13B_.0100-.0300_.0500-.0600_FiscalNote

MA
REGULATORY IMPACT ANALYSIS AND FISCAL NOTE
READOPTION AND AMENDMENTS TO 15A NCAC 13B
SECTIONS .0100, .0200, .0300, .0500, .0600, .0700, and .1300
May 4, 2020
GENERAL INFORMATION
Agency:
Environmental Management Commission
Department:
Department of Environmental Quality
Division of Waste Management
Solid Waste Section
https://deg.nc.gov/about/divisions/waste-management/solid-waste-
section
Contacts:
Jessica Montie
Environmental Program Consultant
Solid Waste Section Rule -Making Contact
[e-mail]
[phone]
Title of Rule Set:
Solid Waste Management
Citations:
15A NCAC 13B .0100, .0200, .0300, .0500 (except .0531 - .0547),
.0600, .0700, and .1300
Authority:
G.S. 130A-294; G.S. 150B-21.3A
Impact Summary:
- State Government Impact? Yes, a benefit in staff time
- Requires expenditure, distribution, or reallocation of State funds? No
- Local Government Impact? Yes
- Impacts local government expenditures or revenues? Yes
- Private Industry Impact? Yes
- Substantial Economic Impact? No
- Federal Requirement? No
Appendices
Proposed Rule Text

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PROPOSED RULE -MAKING SCHEDULE
Date
Action
05/13/2020
GWWMC Meeting: Approval of proposed text to go to EMC.
07/09/2020
EMC Meeting: Approval of rule text and regulatory impact
analysis for public comment.
08/17/2020
Rules published in NC Register and Agency website
Comment Period Begins.
09/01/2020
Earliest date for public hearing.
10/16/2020
Comment Period Ends.
11/12/2020
EMC Meeting: Approval of Hearing Officer's Report and
Adoption of Rules.
12/17/2020
RRC meeting: Approval of rule text
01/01/2021
Earliest effective date for rules.
NECESSITY OF RULE CHANGES
The Division of Waste Management (Division) Solid Waste Section (Section) is
responsible for regulating solid waste management within the state under the statutory
authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General
Statutes. Rules governing solid waste management adopted under this authority are
codified at Title 15A, Subchapter 13B of the North Carolina Administrative Code. Pursuant
to G.S. 130A-294(a)(4), the Division has the authority to develop a permit system
governing the establishment and operation of solid waste management facilities through
permit conditions. These rules are proposed for readoption in accordance with G.S. 15013-
21.3A and are required to be readopted by the deadline set by the Rules Review
Commission of April 30, 2021. The Solid Waste Section webpage regarding the rule
readoption process can be found at this link:
https://deg. nc.gov/about/divisions/waste-management/solid-waste-section/rules-review.
The Division is proposing readoption with amendments to the following rule sections
within 15A NCAC 13B Solid Waste Management:
• Section .0100 General Provisions
• Section .0200 Permits for Solid Waste Management Facilities
• Section .0300 Treatment and Processing Facilities
• Section .0500 (except .0531 - .0547) Disposal Sites
• Section .0600 Monitoring Requirements
The Division is proposing to amend these rules to have more consistent language and
structure, remove language that is no longer necessary, add definitions for clarification,
revise language to better reflect current practice, and clarify and correct ambiguous,

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redundant, and dated language and definitions to comply with G.S. 150B, the
Administrative Procedures Act (APA) as recommended by Rules Review Commission
staff following a pre -review. Additional changes include adding some minimal siting and
closure requirements for treatment and processing facilities and moving siting and closure
requirements for incinerators to the rules specific to that facility type. The Division is also
proposing two new rules to clarify certain facility types that have been and will continue
to be exempt from permitting requirements, and to establish closure and post closure care
requirements for land clearing and inert debris landfills. This regulatory impact analysis
and fiscal note has been developed to summarize the regulatory impacts of the proposed
substantive changes.
The Division is also proposing to repeal through readoption Rules .0204, .0501, .0502,
.0701 through .0705, and .1301 because they are no longer necessary, the requirements
are proposed to be moved to another rule, or they repeat or contradict statute language
as follows:
• Requirements in Rule .0204 can be found in G.S. 130A-301(a) through (e).
• Requirements in Rule .0501 can be found in G.S. 130A-309.04(a).
• Requirements in Rule .0502 were intended for old town dumps during the transition
period to new solid waste management rules in the 1980s; and are no longer
applicable. Illegal dumping is now regulated as a violation of the requirement to
obtain a permit in Rule.0201, and the procedures for recording an illegal dump if it
is not cleaned up are found in G.S. 130A-301(f).
• Requirements in Rules .0701 - .0706 can now be found in the following rules or
statutes:
o .0701: unnecessary — established the purpose of this section of rules;
o .0702: standards for assessment of a penalty can now be found in G.S.
130A-22(d);
o .0703: requirements are proposed to be moved to Rule .0103(g); and
o .0704 - .0706: in accordance with G.S. 130A-22(e), all requirements
regarding administrative hearings for a contested penalty for violations of
Article 9 and the stay of a penalty and waiver of a hearing are now provided
in G.S. 15013, the APA.
• Requirements in Rule .1301 can be found in G.S. 130A-131.10.
Pursuant to G.S. 150B-21.4(d), no fiscal note is required for the repeal of an existing rule;
therefore, this impact analysis does not address the repeal of these rules except where it
affects other rules discussed in this analysis.
BASELINE
The baseline for the proposed rule readoption package is the existing rules in 15A NCAC
13B; Article 1, Article 5, and Article 9 of Chapter 130A of the General Statutes; the facility
permits issued by the Division of Waste Management for these facilities; and any closure
letters or closure permits issued to sanitary landfills that closed prior to the effective date
of Rules .0531-.0547 and Section .1600, as applicable.

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In the absence of these rules, solid waste management is still subject to multiple federal
regulations and North Carolina general statutes. The existing rules contain multiple
references to these requirements for ease of review and/or information only, and the
proposed rules add additional similar and updated references for recent changes to
statutes, for ease of review and/or information only. Some examples of these referenced
regulations are as follows (this list is not comprehensive):
Federal Regulations:
The Clean Water Act
The Safe Drinking Water Act
The Endangered Species Act
Marine Protection, Research, and Sanctuaries Act
National Historic Preservation Act
40 CFR 61(M) for handling of asbestos
40 CFR 257 and 258
NC General Statutes:
For solid waste management: Chapter 130A Article 1 Part 2 and Article 9. Some of the
statutes in these articles that apply more directly to the rules discussed in this analysis
include G.S. 130A-17 through 20, 22 through 25, and 26.2; 130A-290, 130A-294, 130A-
295.2, 130A-295.3, 130A-295.5, 130A-295.6, 130A-295.8, 130A-301, 130A-303, 130A-
308, 130A-309, 130A-309.09D, 130A-309.10, 130A-309.25, and 130A-309.27.
For professional licensing: G.S. 89C, 89E, and 89F
Other NC Administrative Code:
15A NCAC 02B or Surface Water Protection
15A NCAC 02C for Monitoring Well Construction
15A NCAC 02L for Groundwater Protection
15A NCAC 04 for Sedimentation and Erosion Control
Note that 15A NCAC 02L .0106(d) regarding corrective action for groundwater protection
provides specific requirements for activities conducted under the authority of a permit
initially issued by the Department on or after December 30, 1983 pursuant to G.S. 143-
215.1 or G.S. 130A-294 that results in an increase in concentration of a substance in
excess of the standards established under 15A NCAC 02L .0202.

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PARTIES POTENTIALLY AFFECTED BY THE RULE CHANGES
Sections .0100 and .0200 apply to all solid waste managed in North Carolina, so the
parties affected by any rule changes could potentially be any person, business, or
government in NC that generates, transports, stores, handles, transfers, treats, disposes,
or in any way manages solid waste.
Rule changes to existing rules in Sections .0300, .0500, and .0600 could potentially affect
owners and operators of solid waste management facilities permitted by the Division and
regulated by the existing rules, and includes the permitted facilities listed below:
Rules .0301 and .0302:
• 95 Active Treatment and Processing (T&P) Facilities
0 35 Local government -owned
0 60 Privately -owned
Rules .0503, .0508, .0509, and .0510:
• 1 Privately -owned Incinerator Facility (for medical waste, also subject to 15A
NCAC 13B Section .1200)
Rules .0503 - .0505, .0510, .0601, and .0602:
• 15 Active Industrial Solid Waste Landfills (ISWLFs), all privately -owned
• 2 Active Tire Monofills, both privately owned
:�M0 WIX0692K1XW*
• 63 Active Land Clearing and Inert Debris Landfills (LCIDLFs)
0 8 Local government -owned
0 55 Privately -owned
• 104 Closed Land Clearing and Inert Debris Landfills
0 19 Local government -owned
0 85 Privately -owned
Rules .0510, .0601, and .0602:
• 31 Closed Construction and Demolition Landfills (C&DLFs) that are not
subject to 15A NCAC 13B Rules .0531 - .0547
0 27 Local government -owned
0 4 Privately -owned
• 89 Closed Municipal Solid Waste Landfills (MSWLFs) that are not subject to
15A NCAC 13B Section .1600
o 82 Local government -owned

LOW
o 6 Privately -owned
o 1 Federal -owned
• 25 Closed Industrial Solid Waste Landfills
0 1 Local government -owned
0 24 Privately -owned
• 2 Closed Tire Monofills, both privately -owned
Proposed new Rule .0208 and changes to Rules .0562 and .0563 could potentially affect
solid waste management activities that have historically not been required to obtain a
permit from the Division for solid waste management as follows:
Proposed New Rule .0208:
• 670 (estimated) Local government -owned collection or convenience centers
• 655 Temporary debris staging and reduction sites tracked by the Division as
pre -approved for six-month use following a disaster or emergency response.
A specific count of public vs. private operators is not available because, while
the Division keeps a database of the location and use of these sites, the
database does not directly track whether the operators are public or private
entities. The vast majority are operated by local governments or their
subcontractors, a small portion (between 50 and 100) of the sites are owned
or operated by private businesses, —15 are owned and/or operated by the NC
Department of Transportation (DOT), between 5 and 10 are owned/operated
by state universities, and 5 are owned/operated by the federal government.
Proposed changes to Rule .0562:
Beneficial fill activities — Under existing rule, a permit from the Division was
not required for this activity if the requirements of this rule were met. The
number of beneficial fill activities that have occurred under these requirements
is unknown since this activity is not required to be reported to the Division and
therefore is not tracked. These activities are mainly conducted by private
individuals, companies, and institutions to improve land use potential, and by
local, state, and federal government agencies and institutions for similar public
funded projects. Under existing rule, the Division would only become aware
of this activity if the Division received a complaint about someone conducting
this activity, or if the person conducting the activity chose to contact the
Division to ask whether they were required to obtain a permit.
Proposed changes to Rule .0563:
760 "Notified" (under 2-acre) Land Clearing and Inert Debris Landfills tracked
and inspected by the Division for compliance with Rules .0564 and .0566
(which they are required to comply with under existing rule) if/when the
required notification has been submitted to the Division. A specific count of
public vs. private operators is not available because, while the Division keeps
a database of these sites, the notification does not require the owner/operator

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to state whether they are representing a public or private entity or are a private
individual, and therefore the Division does not directly track whether the
operators are public or private entities. The vast majority appear to be
operated by private individuals or small businesses, and a small portion (-40
to 50) were owned and operated by the NC Department of Transportation.
IMPACT ANALYSIS
Section .0100 General Provisions
(a) Purpose of Existing Rules .0101 - .0106
This Section establishes definitions that apply to the rules in 15A NCAC 13B, the
applicability of the Subchapter, general conditions for solid waste management, and
general requirements for the storage, collection, and transportation of solid waste, and
for generators of solid waste. The requirements of this Section apply to the management
of solid waste throughout North Carolina, regardless of whether a permit is required to be
issued by the Division for management of solid waste; but do not apply to the
management of hazardous waste, with the exception of existing Section .0700, or to
inactive hazardous substance or waste disposal sites that operated prior to the 1982
institution of state permit requirements, under the authority of the North Carolina Inactive
Hazardous Sites Response Act (N.C.G.S. 130A-310 et seq). Requirements for the
management of hazardous waste are found in 15A NCAC 13A, and requirements for
inactive hazardous substance or waste disposal sites are found in 15A NCAC 13C. This
impact analysis does not address rules in Subchapters 13A or 13C.
(b) Description and Rationale for Amendments
(1) Rule .0101 Definitions
Proposed amendments to Rule .0101 include adding multiple definitions, or adding to
existing definitions, that apply to the rules for compost facilities in Section .1400 of the
Subchapter, including the following terms: aerated static pile composting, anaerobic
digestion, backyard composting and vermicomposting, compost, compost facility,
composting, composting pad, curing, digestate, foreign matter, in -vessel composting,
mulch, residues from agricultural products and processing, vermicompost,
vermicomposting, vermiculture, and windrow composting. Section .1400 was readopted
effective November 1, 2019; and added some new exemptions and requirements for
newer composting technologies, which meant the inclusion of some terms that needed
defining in rule. The definitions are being added to Rule .0101 instead of creating a new
rule specifically for definitions in Section .1400. Because the regulated community is
already familiar with these terms, and these definitions put into rule essentially what the
regulated community understands these terms to mean, and all of the requirements in
rules using these terms were included in rules that were already readopted in 2019, the
inclusion of these definitions now is not expected to have any impact on the
implementation or enforcement of the rules.
Although the definitions found in Article 9 of Chapter 130A of the general statutes have

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always applied to the rules in Subchapter 1313, the Division is adding a reference to the
definitions in these statutes for clarification for the regulated community. Where a term
was already defined in a statute or in another Subchapter, the Division is removing that
definition from this rule, or referring to the statute or other rule definition and providing
additional clarification. These terms include land -clearing waste, leachate, floodplain,
one -hundred -year flood, open burning, sharps, and yard trash.
Since Rule .0208 is adding permit exemptions for two types of facilities that have
historically been exempted by policy/practice, the Division is adding definitions for those
two facility types in this rule. The facilities are collection centers and temporary debris
storage and reduction sites. Additional information on these facilities is provided in the
discussion regarding proposed Rule .0208 below.
The Division is also proposing to pull some definitions that are in particular Sections of
the Subchapter into this rule so that they can apply to the entire Subchapter, which is
needed since the terms are used elsewhere in the Subchapter and have the same
meaning. These terms include industrial solid waste, hazardous waste, C&D solid waste,
licensed geologist, licensed soil scientist, licensed registered land surveyor, licensed
professional engineer, septage management facility, and soil.
Definitions for steam sterilization and blood products are being removed since they are
defined in Rule .1201, and the terms are only used in that Section. Transfer facility is
being revised to the term transfer station, since this is the term that was used in a recent
addition to statute for life -of -site permitting. Section .0400 is also being revised under a
separate rule package and fiscal note to also use the term transfer station to be consistent
with statute. Soil Group I is being removed since it is defined in Section .0800 and is only
used in that Section. Hazardous waste landfill facility and radioactive waste material are
being removed because the terms are not used in this Subchapter. Federal act and runoff
are being removed because the terms were only used a few times in the Subchapter and
where used, have been replaced by the definition itself.
The definition for explosive gas is being revised to mean any gas or mixture of gases in
a landfill gas that has the potential to be explosive under normal conditions. Technically
this expands the definition from meaning methane only. The Division included methane
and hydrogen sulfide as two examples, and at this time the Division is not aware of any
other explosive gases that are commonly generated from the decomposition of solid
waste. The intention of expanding this definition is mainly to ensure that the Division may
require that corrective measures be taken if hydrogen sulfide is being generated by a
construction and demolition debris landfill and having a negative impact offsite. The
definition for landfill gas is proposed to be added for clarification because the term is used
in the proposed amendments for the definition of explosive gas. The intent is to clarify
that any explosive gases detected at the facility would only be required to meet limits and
requirements for explosive gases in these rules if they are being generated from the
landfill itself and are found in landfill gas, and are not being generated by some source
unrelated to the landfill. These definitions are needed since the terms are used or have
been added in the various landfill rules during the readoption process, such as Rules

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0531-.0546 and Section .1600.
A definition for sanitary landfill is being added to refer to the definition in G.S. 130A-290,
which is somewhat vague, but also to clarify what that definition means in practical
application for these rules. It clarifies that municipal solid waste landfills, construction and
demolition debris landfills, and industrial solid waste landfills are all considered sanitary
landfills and must meet the requirements in the general statutes that are specifically for
sanitary landfills. The existing rules in Section .0200 made some general mention of the
fact that land clearing and inert debris landfills had lesser requirements than other landfill
types, but never definitively state that they are not sanitary landfills, whereas all other
types of landfills are sanitary landfills. Land clearing and inert debris landfills are not
considered to be sanitary landfills and therefore are not required to meet all of the
additional requirements for sanitary landfills in statute, since the waste type accepted is
not expected to have a negative impact on soils or groundwater and surface water. These
requirements are what the Division has been requiring in practice, but this has been
regularly misunderstood or required clarification by the Division in the past.
Note that the definition of an industrial solid waste landfill is also being revised to include
tire monofills. Tire monofills and industrial solid waste landfills are both required to comply
with the requirements in existing Rules .0503-.0505 and .0510, because they are both
solid waste disposal sites that are not are not subject to Rules .0531 - .0546 or Section
.1600, and are not incinerators. The only difference between the two in permitting and
enforcement is that they have separate annual permit fees in statute. The Division will
continue to charge these facilities the separate fees provided in statute, and issue permits
that will be specific to each facility and the type of waste they accept, as is the practice
with all industrial solid waste landfills. In general, most industrial solid waste landfills can
also be considered "monofills" since they are only used to dispose of one type or very few
types of waste generated by a manufacturing or industrial process.
Definitions for construction and demolition debris landfills, municipal solid waste landfills,
and also for incinerator are being added, since there were previously no definitions
provided outside of the rules that apply to these facility types, but the terms are used
multiple times in the statutes and in this Subchapter in other sections of rules. These
definitions are very basic and mainly point to the rule sets that regulate those facility types.
The definition for incinerator was copied from the same definition in the rules 15A NCAC
02D regarding air quality requirements for incinerators.
(2) Rule .0103 General Requirements
Rule .0103 is proposed to be revised to remove language that is no longer necessary or
applicable, and also to add some language in Paragraph (h) regarding administrative
penalties that is being removed from Rule .0703, which is being repealed as a part of this
rule -making. Existing Paragraph (d) regarding waste determination is not necessary
because the determination of whether a waste is hazardous is regulated by CFR and the
rules in Subchapter 13A. Permitted facilities, by rule and permit condition, can only accept
the types of waste they are permitted to accept, and are responsible for determining
whether waste brought to their facility is a type of waste they can accept.

