reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0505 - OPERATIONAL AND CLOSURE REQUIREMENTS FOR INDUSTRIAL SOLID WASTE LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or operator of an industrial
				  solid waste landfill unit (site) shall maintain and operate the site in
				  conformance with the permit and the plans incorporated into the permit in
				  accordance with Rule .0504(i) of this Section, and with Sections .0600 and
				  .1800 of this Subchapter, and the following:
(1) Solid waste shall be managed within the
				  disposal area throughout the life-of-site and post-closure care period to
				  prevent the escape of waste and the attraction of vectors and scavenging, and
				  to minimize fires and the generation of odors. The owner or operator shall
				  comply with this requirement using either the following compaction and cover
				  procedures, or other procedures that the owner or operator may include in the
				  operations plan and the closure and post-closure plan required by Rule .0504 of
				  this Section that shall be as effective as the compaction and cover procedures:
(A) Solid waste shall be compacted.
(B) Solid waste shall be covered at the end
				  of each day of operation with a compacted layer of no less than six inches of
				  soil.
(C) Areas that will not have
				  additional wastes placed on them for the next 12 months, but where final
				  termination of disposal operations has not occurred, shall be covered with no
				  less than one foot of compacted soil.
(D) After final termination of disposal
				  operations at the site or upon revocation of a permit, the area shall be
				  covered with no less than two feet of compacted soil.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0506-0507

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Amended Eff. February 1, 1991; September 1, 1990;
Repealed Eff. January 4, 1993.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0508 - SITING AND APPLICATION REQUIREMENTS FOR INCINERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  incinerator (site) shall meet the following siting requirements:
(1) Floodplain Restrictions: Any portions of
				  the site property containing the incinerator building and 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) The permit
				  issued by the Division for the site shall state the site-specific buffer
				  requirements for the site. When determining the site-specific buffers, the
				  Division shall include any buffers required by the incinerator permit issued by
				  the Division of Air Quality for the 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 .0509 - OPERATIONAL AND CLOSURE REQUIREMENTS FOR INCINERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  owner or operator of an incinerator (site) shall comply with the permit
				  conditions, the plans incorporated into the permit in accordance with Rule
				  .0508(f) of this Section, and the following requirements:
(1) All sites shall be sited, designed,
				  operated, and maintained 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.
(2) The storage of solid waste at the site
				  shall comply with Rule .0104 of this Subchapter and the conditions of the
				  permit issued by the Division.
(3)
				  Sites that are permitted by the Division to accept medical waste shall also
				  comply with Section .1200 of this Subchapter.
(4) Vector control measures shall be applied
				  to prevent or control on-site populations of flies, rodents, and other insects
				  or vermin.
(5) The owner or
				  operator shall provide equipment to operate and maintain the site in compliance
				  with Subparagraph (1) of this Paragraph.
(6) All ash and waste residue from the site
				  shall be disposed of at a solid waste management facility permitted by the
				  Division to receive such waste.
(7)
				  An air quality permit issued by the Department of Environmental Quality,
				  Division of Air Quality shall be obtained prior to site operation.
(8) A site shall only accept those solid
				  wastes that it is permitted to receive.
(9) Leachate shall be contained on-site or
				  treated prior to discharge. A National Pollutant Discharge Elimination System
				  (NPDES) permit issued by the Department of Environmental Quality, Division of
				  Water Resources in accordance with
				  15A NCAC
				  02B may be required prior to discharge to
				  surface waters.
(10) The owner or
				  operator shall submit to the Division upon written request any information or
				  records required to be kept under the conditions of the permit or the rules of
				  this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0510 - POST-CLOSURE CARE REQUIREMENTS FOR CLOSED C&DLF AND MSWLF UNITS EXEMPTED FROM OTHER C&DLF AND MSWLF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The owner or operator of a closed construction and
					 demolition landfill unit or municipal solid waste landfill unit that is
					 required to comply with this Rule in accordance with Rule .0531 of this Section
					 or Rule .1601 of this Subchapter (collectively "site") shall comply with the
					 post-closure care requirements specified in the permit conditions, the closure
					 plan for the site, and the closure letter or permit for closure issued by the
					 Division to the site at the time of closure. The owner or operator shall also
					 comply with Section .0600 of this Subchapter. The owner or operator shall
					 submit to the Division upon written request any information or records that are
					 required to be kept under either the permit conditions, the closure letter, or
					 the rules of this Subchapter.
