are
				  permitted by the Division to accept medical waste shall also comply with
				  Section .1200 of this Subchapter;
(9) sites shall comply with
				  15A NCAC
				  02D, 02L, and the surface water quality
				  standards in
				  15A NCAC
				  02B, as well as
				  15A NCAC
				  04;
(10) the owner or operator shall submit to
				  the Division upon request any information or records required to be kept under
				  the conditions of the permit or the rules of this Section; and
(11) the owner or operator shall only conduct
				  the solid waste management activities that the site is permitted to
				  conduct.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0400 - TRANSFER STATIONS › Section 13B .0401 - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Owners or operators of transfer stations shall comply with applicable federal,
				  State, and local laws, rules, regulations, and ordinances, and shall comply
				  with the rules of this Section as follows:
(1)
				  Transfer stations that did not receive a permit to operate from the Division
				  prior to the readopted effective date of this Rule shall comply with the rules
				  of this Section.
(2) Transfer
				  stations that received a permit to operate from the Division prior to the
				  readopted effective date of this Rule shall comply with the rules of this
				  Section with the following exceptions:
(A)
				  buildings, structures, and waste handling areas constructed prior to the
				  readopted effective date of this Rule shall not be required to comply with Rule
				  .0403(a), (b)(1), or (b)(2) of this Section for the permitted operational
				  boundary of the transfer station existing on the readopted effective date of
				  this Rule, or any replacements or modifications within that existing permitted
				  operational boundary; and
(B) if a
				  building, structure, or waste handling area was constructed prior to the
				  readopted effective date of this Rule, and is expanded beyond the existing
				  permitted operational boundary of the transfer station after the readopted
				  effective date of this Rule, the permitted operational boundary that was
				  existing on the readopted effective date of this Rule shall not be required to
				  comply with Rule .0403(a), (b)(1), or (b)(2) of this Section, but the expansion
				  areas shall comply with these requirements.
Transfer station buildings, structures, and waste handling
					 areas that are exempt from the requirements of Rule .0403(a), (b)(1), and
					 (b)(2) of this Section by this Subparagraph shall continue to comply with the
					 comparable siting, buffer, and construction requirements stated in their permit
					 issued prior to the readopted effective date of this Rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0400 - TRANSFER STATIONS › Section 13B .0403 - SITING AND DESIGN REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  transfer station (site) shall meet the following siting requirements:
(1) Floodplain Restrictions: The portions of
				  the site containing the buildings, leachate collection systems, and any areas
				  where storage or processing of solid waste occurs shall not be located in the
				  100-year floodplain.
(2) Cultural
				  Resources Restrictions: A site shall not damage or destroy a property of
				  archaeological or historical significance that has been listed on the National
				  Register of Historic Places or included on the Study List for the Register
				  pursuant to
				  07 NCAC
				  04R .0206 and
				  04R .0300.
(3) State Nature and Historic Preserve
				  Restrictions: The location, access, size, and operation of the site shall not
				  have an adverse impact on any component included in the State Nature and
				  Historic Preserve pursuant to
				  G.S.
				  143-260.10.
(4) Endangered and Threatened Species
				  Restrictions: A site 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,
				  Public Law
				  93-205, as amended.
(5) Clean Water Act Requirements: A site or
				  site operations shall:
(A) not cause a
				  discharge of pollutants into waters of the United States, including wetlands,
				  that violates any requirements of the Clean Water Act, including the National
				  Pollutant Discharge Elimination System (NPDES) requirements pursuant to Section
				  402 of the Clean Water Act;
(B)
				  comply with Section 404 of the Clean Water Act; and
(C) not cause the discharge of a nonpoint
				  source of pollution to waters of the United States, including wetlands, that
				  violates any requirement of an area-wide or Statewide water quality management
				  plan that has been approved under Section 208 or 319 of the Clean Water
				  Act.
(6) Buffer
				  Requirements: Unless otherwise stated in the site permit or local zoning
				  requires larger buffers, the waste loading, unloading, and storage areas at the
				  site shall be:
(A) no less than 100 feet from
				  supply wells;
(B) no less than 100
				  feet from property lines;
(C) no
				  less than 50 feet from waters of the State as defined in
				  G.S.
				  143-212, or wetlands as defined in
				  40 CFR
				  232.2; and
(D) surrounded by an unused and cleared area
				  of no less than 25 feet to allow access for fire or emergency response
				  vehicles.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0400 - TRANSFER STATIONS › Section 13B .0404 - APPLICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applications for transfer station permits submitted in accordance with
				  Paragraph (c) of this Rule shall be submitted to the Division of Waste
				  Management Solid Waste Section for review and approval prior to commencement of
				  construction or operation of a transfer station (site).
