HomeMy WebLinkAboutN0059 DURWOOD HUMPHREY & SONSPOWe •I of
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., GovjlrAr
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Jonathan B. Howes, Secretary
William L. Meyer, Director
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LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 13B .O563(2)(a), the land owner(s) and operator{si of any Land Clearing and
Inert Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior
to constructing or operating the landfill. This form must be filed for recordation in the Register of
Deeds' office. The Register of Deeds shall index the notification under the name of the owner(s) of the
land in the county or counties in which the land is located. The Register's seal and the date, book, and
page number of recording must be included on this form when submitted to the Division. This
notification Is not valid to authorize operation of a landfill unless complete, accurate, recorded, and
submitted to the Division as required by 15A NCAC 138 .0563(2)(b).
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Facility location (street address):
The land on which this landfill is located is described in the deed recorded in:
deed boo
Name of land owner:
Mailing address of land owner:
City:
Telephone number of land o
It the land is owned by more than one person, attach additional sheets with the name, address,
and phone number
Name of operator•.
Trade or business name of operator.
Mailing address of operator: —4i
City: it b6oVILId P State ' vll 1 Zip:
Telephone number of operator:( 01, 1 _ 3l,/(F— --) ,?/
If the landfill is operated by more than one person, attach additional sheets with the name
address, and phone number of all additional operators.
Projected use of land after completion of landfill operations:
P.O. Box 27687. Raleigh. North Carolina 27611-7637 Telephone 919-733-4996 FAX 919-715-3605
An Equal Opportunity Atrumchve Acticn Employer E0%recycled/ 10% posi•ccnsumer pcWer
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Ronk 1459. Page,, 1977-Current= 452 [Seq: 1
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The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
0101 DEFINITIONS
(72) 'Land clearing waste' means solid waste which is generated solely from land clearing activities such as stumps. trod. Grubs. bnzsll.
grass, and other naturally occurring vegetative material.
(73) 'Land clearing and inert debris landfill' means a facility for the land disposal of land clearing waste, concrete. brick. r cricrete block,
uncvrttaminated soil, gravel and rock• untreated and unpainted wood, and yard trash.
(70 'Yard trash' means solid waste resulting from landscaping and yard maimenanca such as brush. grass, ern (imbs. and similar vegetative
materials.
.0583 APPUCABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DE3R1S ILCID) LANDFILLS
Managemem of land dearing and inert debris shad be in acccrtance with the State hierarchy for managing sold waste as provided for under N.—G.S.
f I20A•30S.04(a). Disposal in a tandfrn is considered to be the least desirable method of managing land clearing and inert debris. Whore landtUrig
is necessary, the requirements of this Rule apply.
(1) An individual permit from the Division of Solid Waste Management is net required for Land Clawing end Inert Debris (LC)D1 tandfilts that
most all of the fallowing conditions:
IaI The facility is to be operated far the disposal of land clearing waste, inert debris, untreated wood, and yard trash. Operations
must be consistent and in compliance with the local govemmem solid waste monagernem plat[ as approved by the Division
of Solid Waste Management.
(b) The total disposal area is under two acres in size.
(c The facility and practices comply with the siting cntena under Rude .0564. and operational requirements colder Rule .0566.
(d) The fill activity is not exempt from, and must comply with an other Federal. State, or Local lours. orduunces, Rules.
regulations, or orders, including but not limited to zoning restrictions. flood plaint resuictiorts, wetland restrictions,
sedimentation and erosion control requirements. and mining regulations.
I (2) When an individual permit is not required, the following applies:
l (al The owner of the land where the laad'a is located must notify the Division on a prescribed form. duty signed. notarized, and
recorded as per Rule .05630(b). The Operator of the landfill, if different tram the land owner, shall also sign the notification
farm.
(bl The owner must foie the prescribed notification term far recordation in the Register of Deeds' Office. The Register of Deeds
shall index the notification in the grantor index under the name of the owner of the land In the courny or counties in which
the land is located. A copy of the recorded notification, atfuxed with the Register's said and the date. bank and page member
of recarding shall be sent to the Division of Solid Waste Management.
(c! When the land an which the Land Clearing and Inert Debris Landfill Is said, leased. conveyed• or transferred rat arty manner.
the deed or ether instrument of transfer shall wntain in the description section in no smaller type than that used in the body
of the deed or instrument a statement that the proper-y has been used as a Land Gearing and Inert Debris Landfill and a
reference by bock and page to the retardation of the notification.
.0564 SrMG CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The fallowing siting criteria shall apply for land Coating and Inert Debris (LC10) landfills:
(1) Facilities or practices, shall not be located in the 100-year floodplain.
(2) Facilities or practices shall not cause or contribute to the taking of arty endangered or threatened species of plants, flsh. 0t wildlife.
(3) Facrdes or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species
as identified in 50 CFR Part 17 which is hereby incorporated by reference 'including arty subsequem smendmenes and editions. This
material is available for inspection at the Department of Emironmem. Has". and Natural Resources. Diviem at Sald Waste
Management. 401 Oberlin Road. Raleigh. North Carolina 27605 where cepiss can be obtained an no east
(4) Fat-Atiss of practices than not damage of destroy an archaeological or historical site.
15) Faeuties or practices shall not cause an adverse impact on a state part recreation or scenic area. a arty Other lands itnChr.'ed in rho theta
nattra and historic preserve.