Authority
					 G.S.
					 130A-294;
Eff. April 1,
					 1982;
Amended Eff. September 1, 1990; 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 .0500 - DISPOSAL SITES › Section 13B .0531 - PURPOSE AND APPLICABILITY FOR CONSTRUCTION AND DEMOLITION LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. Rules .0531 through .0546 of
				  this Section shall govern the permitting procedures, siting, design,
				  construction, performance standards, operation, closure, and post-closure of
				  all construction and demolition solid waste landfill (C&DLF) facilities and
				  units.
(b) Applicability. Owners
				  and operators of C&DLF facilities and units shall conform to the
				  requirements of Rules .0531 through .0546 of this Section as follows:
(1) C&DLF units that stopped receiving
				  waste before June 30, 2008 are exempt from Rules .0531 through .0546 of this
				  Section and shall comply with the solid waste permit and Rule .0510 of this
				  Section.
(2) C&DLF units
				  permitted after December 31, 2006 shall comply with the requirements of Rules
				  .0531 through .0546 of this Section.
(3) C&DLF units permitted to operate
				  prior to January 1, 2007 that continued to receive waste on or after June 30,
				  2008 shall comply with Rules .0531 through .0546 of this Section, except that
				  C&DLF units on top of closed MSWLFs are subject to the corrective action
				  requirements of Rules .1635, .1636, and .1637 of this Subchapter, and the
				  closure and post-closure requirements of Rule .1627 of this
				  Subchapter.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0534 - GENERAL REQUIREMENTS FOR C&DLF FACILITIES AND UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permits issued by the Division for
				  C&DLF facilities and units shall be subject to the general requirements set
				  forth in this Rule.
(b) Terms of
				  the Permit. The Solid Waste Management Permit shall incorporate requirements
				  necessary to comply with this Subchapter and the North Carolina Solid Waste
				  Management Act including the provisions of this Paragraph.
(1) Division Approved Plans. Permits issued
				  after December 31, 2006 shall incorporate the Division approved plans.
(A) The scope of the Division approved plans
				  shall include the information necessary to comply with the requirements set
				  forth in Rule .0535 of this Section.
(B) The Division approved plans shall be
				  subject to and may be limited by the conditions of the permit.
(C) The Division approved plans for a
				  C&DLF facility shall be described in the permit and shall include the
				  Facility Plan required by Rule .0537 of this Section, the Design Hydrogeologic
				  Report required by Rule .0538(b) of this Section, the Engineering Plan required
				  by Rule .0539 of this Section, the Construction Quality Assurance Plan required
				  by Rule .0541 of this Section, the Operation Plan required by Rule .0542 of
				  this Section, the Closure and Post-Closure Plan required by Rule .0543 of this
				  Section, and the Monitoring Plans required by Rule .0544 of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0535 - APPLICATION REQUIREMENTS FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) New
				  permit as defined in
				  G.S.
				  130A-294(a3)(1)a, c, d, and
				  e. An applicant for a new C&DLF permit as defined in
				  G.S.
				  130A-294(a3)(1)a, c, d, and
				  e shall meet the requirements of Rule .0536 of this Section prior to submitting
				  an application for a permit to construct.
(1)
				  Permit to Construct. An application for a permit to construct for a new permit
				  as defined in
				  G.S.
				  130A-294(a3)(1)a, c, d, and
				  e shall contain the following:
(A) a facility
				  plan that describes the comprehensive development of the C&DLF facility
				  prepared in accordance with Rule .0537 of this Section;
(B) a design hydrogeologic report prepared in
				  accordance with Rule .0538(b) of this Section;
(C) an engineering plan for the initial phase
				  of landfill development prepared in accordance with Rule .0539 of this
				  Section;
(D) a construction quality
				  assurance plan prepared in accordance with Rule .0541 of this
				  Section;
(E) an operation plan
				  prepared in accordance with Rule .0542 of this Section;
(F) a closure and post-closure plan prepared
				  in accordance with Rule .0543 of this Section;
(G) monitoring plans prepared in accordance
				  with Rule .0544 of this Section;
(H) an environmental compliance history for
				  the applicant in accordance with
				  G.S.
