SL_2021-153_(S60)

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-153
SENATE BILL 60
AN ACT TO REVISE CERTAIN RULES RELATED TO SOLID WASTE MANAGEMENT
FACILITIES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
The General Assembly of North Carolina enacts:
SECTION L(a) Definitions. — For purposes of this section and its implementation,
"Solid Waste Landfill Rules" means the following rules as adopted by the North Carolina
Environmental Management Commission (EMC) on July 9, 2020, and approved by the Rules
Review Commission on October 15, 2020:
15A NCAC 13B .0533 (General Application Requirements and Processing for
C&DLF Facilities)
15A NCAC 13B .0535 (Application Requirements for C&DLF Facilities)
15A NCAC 13B .0543 (Closure and Post -Closure Requirements for C&DLF
Facilities)
15A NCAC 13B .0544 (Monitoring Plans and Requirements for C&DLF Facilities)
15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF
Facilities and Units)
15A NCAC 13B .1603 (General Application Requirements and Processing)
15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities)
15A NCAC 13B .1627 (Closure and Post -Closure Requirements for MSWLF
Facilities)
15A NCAC 13B .1631 (Groundwater Monitoring Systems)
15A NCAC 13B .1632 (Groundwater Sampling and Analysis Requirements)
15A NCAC 13B .1633 (Detection Monitoring Program)
15A NCAC 13B .1634 (Assessment Monitoring Program)
15A NCAC 13B .1635 (Assessment of Corrective Measures)
15A NCAC 13B .1636 (Selection of Remedy)
15A NCAC 13B .1637 (Implementation of the Corrective Action Program)
SECTION L(b) Solid Waste Landfill Rules. —Notwithstanding G.S. 15013-21.3, the
Solid Waste Landfill Rules shall become effective when this act becomes effective, except that
the EMC and the Department of Environmental Quality (Department) shall implement the Solid
Waste Landfill Rules as provided in Section 1(c) until the effective date of the revised permanent
rules that the EMC is required to adopt pursuant to Section 1(d).
SECTION L(c) Implementation. — The Solid Waste Landfill Rules shall be
implemented subject to all of the following requirements:
(1) One hundred eighty days prior to beginning closure of the final permitted
landfill unit, an owner or operator of a construction and demolition debris
landfill facility (C&DLF) or a municipal solid waste landfill facility
(MSWLF) shall submit to the Department's Division of Waste Management
(Division) a notice of intent to close the final unit (notice of closure), in
writing, and place a copy of the notice of closure in the facility's operating
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(2)
(3)
record. The notice of closure shall include the anticipated date that the facility
will cease waste acceptance and a statement identifying the plans that were
incorporated into the permit that the owner or operator will comply with
during the closure and post -closure care period. The notice of closure shall
include the dates that the plans were incorporated into the facility's permit and
the file identification numbers that were assigned by the Division to the files
containing these plans. If the owner or operator determines that updates or
revisions to the plans are necessary, the owner or operator shall submit any
changes to the plans to the Division as a permit modification.
An owner and operator of a C&DLF or MSWLF shall not be required to
submit a permit application for the Division to issue a permit for closure and
post -closure care of a landfill. The Division shall issue a permit for closure
and post -closure care that incorporates the plans identified in the notice of
closure submitted pursuant to subdivision (1) of this subsection. Owners or
operators that closed all waste disposal units at the landfill prior to the date
this bill becomes law shall not be required to submit a notice of closure
pursuant to subdivision (1) of this subsection. If a closure and post -closure
care permit has not already been issued for these facilities prior to the date this
bill becomes law, the Division shall issue a permit for closure and post -closure
care that incorporates the plans for closure and post -closure care that were
included in the most recent permit to operate issued for the facility.
An application for an amendment to a permit for a C&DLF or MSWLF
submitted solely for a change in ownership or corporate structure shall include
all of the following information:
a. A description of the proposed ownership change including affected
facilities and associated permit numbers, the schedule for the proposed
change in ownership or corporate structure, and contact name and
information for the proposed or new owner or operator.
b. Any changes to the facility name, property owner, facility operator, or
billing contact names and contact information.
C. If the property owner has changed or will change as a part of the
change to ownership or corporate structure, a copy of the recorded
property deed for the new property owner.
d. For an applicant that is not a federal, State, or local government, an
organization chart showing the ownership structure of the proposed or
new owner or operator, which shall be a business entity registered with
the North Carolina Secretary of State.
e. An environmental compliance history for the applicant in accordance
with G.S. 130A-295.3(b).
f. Any documentation that the Division may request in order to
determine compliance with requirements for financial responsibility
that must be established by the proposed or new owner or operator
pursuant to G.S. 130A-295.2 and Section .1800 of Subchapter B of
Chapter 13 of Title 15A of the North Carolina Administrative Code,
including an executed financial assurance mechanism for, by, or from
the proposed or new owner or operator.
g. Any updates to the cost estimates required to be submitted in
accordance with Section .1800 of Subchapter B of Chapter 13 of Title
15A of the North Carolina Administrative Code.
h. Any potential modifications to be made by the proposed or new owner
or operator to the plans incorporated into the facility's permit, or any
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potential modifications to be made to the facility's permit to correct
any information included in the plans that has changed due to the
change in ownership or corporate structure, such as the owner or
operator names and contact information.
i. For any plans for which no changes or corrections are to be made, a
statement that the proposed or new owner or operator shall continue to
comply with the plans incorporated into the existing facility permit,
which shall be identified in the statement by the date the plans were
incorporated, and the file identification number assigned by the
Division to the file containing the incorporated plan.
j. Copies of any federal, State, or local government permits or approvals
required for the facility under law, which have been revised as a result
of the proposed change in ownership or corporate structure, or a
statement that these permits or approvals have not changed.
k. Any additional information that the Division may request that is
necessary for compliance with the requirements of this section and the
requirements of Subchapter B of Chapter 13 of Title 15A of the North
Carolina Administrative Code.
(4) All references to "interim maximum allowable concentrations" and "IMACs"
shall be eliminated from the Solid Waste Landfill Rules.
SECTION 1.(d) Additional Rulemaking Authority. — The EMC shall adopt rules to
amend the Solid Waste Landfill Rules to be consistent with Section 1(c). Notwithstanding
G.S. 150B-19(4), the rules adopted by the EMC pursuant to this section shall be substantively
identical to the provisions of Section 1(c). Rules adopted pursuant to this section are not subject
to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this
section shall become effective as provided in G.S. 150B-21.3(bl), as though 10 or more written
objections had been received as provided in G.S. 150B-21.3(b2).
SECTION 1.(e) Sunset. — This section expires when permanent rules adopted as
required by Section 1(d) become effective.
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 3rd day of September,
2021.
s/ Jim Perry
Presiding Officer of the Senate
s/ Harry Warren
Presiding Officer of the House of Representatives
s/ Roy Cooper
Governor
Approved 11:50 a.m. this 16th day of September, 2021
Senate Bill 60 Session Law 2021-153 Page 3