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Proposed Paragraph (d) adds language for clarification of the language being removed
from the end of existing Paragraph (c) of this Rule, which gives the Division the ability to
prohibit the acceptance of waste that may contain an emerging contaminant or pathogen
from being accepted at certain facility types. This is intended to cover situations where
the contaminant or pathogen may be unknown or its effects unfamiliar and the Division
needs to time to determine if the permitted facilities can accept this waste without causing
or allowing harm. The existing language stated "Hazardous waste, lead acid batteries,
liquid waste, including used oil, regulated medical waste, and any other wastes that may
pose a threat to the environment or the public health, as determined by the Division, are
prohibited from disposal at a solid waste disposal site." The language was amended to
further clarify what the Division may consider to be "...any other wastes that may pose a
threat to the environment or public health." The proposed language also clarifies the
procedure the Division will follow to notify sites when it makes the determination.
The main intent is to clarify the existing language for compliance with the APA to remove
vague language. The Division views the clarified language to mean they have the ability
to temporarily redirect waste to a different facility that may have more restrictive
requirements for the handling of certain waste types, for example redirecting certain
wastes from a compost facility to a landfill if the compost process does not eliminate the
risks associated with the waste, or to redirect waste from an unlined landfill to a lined
landfill if the waste is found to create previously unknown risks to groundwater. Another
example would be to redirect waste from a landfill to a medical waste incinerator or
treatment facility if there is some added risk to the landfill from a new and persistent
pathogen. This is meant just to allow the Division time to determine or verify the risks, if
any, or to work with the generator and/or the solid waste facility to find a better way to
handle or generate the waste to remove or minimize the risks.
Paragraph (f) is being revised to refer to requirements in G.S. 143-215.54 and Session
Law 2000-150 regarding solid waste facilities in floodplains, and to clarify what is meant
by "new" facilities in that statute. The paragraph also attempts to resolve the issue of the
term that is used in that statute of "solid waste disposal facilities" since that is not a term
that is specifically defined in Article 9 (Article 9 uses the term "solid waste disposal sites").
(3) Rules .0102, .0104, .0105, and .0106
Rules .0102, 0104, .0105, and .0106 are proposed to be revised to remove language that
is not necessary or no longer applicable, for clarification, or to consolidate some
redundant language. Rule .0105 has only minor changes since this rule was recently
amended in 2017 to conform to requirements in Session Law 2013-413.
(c) Costs/Benefits by Entity
(1) Private Industry
The proposed definition for sanitary landfill clarifies the statute definition by putting into
rule how the Division has interpreted the statute definition in permit requirements and in
practice, and therefore is not expected to create any costs to private industry. It provides

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the benefit of clarifying to the regulated community what types of permitted facilities
qualify as a sanitary landfill and are required to meet all statutory requirements for sanitary
landfills.
Expanding the definition of explosive gases could impact C&DLFs and MSWLFs by
requiring that corrective measures be implemented if an explosive gas other than
methane was detected outside or required limits in those rules. These impacts were
discussed in the regulatory impact analysis for Rules .0531 - .0546 and Section .1600
that are also being readopted at this time. The only other rules in the Subchapter that
contain limits for explosive gases are Rules .0503 and .0563. Rule .0503 only states that
an industrial solid waste landfill shall be designed prevent explosive gases from
exceeding the stated limits. This consideration is only required if the waste proposed to
be disposed of in the landfill is expected to generate explosive gases, and most industrial
wastes are not expected to generate explosive gases, so the change to this definition
should not impact these facilities. Rule .0563 also requires only that the concentration of
explosive gases meet the stated limits, and does not specifically require monitoring of
explosive gases. In practice, LCIDLFs are only required to monitor for explosive gases if
an issue or exceedance is discovered, in which case they would have to implement
corrective measures. However, the waste disposed of in LCIDLFs is only inert debris
waste, which is not expected to generate any gases, and land clearing waste or yard
waste, which is not expected to generate any explosive gases other than methane.
Therefore, the change to this definition is not expected to impact these facilities.
The allowance for the Division to prohibit certain wastes for emerging contaminants or
pathogens is a clarification of the existing language in Paragraph (c) of that Rule, and
therefore is not expected to impose additional costs, and should only provide the benefit
of clarification on what types of waste the Division may determine will pose a threat to the
environment or public health, and the procedure the Division will follow if this is done. If
the Division were to take such an action, it may impose an unknown cost on permitted
facilities since it may mean they have to stop accepting a waste for which they were
collecting a disposal fee, but the costs may be offset by money saved having to mitigate
issues caused by receiving and handling or disposing of a waste that may cause harm.
The facility that may have more restrictive requirements or a more appropriate way of
handling the waste would receive a benefit in disposal fees likely equal to the funds lost
by the previous receiving facility. There may also be a cost to the waste generator if they
have to transport the waste to a facility with higher disposal fees, or that is a greater
distance from the generator. They may alternatively need to change their procedures for
waste generation to be able to return to using the original facility. The Division does not
expect these types of prohibitions or redirections to occur except on the rare and
unexpected occasion.
(2) Local Governments
Local governments may be impacted by the wording of the proposed definitions for
collection centers. The definition generally reflects what the Division and the regulated
community understand this type of facility to be, and what the Division has exempted from
permitting in practice. Since this term has never been defined in rule before, there may

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be some variations in how each local government runs or handles these sites, such as
who is able to operate or utilize the collection centers. Since the definition makes clear
what types of facilities qualify as a collection center, and proposed Rule .0208 exempts
these sites from permitting requirements, a local government will have to ensure that their
collection center meets the proposed definition to be exempt. Further discussion of the
costs and benefits for the permit exemptions for collection centers is provided below in
the discussion of proposed Rule .0208.
The allowance for the Division to prohibit certain wastes for emerging contaminants or
pathogens may impose an unknown cost on permitted facilities since it may mean they
have to stop accepting a waste for which they were collecting a disposal fee, but the costs
may be offset by money saved having to mitigate issues caused by receiving and handling
or disposing of a waste that may cause harm.
(3) State Government
The proposed amendments to these rules will provide a benefit to Division staff by
providing clarification for the regulated community, which may minimally reduce staff time
spent providing technical assistance on the statute and rule requirements. The allowance
for the Division to prohibit certain wastes for emerging contaminants or pathogens may
benefit Division staff and save staff time by preventing a situation where compliance
issues have been caused by receiving and handling or disposing of a waste that may
cause harm, and also saving staff time in attempting to get an executive order issued to
prohibit the waste when it is necessary.
(4) Public and the Environment
The proposed amendments to these rules will provide a benefit to the public by providing
clarification of the requirements for the regulated community, and by preventing potential
additional harm caused by emerging pathogens or contaminants.
Section .0200 Permits for Solid Waste Manaaement Facilities
(a) Purpose of Existing Rules .0201 - . 0207
This Section establishes the requirement for a permit for solid waste management
facilities and applicability, the basic requirements for permit application, basic
requirements for permit application review and permit approval or denial, recordation of
land disposal permits, and the issuance of permits for the life of the site for sanitary
landfills and transfer facilities. More specific requirements for permit application, review,
and issuance are found in other Sections of the Subchapter for the specific facility
operation types or waste types.
(b) Description and Rationale for Amendments
(1) Rule .0201 Permit Required
Paragraphs (d) and (e) were revised to clarify that septage management facilities and
compost facilities are not required to have both a permit to construct and a permit to
operate, since these facilities types generally do not require anything to be constructed,

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and this is how they are permitted in practice. Existing Paragraph (f) is proposed to be
removed because the Division is proposing to revise Rule .0563 to remove the allowance
for notification of a land clearing and inert debris landfill under two acres, therefore the
statement is no longer necessary.
The proposed addition of Paragraph (g) is a clarification and is being added to this rule
because it applies to all landfills permitted in accordance with the Subchapter. It clarifies
how a permittee will demonstrate compliance with the buffer requirements found in rules
regarding the siting of landfills, specifically Rule .0503 for ISWLFs, .0564 for LCIDLFs,
.0540 for C&DLFs, and Rule .1624 for MSWLFs. Having edge -of -waste markers is
important for landfills more so than other solid waste facility types since the waste is
buried, and the inspector would otherwise have no way to tell where the waste was
located on site to determine if the buffers were being met. This is a requirement that is
generally established by permit condition under existing rules and is being put into rule
for consistency in how it is worded and how it is enforced for all landfills. The language
also clarifies the minimum type of marker and distance between markers that would be
sufficient to demonstrate that the landfill meets the rule requirements for buffers.
Paragraph (h) refers to the statutory requirement to notify the Division of a change in
ownership, and clarifies that the previous owner will not be released from financial
assurance requirements until the Division issues a permit to the new owner, which means
the new owner has established financial assurance to replace the existing financial
assurance. The intent of this requirement is to prevent a facility with waste on site from
being without financial assurance if the new owner is not able to secure a required
mechanism in the required amount or obtain a permit to operate the facility. Under the
existing rules, this transition of ownership is unclear to industry and this amendment
provides the needed clarity to questions that have arisen from time to time, especially as
market share periodically shifts and private waste companies merge with or purchase
other companies and facilities. The Division currently operates by this procedure in
practice under existing rule.
Paragraph (i) is proposed to be added for clarification that all permits issued by the
Division are subject to review by the Division at any time. This clarifies that even though
sanitary landfills and transfer stations are not required to submit a permit renewal
application every five years due to life of site permit changes in statute, the Division still
has the authority to conduct a review of a facility permit and the incorporated plans for
compliance with the rules, in the same way that the Division has the authority to inspect
the facilities for compliance. The amendment does require the Division to provide 180
days of notice to the facility owner/operator of the review.
The Division is also proposing to add Paragraph 0) as information, providing clarification
that permitted solid waste management facilities are also subject to multiple requirements
in Chapter 130A, Article 1, Part 2 of the General Statutes and administrative code in 15A
NCAC 02B (surface water quality standards), 02C (monitoring well construction), 02L
(groundwater quality protection), and 04 (sedimentation and erosion control). These
references are beneficial because these existing requirements are not a part of Article 9,

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which is where most of the requirements for solid waste management facilities are found,
and the requirements are sometimes missed or overlooked, or their applicability is not
well understood.
(2) Rule .0202 Permit Application
Proposed Paragraphs (c) and (d) put into rule for clarification some additional types of
documentation that are required to be submitted with an application for a permit approval
to construct and a permit approval to operate to determine compliance with G.S. 130A-
295.2 and 295.3. This information is in addition to the specific information that can be
found in other Sections of the Subchapter as described in Paragraph (b). This information
is already required to be submitted by the Division for a permit approval to determine
compliance with G.S. 130A-295.2 and 295.3. The purpose of adding it into rule is to
ensure that these documents are submitted with the permit application upon first
submittal, instead of requiring Division staff to have to send out a request for the
information after the application is received, and wait for the information to be submitted,
which delays the permit approval.
The intent for this language is to make applicants aware of the requirement in the rules,
so that they will contact the Division while drafting the application to get clarification on
what is needed if it is unclear (such as the financial qualification information) so that the
final application is complete at submittal. The language in Paragraph (c)(2) has left some
flexibility for the Division to determine whether any information is needed for financial
qualifications, which is consistent with the statute requirement in G.S. 130A-295.2(d). If
the application is for an existing facility, or a familiar owner or operator that has other
existing permits from the Division, financial qualification information would generally not
be necessary. It may only be necessary if the applicant for a new facility, or the new owner
of an existing facility, is a business or person does not already have financial qualification
or financial assurance information on file with the Division.
Proposed Paragraph (e) puts into rule for clarification what the Division has historically
done in practice under existing rule. It allows an existing permitted facility that has timely
submitted a complete permit renewal application and associated fees to continue
operating while the Division reviews and processes their permit application, to avoid
disruption in service. This paragraph would generally only apply to facilities that are not
sanitary landfills or transfer stations; and therefore would not have a life -of -site permit,
such as treatment and processing facilities, compost facilities, septage management
facilities, land -clearing and inert debris landfills, and incinerators. It may also apply to an
existing sanitary landfill or transfer station with a life -of -site permit if the facility is required
to submit a new permit application by rule or statute, for example if there is a change in
ownership or a substantial amendment is required.
(3) Proposed New Rule .0208 Permit Exemptions
This rule also puts into rule what is generally being done by the Division in practice, by
providing exemptions from permitting for two facility types that have never been required
to obtain a permit by the Division. The purpose of adding these exemptions into rule is to
establish the criteria that these facilities must meet in order to be exempt from the permit

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requirement.
The requirements for a collection center are important to establish in rule to distinguish
these types of facilities from transfer stations permitted under Section .0400, since the
operation is similar, meaning they are locations where waste is dropped off to be
consolidated prior to being transported to or disposed of at a disposal facility. Since the
requirements for transfer stations that have historically been imposed via permit
conditions are currently being put into rule under a separate rule package, local
governments wanted to ensure that their collection centers would not in the future be
considered transfer stations that would be required to comply with the expanded set of
rules. The Division also wished to clarify the distinction between the two facility types, and
to acknowledge the existence of these facility types in rule so that the operators and the
public understand what they are, how they should be operating, and that they are exempt
from permitting only if they meet the specified requirements.
By acknowledging their existence in rule, the Division is also hoping to clarify that they
have the ability to take enforcement action against a collection center, because this has
been a point of confusion for the public and the operators in the past. The Division has
this authority under existing rules; and could find a collection center in violation of the
general rules for the generation, storage, and transportation of solid waste in Section
.0100, but generally would only do this if complaints were received. Also, technically if the
operation expanded to became too similar in nature to a transfer station, the Division
could find them in violation of Rule .0201 for the requirement to obtain a permit for such
activities, but such a violation has never been issued by the Division to date.
The Division has not routinely inspected collection centers because the workload is too
great for the existing number of Solid Waste inspectors, and priority for inspections is
given to permitted facilities. Also, some collection centers are located at a site with a
permitted landfill or other permitted facility, and could be viewed or inspected in passing,
but were generally not included in the inspection reports unless an issue was observed.
These procedures will generally not be changing under the proposed rule if it becomes
effective, except that the Division can now more directly cite the requirements of Rule
.0208 for a violation if a complaint is received.
The vast majority of collection centers are spread across rural counties throughout the
state to offset the lack of curbside collection services, for both waste disposal and
recycling, that is provided or available to residents in more urban areas. The Division
understands the importance of these sites to local governments and the Division for
reducing illegal dumping by ensuring proper management of waste and increasing
recycling rates, and wants the rules to ensure they will not be required at some later date
to take on the costs of permitting or other regulatory burden.
The purpose of adding requirements for permit exemption for temporary debris storage
and reduction sites is to make the requirements for these temporary storage and
reduction locations consistent, transparent, and easily accessible, not only to the local
governments that operate them, but also to any subcontractors the local government may