				  130A-295.3; and
(I) for an applicant that is not a federal,
				  State, or local government, an organization chart showing the ownership
				  structure of the applicant.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0536 - SITE STUDY FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purpose. As required under Rule .0535 of this Section, the owner or operator
				  shall prepare a site study that meets the requirements of this Rule. The
				  Division shall review the site study for a proposed new facility prior to
				  consideration of an application for a permit to construct to determine if the
				  site is suitable for establishing a C&DLF unit because nothing would
				  prevent the C&DLF unit from being able to be constructed and operated in
				  accordance with Article 9 of Chapter 130A of the General Statutes, the rules of
				  this Subchapter, and the Federal Resource Conservation and Recovery Act, as
				  amended. Following review of the site study, the Division shall notify the
				  applicant that either:
(1) the site is deemed
				  suitable for establishing a C&DLF unit and the applicant is authorized to
				  prepare an application for a permit to construct in accordance with Rule .0535
				  of this Section and the site-specific conditions and design requirements stated
				  in the notification, if any; or
(2)
				  the site is deemed unsuitable for establishing a C&DLF unit and shall
				  specify the reasons that would prevent the C&DLF unit from being
				  constructed and 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.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0537 - FACILITY PLAN FOR C&DLFS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purpose. A permit applicant shall prepare a facility plan which meets the
				  requirements of this Rule.
(b)
				  Scope.
(1) The facility plan shall define the
				  comprehensive development of the property proposed for a permit or described in
				  the permit of an existing facility. The plan shall include a set of drawings
				  and a report that present the long-term, general design concepts related to
				  construction, operation, and closure of the C&DLF unit(s). The scope of the
				  plan shall span the active life of the unit(s). Additional solid waste
				  management activities located at the C&DLF facility shall be identified in
				  the plan and shall meet the requirements of this Subchapter. The facility plan
				  shall define the waste stream proposed for management at the C&DLF
				  facility. If different types of landfill units or non-disposal activities are
				  included in the facility design, the plan shall describe general waste
				  acceptance procedures.
(2) The
				  areal limits of the C&DLF unit(s), total capacity of the C&DLF unit(s),
				  and the proposed waste stream shall be consistent with the Division's approval
				  in accordance with Rule .0536(a)(1) of this Section for a new
				  facility.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0539 - ENGINEERING PLAN FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purpose. The engineering plan that is required to be submitted in accordance
				  with Rule .0535 of this Section shall incorporate the detailed plans and
				  specifications relative to the design and performance of the C&DLF's
				  containment and environmental control systems. The engineering plan shall set
				  forth the design parameters and construction requirements for the components of
				  the C&DLF's systems, shall meet the requirements of this Rule, and shall
				  establish the responsibilities of the design engineer. The engineered
				  components shall be described in Rule .0540 of this Section. (b)
				  Responsibilities of the design engineer. The engineering plan shall be prepared
				  by a licensed professional engineer if required by G.S. 89C. The design
				  engineer shall incorporate a statement certifying this fact and bearing his or
				  her seal of registration.
(c)
				  Scope. An engineering plan shall be prepared for the proposed area of
				  development that provides no less than five years of operating capacity and no
				  more than the total facility capacity, consistent with the development phases
				  and design criteria defined in the facility plan. The engineering plan shall
				  contain a report and a set of drawings that represent the engineering design in
				  accordance with Paragraphs (d) and (e) of this Rule.
(d) An engineering report shall contain:
(1) A summary of the facility design that
				  includes:
(A) a discussion of the analytical
				  methods used to evaluate the design;
(B) definition of the aspects and conditions
				  of the facility design evaluated by the design engineer and assumptions
				  made;
(C) a list of technical
				  references used in the evaluation; and
(D) completion of any applicable location
				  restriction demonstrations in accordance with Rule .0536 of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0540 - CONSTRUCTION REQUIREMENTS FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule shall establish the performance standards and
					 criteria for designing and constructing a C&DLF unit. Additional standards
					 for the cap system are described in Rule .0543 of this Section.
(1) Horizontal separation requirements.
(a) Property line buffer. C&DLF unit(s)
				  permitted after January 1, 2007 shall have a buffer of no less than 200 feet
				  between the C&DLF unit and all property lines for monitoring purposes.
				  Existing operating units shall maintain existing upgradient buffers of 50 feet
				  or more.
(b) Offsite residential
				  structures and wells. C&DLF units shall have a buffer of no less than 500
				  feet between the C&DLF unit and residential structures and wells existing
				  at the time that the Division issues a notification of site suitability in
				  accordance with Rule .0536(a)(1) of this Section.