161 Facilities shall net be located in any wetland as defined in the Clean Water Ads. Section 4ad(bl.
• 17) It must be shown that adequate suitable suits are available for cover. either from an or off site.
(a) land Clearing and Inert Debris landfills shad meet the fallowing surface and ground water requirements:
la! Faclties or pncjces shad not cause a discharge of pollutants into waters of the state that is in violation of the requirements
of the National Pollutant Discfrarge Eiminatitn System (NPOES). under Section 402 of the Clean Water AC as amended.
lit) Facilities or prances shad not cause a discharge of dredged materials or fill material irtto wows of the state that is in vlalaum
of the requirements under Section 404 of the Clean Water Act. as amended.
Cc! Facilities or practices shad not cause non -point source poltrd*n of waters of the state that violates assigned water quality
standards.
Id) Waste in landfills with a disposal area greater than two acres shall be placed a minimum at for feet above the saasonai thigh
water table, except where an alternative separation is aoproved by Cue Division.
Ie! Waste in landfills with a disposal area less than two acres shag be placed above the seasonal high wateftst)e.
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19) no facility shall meet the following minimum buffer requirements:
public wells.
5o feet tram the waste boundary to al surface waters of to state as dafinsd in G.S. public 2
(t) 100 ten tram the disposal area to property Enos. residential dwellings• commercial or pand
to) Buffet requirements may be adjusted as necessary to insure adequate protectiort at public health and the envi onm rm
110) The facility shag most an requirements of any applicable zoning Otdu+ancs. i
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.0566 OlfERAT10NAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC1D1 LANDFUS
Land Cawing and Inert Debris (LCIDI landfills shag meet the following operational requirements.
III Operational plans shag be approved and hollowed as specified for the facility
121 Ths lacitity shag only oceW those satid wastes which it is permitted to receive.
l3) Said waste shag be restricted to the amongst area feasible and compacted as densely as practical into cells.
(4) Adequate sod cover shad be applied mondity. or when the active area aos ores sera in size. wit, ire d sours fret
radr
(5) 1:o calendar days Sher completion at arty phase of disposal operations. or that (avocation Of a p.rmrt tfho dnpaaal area shoo be eorend
wn h a minimum of one foot at etroas sea cover sloped to allow surface water nmff in a ebntalled manner. The Division may sequin
fuadhor action in order to correct any condition which is or may beeam, if*gious to ow public health, or a nuisarraa to the community.
Book: 1459 Page, 1977-Current= 452 Seq.
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BOOK 1459m) 45
to Adequate aosion cons measures, entauses. or devices shall be utilized to prevent silt tram leaving the aim and to prow" excessive
on she erasion.
(71 Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days talon
completion of arty phase of la x= development.
(a) The facility shall be adequately sensed by mears of gates. chains, berms. fences. etc. to preverrt unauthorized access except when an
operator is an duty. An attendant shall be an duty at atl times while the landfill is open for public use to assure compliance with
operational requirements and to prevem acceptance of unauthorized wastes.
(9) Access roads shall be of all-weather construction and properly maintained.
110) Surface water shall be diverted from the working face and shall not be impounded aver waste.
(11) Solid waste shall not be disposed of In water.
(12) Open burning of solid waste is prohibited.
1131" The concentration of explosive gases generated by the facility shall not exceed:
1al Twenty-five percent of the lower explosive limit for the gases in fatty structures.
(b) ' The lower explosive limit for the gases at the property boundary.
(141 Leachate shall be properly managed an site through the use of anent best management practices.
11 S) Should the Division doom it necessary, ground water or surface water monitoring, at both, may be required as provided for under Rules
.0601 and .0602 of this Subchapter.
116) A sign shall be posted at the facility entrance showing the contact name and number in cast of an emergency and the permit number.
The permit number requiremera is not applicable for facilities not requiring an individual permit.
Certification by Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the
best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B,
North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also
comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the
operator is different from the land owner, I, the land owner, have knowledge of the operator's plans
to dispose of solid, waste on the land and I specifically grant permission for the operation of the landfill.
I understand that both the land owner and operator are jointly and severally liable for improper
operations and proper closure of the landfill as provided for by North Carolina General Statute 130A-
309.27. 1 further understand that North Carolina General Statute 13OA-22 provides for administrative
penaities of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste
Management Rules. I further understand that the Solid Waste Management Rules may be revised or
amended in the future and that the facility siting and operations of this landfill will be required to
comply,,wlI ith�,a[[ such rev'sionsLor amendmen
ld�l{,Y
Print. Name (Owner) C Signature (Owner) Date
North Carolina
i r County
I, a Notary Public for said County and State, do hereby certify
that personally appeared before me this day and acknowledged the
d�s*zecustiprX# the foregoing ins rument.
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Sglt}lrt1 { 1 ��Xpir
official seal, this the C.� d y of / , � 19
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Notary Public
NORTH UROUNA. Onwar Cwjm
The fore`aiog certificalgo) of
ms
Valerie J. Anderson
Notary(ia) P415�n 45
(are) certified to �2 This cnstrpmhwas
as presented for
1
Hoof P This 44 dayof
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By
Agiaw W 16& 0.a4- rw.h .. Aqum, d 0-&
re airstioa and recorded in this office in
�une
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