Anti
hire to operate them, who are often from out of state and will leave town once the site
clean-up is complete. The Division also wants requirements to be clear to the public in a
quickly accessible way after a storm event so they understand what the purpose of these
sites are, and who may utilize them, since the public can mistake these sites as a location
where they can dump their personal household debris from the storm clean-up, instead
of taking it directly to a landfill.
Most importantly, the Division wants the requirements to be clear and accessible to FEMA
staff who are reviewing requests for public assistance following a federally declared
disaster or emergency that is eligible for FEMA reimbursement. In the 6 to 12 months
following a disaster event, FEMA staff are in regular contact with Division staff to clarify
or verify whether debris was handled in accordance with State requirements, and also
whether the sites used to store debris were reviewed by the Division for compliance with
federal regulations, mainly the Clean Water Act, the Safe Drinking Water Act, the
Endangered Species Act, the Marine Protection, Research, and Sanctuaries Act, and the
National Historic Preservation Act. If the storage sites or handling of debris are found to
be in violation of any state or federal regulations, FEMA may deny reimbursement of
funds requested for debris clean-up.
Following Hurricane Fran, Executive Order 104 was issued in 1996 that established a
disaster recovery task force and disaster recovery center. Session Laws 1999-163 and
2005-1 following Hurricane Floyd and multiple other hurricanes established additional
funding and provisions for hurricane response in NC. As a part of the Division's disaster
preparation, the Solid Waste Section established a database of sites that Section staff
have reviewed for compliance with the above -mentioned federal acts, and general
requirements and buffers for solid waste storage and grinding operations for vegetative
and demolition debris. These pre -approved sites are given a site number, and can be
used by the local government following a storm event or other emergency for debris clean-
up by simply notifying the Division via a quick phone call or email that they are using their
pre -approved site(s) for that storm. This allows the Division to check on the site and
ensure that the waste is being properly managed and taken for disposal or reuse within
6 months, so that the site does not end up becoming a nuisance or a solid waste dump
site without a permit.
Division staff track which sites are "activated" after a storm in the database, and then also
track when sites have been cleaned up or "deactivated". The Division also provides an
interactive map in ArcGIS online on their public -facing webpage of the sites that have
been activated, and updates another map of all pre -approved sites that may be used after
a storm, which is accessible by local governments in the web -based emergency
operations center, and by FEMA staff. The map of pre -approved sites allows FEMA staff
to ensure that a site mentioned in a public assistance application as a location where
debris was stored is a site that the Division has pre -approved. However, there are multiple
variables that may need to be considered, either where a site has not been pre -approved,
or when debris was handled in a questionable way, where FEMA staff are contacting the
Division for guidance. Providing the requirements for these sites in rule will provide some
much -needed guidance for FEMA staff to expedite the processing of the reimbursement

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applications; and allow the Division to provide consistent guidance from one event to the
next.
North Carolina is often viewed as a regional and national leader in this area of disaster
preparedness and response by EPA and FEMA. Having these requirements officially in
rule continues to benefit the state by allowing our local governments to quickly move to
recovery efforts that help ensure federal assistance in a manner that reduces the financial
burden that would otherwise fall on state or local -level funding.
(c) Costs/Benefits
The proposed amendments to Rules .0201 and .0202 are putting into rule what is being
done in practice by the Division under existing rule, and are not expected to have any
impacts other than the benefit of clarification for the regulated community, which may
reduce time spent by the regulated community and Division staff in technical assistance
discussions.
The proposed amendments to Rules .0203 and .0207 are for clarification, technical
correction, or updates to information only, and the only impact expected is the benefit of
clarification for all parties.
Proposed new Rule .0208 may have the impacts described below by entity:
(1) Local Governments
The definition provided for collection centers in the proposed amendments to Rule .0101,
and the requirements for permit exemption in proposed Rule .0208 may impact a handful
of local governments that operate a collection center by causing them to have to revisit
or revise their operating policies. The proposed language should not generally change
the types of waste that are able to be collected at a collection center. The proposed list
of prohibited wastes was written to match the types of waste typically prohibited by current
practice from collection centers, because they are prohibited from disposal at the landfills
that will receive waste from the collection centers. However, for a few centers the
definition may change who they are able to accept waste from, because the waste stream
for those generators is categorized as "commercial waste". For example, if a local
government has historically allowed small businesses or non-profit organizations to drop
off solid waste at their collection center, but the definition now says it can only be for use
by individual households, this excludes businesses and non-profit organizations. The
impact will be that the local government would have to change their policy to no longer
allow businesses to bring that commercial waste to the collection center, which means
the small business will have to pay tipping fees to dispose of their solid waste at the landfill
directly, or at a permitted transfer station.
Collection centers are generally established to replace or compensate for the absence of
local residential garbage collection in the more rural areas, outside of municipal limits.
Their intent is to collect waste by having local households transport their waste to the
collection center, instead of the local government picking up the waste from households
and transporting it to a collection point as they might do within the municipal limits. The

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reason the Division does not require a permit or permit fees under existing rule for
collection centers is because they are not intended for the collection of the types or
volumes of waste that are generally associated with commercial waste, and they are
meant to be a benefit to individual households and local governments.
For the Division to be able to state in the rule that commercial waste can be accepted,
the language would need to very clearly define the specific amounts and types of
commercial waste that could be accepted, to prevent the rule exemption from becoming
a loophole for the disposal of commercial waste. Also, it would be very difficult to
determine what an acceptable amount of commercial waste would be, since that would
depend entirely on the site -specific conditions. Since it would be very difficult to narrow
the requirements on this waste stream to be acceptable at these smaller locations, the
Division determined that the better course of action is to simply clarify that the commercial
waste stream is excluded from collection centers. This topic came to light during the
stakeholder process, when some stakeholders with collection centers indicated that they
may offer recycling services to some small businesses and non-profit organizations.
Because of this, it is important to note that this change in the definition and the new rule
language do not prevent collections centers from accepting recyclables from small
businesses or non-profit organizations to assist those entities and help increase recycling
rates in those communities, thus reducing the need for landfill disposal. This change only
prevents the acceptance of commercial waste intended for disposal at collection centers.
If this scenario did occur, the assumption is that if a local government were allowing a
small business to deliver waste to a collection center, the local government is disposing
of the waste at a local landfill that they own or operate and therefore are not paying a
disposal fee to dispose of it (which would have included the statute -required disposal tax),
and by extension are not charging the business a disposal fee at the collection center;
thus passing this cost burden indirectly on to their residents and local budgets. Whether
they are charging the small business a disposal fee to drop it off at the collection center
or not is unclear and would be at the discretion of the local government. Disposal fees
can vary greatly depending on the facility and the type of waste, but on average range
from $30 to $70 per ton with a few outliers. Some facilities may charge per truck load or
other unit of measurement. It is difficult to estimate the statewide impact since the Division
is not aware of all of the current general policies of collection centers since they have not
been permitted by the Division, and would not be able to estimate how much waste from
small businesses would be diverted to permitted facilities. The benefit to the permitted
facilities receiving the diverted waste would be at least as much as the cost to the
businesses disposing of the waste. The permitted facility that receives the waste could
potentially be owned by the same local government that had to turn them away from the
collection center, which could result in a net benefit to that local government.
The alternative option, if the local government had such a policy and did not wish to
change it, would be for the local government to obtain a transfer station permit from the
Division, if the site location met the requirements for the siting of a transfer station. In this
option they would be paying the annual permit fees for a transfer station in accordance
with G.S. 130A-295.8(dl)(11) or (12), and the permit application fee in accordance with

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(d2). Since the collection center would likely fit into the smaller of the two categories for
permit fees in statute (less than 25,000 tons/year), the annual fee would be $1,500,
meaning the one-time application fee would be $150 (10% of the annual fee amount).
They may also have to pay a consultant or use an employee's time to prepare a permit
application. If a consultant were utilized, there may be a minor benefit to the consultant
from any profit margin built into the hourly rate they would charge.
The time or cost to prepare the application, the application fee, and the first annual fee
might be incurred within the first year after the rules are effective if the local government
submits the application to the Division within the first year, but the Division would not
necessarily be taking enforcement against a local government that did not do so
immediately, since the Division does not inspect these facilities under existing rule, and
does not intend to begin inspecting these facilities under the proposed rules. Any
enforcement action by the Division would most likely be driven by complaints received.
Conversely once the facility is permitted, the local government could charge a disposal
fee to dispose of waste at the new transfer station to recoup money spent on permitting
fees, and the cost would be transferred to whomever brings waste to the transfer station.
The Division does not expect this scenario of a collection center becoming a permitted
transfer station to occur.
The proposed definition of temporary debris storage and reduction sites (TDSR) in Rule
.0101 and the proposed requirements for TDSRs in Rule .0208 may benefit local
governments by providing clarification of the requirements for these sites, and by making
their existence more transparent to all public officials. While county governments are often
familiar with the need for and purpose of establishing TDSRs for their own benefit,
municipal government staff are less familiar with the fact that there are federal and state
requirements for handling of debris, or that FEMA will be verifying compliance, because
they are less likely to be involved in the general business of waste management. They
also often have staff turnover between events where knowledge obtained during the last
storm event is not carried forward to newer staff or officials.
Also, disaster recovery businesses are often subcontracted by local governments to
conduct debris clean-up on behalf of the local government. These businesses usually
come in from out-of-state after a storm event, provide cleanup services for multiple
counties and municipalities, and leave the state when their part of the clean-up is
completed. Providing the requirements for TDSRs in rule will provide the benefit of making
them more clear, accessible, and quickly and easily shared with county, municipal, and
subcontractor staff during the recovery period after a storm event, saving time spent in
technical assistance for all involved. It may also assist local governments in writing up
their disaster recovery plans, if they can simply state that their debris sites will be operated
in accordance with Rule .0208; and provide a few more site -specific details.
(2) Private Industry
The proposed new rule is not expected to impose any costs on permitted facilities owned
by private industry since it is putting into rule what has been done in practice by the
Division under existing rules. The rule may provide a benefit to private industry -owned

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facilities if the definitions in Rule .0101 or the requirements for collection centers in Rule
.0208 cause any local governments to have to change their operating policies at their
collection center to no longer allow businesses to dispose of waste at the collection
center, and the business chooses to dispose of their waste and pay tipping fees at a
permitted facility owned by private industry. Since it can't be predicted whether or not this
will occur, or how often, the benefit cannot be quantified, but the cost to the small
businesses disposing of waste would be equal to the benefit to the private industry -owned
solid waste facilities.
(3) State Government
Proposed Rule .0208 will provide a benefit to Division by saving time spent providing
technical assistance to the local government staff, their subcontractors, and FEMA public
assistance and site review staff on the requirements for collection centers and TDSRs.
The amount of time the Division's Solid Waste Section staff alone spend just on technical
assistance in the year following a hurricane event may collectively be between 500 and
1,000 hours. This does not include the time spent reviewing, approving, tracking,
activating, and deactivating TDSRs which may add around 2,500 to 4,000 hours in one
year. The proposed rule will not eliminate all of this time, or even the majority of it, but
any reduction in time spent is beneficial to all involved in recovering from the storm and
getting back to day-to-day tasks.
(4) Federal Government
Proposed Rule .0208 will provide a benefit to FEMA staff by saving time spent contacting
the Division to obtain guidance on state requirements for handling of storm debris and
requirements for TDSRs when reviewing applications for public assistance for
compliance.
(5) Public and the Environment
Proposed Rule .0208 will provide a benefit to the public and the environment by making
requirements for collection centers and TDSRs clear and accessible, by establishing the
types of waste allowed to be accepted at these facilities in rule to prevent wastes that
may cause environmental harm from being collected on the ground, or kept on site for
extended times. The rule also puts into rule the buffers used in practice by the Division to
roads, residences, wells, and property lines for waste storage and processing at TDSRs
for protection of the environment and the public. TDSRs would also create the benefit of
making the allowance for establishing TDSRs more transparent to smaller municipalities
and rural areas. If the Division can increase awareness of these sites through rules, it
may prevent some of the illegal dumping that occurs after a storm or other disaster.
If the proposed rule causes a local government to stop allowing small businesses and
nonprofits to dispose of waste at collection centers, this increases the risk that the
generator might dispose of the waste illegally instead of having to pay a disposal fee.
This might increase the risk of waste exposure to the public and the environment if the
dumping is not quickly reported or discovered by the local government or Division
enforcement staff.

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Section .0300 Treatment and Processing Facilities
(a) Purpose of Existing Rules .0301 -.0302
This Section establishes the general permit application and general operational
requirements for facilities that either treat or process solid waste. This Section is generally
applicable to facilities that are required to obtain a permit to manage solid waste in some
manner other than for land disposal, incineration, or as a transfer facility, and could be
thought of as the "other" category for facilities that do not fit into other more clearly defined
solid waste categories, and conduct some other type of material management. Note that
treatment and processing facilities have permits that are valid for five years and are not
for the life -of -site like transfer stations.
One example would be a facility that receives waste, sorts through it to separate waste
from recyclables, transports the waste to a disposal facility, and transports the recyclables
to a recycling facility. This activity is not a landfill or a disposal activity, but it is also not a
transfer station since it is not simply consolidating waste into larger vehicles for
transportation to a disposal facility. It is conducting a processing and sorting activity at the
site and handles both waste and recyclables, so it would fall under the treatment and
processing facility category and be subject to this Section. Facilities permitted under this
Section can also be subject to requirements under other Sections of Subchapter 13B,
such as Section .1100 for collection and processing of scrap tires, or Section .1200 for
medical waste management and treatment.
(b) Description and Rationale for Amendments
This rule section is being revised to have language and structure similar to other Sections
within this Subchapter being made during readoption, such as adding into rule some
minimal siting and closure requirements, and clarifying the information required to be
submitted in site and operational plans in a permit application. Changes also include
updates to information or technical corrections, and changes to comply with the APA. The
Division intends to further develop and amend these rules to accommodate and be
applicable to the ever-growing list of facilities for other types of material management
such as recycling, reduction, recovery, and processing of various wastes.
(1) Rule .0301 Application Requirements (existing rule title)
Paragraph (a) - Siting Requirements: The proposed siting requirements are being added
to be consistent with similar requirements for other facility types in Subchapter 13B, and
with requirements in federal regulations, general statutes, and other rules for the
protection of water, historic sites, nature preserves, and endangered species as
mentioned above in the discussion of the baseline. The requirements are also being
added for clarification to potential permit applicants so that they are aware that these
factors need to be considered before deciding on a location for a site.
Paragraph (i) of this Rule provides an exemption from the siting requirements for existing
sites that do not expand outside their existing building, structure, and waste handling area
footprints, since they would not necessarily have been constructed in accordance with
the new siting requirements. Therefore, the new siting requirements do not require any

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changes to those existing sites. The proposed language states that those existing sites
will be required to comply with the new rule requirements, except that buildings,
structures, and waste handling areas constructed prior to the effective date, and any
replacement or modifications made to the structures after the effective date of the Rule
shall not be required to comply with the new siting requirements. This language should
allow an existing facility to remain in place without being considered "out of compliance"
with the new siting requirements by the Division, and will not prevent the existing
structures from being modified or replaced within their existing footprint in the future.
The Division is proposing to exempt these existing facilities since they were already
constructed and have been operating, and it is not the Division's intention to have existing
facilities be required to close if their location does not meet new siting requirements. The
intent of the new siting requirements is to regulate the location and design of new sites
proposed for permitting and is not expected to have an impact on the siting or the overall
original design of existing sites.
The proposed rule also includes references to multiple existing federal regulations,
general statutes, and other rule requirements, for the purpose of making clear that these
requirements do apply, and have applied under existing rule, to these sites. Since the
requirements in Subparagraphs (a)(1) through (a)(5) are for the most part only referring
to other regulations, or are intended to prevent non-compliance with other rules and
regulations, such as requiring that sites not be located in the 100-year floodplain to
prevent non-compliance with existing Rule .0103(e), these siting requirements are not
changing expectations for future sites from what is currently expected in practice.
The buffer requirements proposed in Subparagraph (a)(6) are being added to be
consistent with similar buffer requirements for the other solid waste management facility
types in Subchapter 13B, and for the protection of surface water, drinking water, and
adjacent property owners (for fire hazards, littering, and windblown waste). This proposed
requirement would apply to the siting/location of future sites and would also apply to
expansions of existing site buildings/structures or waste handling areas, outside of the
existing permitted footprint, since an expansion is not exempted from the buffer
requirements by Rule .0301(i). The Division has, in practice, or to comply with local zoning
ordinances, generally requested or required 50 to 100-foot buffers before issuing a permit
to construct, and so likely would have done the same in practice for future sites if the
proposed rules were not adopted. The Division has also allowed reduced buffers via
permit condition or site plan where it may be logical to do so because of site -specific
conditions, engineering, or topography; and the proposed rule still allows the Division to
make exceptions via permit condition for the proposed buffer requirements if needed.
The proposed language may require that site plans for a new site, if already prepared, be
revised to comply with the buffer requirements, or may require that a planned site be
moved to a new location or parcel. The proposed language may also require that
expansion plans for an existing site be revised to comply with buffer requirements or
abandoned if the location does not allow for compliance with buffer requirements. It is