(c) Surface waters. C&DLF units shall
				  have a buffer of no less than 50 feet between the C&DLF unit and any
				  stream, river, lake, pond, or other waters of the State as defined in
				  G.S.
				  143-212.
(d) Other landfill units. A buffer shall be
				  established between a proposed C&DLF unit and any existing landfill units
				  to establish a groundwater monitoring system to allow monitoring of each unit
				  separately as set forth in Rule .0544 of this Section.
(e) C&DLF units shall meet the horizontal
				  separation requirements of
				  G.S.
				  130A-295.6(b) and (d) in
				  accordance with the effective dates and applicability requirements of S.L.
				  2007-550 s. 9.(b) and S.L. 2013-413 s. 59.1 as amended by S.L. 2013-410 s.
				  47.6, and S.L. 2007-543.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0541 - CONSTRUCTION QUALITY ASSURANCE FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The construction quality control and
				  quality assurance (CQA) plan shall describe the observations and tests that
				  will be used before, during, and upon completion of construction to ensure that
				  the construction and materials meet the design specifications and the
				  construction and certification requirements set forth in Rule .0540 of this
				  Section. The CQA plan shall also describe the procedures to ensure that the
				  integrity of the landfill systems will be maintained prior to waste
				  placement.
(b) For construction of
				  each cell, the CQA plan shall include the following information:
(1) The designation of responsibilities for
				  the construction management organization shall be included in the CQA plan. A
				  pre-construction meeting shall be conducted prior to beginning construction of
				  the initial cell unless otherwise indicated in the permit. The meeting shall
				  include a discussion of the construction management organization, respective
				  duties during construction, and periodic reporting requirements for test
				  results and construction activities.
(2) A description of all field observations,
				  tests, equipment, and calibration procedures for field testing equipment that
				  will be used to ensure that the construction meets or exceeds all design
				  criteria established in accordance with Rules .0539, .0540, and .0543 of this
				  Section shall be included in the CQA plan.
(3) A description of all sampling protocols,
				  sample size, methods for determining sample locations, and frequency of
				  sampling shall be included in the CQA plan.
(4) A description of reporting required by
				  the rules of this Section for CQA activities shall be included in the CQA
				  plan.
(5) A description of planned
				  progress and troubleshooting meetings, including the frequency, shall be
				  included in the CQA plan. The meetings shall occur no less than twice per week,
				  and the proceedings of the meetings shall be documented.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0542 - OPERATION PLAN AND REQUIREMENTS FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or operator of a C&DLF unit
				  shall maintain and operate the facility in accordance with the operation plan
				  prepared in accordance with this Rule.
(b) Operation Plan. The owner or operator of
				  a C&DLF unit shall prepare an operation plan for each proposed area of
				  landfill development consistent with the engineering plan submitted in
				  accordance with Rule .0539 of this Section. The operation plan shall be
				  submitted in accordance with Rule .0535 of this Section and shall include the
				  following:
(1) Operation drawings. Drawings
				  shall be prepared for each proposed area of landfill development. The drawings
				  shall be consistent with the engineering plan and shall illustrate the
				  following:
(A) existing conditions including
				  the known limits of existing disposal areas;
(B) progression of operation including
				  initial waste placement, daily operations, yearly contour transitions, and
				  final contours;
(C) any stormwater
				  controls for active and inactive subcells, if included in the engineering
				  plan;
(D) special waste handling
				  areas, such as any asbestos disposal area, within the C&DLF unit;
(E) buffer zones, noting restricted
				  use;
(F) stockpile and borrow
				  operations; and
(G) other solid
				  waste activities, such as tire disposal or storage, yard waste storage, white
				  goods storage, and recycling pads.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0543 - CLOSURE AND POST-CLOSURE REQUIREMENTS FOR C&DLF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. This Rule shall establish
				  criteria for the closure of all C&DLF units and subsequent requirements for
				  post-closure compliance. The owner and operator shall develop specific plans
				  for the closure and post-closure of the C&DLF facility or units that comply
				  with this Rule and submit them to the Division for review and
				  approval.
(b) Scope.
(1) This Rule shall establish standards for
				  the scheduling and documenting of closure of all C&DLF units and design of
				  the cap system. Construction requirements for the cap system shall incorporate
				  requirements from Rules .0540 and .0541 of this Section.