(b) Permit applications for transfer stations
				  shall be subject to the permit application fees required by
				  G.S.
				  130A-295.8.
(c) In accordance with Rule .0201 of this
				  Subchapter, a permit for a transfer station shall have two parts:
(1) Permit Approval to Construct. An
				  application for a permit approval to construct a transfer station shall meet
				  the requirements of Paragraphs (g) through (m) of this Rule and shall be
				  submitted to the Division prior to commencing construction of the site. A
				  permit applicant shall submit to the Division one electronic copy of a permit
				  application, which shall contain the plans required in Paragraphs (g) through
				  (j) of this Rule.
(2) Permit
				  Approval to Operate. The owner or operator shall meet the pre-operative
				  requirements listed in the permit approval to construct to qualify for a permit
				  approval to operate. Construction documentation as outlined in Paragraph (n) of
				  this Rule shall be submitted to the Division prior to receiving waste at the
				  site. The site shall not begin receiving waste until a permit approval to
				  operate has been issued by the Division.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0400 - TRANSFER STATIONS › Section 13B .0406 - CLOSURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or
				  operator of a transfer station (site) shall schedule and document closure of
				  the site in accordance with the following criteria:
(1) The owner or operator shall submit
				  written notification of closure to the Division no less than 90 days prior to
				  the proposed date of cessation of waste acceptance at the site.
(2) The owner or operator shall begin closure
				  activities in Paragraph (b) of this Rule no later than 30 days after the date
				  of the final receipt of waste at the site.
(3) The owner or operator shall complete
				  closure activities in Paragraph (b) of this Rule within 180 days after
				  beginning the closure activities as specified in Subparagraph (2) of this
				  Paragraph.
(4) When the
				  requirements of Paragraph (b) have been met, the owner or operator shall notify
				  the Division in writing that the requirements have been met. The notification
				  shall state how the requirements were met and shall be placed in the operating
				  record.
(5) A final inspection for
				  closure shall be conducted by the Division to verify that the conditions of
				  closure in this Rule have been met.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Amended Eff. August 1, 2008; October 9, 1993; January 4,
					 1993; December 1, 1990; September 1, 1990; August 1, 1988; February 1,
					 1988;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0503 - SITING AND DESIGN REQUIREMENTS FOR INDUSTRIAL SOLID WASTE LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An industrial solid waste landfill
				  (ISWLF) unit (site) shall comply with the following siting requirements for a
				  permit to be issued:
(1) Floodplain
				  Restrictions: A site shall not be located in the 100-year floodplain in
				  accordance with
				  G.S.
				  143-215.54(c) and S.L.
				  2000-150.
(2) Cultural Resources
				  Restrictions: A site shall not damage or destroy a property of archaeological
				  or historical significance that has been listed on the National Register of
				  Historic Places or included on the Study List for the Register pursuant to
				  07 NCAC
				  04R .0206 and
				  04R .0300.
(3) State Nature and Historic Preserve
				  Restrictions: A site shall not have an adverse impact on any component included
				  in the State Nature and Historic Preserve pursuant to
				  G.S.
				  143-260.10.
(4) Endangered and Threatened Species
				  Restrictions: A site 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,
				  Public Law
				  93-205, as amended.
(5) A site disposing of putrescible wastes
				  shall not be located within 10,000 feet of an airport runway used by turbojet
				  aircraft or within 5,000 feet of an airport runway used by piston-type
				  aircraft; and
(6) A site shall have
				  available soils for cover either on-site or from off-site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0504 - APPLICATION REQUIREMENTS FOR INDUSTRIAL SOLID WASTE LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permit applicant for an industrial
				  solid waste landfill (ISWLF) unit (site) permit shall prepare a site study in
				  accordance with Paragraph (c) of this Rule, and submit the site study to the
				  Division. The Division shall review the site study for a proposed new site
				  prior to consideration of an application for a permit. Following review of the
				  site study, the Division shall notify the applicant in writing that either:
(1) the site is deemed suitable for
				  establishing an ISWLF unit and the applicant may prepare an application for a
				  permit in accordance with Paragraph (b) of this Rule, as well as any
				  site-specific conditions and design requirements stated in the notification;
				  or
(2) the site is deemed
				  unsuitable for establishing an ISWLF unit and the reasons that prevent the
				  ISWLF unit from being operated in accordance with Article 9 of Chapter 130A of
				  the General Statutes, the rules of this Subchapter, and any applicable federal
				  laws and regulations.