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likely that the Division would have required a revised plan and drawings or the selection
of a new location to accommodate these buffers under existing rule also.
Any future sites planned for construction that have not received a permit to construct prior
to the readopted effective date of the rule will be required to comply with the proposed
buffer requirements, unless the Division allows for reduced buffers in the permit
conditions based on site -specific conditions, engineering, or topography.
Paragraphs (b), (c), and (d) — Application requirements: The permit application
requirements in existing Rule .0301 are notably limited in comparison to existing rules for
permit application for most of the other solid waste management facilities in Subchapter
13B. The rule only requires that the applicant submit a site plan, an operational plan, a
letter of zoning approval, and "any other information pertinent to the proposed facility",
but gave no indication of the type of information required to be included in the two plans,
or what was meant by any other pertinent information, which allowed the Division flexibility
in determining what information was required in the application. The permit application
requirements will apply to new facilities, but also to existing facilities when they submit an
application for permit renewal every five years, because their permits are only valid for
five years. Currently the Division receives an average of approximately 1 to 2 permit
applications for new treatment and processing facilities per year, but this is not consistent
from year to year. The Division also receives an average of approximately 4 to 8 permit
renewal applications (including five-year renewals, amendments, and modifications) for
these facilities per year.
In practice, the Division has utilized internal policies based on experience over time to set
the application requirements for these facility types since rule promulgation. While internal
policies have made the requirements generally consistent overtime, the lack of specificity
in rule allows the potential for variation in requirements depending on the Division staff
that are reviewing the permit, especially in the finer details. The proposed changes clarify
in rule what the Division has generally required for a permit approval in practice to make
the application requirements consistent between staff and over time.
Paragraphs (e), (f), (g), and (h) add some basic information and references to other rules
for clarification. The added procedures for permit modifications reduce the burden for
owner and operators and the Division by putting into rule what is done in practice of
allowing owner and operators to modify their plans by submitting the revised pages for
review and approval, instead of having to resubmit an entire permit application and all of
the plans.
(2) Rule .0302 Operational Requirements (existing rule title)
Paragraph (a) contains clarifying changes and technical corrections and adds references
to other applicable rules that already apply under existing rule. It also puts into rule a
permit condition requiring that the owner or operator 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. This language is consistent with other rules in the Subchapter and
the requirement is already being done in practice and/or enforced by permit condition.

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Paragraph (b) adds basic closure requirements to be consistent with the same changes
being made to other rules in this Subchapter during the readoption process. Since existing
rule did not include any mention of closure requirements, the Division in practice has been
including the requirements in permit conditions or issuing some type of letter or other
written communication providing similar closure requirements near the time of closure.
The owner or operator would already be inclined to provide notification in writing to the
Division that they intend to terminate a permit and that they have completed closure of
the facility, because they would want to ensure that the Division does not issue an invoice
for the annual permit fee for the upcoming year; and so that the Division can release them
from any financial assurance requirements, if they exist (depending on permitted
activities). The Division also already conducts an inspection under existing rule and permit
conditions to ensure that no waste has been left on the property, as they would have
under existing rule for general compliance and enforcement when provided notice of site
closure. The requirement to remove all waste from the site is not technically a new
requirement, because under existing rules if the permit was terminated/not renewed, but
waste remained on the property after permit expiration, this would be a violation of existing
Rule .0201(a), (b), or (c), and the Division would issue a notice of violation on that basis.
The deadline for removal of waste from the site and the notification to the Division that
the site has been closed may be considered new if the permit did not already provide
such deadlines. The main intent of establishing a deadline from the Division's perspective
is to ensure that the closure process does not stretch out unnecessarily long, and to avoid
uncertainty of when it is appropriate to require clean-up through enforcement procedures.
Also, if the site were storing or processing recovered materials generally intended for
recycling or reuse, these materials are required by existing statute to have been
removed/reduced by 75% within a year of receiving, so storage of recovered material
should also be minimal.
(c) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
Because existing sites are exempt from the new siting requirements in Rule .0301(a), and
the proposed requirements reflect what the Division would likely have required of a new
facility for site and permit approval even if the rules were not amended, the proposed
amendments are unlikely to impose an additional cost on new or existing private industry
and local -government owned facilities. Having these siting requirements in rule may
provide the benefit of clarification for owners and operators in the future during the
process of siting/designing and securing funding for a future site and may help avoid time
wasted drafting plans on a property that may not meet required criteria. It may also require
facilities that have planned future facilities but have not yet applied for or received a permit
from the Division to have to revise their waste handling areas in the application, or even
in rare cases select a new location. Since the Rule allows the Division to state revised
buffers in the permit, this may allow some flexibility with the buffers for planned future
sites.

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Since the closure activities for these sites in general are minimal as compared to other
solid waste management facilities such as landfills, the Division expects that a deadline
of six months to complete closure is more than enough time for a typical site that was in
compliance with existing rules and their permit requirements, and will not create any
additional cost or burden to the owner/operator. Such a deadline, or a shorter deadline,
may also have already been stated in the permit or operational plan under existing rule.
Clarification of the timeframe and expectations for notification and for closure is expected
to increase compliance and may provide a benefit to local government owners/operators
when attempting to schedule and secure funding for closure.
If a site did have to make some changes to their planned closure procedures as a result
of the proposed rule, this may require that their operations plan be revised to reflect the
change. Since proposed Rule .0301(h) allows these plans to be updated by simply
submitting the revised pages of the plan for approval, any cost for a revision would be
minimal.
Because the proposed language in Rules .0301 and .0302 only clarify what the Division
requires in practice under existing rule, or other federal and statutory requirements, no
costs are expected to private industry and local -government owned facilities. There may
be a minor benefit of clarification through references to other existing rules and
requirements, or from the closure requirements, general updates, examples, and removal
of unnecessary language in Rule .0302. Adding the information required to be included
in the site and operational plans will provide a benefit of reduced time spent contacting
the Division staff for guidance and may prevent delays in the permitting process.
(2) State Government
Because the proposed language in Rules .0301 and .0302 only clarify what the Division
requires in practice under existing rule, or other federal and statutory requirements, no
additional costs are expected for state government. Division staff already conduct regular
inspections and closure inspections by permit condition or policy, and the frequency of
inspection and enforcement is not expected to change as a result of the amendments.
Putting the siting and application requirements into rule provides a benefit to Division staff
in potentially reducing the amount of time spent by Division permitting staff providing
guidance, technical assistance, answering questions, and reviewing multiple revisions to
applications from applicants due to the requirements being generally difficult to locate or
review. These changes will hopefully expedite the permitting process. The existing rules
provide very little of the true requirements for these facilities, and the majority of
requirements are found in individual permits, site plans, and operational plans. Having
these requirements in rule will also provide a benefit to Division inspection/enforcement
staff in reduced staff time spent providing technical assistance and guidance on
complying with existing federal regulations, general statutes, other rules, and local
ordinances; and in attempting to apply enforcement consistently to sites that may not
have consistent requirements, or that may not be able to be consistently located. There
may also be a minor benefit of clarification to Division staff through references to other
existing rules and requirements for their ease of review.

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(3) Public and the Environment
Having these requirements in rule will provide a benefit to the public by clarifying
requirements for these facilities, and having all of the common application requirements
for all treatment and processing facilities in one location that can easily be linked to from
the Division website, instead of having to search for permits and plans for individual
facilities to find their requirements as described above.
Section .0500 Disposal Sites
(a) Purpose of Existing Rules .0503 - .0505, .0508 -.0510, and .0562 - .0566
This Section was originally promulgated in 1982 to apply to "solid waste disposal sites",
defined in G.S. 130A-290(a)(36), including sanitary landfills and incinerators, which were
the only categories of disposal sites that existed at the time of promulgation. Rule .0503
established siting requirements for all disposal sites. Rules .0504 and .0505 established
the application and operational requirements for sanitary landfills. Rules .0508 and .0509
established application and operational requirements for incinerators. Rule .0510
established facility closure requirements for all disposal sites. Rule .0562 was
promulgated later, in 1993, and established requirements for beneficial fill activities for
waste that is exempted from the requirement for landfill disposal under G.S. 130A-294(m),
for example filling in a low area of a property with used asphalt to bring the low area up
to the surrounding grade. Rules .0563 through .0566, also promulgated in 1993,
established siting, application, and operational requirements for land clearing and inert
debris landfills, which are only able to accept yard waste and inert debris waste. Yard
waste and inert debris waste are not expected to be a source of groundwater
contamination, and therefore do not need to meet the same requirements for sanitary
landfills such as base liners, leachate collection, and environmental monitoring.
Note that while existing rules and statutes do not specifically state whether or not a land
clearing and inert debris landfill (LCIDLF) falls under the category of a sanitary landfill,
and the statutory definition of sanitary landfill does not clarify this either, there are general
exceptions to many of the requirements for sanitary landfills throughout the statutes and
existing rules, including the exception in G.S. 130A-295.60) which excludes them from
complying with that statute for "Additional requirements for sanitary landfills", and some
other exceptions in existing Rule .0201. There is also past case law where the judgement
determined that a land clearing and inert debris landfill was not subject to the same
requirements as sanitary landfills. As mentioned above in the discussion regarding Rule
.0101, the Division is proposing to add to Rule .0101 a reference to the definition of
sanitary landfills in statute, with the clarification that LCIDLFs are not sanitary landfills,
but that municipal solid waste landfills (MSWLFs), construction and demolition debris
landfills (C&DLFs), and industrial solid waste landfills (including tire monofills) (ISWLFs)
are sanitary landfills.
Because the state and federal requirements for different types of sanitary landfills have
changed over time, the applicability of Rules .0503, .0504, .0505, and .0510 have also
changed, even though the rules have not been revised since those changes were made.

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In 1993 the US EPA enacted 40 CFR 258 for the regulation of MSWLFs, and the Division
promulgated the rules in Section .1600 to obtain permit program approval for MSWLFs.
Section .1600 established separate siting, design, application, operation, and monitoring
requirements for MSWLFs. Any MSWLFs that were permitted or accepted waste after
October 1993 were required to comply with Section .1600. Any existing MSWLFs that did
not receive waste after October 9, 1993 and were eventually closed soon after did not
generally have to comply with Section .1600, but still had to comply with Rule .0510 for
closure, the conditions of the permit and associated closure plan, and any closure
conditions stated in the closure letters issued by the Division. The closure letters generally
included conducting monitoring during post -closure for groundwater and surface water in
accordance with Rules .0601 and .0602, conducting explosive gas monitoring, and
complying with 15A NCAC 02L.
The remaining rules of Section .0500 not mentioned above are Rules .0531 through
.0547, which were promulgated in 2007 to establish separate siting, design, application,
operation, monitoring, and closure requirements specifically for sanitary landfills that
accept only construction and demolition debris (C&DLFs). These rules generally mirror
the MSWLF rules with some exceptions. Because of their similarity to the MSWLF rules
in Section .1600, Rules .0531 through .0547 pertaining to construction and demolition
debris landfill facilities are being addressed as a part of separate rule packages in
combination with Section .1600 (note Rules .0546 and .1628 are addressed in a rule
package pertaining to financial assurance requirements for solid waste management
facilities), and the impacts of any changes to Rules .0531 - .0547 are addressed in the
fiscal notes for these other rule packages. However, similar to the MSWLF rules
discussed above, if a C&DLF closed prior to June 30, 2008, they were not required to
comply with Rules .0531 - .0546, but instead had to comply with Rule .0510, the
conditions of the permit and associated closure plan, and any closure conditions stated
in the closure letters issued by the Division. The closure letters also generally included
conducting monitoring during post -closure for groundwater and surface water in
accordance with Rules .0601 and .0602, conducting explosive gas monitoring, and
complying with 15A NCAC 02L.
Based on the above regarding the MSWLF rules and C&DLF rules, any changes to Rules
.0510, .0601, and .0602 may affect these types of closed landfills that are not subject to
Rules .0531 -.0547 and Section .1600, in addition to affecting ISWLFs.
(b) Description and Rationale for Amendments
In general, because these rules were originally effective in 1982, many of the
amendments are intended to update rule language, comply with the APA, or revise it to
be consistent with the wording and labeling used for other sanitary landfills and facilities
in this Subchapter, and to be consistent with or refer to statute requirements.
Rules .0503 - .0505 Proposed to Apply Only to Industrial Solid Waste Landfills (ISWLFs)
(1) Rule .0503 Siting and Design Requirements for Disposal Sites (existing rule title)

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Proposed amendments for Rule .0503 include a clarification that this siting rule now only
applies to ISWLFs and do not apply to new incinerators, or to new C&DLFs or MSWLFs.
The requirements for new incinerators were added to Rule .0508. New C&DLFs and
MSWLFs have been required to comply with the siting and location requirements in Rules
.0536, .1618, and .1622 since the effective dates of those rules. The requirements in
existing Rule .0503(1)(a) and (b) are proposed to be replaced with similar requirements
in Paragraph (a)(1) through (4) that have been reworded. This language is being revised
during the readoption process throughout the Subchapter for consistency and
clarification, and to directly reference the state and federal regulations they pertain to.
The requirement in proposed Paragraph (b)(4)(A) was revised to replace the language
with a reference to the statute containing the same language.
Proposed Paragraph (b)(4)(B) was revised for clarification. In existing rule, the applicant
was given the option to either submit a liner design or submit a demonstration to that
groundwater will be protected, and then Item (2)(d)(iii) states "The Division reserves the
right to require an applicant to submit a liner design if the groundwater protection
demonstration is Sub -item (ii) in of this Paragraph is not satisfactory." As this language
was confusing and vague, and further clarification was needed regarding how the Division
would determine what was satisfactory to comply with the APA, the language was revised
to say that a liner was required, and Part (C) states that an applicant could submit a
request and demonstration to be exempt from this requirement. The proposed language
describes the procedures for the request and the factors considered for approval. This
should not technically change the procedures in practice, but only provide clarification on
how the process works.
Proposed Paragraph (b)(5) adds flexibility for the Department and local governments to
approve open burning, which may be helpful following a storm that generates excessive
vegetative waste.
Proposed Paragraph (b)(6) is being revised to increase the buffer area between the
disposal area and property lines from 50 feet to 200 feet. The purpose of this change is
to update the buffers for ISWLFs to be consistent with the existing buffers for other
sanitary landfills (C&DLFs specifically). The amendment makes an exception for existing
ISWLFs, so the change will only apply to new ISWLFs. However most existing ISWLFs
would already meet the increased buffer by permit condition or by coincidence because
most are located on the property of an industrial facility, which generally have large
parcels and room for larger buffers. Because they are generally on larger parcels, future
industrial landfills likely would have been planned in a way that would have met the
proposed buffers even if the Rule amendments were not adopted.
The language regarding buffers to surface waters in Paragraph (b)(6)(C) is also proposed
for amendment to match the language used for the same requirement in Rule .0540 for
C&DLF buffers to surface waters. The MSWLF rules are also being updated to match the
C&DLF rule in the readoption process (under a separate rule package), since the C&DLF
rules were the rules most recently updated and reviewed by the RRC staff. The intent is
not to change the siting buffers of these landfills, but only to make the language