(2) This Rule shall establish standards for
				  the monitoring and maintenance of the C&DLF unit(s) following
				  closure.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0545 - ASSESSMENT AND CORRECTIVE ACTION PROGRAM FOR C&DLF FACILITIES AND UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Assessment Program. Assessment monitoring
				  shall be required if, in any sampling event, one or more constituents being
				  monitored in any monitoring well are detected above the groundwater quality
				  standards or interim maximum allowable concentrations (IMACs) established in
				  accordance with
				  15A NCAC
				  02L .0202, or the groundwater protection
				  standards established in accordance with Paragraph (c) of this Rule. The owner
				  and operator shall
(1) Within 30 days of
				  obtaining the results of any sampling event, notify all persons who own land or
				  reside on land that directly overlies any part of the plume of contamination if
				  contaminants have migrated off-site or are thought to have migrated off
				  site;
(2) Within 90 days of
				  triggering an assessment monitoring program in accordance with this Paragraph,
				  the owner and operator shall submit an assessment monitoring work plan for
				  Division review. The Division shall date and stamp the assessment monitoring
				  plan "approved" if the requirements in Paragraph (b) of this Rule are met. The
				  owner and operator shall place the approved program in the operation record,
				  and notify appropriate local government officials, such as the county manager,
				  city manager, and county health department.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0546 - FINANCIAL ASSURANCE REQUIREMENTS FOR C&DLF FACILITIES AND UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owners and operators of construction and
				  demolition landfill facilities permitted by the Division in accordance with
				  this Subchapter shall comply with the financial responsibility requirements set
				  forth in
				  G.S.
				  130A-295.2.
(b) Owners and operators of construction and
				  demolition landfill facilities that received waste on or after June 30, 2008
				  and are permitted by the Division in accordance with this Subchapter shall
				  comply with the financial assurance requirements set forth in Section .1800 of
				  this Subchapter.
Authority
					 G.S.
					 130A-294;
					 130A-295.2(b);
Eff. January 1, 2007;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0547 - REPEALED - EXISTING C&DLF UNITS AS OF JANUARY 1, 2007

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. January 1,
					 2007;
Repealed Eff. September 16,
					 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 .0560 - EXPIRED - LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-294;
Eff. January 4,
					 1993;
Expired Eff. July 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0562 - BENEFICIAL FILL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Beneficial
				  fill" means a fill activity to level or bring an area to grade for the
				  beneficial purpose of stabilizing the land or improving the land use potential
				  using only inert debris waste.
(b)
				  A solid waste management permit is not required for beneficial fill that meets
				  the following conditions:
(1) any soils mixed
				  with the beneficial fill or used for cover shall meet unrestricted use
				  standards for soils as defined in
				  G.S.
				  130A-310.65;
(2) excavation shall not be conducted for the
				  purpose of creating a beneficial fill area or expanding the footprint of the
				  existing beneficial fill area;
(3)
				  in the absence of local ordinances pertaining to beneficial fill, the activity
				  shall be limited in duration to one year from the initial placement of material
				  and no larger than one acre in size;
(4) the beneficial fill shall be setback from
				  an adjacent property line a distance that allows for slope construction and
				  maintenance in accordance with Subparagraph (5) of this Paragraph and any local
				  ordinances;
(5) the beneficial fill
				  shall be covered with a minimum of one foot of compacted soil and graded at a
				  slope ratio that shall not exceed three horizontal to one vertical;
(6) the beneficial fill shall comply with all
				  other applicable federal, State, and local laws, ordinances, rules, and
				  regulations, including local zoning restrictions, flood plain regulations,
				  wetland regulations, mining regulations, and sedimentation and erosion control
				  regulations;
(7) the beneficial
				  fill shall comply with the groundwater quality standards established in
				  15A NCAC
				  02L; and
(8) beneficial fill shall not be placed in
				  waters of the State, or at or below the seasonal high groundwater table as
				  defined in Rule .0532 of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0563 - GENERAL REQUIREMENTS FOR LCIDLFS

Current through Register Vol. 39, No. 2, July 15, 2024
The owner or operator of a land clearing and inert debris
					 landfill (site) shall obtain a permit from the Division, unless exempted from
					 permitting pursuant to
					 G.S.
					 130A-294(a)(4)a. A site
					 shall comply with Rules .0564 through .0567 of this Section, and the following
					 requirements:
(1) The site shall
				  accept only yard waste and inert debris waste for disposal.
(2) The site shall comply with all other
				  federal, State, and local laws, ordinances, rules, regulations, and orders,
				  including zoning regulations, flood plain regulations, wetland regulations,
				  sedimentation and erosion control regulations, and mining
				  regulations.
