North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0100 - GENERAL PROVISIONS › Section 13B .0103 - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All solid waste
				  shall be stored, collected, transported, separated, processed, recycled,
				  recovered, and disposed of in a manner consistent with the requirements of the
				  rules of this Subchapter. The Division is responsible for the enforcement of
				  the rules of this Subchapter.
(b)
				  No solid waste containing radioactive material as defined in
				  G.S.
				  104E-5 shall be collected and transported,
				  stored, treated, processed, disposed of, or reclaimed, except as authorized by
				  a radioactive material license issued by the Department of Health and Human
				  Services, Division of Health Service Regulation, Radiation Protection
				  Section.
(c) Solid waste shall be
				  disposed of in accordance with Article 9 of Chapter 130A of the General
				  Statutes and the rules of this Subchapter. The disposal of solid waste shall be
				  in accordance with the hierarchy of methods of managing solid waste in
				  G.S.
				  130A-309.04(a)(1) through
				  (6).
(d) In addition to the requirements of
				  G.S.
				  130A-309.10, hazardous waste, liquid waste as
				  defined in Rule .0532 of this Subchapter, and regulated medical waste are
				  prohibited from disposal at a solid waste disposal site. The Division may
				  prohibit a waste stream of a particular type or from a particular source from
				  being accepted at solid waste management facilities or disposed of at a solid
				  waste disposal site if the Division determines that the waste stream contains
				  an emerging contaminant or pathogen that may pose a risk to the environment or
				  public health through the management or disposal of such waste at a particular
				  solid waste management facility. If the Division prohibits such a waste stream,
				  the Division shall notify all affected facilities in writing and shall post a
				  notice on the Division's Solid Waste Section website at
https://deq.nc.gov/about/divisions/waste-management/solid-waste-section
no less than 48 hours prior to the effective date of the prohibition. The
				  notice shall contain the type or source of the prohibited waste stream, the
				  reason for the prohibition, the effective date of the prohibition, and the
				  ending date of the prohibition or a statement that the prohibition shall be in
				  effect until the Division removes the prohibition.
(e) No person shall dispose or cause the
				  disposal of solid waste in or on waters in a manner that results in solid
				  waste's entering waters or being deposited upon lands of the State.
(f) Solid waste disposal sites including
				  sanitary landfills, land clearing and inert debris landfills, and incinerators
				  shall comply with the same requirements as "new solid waste disposal
				  facilities" provided in
				  G.S.
				  143-215.54(c) in accordance
				  with the effective date of S.L. 2000-150, s. 5.
(g) All solid waste management facilities
				  owned and operated by or on behalf of a local government shall have scales and
				  shall weigh all solid waste when it is received at the facility.
(h) When the Division assesses an
				  administrative penalty for violations of Article 9 of Chapter 130A of the
				  General Statutes and the rules adopted thereunder, the penalty shall be
				  assessed in accordance with
				  G.S.
				  130A-22 and the following assessment
				  procedures:
(1) For all violations for which
				  a penalty is assessed, a notice of the assessment shall be sent to the
				  respondent by US Postal Service registered or certified mail, or
				  hand-delivered. The notice shall describe the nature of the violation, state
				  the amount of the penalty and the costs assessed in accordance with
				  G.S.
				  130A-22(j) ("investigative
				  costs"), state when the penalty and investigative costs are due, state that
				  each day of a continuing violation will constitute a separate violation, and
				  advise the respondent of the right to appeal in accordance with G.S.
				  150B.
(2) After the notice has been
				  issued, the respondent may request to settle the penalty assessment and
				  violations through informal procedures as set forth in
				  G.S.
				  150B-22(a). The Division may
				  reduce the amount of the assessed penalty as a part of a settlement agreement
				  resulting from the informal procedure process.
(3) The assessed penalty and the
				  investigative costs shall be due and payable within 60 days of receipt of the
				  notice issued in accordance with Subparagraph (1) of this Paragraph.
(4) The assessment of a penalty does not
				  prevent the Division from also suspending or revoking a permit in accordance
				  with G.S. 130A-23.