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consistent. The Division has always permitted sanitary landfills with a 50-foot buffer to
these different types of surface waters, not just streams and rivers, which is why the
C&DLF rules had been updated in 2007 to make that more clear, and the language is
being updated here for the same clarification. This is not expected to change the siting of
these landfills.
(2) Rule .0504 Application Requirements for Sanitary Landfills (existing rule title)
The proposed amendments to this rule regarding application requirements mainly update
the structure and organization to be similar to the other landfill rules in the Subchapter
that were promulgated more recently, such as labeling and timing of submittal for plan
documents. Much of the requirements were also moved around to separate and include
them in the appropriate plans, so much of what appears to be new language here can be
found struck out elsewhere in the Rule. The amendments will make the rule reflect what
is done and how documents are labeled in practice by the Division for all landfills. This
includes labeling Item (1) in the existing rule as the site study, which is a document that
is sent first, prior to a permit application, so that the Division can determine if the location
chosen for the landfill meets all of the siting requirements, and once constructed, will be
capable of meeting the construction, operational, and closure requirements. The Division
then, in practice, will send a letter to the applicant letting them know if the chosen location
for the landfill meets the requirements of the rules, and if does, they are free to move
forward with preparing and submitting a permit application. The purpose of this "pre -
application" procedure is to prevent an applicant from wasting time and money planning
for the site and preparing all of the permit application documents, only to discover that the
site location will not meet the rule requirements and cannot be constructed. The language
added in Paragraphs (a) and (b) regarding the approval process matches the same site
study approval requirements in Rule .0536(a) for C&DLFs and .1618(a) for MSWLFs.
The language in existing Rule Item (1) states "The following information shall be required
for reviewing a site application for a proposed sanitary landfill:" which introduces the list
of information required to be submitted in a site study document, even though that label
is not applied directly, and only implies that the information might be needed before a
permit application can be reviewed. The proposed amendments make the site study
document name, the procedure, and the timing of submittal more direct and consistent
with the process used in practice by the Division.
The requirement added as proposed Paragraph (c)(9) to include the two responses from
the Department of Natural Resources is being added to clarify some of the "additional
information" that has been required in practice to be submitted under existing rule to
confirm compliance with the siting requirements in existing Rule .0503(a)(1)(b).
The amendments also add the requirement for a closure and post -closure plan in
Paragraph (f) to be consistent with the requirements for C&DLFs and MSWLFs. This
information would have been required for permit approval under existing rule, even
though it may not have been labeled as a separate "closure and post -closure plan"
document. Also in the existing rule, some information is already requested that is
equivalent to the closure plan information, such as the proposed final contours and

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elevations, projected use of land after completion of the landfill, anticipated lifetime of the
project, and a description of the completion of the landfill.
Proposed Paragraph (g) just refers to the licensing statutes for licensed professional
engineers and licensed geologists. This is only a reference to the licensing statutes which
may already require that these plans be completed by one of those licensed professions.
Also, existing Rule .0202 required that plans be prepared by a licensed professional
engineer or licensed geologist. Rule .0202 is also being revised to point to the statutes
for professional licensing.
Proposed Paragraph 0) puts into Rule what is generally done in practice under existing
rule for making modifications just to the plans submitted in a permit application, which
would not require a new permit application submittal. The language attempts to clarify
and simplify the process and make clear what is expected of the permittee and the
Division. This language is consistent with similar language being added to other Sections
in the Subchapter during rule readoption.
(3) Rule .0505 Operational Requirements for Sanitary Landfills (existing rule title)
Proposed amendments to Rule .0505(a) contains updates and clarifications to the
operational requirements. The requirements for asbestos waste are being updated to
reflect what is done in practice, and to be consistent with the same changes being made
to other Sections of the Subchapter during rule readoption. These changes were also
requested by stakeholders, mainly to clarify that recording the latitude and longitude
coordinates of the location of asbestos waste in the landfill is sufficient to prevent
accidental exposure, now that such coordinates may be easily obtained so that the
location easily identified.
Proposed Paragraph (b) is adding the closure requirements to this Rule which were
previously found in Rule .0510 for disposal sites (which included industrial solid waste
landfills). Under existing rule, closure of an ISWLF would have to comply with Rule .0510
and Rules .0601 and .0602 of the Subchapter, all requirements for sanitary landfills in
Article 9 of Chapter 130A of the General Statutes, any closure plan submitted, the landfill
permit conditions, and a closure letter if one was issued by the Division (this may also
have been in the form of a permit for closure). The amendments mainly just move those
requirements to Rule .0505.
The remaining amendments in this rule are for clarification, technical correction, to put
into rule what is done in practice or by permit condition under existing rule, or to update
the language for life -of -site permitting to be consistent with recent statute changes and
Rule .0207.
Rules .0508 - .0509 for Incinerators
(4) Rule .0508 Application Requirements for Incinerators (existing rule title)
Rules .0508 and .0509 apply to incinerators for facilities that do not recover energy from
solid waste (note the proposed definition for incinerator in Rule .0101 states that they

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produce waste energy emissions; and does not say they recover energy). Existing Rules
.0503 and .0510 also contain some basic siting and closure requirements for incinerators
because incinerators are included in the definition of a solid waste disposal site in G.S.
130A-290. Because incinerators create emissions, they also have to comply with 15A
NCAC 02D for air quality; and obtain and maintain a permit from the Division of Air Quality
for the operation of the incinerator and the emissions for the operating life of the facility.
It is important to note that there is only one active incinerator facility in NC, and this has
been the only incinerator in NC for at least the past three years. This facility is for the
incineration of medical waste, so this facility is also required to comply with Section .1200
of the Subchapter. The Division does not expect to receive any permit applications for
new incinerators facilities for the next five years, if ever. Incinerator permits are valid for
five years, so the Division receives one application for a permit renewal every five years
from this one incinerator.
Proposed changes to Rule .0508 include adding the basic siting requirements that have
been moved here from existing Rule .0503(1); and reworded for clarification and to be
consistent with the language being used in other Sections of the Subchapter during rule
readoption. Note that existing Rule .0503(1)(c) and (d) and all of the design requirements
in existing Item (2) are only applicable to sanitary landfills, either because the rule states
this explicitly, or it is implied because the requirements could not logically or practically
be able to be applied to an incinerator, and never were applied in practice. An incinerator
is a building or structure that contains the waste and the incinerator, and generally does
not have any waste handling areas outdoors. Note that the siting requirements in the
amendments to Rule .0508(a) do not include explicit buffer requirements because the
buffers for incinerators would depend on the buffers required by the air quality buffers set
in the DAQ permit for burning.
Rule .0508(h) and (i) exempt the one existing incinerator from the requirement to comply
with the any proposed language for siting requirements in Paragraph (a). The
requirements for the most part were only moved Rule .0503 with some clarifying
language. The main difference is in the wording of the floodplain restriction, but G.S. 143-
215.54(c) had already established this restriction for solid waste disposal sites. The
purpose of stating the exemptions is mainly only to clarify to Division staff in the future
that the existing incinerator is not considered out of compliance with the proposed siting
requirements in this rule, and will only have to comply with them if it expands, which the
Division does not expect the incinerator to do. An incinerator is not like a landfill where an
expansion of the footprint is normal practice and would allow them to accept and dispose
of higher volumes of waste. The rule changes are not expected to cause the existing
incinerator to have to change any practices since the amendments are putting into rule
what is done in practice for application requirements, and this incinerator also has to
follow the rules in Section .1200 for the operations plan submittal, which covers a lot of
what is added in this rule for the operations plan.
(5) Rule 0509 Operational Requirements for Incinerators (existing rule title)
Proposed amendments to Rule .0509 are for clarification and updates; and include basic
closure requirements that are being moved here from existing Rule .0510. The

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amendments being added to this rule for closure requirements and setting a deadline for
waste removal are the same as the proposed amendments being made to Rule .0302
above, for the same reasons, and would have the same impact. Also, since the
operational requirements are not changing except to be reworded for clarification, the
changes to these rules are not expected to change the practices of the one existing
incinerator.
Rule .0510 Proposed to Apply Only to Closed C&DLFs and MSWLFs That Are Not
Subject to Rules .0531 - .0546 or Section .1600
(6) Rule .0510 Closure Conditions (existing rule title)
Existing rule .0510 Proposed amendments to Rule .0510 update the applicability of this
Rule to state that it only applies to sanitary landfills that are not subject to other existing
rules for ISWLFs, C&DLFs, or MSWLFs in Rules .0503 - .0505, .0531 - .0547, or Section
.1600 of the Subchapter, respectively. The rule amendments in this rule package also
indirectly clarify that the rule no longer applies to LCIDLFs because it states that it applies
to sanitary landfills, and the definition of sanitary landfills in Rule .0101 is being clarified
to exclude LCIDLFs from the definition. Under the proposed rule changes, all ISWLFs
(active or closed) shall now comply with Rule .0505 for closure because the closure
requirements have been moved from Rule .0510 to Rule .0505. The closure requirements
for LCIDLFs are proposed to be moved from Rule .0510 to proposed new Rule .0567,
which is discussed further in the discussion regarding Rule .0567 below. The existing
rules for C&DLFs and MSWLFs already contain closure requirements for landfills that are
subject to those rules as stated in existing Rules .0531 and .1601.
Existing Rule .0531 states that C&DLFs that stopped receiving waste prior to June 30,
2008 are required to comply with the Conditions of the Solid Waste Permit and Rule .0510
of that Section. Rule .1601 states that MSWLFs that stopped receiving waste prior to
October 9, 1993 shall comply with the Solid Waste Permit, the Conditions of Permit, and
Rule .0510 of the Subchapter. Therefore, the only landfills that are still subject to Rule
.0510 are C&DLFs and MSWLFs that have already been closed. Because closure has
been completed for these landfills, the closure requirements are no longer necessary in
this rule, and the only requirements that need to be retained are the post -closure care
requirements for maintenance and monitoring, and compliance with Section .0600.
(7) Rule .0562 Beneficial Fill
The proposed amendments to this rule are intended to improve compliance by clarifying
requirements that have been a source of confusion for Division enforcement staff and the
public. Session Law 1991-537 added the language found in G.S. 130A-294(m) and what
is now G.S. 130A-309.09B(a)(1) stating "Demolition debris consisting of used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous
material may be used as fill and need not be disposed of in a permitted landfill or solid
waste disposal facility, provided that demolition debris may not be placed in the waters of
the State or at or below the seasonal high water table."
When reviewing the first version of House Bill 1131 as introduced, it appears that the

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initial idea was to make this exemption applicable to local government recycling programs
as it applies now in G.S. 130A-309.09B(a)(1), likely to assist local governments with
meeting goals for waste reduction implemented in 1991. A later version of the bill added
the same language under G.S. 130A-294(m), which made it applicable to the
management of solid waste in general. While this may have been done for consistency,
unfortunately because the language in G.S. 130A-294(m) did not clarify that the
exemption was intended for local government recycling, the exemption can and has been
used by anyone in the state, including individuals and businesses, to dispose of inert
debris by burial on land anywhere, with no restrictions on size, height, or depth (other
than in relation to the groundwater table), and without recording the fill area with the
Register of Deeds, which is largely inconsistent with other requirements for landfilling
activities throughout the rest of Chapter 130A Article 9.
Rule .0562 was adopted in 1993, two years after the statute change, and clarified what
types of activities would comply with G.S. 130A-294(m) by stating that the activity should
only be used to improve land use, such as bringing a low area up to the surrounding
grade, and no excavation should be occurring for the purpose of disposing of debris. It
also clarified the types of materials that can be used as fill since the phrase "used asphalt
or used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar non -hazardous
material...," is somewhat broad and unclear. For example, does the fill have to be a larger
proportion of used asphalt than the rest of the listed materials? Can the other materials
be used as fill if they do not contain used asphalt? What is meant by "similar non-
hazardous material" since non -hazardous material could be anything except hazardous
waste or hazardous materials. How does the Division determine what "similar" means?
Even with the clarifications provided by existing Rule .0562, the Division often still
receives complaints about these types of fill activities, and it is difficult for Division staff to
determine compliance with the existing rule requirements when they are investigating the
complaints. It is difficult to determine if the proper waste types are being used since they
are generally already buried and covered. It is difficult to determine whether excavation
occurred and when, and for what purpose. It is also difficult to determine whether the
placement of the fill improved land use, or what the intent or purpose behind the fill project
was.
The proposed amendments do not completely fix the existing issues associated with this
activity, and there will still be gray areas that make determination of non-compliance
difficult. It will still be difficult to tell if excavation was conducted for the sole purpose of
disposing of inert debris, but where it is obvious that they are excavating to expand the
size of the existing fill area, there will be a clearer path to enforcement. Staff won't
necessarily be able to determine the length of time the activity was being conducted prior
to discovery, but they will at least be able to return within a year to verify that it was
completed, and if not, will have a clear path to enforcement at that point. They also may
not be able to tell where the edge -of -waste boundary is to verify the size of the disposal
area once it is covered, but in cases where it is obvious that it has gone well over an acre,
they now have a clear path to enforcement. They will also have a clear path to
enforcement when an area has been raised and the sides have a steep slope that is likely

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to fail, which has been a problem at multiple fill sites in the past.
The amendments are not likely to result in any increase in permitting, since those who
conduct the activities are not generally trying to start a solid waste management landfill
or business or pay permit fees, but only trying to solve an issue of their own, such as
improving land use in compliance with the intent of the rule, or to get rid of inert debris
without paying a disposal fee, which is out of compliance with the rule.
All of the additional requirements proposed to be added to this rule are intended to further
clarify what types of fill activities comply with the statute, and also to answer or eliminate
a lot of the questions that the Division receives about the materials they may be used as
fill, notably uncontaminated soils. "Uncontaminated" may have held a specific understood
meaning at the time of initial adoption, however the term was not defined in state law or
rule, nor has it been since, and is generally inconsistent with other Division program's
management of soils. It is also inconsistent with surrounding states rules and whereas
many consultants and developers work in multiple states, the term creates additional
regulatory confusion. The Division regularly receives questions about whether soils that
have been tested and meet the requirements for unrestricted use in G.S. 130A-310.65,
or soils removed from properties that are not known to have contamination may be used
as fill or mixed with fill materials. The proposed rule language in Paragraphs (c) and (d)
attempt to clarify that if soil meets unrestricted use standards or the soil was removed
from a site that is not known to be contaminated is not a solid waste, so it is not subject
to the requirements in Subchapter 1313; and therefore, no permission or approval from
the Division's Solid Waste Section is required to use the soil as fill for any project.
Rules .0563 - .0567 for Land Clearing and Inert Debris Landfills (LCIDLFs)
(8) Rule .0563 Applicability Requirements for LCIDLFs (existing rule title)
As described in the section above regarding Rule .0101, the proposed amendments
clarify that a LCIDLF is not considered to be a sanitary landfill. This rule set was originally
established to provide requirements separate from other sanitary landfills, and LCIDLFs
are exempted from the requirements specific to sanitary landfills in G.S. 130A-295.60).
Therefore, LCIDLF permits are not subject to the change to life -of -site permits for sanitary
landfills, and the LCIDLF permits are still valid for five years.
Rule .0563 is proposed for amendment to be consistent with G.S. 130A-294(a)(4)a. and
130A-301.1, which exempt LCIDLFs that are a half -acre or less for on -site disposal of
LCID to be exempt from the permit requirement. The existing rule allows LCIDLFs up to
two acres to be exempt, and the waste did not have to be generated on site. The Division
is removing this exemption and referring to the statute exemption instead. LCIDLFs that
were under two acres, known as Notified LCIDLFs, were required by existing rule to
record the site with the Register of Deeds and submit a notification form to the Division.
Notified LCIDLFs are not required by existing rule to submit a permit application and plans
in accordance with Rule .0565, obtain a permit from the Division, pay permit fees, notify
the Division when the landfill is closed, or follow the closure requirements in Rule .0510.
The amendments also provide a transition period for any existing active Notified LCIDLF