(3) Permits issued by
				  the Division for land clearing and inert debris landfills shall be valid for
				  five years, and shall be subject to the permit fees set forth in
				  G.S.
				  130A-295.8.
(4) A permit shall not be required for a site
				  that meets the following conditions:
(a) the
				  site is within the right-of-way of a N.C. Department of Transportation
				  project;
(b) the site accepts only
				  yard waste and inert debris waste that was generated from within the same N.C.
				  Department of Transportation project right-of-way that the site is located
				  in;
(c) the site disposal area does
				  not exceed two contiguous acres in size; and
(d) the site complies with Rule .0564 of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0564 - SITING CRITERIA FOR LCIDLFS

Current through Register Vol. 39, No. 2, July 15, 2024
A land clearing and inert debris landfill (site) shall meet
					 the following siting criteria:
(1)
				  Floodplain Restrictions: A site shall not be located in the 100-year
				  floodplain.
(2) Cultural Resources
				  Restrictions: A site and site operations 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 and site operations 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 and site operations 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 and
				  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.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0500 - DISPOSAL SITES › Section 13B .0567 - CLOSURE AND POST-CLOSURE CARE REQUIREMENTS FOR LCIDLFS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or operator of a land clearing
				  and inert debris landfill (site) shall implement the closure of the site in
				  accordance with this Rule and the closure and post-closure plans incorporated
				  into the permit in accordance with Rule .0565(d) of this Section. The owner or
				  operator shall notify the Division no less than 90 days prior to the expected
				  closure of the site.
(b) Closure
				  Requirements.
(1) The owner or operator of a
				  site shall begin closure activities no later than 30 days after the final
				  receipt of wastes. Closure activities shall include the following:
(A) covering the disposal area with no less
				  than one foot of soil cover sloped to direct the flow of surface water from the
				  landfill;
(B) stabilizing the soil
				  cover with vegetative ground cover or other stabilizing material; and
(C) any closure activities included in the
				  closure and post-closure plan incorporated into the permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0600 - MONITORING REQUIREMENTS › Section 13B .0601 - GROUNDWATER MONITORING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply to a sanitary landfill that is not subject to Rules .0531 through .0546
				  or Section .1600 of this Subchapter (site). This Rule shall apply for the life
				  of the site and the post-closure care period of the site.
(b) The site shall be subject to the
				  groundwater requirements and standards in
				  15A NCAC
				  02L .0101 through
				  02L .0114 and
				  15A NCAC
				  02L .0201 through
				  02L .0202. The site shall not
				  cause an exceedance of the groundwater quality standards and interim maximum
				  allowable concentrations established under
				  15A NCAC
				  02L .0202 in the uppermost aquifer at the
				  review boundary or compliance boundary as established in
				  15A NCAC
				  02L .0107 and
				  02L .0108.
(c) The site shall provide such groundwater
				  monitoring capability as the Division determines to be necessary to detect the
				  effects of the site on groundwater in the area. In making such a determination,
				  the Division shall consider the following factors:
(1) the design of the site, the nature of the
				  processes it will use, and the type of waste it will handle;
(2) soil and other geological conditions in
				  the area;
(3) nearness of
				  groundwater to the site;
(4) uses
				  that are being or may be made of any groundwater that may be affected by the
				  site; and
(5) any other factors
				  that relate to the potential for groundwater effects from the site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0600 - MONITORING REQUIREMENTS › Section 13B .0602 - SURFACE WATER MONITORING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				  Rule shall apply to a sanitary landfill that is not subject to Rules .0531
				  through .0546 or Section .1600 of this Subchapter (site). This Rule shall apply
				  for the life of the site and the post-closure care period of the
				  site.
(b) The owner or operator of
				  the site shall provide such surface water monitoring capability as the Division
				  determines to be necessary to detect the effects of the site on surface waters
				  contained on or bordering the site property. In making this determination, the
				  Division shall consider the following factors:
(1) the design of the site, the nature of the
				  processes it will use, and the type of waste it will handle;
(2) drainage patterns and other hydrological
				  conditions in the area;
(3)
				  nearness of surface water to the site;
(4) uses that are being or may be made of any
				  surface water that may be affected by the site; and
(5) any other factors that relate to the
				  potential for surface water effects from the site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0700 - ADMINISTRATIVE PENALTY PROCEDURES › Section 13B .0701-.0706

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-22(f);
Eff.