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that does not meet the statute exemption to either close the facility or obtain a permit from
the Division within five years.
According to the documents on file from when Rule .0563 was originally promulgated in
1993, the intent of the exemption of Notified LCIDLFs was to create a transition that
allowed some smaller existing, on -site landfills being operated by individuals or
businesses for their own use to continue operating without being required to obtain a
permit under the new LCIDLF rules and pay permitting fees. However, since that time,
the exemption has been used regularly by individuals and small businesses to establish
landfills and charge others to dispose of waste in their landfills, without having to pay for
permit fees as other permitted landfills that charge disposal fees are required to.
If an operator decides not obtain a permit, they may continue to operate and accept waste
during that five-year transition period, as long as they close before the end of five years.
Because these Notified LCIDLFs had to be under two acres under existing rule, it is
possible that they would have reached their limit of two acres within five years and would
have closed in that same time frame under existing rule anyway. A Notified LCIDLF that
only occasionally accepted waste and would not be near their allowed two acres after five
years would have to close prior to reaching two acres. While the intent of the exemption
for Notified LCIDLFs was only for the personal use of individuals or businesses who did
not accept outside waste or accept fees for disposal, some facilities that have been
accepting fees for outside disposal might lose those disposal fees for the remainder of
the two acres. If they were only occasionally accepting waste, then the lost disposal fees
on a per year basis should be minimal. They also have the option to increase the
frequency of waste acceptance during the five-year transition period to fill up the two
acres.
If the operator is required to close before reaching their two acre capacity, then any land
clearing or inert debris waste that could have been disposed of at the Notified LCIDLF
would be required to go instead to another solid waste management facility approved by
the Division to accept such waste. The waste generators could use inert debris as
beneficial fill under Rule .0562, and could handle land clearing debris at a yard waste
notification site in accordance with Rule .1402(g)(1)(A), both of which are also exempt
from the permit requirement and permit fees. Otherwise they would pay tipping fees to
dispose of the waste at permitted facilities.
If an operator elects to obtain a permit from the Division for an LCIDLF, they would be
required to develop and submit a permit application, and to pay the permit application fee
and annual permit fees in accordance with G.S. 130A-295.8. Because Notified LCIDLFs
were required to comply with Rules .0564 and .0566 under existing rule, the only change
under a permit is that they would now be required to also comply with the permit
application requirements in Rule .0565, and they would now be able to expand the size
of the disposal area over two acres.
As mentioned previously, since this rule exemption was first effective in 1993, the Division
has received notifications for approximately 760 Notified LCIDLFs. Notified LCIDLFs are

.aclI
required by the existing rule to comply with the siting and operational requirements in
Rules .0564 and .0566, and the Division conducts inspections of these facilities to
determine compliance with these rules. Over the last 20 years the Division has received
notifications for new Notified LCIDLFs at a rate of approximately 3 to 6 per year.
The Division is aware of approximately 170 Notified LCIDLFs that are active and have
been inspected by the Division within the last eight years. The majority of the 760 Notified
LCIDLFs are believed to have reached the two -acre size limit and have been closed,
however since there was no requirement in statute or rule to notify the Division when the
facility closed, the records regarding most of the Notified LCIDLFs have a status of
"unknown", and the Division is unclear as to how and when the landfills were closed. The
Division has attempted in recent years to gather more information on these older closed
sites, but often cannot locate any past landowners or operators that were listed on the
notification form. The Division also regularly discovers notices of these landfills recorded
with the Register of Deeds that were never submitted to the Division, despite being
required to be submitted by existing rule. By the time the Division discovers these
recorded notifications, the landfill has usually been closed already, the property may have
switched hands, and the owner and operator cannot be located.
The Division also cannot say how many of these landfills exist that were never recorded
with the Register of Deeds or submitted to the Division. The Division does occasionally
(once or twice per year) receive complaints of landowners or homeowners discovering
what appear to be LCIDLFs on their property that were not recorded on the deed. The
Division also receives frequent complaints regarding the mismanagement of LCID waste
in general, and regularly answers questions and provides technical assistance on the
proper management of LCID waste. Operators of permitted LCIDLFs are usually
companies that are in the business of waste management and landfill construction with
training and experience, and they have to involve waste management and engineering
professionals to write plans for the orderly development and operation of the landfills to
submit in a permit application, and familiarize themselves with the rule requirements in
order to obtain permit approval. Operators of notified LCIDLFs are generally not in the
waste management business and are not required to write plans or involve engineering
professionals, and often have no prior experience or training in landfill construction or
operation, and have little incentive to familiarize themselves with the rule requirements.
The result of this lack of experience is that Notified LCIDLFs are often mismanaged, and
have disposed of unacceptable waste types, not covered the waste properly, had multiple
fires, had excessive erosion and slope failures, not maintained buffers, and have even
expanded their disposal area onto adjacent properties (that they do not own) and then
walked away. The Division has also received requests from Notified LCIDLF operators to
establish a second fill area on the same property, but in another location on the property.
The Division will respond that this action would require them to obtain a permit. Some
landowners have then split their property to avoid the permit requirement; and established
the second Notified LCIDLF on what is now the adjacent property; and continued
collecting fees for disposal. In general, the management of these exempt facilities is not
consistent with the requirements for other Iandfilling activities in the general statutes or
Subchapter 13B.

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A specific count of public vs. private operators is not available because, while the Division
keeps a database of these sites, the notification does not require the owner/operator to
state whether they are representing a public or private entity or are a private individual,
and therefore the Division does not directly track whether the operators are public or
private entities. The majority of these sites appear to be (or have been) operated by
private individuals or small businesses. A small portion (-40 to 50) of the sites in the
database were owned and operated by the NC Department of Transportation (DOT). Note
that DOT was submitting notification forms to the Division from 1993 to 2002 even though
they were not required to by existing rule. This practice was discontinued in 2002. It is not
the intention of the Division to change the existing requirements for NC DOT project
rights -of -way; and has retained the permit exemption in the rule for NC DOT sites up to
two acres.
(9) Rule .0564 Siting Criteria for LCIDLFs
The requirements in existing Rule .0564 are proposed to be reworded and rearranged to
be consistent with the same changes being made to other Sections during the readoption
process throughout the Subchapter for consistency and clarification, and to directly
reference the state and federal regulations they pertain to. Proposed Item (7) requires
that an access road be established and maintained around the waste boundary. This is
consistent with the rule requirements for other types of landfills permitted by the Division;
and is generally required by permit condition under existing rule.
(10) Rule .0565 Application Requirements for LCIDLFs
The proposed amendments remove the requirement that five copies of a permit
application be submitted since only one electronic copy is requested by the Division in
practice for permit approval. Note the licensure requirement has been moved to the end
of the rule and updated to just refer to the statutes for licensure. The amendments also
rearrange and reword the requirements to be consistent with the structure or wording in
other rules in the Subchapter and to comply with the APA.
The requirement for a closure and post -closure care plan is proposed to be added,
consistent with the sanitary landfill rules for clarification of closure requirements, and to
demonstrate compliance with the closure and post -closure care requirements in new
proposed Rule .0567. Paragraphs (c) through (e) are being added to be consistent with
the same language being added to other rules of the Subchapter. Paragraph (f) clarifies
that LCIDLFs are also required to recorded with the Register of Deeds in the same
manner as sanitary landfills. Although the existing rule did not explicitly require a
permitted LCIDLF to record the landfill with the Register of Deeds, it did require that the
Notified LCIDLFs be recorded. This may have been because at the time this rule was
adopted, LCIDLFs were still seen as sanitary landfills, and would have been required to
record the site in accordance with existing Rule .0204. Because the definition of sanitary
landfills is being revised to exclude LCIDLFs during readoption, this clarification to
continue recording LCIDLFs as they have been in practice by the Division is required.
(11) Rule .0566 Operational Requirements for LCIDLFs

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Proposed amendments to Rule .0566 clarify and update language to be consistent with
language in other landfill rules. Fire protection and control language being added under
proposed Item (10) is meant to clarify fire protection requirements, which is needed since
the Division has recently had multiple fires occur at solid waste facilities, and notably at
LCIDLFs. These requirements are consistent with other landfill rules in the Subchapter,
and it is also necessary at LCIDLFs since the waste being handled at the site and in the
landfill is land clearing wood waste which has increased potential to catch fire and have
the fire spread quickly. Permitted facilities are already required by permit condition or in
practice to maintain fire equipment on site, notify the local fire department, and notify the
Division of any fires verbally and in writing by submitting a Fire Occurrence Report that
can be found on the Division's website at https://deg.nc.gov/about/divisions/waste-
management/solid-waste-section/solid-waste-forms. The language in Part (d) puts into
rule the type of information that is required to be included on the current form under
existing rule and permit conditions.
The proposed amendments also give flexibility to the Division to allow open burning, but
only if all three of the agencies mentioned approve, which will ensure that it is done in a
safe and controlled manner. This is helpful if burning is needed to expedite disaster
recovery when a large volume of vegetative waste has been generated. The language
banning hot ashes, hot loads, or cinders is also added for clarification and emphasis,
even though it may be common sense that these items should not be accepted or
disposed of in an LCIDLF to prevent fires.
(12) Proposed New Rule .0567 Closure and Post -Closure Care Requirements for
LCIDLFs
This rule is proposed to be added to this Section to establish closure and post -closure
care requirements that are specific to LCIDLFs. As discussed above, when existing Rules
.0510, .0601, and .0602 were first promulgated, they were likely intended to apply to the
closure and post -closure of all disposal sites permitted under Section .0500, including all
landfills such as LCIDLFs, or what would have been called "demolition landfills" at that
time (see the definition in Rule .0101). Since that time additional rules were promulgated
to apply to specific landfill types, including LCIDLFs, and it is unclear as to whether
LCIDLFs were considered to be sanitary landfills at the time that these LCIDLF rules were
promulgated. Now that Rule .0510 is proposed to be amended to specifically apply only
to older sanitary landfills (C&DLFs and MSWLFs) that closed prior to being required to
comply with newer rules, and since the definition of sanitary landfill is proposed to be
clarified in Rule .0101 with this rule package to exclude LCIDLFs, it was necessary to
clarify what the specific closure and post -closure care requirements are for LCIDLFs
specifically, separate from Rule .0510 or other landfills.
Under existing rules an LCIDLF was required by Rule .0565(4) to describe the procedures
for closure of the facility in their operational plan, and existing Rule .0566(1) stated that
the operational plans shall be approved (presumably by the Division) and followed. Rule
.0510 required that the operator notify the Division of closure, provide test holes to
determine final cover, get an inspection done by the Division, and conduct post -closure
maintenance and monitoring as specified in the facility's closure letter. Proposed Rule

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.0567 is putting into rule and clarifying what has been required in the operational plans
submitted by the owner or operator to obtain permit approval from the Division, and what
was required by existing Rules .0510, .0601, and .0602. These requirements are also
consistent with the closure and post -closure requirements in the rules for other landfill
types in the Subchapter. Because LCIDLFs are not generally expected to be a source of
groundwater contamination, post -closure monitoring was not often required unless an
issue or exceedance was identified. The post -closure care requirements in the closure
plan and/or closure letter for LCIDLFs consisted mainly of cap maintenance, and would
be for a shorter period than C&DLFs or MSWLFs.
Proposed Rule .0567 includes the requirements for closure in Rule .0510, but adds some
deadlines for the closure procedure in Paragraphs (a) and (b). The proposed rule also
clarifies in more detail what is meant by "maintenance" during the post -closure care
period, and what could be meant by "monitoring" if it is required. It also clarifies that
buffers need to be maintained even after closure. It also ends post -closure care after 10
years, which provides clarity since the length of the post -closure care period was only
after given in permit conditions or the closure plan.
The deadlines for closure procedures and the notification to the Division that the site has
been closed may be considered new if the permit did not already provide such deadlines.
The main intent of establishing a deadline from the Division's perspective is to ensure
that the closure process does not stretch out unnecessarily long, and to avoid uncertainty
of when it is appropriate to require clean-up through enforcement procedures.
(c) Costs/Benefits by Entity
(1) Private and Local Government -Owned Facilities
The amendments to Section .0500 may impact private and local government -owned
facilities as follows:
Rules .0503 - .0508: Since the proposed language of these rules is only putting into rule
or clarifying what is already required by existing permit conditions, general statutes, or
existing rules, or provides only information or clarification, no additional costs are
expected to be incurred for facility owners/operators as a result of the proposed language.
The proposed language provides a benefit through clarification of requirements and
applicable existing statutes and other rules, and reduced staff time in discussions with
Division staff to understand the requirements.
Rule .0562: The proposed language is mainly intended to provide clarification and
information. The requirements restricting the size and length of time for the project, and
for the cover and slope requirements are meant only to clarify what the existing rule was
intended to be but did not state specifically. Since these activities are not reported to the
Division, it is difficult to estimate the number of fill projects that might be affected. The
proposed language provides a benefit through clarification of requirements and applicable
existing statutes and other rules, and reduced time in discussions with Division staff to
understand the requirements.

C-40
Enforcement of these fill activities is complaint -based only, and this will not change under
the proposed rule. The proposed amendments may improve compliance at the sites by
clarifying the requirements for the person conducting the activity. They may either
increase or decrease complaints if the person who would have complained has a better
understanding of what is allowed and what is not. Division staff would also have more
clarity on what is considered non-compliance, which could result in their being better able
to provide technical assistance when requested, which could help avoid non-compliance.
The clarity could also result in Division staff having a better understanding of when it is
appropriate to issue a violation and when it is not. This may result in more violations being
issued in the first few years after the rule is effective; but may eventually result in improved
compliance overall.
Generally the result of the issuance of a violation is to stop any further activity, and under
the proposed amendments the Division could now require the person to remove some of
the fill to bring the size of the site or buffers or slopes around the site into compliance,
which means they would have to either pay disposal fees at a permitted facility (—$20 to
$30 per ton) or give the material to someone who recycles inert debris, or find someone
else who needs beneficial fill on their property to take it. All three of these options may
include a range of transportation costs depending on the locations. The amendments are
not expected to result in an increase in payment of permitting fees, or time spent preparing
permit applications, since that is generally not the intent of these activities as discussed
above.
Rules .0563 - .0567: The change to remove the permit exemptions for notified LCIDLFs
under 2 acres will impact the operators of the existing active facilities by requiring that
they either close or obtain a permit from the Division within five years of the readopted
effective date of the rule. Notified LCIDLFs that used the site to collect disposal fees, but
elect not to obtain a permit and are required to close prior to reaching their two -acre size
limit may lose disposal fees of approximately $20 - $30 per ton for waste diverted to other
facilities. If the site was used by an individual for personal disposal, they would be required
to either pay tipping fees of $20 - $30 per ton at another facility; or find other ways or
facilities to reuse or recycle this waste for no charge.
Notified LCIDLFs that elect to obtain a permit will be required to pay the permit application
fee of $50, and an annual permit fee of $500. They will also have to develop a permit
application and associated plans required in Rule .0565, which would also impose a cost.
Because construction requirements for an LCIDLF are minimal in comparison to sanitary
landfills, and liners, leachate collection, and environmental monitoring are not required,
preparation of an application does not necessarily require a licensed professional
engineer or licensed geologist, and therefore the cost to prepare these applications is
lower than for sanitary landfills. Also, under existing rule the Division requires that the
notification to the Division for these facilities include the information required in proposed
Rule .0565(2), (3), (4), and (7)(N).
Preparation of an application for Notified LCIDLFs would now include items not previously

C-41
required in practice under existing rule (because they were not required to comply with
Rule .0565 for permit applications), which are mainly site drawings, site development and
closure and post -closure plans, and a description of operations. The additional time
needed to prepare the application instead of just the notification package mentioned
above, may take between 30 and 60 hours. Assuming a total staff compensation rate of
$80 to $100 per hour, the preparation of these additional items required for application
may cost one owner or operator between $2,400 and $6,000. The Division cannot
estimate how many existing Notified LCIDLFs will elect to obtain a permit; but expects
that most will use the five-year transition to fill up to the two -acre allowance and close.
The benefit of obtaining a permit for these sites is that they will be able to continue
collecting disposal fees for waste and would not be restricted to two acres, which
potentially allows them to make enough money to cover any costs for the permit fees and
permit application.
The amendments will impact future LCIDLFs proposed to be between a half -acre and two
acres in the future since anyone wishing to establish an LCIDLF of that size would be
required to apply for an LCIDLF permit, instead of just submitting the notification form and
recording the landfill with the Register of Deeds. The costs for permit application and
permit fees would be the same as for existing facilities described above. Over the last 20
years the Division has received notifications for new Notified LCIDLFs at a rate of
approximately 3 to 8 per year. The Division expects that some future sites may either
elect to stay under a half -acre or abandon the plan for an LCIDLF to avoid the permitting
requirement and fees, and a smaller portion would elect to obtain a permit. As mentioned
above, the benefit of obtaining a permit is that they will be able to collect disposal fees for
waste and would not be restricted to two acres, which potentially allows them to make
enough money to cover any costs for the permit fees and permit application.
The proposed new Rule .0567 for closure and post -closure requirements puts into rule
what was required of permitted existing LCIDLFs under existing Rule .0510, and the
existing closure plan and permit conditions. The cover requirements in Rule .0567(b) are
consistent with the monthly cover deadline and the final cover requirements in existing
Rule .0566(4) and (5) for both permitted and Notified LCIDLFs. The requirement to follow
the operational plan in Rule .0566(1) is consistent with the requirement to follow the
closure plan in proposed Rule .0567(a) and (b), except that Notified LCIDLFs did not
always have an operational plan to follow, and may have only been following Rule .0566
for operations. The owner or operator of an existing permitted LCIDLF would already be
inclined to provide notification in writing to the Division that they intend to terminate a
permit and that they have completed closure of the facility, because they would want to
ensure that the Division does not issue an invoice for the annual permit fee for the
upcoming year. The Division also already conducts an inspection under existing rule and
permit conditions to ensure that the site has been covered properly, as they would have
under existing rule for general compliance and enforcement when provided notice of site
closure. Notified LCIDLFs were not required to provide closure notice to the Division,
although they still sometimes did so anyway, but the addition of this requirement would
technically be new for these facilities. However, this would only require that an email be
sent to the Division, so this is not expected to incur a cost to the operator.

C-42
The proposed amendments are not expected to change the frequency of inspections by
Division staff or enforcement for permitted LCIDLFs. If an existing permitted LCIDLF did
have to make some changes to their planned closure procedures as a result of the
proposed rule, this may require that their closure plan be revised to reflect the change.
Since proposed Rule .0565(e) allows these plans to be updated by simply submitting the
revised pages of the plan for approval, any cost for a revision would be minimal. The
added fire control procedures are putting into rule what would have been required in the
plans or permit conditions for permitted LCIDLFs. They would also have been required
by permit to notify the Division and submit a fire occurrence form that can be found on the
Division's website. The Division likely would have required similar closure and post -
closure requirements for future permitted LCIDLFs, so they should not be impacted.
Because the elimination of the exemption for Notified LCIDLFs means all of these sites
will have to close or obtain a permit, any of these sites that are still open now will likely
be inspected by the Division at least once within the next five years. However, Division
staff already conduct routine inspections of these sites at least once every 3 to 5 years,
so this would not be a change in the frequency of inspections. In fact, it is not unusual for
inspections to be conducted when a site that wants to get a permit because they are close
to exceeding the two acres and want to continue operating, or to let us know they are
closing when we conduct an inspection even though it is not directly required. The rule
changes may require that additional time is spent by Division permitting staff reviewing
and approving permit applications for LCIDLFs that may previously have been Notified
LCIDLFs, but this would be offset by the time saved by Division staff reviewing the Notified
LCIDLF submittals, and providing technical assistance on Notified LCIDLFs. The time
spent will also be greatly outweighed by time saved by Division enforcement staff taking
enforcement actions against mismanaged Notified LCIDLFs. The LCIDLF-specific
closure rule will also save Division staff time in generating and updating closure guidance
or closure permit conditions that are specific to LCIDLFs since the requirements are
somewhat different and less than the other sanitary landfills.
In general, the additional oversight and requirement for the submittal of all of the plans
and a permit application is expected to increase compliance with the Notified LCIDLFs
that choose to obtain a permit. Creating plans will require that they plan ahead, and having
the assistance of the Division's permitting staff will help ensure that they are preventing
problems before they start instead of trying to compensate for them after the fact.
(2) State Government
The clarification of applicability of these rules, the addition of consistent siting and closure
requirements, and the consistent clarification of the information required to be submitted
in site and operational plans will provide a benefit to Division staff in reduced time spent
by Division permitting staff providing guidance, technical assistance, answering
questions, and reviewing multiple revisions to applications from applicants due to the
requirements being generally difficult to locate or review. The existing rules provide very
little detail for the application requirements, so applicants currently must contact Division
staff to determine what is required to be submitted in an application.

C-43
Enforcement of beneficial fill activities is complaint -based only, and this will not change
under the proposed rule. The impacts from proposed amendments to Rule .0562 to clarify
restrictions for beneficial fill activities may improve compliance at the sites by clarifying
the requirements for the person conducting the activity. They may either increase or
decrease complaints if the person who would have complained has a better
understanding of what is allowed and what is not. Division staff would also have more
clarity on what is considered non-compliance, which could result in their being better able
to provide technical assistance when requested, which could help avoid non-compliance.
The proposed amendments may initially increase Division staff time spent issuing
violations over the first 2 to 4 years, but they should result in an equal if not greater
reduction in time spent during those 2 to 4 years debating with the responsible party and
the person complaining as to whether the activity is out of compliance or not. Some of
these discussions can continue a very long time and may never have a good resolution,
whereas now if the violation is clear, the violation can be issued and the discussion can
move forward. Hopefully over time, the initial increase in enforcement will result in
increased compliance and reduced time spent on enforcement later. They are not likely
to result in any increase in permitting staff time as discussed above.
The proposed amendments are not expected to change the frequency of inspections or
enforcement by Division staff since they are putting into rule what is already required by
permit or operational plan for existing rules for permitted LCIDLFs, and what is done in
practice or existing rule for Notified LCIDLFs. The elimination of the exemption for Notified
LCIDLFs may require that additional time is spent by Division permitting staff reviewing
and approving permit applications for LCIDLFs that may previously have been Notified
LCIDLFs, and also providing technical assistance to permittees in drafting their plans.
More technical assistance will be needed for these first-time permittees than for existing
permittees with drafting site plans for an application. All of this additional time would be
offset by the time saved by Division staff that review the Notified LCIDLF submittals, and
provide technical assistance to Notified LCIDLFs under existing rule. The time spent will
also be greatly outweighed by time saved by Division enforcement staff taking
enforcement actions against mismanaged Notified LCIDLFs. In general, the additional
oversight and requirement for the submittal of all of the plans and a permit application is
expected to increase compliance with the Notified LCIDLFs that choose to obtain a
permit. Creating plans will require that they plan ahead, and having the assistance of the
Division's permitting staff will help ensure that they are preventing problems before they
start instead of trying to compensate for them after the fact.
The LCIDLF-specific closure rule will also save Division staff time in generating and
updating closure guidance or closure permit conditions that are specific to LCIDLFs. The
deadline to notify the Division of closure for Notified LCIDLFs will allow the Division to
ensure that closure is properly and expeditiously completed, but the requirements and
deadlines for cover at closure are not expected to have an impact since there were very
similar requirements in existing rule.
(3) Public and the Environment

C-44
The proposed amendments will benefit the public and the environment by making the
requirements for all of these facility types clear and transparent since their requirements
under existing rule can often only be found in the permit documents which can be difficult
to locate and review.
The amendments will also provide a benefit by eliminating the allowance of Notified
LCIDLFs which are often mismanaged and have created nuisances, fires, and infringed
on adjacent property owners in the past. In general, the additional oversight and
requirement for the submittal of all of the plans and a permit application is expected to
increase compliance with the Notified LCIDLFs that choose to obtain a permit. Creating
plans will require that they plan ahead, and having the assistance of the Division's
permitting staff will help ensure that they are preventing problems before they start
instead of trying to compensate for them after the fact.
They will also provide clear closure requirements for the existing Notified LCIDLFs over
the next five years, and for existing and future permitted LCIDLFs. The deadline to notify
the Division of closure for Notified LCIDLFs will allow the Division to ensure that closure
is properly and expeditiously completed.
Section .0600 Monitoring Requirements
(a) Purpose of Existing Rules .0601 -.0602
This Section was originally promulgated to establish groundwater and surface water
monitoring requirements for permitted solid waste sanitary landfills in general. However,
since specific monitoring requirements were established for sanitary landfills that are
subject to Rules .0531 - .0547 and Section .1600 (construction and demolition debris
landfill facilities and municipal solid waste landfill facilities), this Section would no longer
be applicable to sanitary landfills subject to those rules, but applies to sanitary landfills
existing and closed prior to being subject to the newer rules. This Section also applies to
industrial solid waste landfills subject to Rules .0503, .0504, .0505, and .0510.
(b) Description and Rationale for Amendments
The proposed amendments to Rules .0601 and .0602 are for clarification, updates to
information, technical correction, and to include references to applicable requirements
under 15A NCAC 02B, 02C, and 02L. The amendments clarify that these rules do not
apply to construction and demolition landfills or municipal solid waste landfills that are
subject to Rules .0531-.0546 or Section .1600.
(c) Costs/Benefits by Entity
Because the proposed amendments to Rules .0601 and .0602 only clarify what the
Division requires under existing rule, and there are no changes to the overall
requirements, no costs are expected to any parties. There may be a minor benefit to the
private industry and local -government owned facilities and state government staff in
clarification of applicability of these rules, updated information, and references to existing
applicable requirements in other rules.

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CONCLUSION
• The proposed requirement to remove the exemption for notified LCIDLFs (under 2
acres) may impact private individuals and businesses that are operators of existing
and future Notified LCIDLFs by requiring them to either close, which may cause a
handful of facilities to lose potential disposal fees, or submit a permit application,
obtain a permit, and pay the permit application fee and annual permit fees required
for permitted LCIDLFs. If the Notified LCIDLF elects to obtain a permit, this may
cost private individuals and businesses between $2,400 and $6,000 to prepare a
permit application, $50 for a permit application fee, and $500 per year for the
annual permit fee, all of which may be offset by the fact that they will then have
ability to charge disposal fees to accept waste over two acres, up to the size they
request or are able to meet siting requirements for. The Division expects that most
Notified LCIDLFs will use the allowed five-year transition period to fill up their
landfills to the maximum two acres allowed under existing rule and close. If a
consultant is used to prepare the application, the consultant may benefit if their
hourly rate has a profit margin built in. These permitting costs may be offset by
time and costs saved in responding to enforcement actions and addressing issues
after the fact, because the permitting process requires owners and operators to
become familiar with the rule requirements, and to plan the facility progress and
care in advance through plan preparation for permit application.
• The proposed rule amendment adding a definition for collection centers may
impact a handful of small businesses and non-profit organizations that were
previously allowed to take solid waste to collection centers for disposal, because
they will likely now be required to pay disposal fees to dispose of the waste at
permitted solid waste management facilities. This will be an equal benefit to the
facility receiving the disposal fee. The change does still allow collection centers to
accept recyclables from these entities.
• The proposed rule adding the permit exemption and requirements for temporary
debris storage and reduction sites will benefit local governments, state employees,
and FEMA employees by providing much needed guidance and direction on the
siting, notification, operational, and closure requirements of these sites which has
previously never been in rule but has only been handled in practice by the Division.
Providing the requirements in rule will clarify for all involved what is expected to
comply with state requirements and avoid being denied federal and state public
assistance and reimbursement following a disaster event, and should help to
expedite disaster recovery and avoid non-compliance.
• The proposed rule amendments will benefit Division staff in reduced time spent
providing technical assistance and guidance on siting, application, and closure
requirements for all facilities. The allowance for the Division to prohibit certain
wastes for emerging contaminants or pathogens may benefit Division staff and
save staff time by preventing a situation where compliance issues have been
caused by receiving and handling or disposing of a waste that may cause harm,
and also saving staff time in attempting to get an executive order issued to prohibit
the waste when it is necessary. The additional 3 to 5 permit applications that may
be received per year from facilities what were previously or would have been

C-46
Notified LCIDLFs under existing rule will increase staff time for review, but this will
be now offset by the receipt of permit fees. Whereas under existing rule, staff were
reviewing notification documents submitted, tracking these sites, conducting
inspections, and spending disproportionate amounts of times providing technical
assistance and investigating compliance and enforcement actions for notified
LCIDLFs without collecting any fees for the state.
The proposed rule amendments are not expected to have an annual aggregate
impact to the affected parties of greater than or equal to $1 million.
The proposed rule amendments are expected to benefit the public and the
environment through clarification of requirements to all parties, which may result
in improved consistency, accountability, and compliance and reduced complaints
and enforcement actions. Regulatory requirements will continue to be enforced by
the Division through inspections and review of annual facility reports. The
elimination of Notified LCIDs should also improve compliance rates and reduce
problems such as fires, buffer violations, and cover and vector issues for Notified
LCIDs in general once they obtain permits and plan ahead for landfill development.