					 April 1, 1982;
Amended Eff. September 1, 1990; February 1, 1988;
					 May 1, 1987; October 1, 1984;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0700 - ADMINISTRATIVE PENALTY PROCEDURES › Section 13B .0707 - REPEALED - REFERRAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-22(f);
Eff.
					 April 1, 1982;
Amended Eff. May 1, 1987;
Repealed Eff.
					 September 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0801 - REPEALED - PREAMBLE

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Rule Eff. January 20, 1989, For a Period of 180 Days to Expire on July 19,
					 1989;
Statutory Authority
					 G.S.
					 130A-291.1;
Eff. March 1,
					 1989;
Repealed Eff. September 1,
					 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0802-0814

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Rule Eff. January 20, 1989, For a Period of 180 Days to Expire on July 19,
					 1989;
Authority
					 G.S.
					 130A-291.1;
Eff. March 1,
					 1989;
Amended Eff. September 1, 1990; August 1, 1990; June 1,
					 1990;
Repealed Eff. October 1,
					 1995.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0815-.0816

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. October 1,
					 2009.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0817 - REPEALED - SEPTAGE MANAGEMENT FIRM PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. April 1,
					 2010.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0818 - REPEALED - PERMIT FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. October 1,
					 2009.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0819-.0820

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. April 1,
					 2010.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0821-.0824

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. October 1,
					 2009.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0825 - REPEALED - STANDARDS FOR SEPTAGE TREATMENT AND DETENTION FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. April 1,
					 2010.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0826-.0829

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 1995;
Repealed Eff. October 1,
					 2009.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0830 - INCORPORATION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  Sections of the Code of Federal Regulations (CFR) cited in this Section are
				  hereby incorporated by reference, including subsequent amendments or additions,
				  and may be obtained free of charge at
https://www.gpo.gov/fdsys/
.
(b) US Environmental Protection Agency (EPA)
				  and American Society for Testing Materials (ASTM) test methods and procedures,
				  and other published standards referenced in this Section are hereby
				  incorporated by reference, including subsequent amendments or
				  additions.
(c) Copies of all
				  material incorporated by reference in this Section are available for inspection
				  free of charge at the Department of Environmental Quality Division of Waste
				  Management, Solid Waste Section, 217 West Jones Street, Raleigh, N.C. 27603 or
				  the Division's website at
https://deq.nc.gov/about/divisions/waste-management
.
Authority
					 G.S.
					 130A-291.1;
Eff. October 1,
					 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24, 2017;
Amended Eff.
					 February 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .0800 - SEPTAGE MANAGEMENT › Section 13B .0832 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General
				  permitting requirements.
(1) No person shall
				  manage septage, or any part of septage, or operate a Septage Management Firm
				  without first obtaining a permit from the Division as required under
				  G.S.
				  130A-291.1(c);
(2) The permit requirement of
				  G.S.
				  130A-291.1(c) applies to
				  persons who remove septage, and other waste materials or spent media from
				  wastewater systems permitted by the Department of Health and Human Services,
				  under the authority of Article 11, Chapter 130A of the North Carolina General
				  Statutes;
(3) The permit
				  requirement of
				  G.S.
				  130A-291.1(c) applies to
				  persons who manage septage generated from properties that they own, lease, or
				  manage as part of a business, such as mobile homes, mobile home parks,
				  restaurants, and other residential and commercial property;
(4) The Division may deny a permit
				  application in accordance with
				  G.S.
				  130A-295.3(c);
(5) The Division may require an applicant to
				  demonstrate substantial compliance in accordance with
				  G.S.
				  130A-294(b2)(2);
(6) Permits issued in accordance with this
				  Section shall be followed;
(7)
				  Where specified in this Section, permit applications or specific portions of
				  applications shall be prepared in accordance with Rule .0202(a)(3) of this
				  Subchapter; and
(8) Initial septage
				  land application site and detention and treatment facility permits shall be
				  valid for one year. Subsequent permits shall be valid for 10 years. The
				  Division may issue a subsequent permit for less than 10 years based on any of
				  the following factors:
(A) the duration of
				  the landowner authorization or wastewater treatment plant
				  authorization;
(B) the compliance
				  history of the operator;
(C) if any
				  of the information for the permit application was received after the due date;
				  or
(D) to allow the due date for a
				  subsequent permit application to be the same date as the septage firm permit
				  application due date.