C-47
1 15A NCAC 13B .0101 is proposed for readoption with substantive changes as follows:
2
3 SUBCHAPTER 13B - SOLID WASTE MANAGEMENT
4
5 SECTION .0100 - GENERAL PROVISIONS
6
7 Rules .0101 - .0108 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T 15A.13B
8 .0101 - .0108); have been transferred and recodified from Rules .0101 - .0108 of Title 10 Subchapter 1 OG of the
9 North Carolina Administrative Code (T 10.1 OG .0101 - .0108), effective April 4, 1990.
10
11 15A NCAC 13B .0101 DEFINITIONS
12 The definitions in G.S. 130A 290 Article 9 of Chapter 130A of the General Statutes and the following definitions
13 shall apply throughout this Subchapter:
14 (1) "Aerated static pile composting" means the process in which decomposing organic material is
15 placed in piles over an active aeration system that is used to supply oxygen and to control
16 temperature for the purpose of producing compost.
17 Q(4) "Agricultural Waste's waste" means waste materials produced from the raising of plants and animals,
18 including animal manures, bedding, plant stalks, hulls, and vegetable matter.
19 Q�(2-) "Airport" means public -use airport open to the public without prior permission and without
20 restrictions within the physical capacities of available facilities.
21 (4) "Anaerobic digestion" means the biological process in which microorganisms break down
22 biodegradable organic material in the absence of oxygen.
23 (5)(3) "Backyard Fempes composting" means the on -site composting of yard waste and food
24 residuals by the owner or tenant of a residential property. The waste material is generated only
25 onsite, and the resulting compost is used only onsite or on the owner or tenant's property. €iem
26 .
27 (6) `Backyard vermicomposting" means the on -site vermicomposting by the owner or tenant of a
28 residential property using organic material from the residential property with the product produced
29 used only onsite or on the owner or tenant's property.
30 (4) "Blood ameans blood-preduets.
31 (D(5) "Cell" means compacted solid waste completely enveloped by a compacted cover material.
32 (8) "Collection center" means a collection point for the temporar serge of solid waste for individual
33 residential households who choose to transport solid waste generated on their own property to a
34 facility owned or operated by a local government, rather than directly to a solid waste management
35 facility permitted in accordance with the rules of this Subchapter. Collection centers are also known
36 as "convenience centers" and "drop -off -centers," and are not transfer facilities or transfer stations
37 for the purpose of this Subchapter. A person, business, or local government facility that collects
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materials for the Dumose of recvcling, and does not collect anv solid waste for the Duroose of
2
disposal, is not a collection center for the purpose of this Subchapter. A collection center shall be
3
in accordance with Rule .0208(a) of this Subchapter.
4
n(O
"Compost" means a decomposed, humus -like organic matter, produced in an aerobic composting
5
process that is designed and monitored to ensure that the product is free from pathogens, offensive
6
^�'^ros toxins, or materials harmful at the point of end use. Compost is suitable for use as a
7
soil ^^^a'er, conditioner and mU iave with varying nutrient values.
8
(HO)(7)
"Compost facility" FaMit)4 means a solid waste facility established in accordance with Section
9
.1400 of this Subchapter why that utilizes a controlled biological process of degrading
10
non -hazardous solid waste. A compost facility may inelude include:
l l
(a) materials processing and hauling equipment;
12
(b) structures to control drainage; and
13
(c) structures to collect and treat leachate; and
14
(d)storage areas for the incoming waste, the final products, and residual materials.
15
11 (8)
"Composting" means the eentrelle biological decomposition of organic waste by naturally
16
occurring bacteria under an aerobic process that is designed and monitored to yield a stable,
17
humus -like, pathogen -free compost product.
18
pefeext
19
12 (9)
"Composting pgdLPaEP means a surface, whether soil or manufactured, where the process of
20
composting takes place, and where raw and finished materials are stored.
21
(13)
"Construction and demolition debris landfill" and "C&DLF" mean a sanitary landfill unit
22
established in accordance with Rules .0531 through .0546 of this Subchapter for the land disposal
23
of C&D solid waste.
24
fU4 (" "Curing" means a continuation of the composting process after the high heat stage during whic
25
compost stability and maturity continue to increase. Curing occurs after completing the process to
26
further reduce Dathoeens and the reauirements for vector attraction reduction. the final st 4e of
27
28
29 (15) "C&D solid waste" means solid waste generated solely from the construction, remodeling, repair,
30 or demolition operations on pavement and buildings or structures. C&D solid waste may include
31 municipal and industrial wastes that are identical to materials generated from the construction,
32 remodeling, repair, or demolition operations on pavement and buildings or structures.
33 LU6""Demolition landfill" means a sanitary landfill that was limited to receiving stumps, limbs, leaves,
34 concrete, brick, wood, uncontaminated earth or other solid wastes approved by the Division, which
35 either ceased operation or was converted to a LCIDLF. Land Gleafing and Mee Debris Landfill
36 ptwsttafft to Rule 0563
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17) "Dieestate" means the organic material Droduced durine the anaerobic digestion Drocess. The
2 digestate is a wet mixture of solid and liquid that is rich in nutrients.
3 18 ""Division" means the Director of the Division of Waste Management or the Director's authorized
4 representative.
5 19""Erosion control measure, structure, or device" means physical devices constructed, and
6 management practices utilized, to control sedimentation and soil erosion such as silt fences,
7 sediment basins, check dams, channels, swales, energy dissipation pads, seeding, mulehing
8 mulching, and other similar items.
9 (NO)" "Explosive gas" means Methane (CH4)-. a landfill ,gas that will propagate a flame in air at 25 degrees
10 Celsius and atmospheric pressure, such as methane or hydrogen sulfide.
11 "
12
13 21 (4-0 "F'^ n" "Floodplain", "base floodplain", "one -hundred -year floodplain", or "100-year
14 floodplain" mean "base floodplain" as defined in G.S. 143-215.52. means the lowland and relatively
15 flat areas adjoining inland and eoastal waters, ineluding flood prone areas of offshore islands, whie
16 are iftundated by the inn year Reed.
17 (L2)" "Foreign matter" MatteF" means metals, glass, plastics, rubber, bones, and leather, but does not
18 include sand, grit, s rocks, or other similar materials.
19 (23) "Hazardous waste" means the term as defined in G.S. 130A-290(a)(8). The term does not include
20 those solid wastes excluded from regulation pursuant to 40 CFR 261.4, incorporated by reference
21 in 15A NCAC 13A .0106. The term does include hazardous waste ,generated by very small quantity
22 generators as defined by 40 CFR 260.10, incorporated by reference in 15A NCAC 13A .0102(b).
23 "
24 hazar-detts waste en or- in land in aeeer-danee with i%les pr-emulga4ed tinder- this al4ie
25 24 (" "Incineration" means the preeess-disposal of buming solid, semi -sell semi -solid, or gaseous
26 combustible wastes through a burning process designed to create to an :ne ff nsive a waste gas
27 emission that complies with 15A NCAC 02D and a waste residue containing little or no combustible
28 ma4er-iah material; but is not open burning.
29 (25) "Incinerator" means a device designed to dispose of solid, semi -solid, or gaseous combustible
30 wastes by incineration.
31 (M)(2,0) "Industrial process waste" Dreeess Waste" means any solid, semi -solid, or liquid waste generated
32 by a manufacturing or processing plant whieh that is a result of the manufacturing or processing
33 process. This definition does not include packaging materials associated with such activities.
34 (27) "Industrial solid waste" means the term as defined in G.S. 130A-290(a(�). Such waste maX
35 include waste resulting from electric power ,generation, water treatment, and manufacturing
36 processes for the following_
37 (a) fertilizer/agricultural chemicals;
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1 (b) food and related products or byproducts;
2 (c) inorganic chemicals;
3 (d) iron and steel;
4 (e) leather and leather products;
5 (fl nonferrous metals or foundries;
6 (g) organic chemicals;
7 (h) plastics and resins,
8 (i) pulp and paper;
9 (i) rubber and miscellaneous plastic products;
10 (k) stone, glass, clay, and concrete products;
11 (1) textiles; and
12 (m) transportation equipment.
13 This term does not include mining waste or oil and gas waste.
14 (28)(24) "Industrial solid waste landfill" Solid Waste Landfill" and "ISVVTP means mean a sanitary landfill
15 unit established in accordance with Rules .0503 through .0505 of this Subchapter for the disposal of
16 industrial solid waste, or for the exclusive disposal of scrap tires also known as a tire monofill.
17 "
18
19 .
20 (29) "Inert debris waste" means inert debris that consists solely of asphalt, cured concrete, brick, concrete
21 block, gravel, and rock. Inert debris waste shall not contain chemical adhesives or sealants, or lead-
22 based paint.
23 (30) "In -vessel composting" or "within -vessel" means the process in which decomposing organic
24 material is enclosed in a drum, silo, bin tunnel, or other container for the purpose of producing
25 compost under aerobic conditions.
26 31 (2-2) "Land clearing and inert debris landfill" or "LCIDLF" feats mean a landfill unit established in
27 accordance with Rules .0563 through .0567 of this Subchapter for the disposal of yard waste and
28 inert debris waste. f edit.. f r the !and disposal of land ,.lea Ping waste, eafier-ete, br-iek, eeffer-ete
29 .
30 LQ(23) "Land clearing waste" means land -clearing debris that consists solely of Bali waste .:,+ie"
31 stumps, trees, limbs, brush, grass, and other
32 naturally occurring vegetative material.
33 (33) "Landfill ,gas" means a ,gas or mixture of gases generated by the decomposition of solid waste in a
34 landfill.
35 "
36 #ffatigh or- drained fiFafn solid waste.
37 (34) "Licensed geologist" means the term as defined in G.S. 89E.
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1 (35) "Licensed professional engineer" means "professional engineer" as defined in G.S. 89C.
2 (36) "Licensed professional land surveyor" means "professional land surveyor" as defined in G.S. 89C.
3 (37) "Licensed soil scientist" means the term as defined in G.S. 89F.
4 38 (2-54 "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases that
5 whieh will propagate a flame in air at 25 degrees Celsius and atmospheric pressure.
6 (L9)(26) "Microbiological wastes" waste" means and cultures and stocks of etiologic agents. The
7 term includes cultures of specimens from medical, pathological, pharmaceutical, research,
8 commercial, and industrial laboratories.
9 (40)(2-7) "Mulch" means a material ,generated from the chipping or grinding of naturally occurring wood
10 waste such as tree stumps, limbs, and branches. Mulch shall not contain engineered, treated, or
l l manufactured wood waste such as creosote telephone poles or railroad ties; wooden pallets or skids;
12 laminated wood including flooring; painted, stained, or oiled wood; plywood; or composite boards
13 such as particle board, medium -density fiberboard (MDF), oriented strand board (OSB), or similar
14 products manufactured by binding or fixing the strands, particles, fibers, veneers or boards of wood
15 together to form a composite material. a preteetive ^ ^ of varietis s4stanees substanees
16 .
17 ,
18 ffeezing of r-oots, and weed growth.
19 (41) "Municipal solid waste landfill" and "MSWLF" mean a sanitary landfill unit established in
20 accordance with Section .1600 of this Subchapter for the disposal of municipal solid waste.
21 42 (28) "One l.•..,. redyear- flood" "One -hundred -year flood", "100-year flood", or "base flood" means
22 "base flood" as defined in G.S. 143-215.52. means ^ flood that has ^ one ^ e t eF less ehanee of
23
24 .
25 43 (29) "Open burning" means the term as defined in 15A NCAC 02D .1902.an flro .. herei he p..e4wts
26
28 44 (39) "Pathogens" means organisms that are capable of producing infection or diseases, often found in
29 waste materials.
30 L,�51" "Pathological wastes" waste" means and ineitides following wastes that are removed during
31 surgery and autopsies: human tissues, organs, body parts, secretions and excretions, and blood and
32 body flttids fluids. It also includes the carcasses
33 and body parts of al-l-animals that were have been exposed to pathogens that are infectious to humans
34 during research, were used in the production of biologicals or in the in vivo testing of
35 pharmaceuticals, or that died of a known or suspected infectious disease transmissible to humans.
36 disease.
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1 (32) "Ptitreseible" fnea-as solid waste eapable ef being deeempesed by fnier-eer-ganisms with stiffi
2 .
3 (46) "Putrescible waste" and "Putrescent" means solid waste that is capable of or is generating odors and
4 gases from the process of decomposition by microorganisms. Putrescible waste or solid waste that
5 may become putrescent may include medical waste, kitchen and food waste, offal, and carcasses.
6 means any waste eon4aining r-adieaefive material as defined in "Radioaefive waste G.S.
7
8 (47)(34) "Regulated Nledieal Waste" medical waste" means blood and body fluids in individual containers
9 in volumes greater than 20 milliliters, ffg-, microbiological waste, and pathological waste that have
10 not been treated pursuant to Rule .'�.1204 of this Subchapter.
11 48 (3-5) "Residues from " agricultural products and processing" means
12 solids, semi solids semi -solids, or liquid residues from food and beverage processing and handling,
13 silviculture, agriculture, haad a ; s:'.,:..'�.r :,..,'., , and aquaculture_perations. operations
14 The residues shall be that -are -non -toxic, non -hazardous, and shall contain no domestic wastewater.
15 L,�91(36) "Respondent" means the person against whom an administrative penalty has been assessed.
16 (37) "D,,,, e ff!' means the peftio of preeipitat o that .7r. iffs f em ., area as ,rF ee flow.
17 (50) "Sanitary landfill" means the term as defined in G.S. 130A-290(31). Landfills permitted in
18 accordance with Rules .0503 through .0505 and .0510 of this Subchapter, Rules .0531 throu hg 0546
19 of this Subchapter, and Section .1600 of this Subchapter are sanitary landfills. Land clearing and
20 inert debris landfills are not sanitary landfills.
21 (51) "Seasonal high groundwater table" and "SHGT" means the highest level of the uppermost aquifer
22 during a year with normal rainfall. SHGT may be determined in the field through identification of
23 redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of
24 predicted groundwater elevations.
25 52 (38) "Sediment" means solid particulate matter both mineral and organic, that has been or is being
26 transported by water, air, gravity, or ice from its site location of origin.
27 (53) "Septa eg management facility" means land, personnel, and equipment used in the management of
28 septage, including septage management firms as defined in G.S. 130A-290(a)(33), septage detention
29 and treatment facilities, and septage land application sites established in accordance with Rules
30 .0831 through .0846 of this Subchapter.
31 (5L4).
32 55 (40) "Siltation" means sediment resulting from accelerated erosion whie that is settleable or removable
33 by pr ydesigned, constructed, and maintained control measures and wkie has been transported
34 from its point of origin within the site land -disturbing activity and whie has been deposited, or is
35 in suspension in water.
36 56 (414 "Silviculture Waste" waste" means waste materials produced from the care and cultivation of forest
37 trees, including bark and woodchips.
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57) "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of a
2 mixture of organic matter and of sand, silt, and clay minerals.
3
5 58 (43) "Soil ;" scientist" means a person who is a licensed soil scientist as defined in G.S. 89F, or
6 an individual who ; ., Nort,, Carolina T ; sed Soil Se entist a Certified Professional Soil Scientist
7 or Soil Specialist by the American Registry of Certified Professionals Professional in Agronomy,
8 Crops, and Soils, or a person with equivalent
9 experience or education.
10 59 (44) "Solid waste collector" means any person who collects or transports solid waste by ,.,ha4evef mean
l l methods such as iffel iding btA a0t lifnited te, highway, rail, and navigable waterway.
12 60 (4 S) "Solid waste generator" means any person who produces solid waste.
13 61 (46) "Spoiled food" means any food whieh that has been removed from sale by the United States
14 Department of Agriculture, North Carolina Department of Agriculture, Food and Drug
15 Administration, or any other regulatory agency having jurisdiction in determining that food is unfit
16 for consumption.
17 (62) "Temporary debris storage and reduction site" mean parcels of land that are reviewed by the
18 Division to be used to store and process waste ,generated from an incident that caused a declaration
19 of a state of emergency or disaster in accordance with Chapter 166A, Article IA, Part 4 of the
20 General Statutes to assist with local and State recovery and compliance with the Robert T. Stafford
21 Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended. These sites may
22 also be established to store or process additional from a natural disaster such as a hurricane, tornado,
23 severe storm, ice storm, or a 100-year flood event, even if no declaration of a state of emergency or
24 disaster occurs. These sites shall be in accordance with Rule .0208(b) of this Subchapter.
25 "
27 63 (48) "Transfer " station" means a permanent structure with mechanical equipment established in
28 accordance with Section 0400 of this Subchapter that is used for the eelleetion collection,
29 consolidation, or compaction of solid waste prior to the transportation of solid waste for final
30 disposal.
31 (64)(49) "Treatment and processing facility" means a facility established in accordance with Section .0300
32 of this Subchapter for ,...the treatment and processing of solid waste €er—prior to the
33 transportation of solid waste for final disposal or for utilization by reclaiming or recycling.
34 65 (59) "Vector" means a carrier such as rodents, insects, and birds , that is
35 capable of transmitting a pathogen from one organism to another.
36 (66) "Vermicompost" means the product of the vermicomposting process that is a dark, fertile mixture
37 of decomposed organic waste, bedding material, and granular castings.
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1 (67) "Vermicomposting" means the controlled and managed process by which live worms convert
2 organic materials into vermicompost.
3 (68) "Vermiculture" means raising of earthworms for the purpose of vermicomposting.
4 69 (§-�) "Water supply watershed" means an area from which water drains to a point or impoundment, and
5 the water is then used as a source for a public water supply.
6 (LOI(5-1) "Water table" and "groundwater table" mean nwan-s-the upper limit of the portion of the ground
7 wholly saturated with water.
8 (71)(5-3) "W"Windrow composting" means a process for compost production in which decomposing
9 organic materials are placed in piles and are turned or agitated to assure all parts of the decomposing
10 material meet the requirements of Section .1400 of this Subchapter for pathogen reduction and
l l vector attraction reduction. an eleagmed eempest pile (t"ieally eig-M feet wide by ten feet high).
12 72 (54) "Working face" means that portion of the land solid waste disposal site where solid wastes are
13 discharged, spread, and compacted prior to the placement of cover material.
14 " means Solid waste r-estilting from landseaping and yard maintenanee sueh as bFush,
15 gFass, tree limbs, and similar- vegetative material.
16 (73)(* "Yard Waste" waste" means land -clearing waste and yard trash. "Yafd Trash" an "Land ell .-;^^
17 "
18
19 History Note: Authority G.S. 130A-294;
20 Eff. April 1, 1982;
21 Amended Eff. August 1, 2008; October 1, 1995; January 4, 1993; December 1, 1991; February 1,
22 1991.1991:
23 Readopted EUf. January 1, 2021.
24
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1
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
15A NCAC 13B .0102 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0102 APPLICABILITY
(a) The management of solid waste is subject to Chapter 130A Article 1 Part 2 and Article 9 of the General Statutes;
and shall be subject to the rules of this Subchapter. The rules of this Subchapter shall not apply to the management of
hazardous waste, with the exception of Rule .0103(h) of this Section.
Lb) 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.
These solid waste fna-nagefnea4 fules are for- gefter-al appheafien threttghet4 the Sta4e of Nefth Car-alina tMiess
ethefwise speeifieally indieated by their eantext. Rules figtmd in Seetien .0700 of this Subehapter apply to the
Division's pr-egr-afn for- selidwaste ma-aagemen4 and also to the Division's pr-agr-afn for- hazar-daus waste management.
All other- fules of this Subehaptef apply to the Division's pr-again for- selid waste fna-aagement but not to the Divisie
program for- hazardetts waste fna-nagemen4. Other- hazafdaus waste managefnen4 program fules afe fi3tind in 1
NCAC 13A. The offieial pokey and purpose of the State of North Carolina in regard to solid waste eontfol is set forth
in Artiele 9 of ChapteF 130A of the North Carolina General Statutes.
History Note: Authority G.S. 130A-294;
Eff April 1, 1982;
Amended Eff. February 1, 1991; October 1, 4984.1984;
Readopted Ejf. January 1, 2021.
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1 15A NCAC 13B .0103 is proposed for readoption with substantive changes as follows:
3 15A NCAC 13B .0103 GENERAL CONDITIONSREQUIREMENTS
4 (a) All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of
5 in a manner consistent with the requirements of these PWIes. The rules of this Subchapter. The Division of Solid Waste
6 '_`. anagemen is responsible for the enforcement of the rules of this Subchapter.
7 (b) No solid waste containing radioactive waste material as defined in G.S. 104E-5 shall be collected and transported,
8 stored, treated, processed, disposed e,&of or reclaimed, except as specifically authorized by a radioactive material
9 license issued by the Department of Health and Human Services, Division of Health Service Regulation, Radiation
10 Protection Section. Radiation n-eteet; e. DEHN-R
11 (c) Solid waste shall be disposed of a4 e solid waste disposal site in accordance with Article 9 of Chapter 130A of the
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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). Ithe Sera wAlaste ra. nagemen4 Aet and the
Federal Aet. Hazardous waste, lead aeid batteFies, liquid waste, ineluding used oil, regulated medieal waste, and any
other- wastes that may pose a threat to the envifownen4 eF the public health, as determined by the Division, are
(d) In addition to the requirements of G.S. 130A-309.10, hazardous waste, liquid waste, and regulated medical waste
are prohibited from disposal at a solid waste disposal site. The Division may prohibit a waste stream of a particular
We 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
articular solid waste manaeement facilitv. If the Division prohibits such a waste stream. the Division shall notifv all
affected facilities in writing and shall post a notice on the Division's Solid Waste Section website at
https:Hdeq.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 We 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.
(d) The Division has developed a "Pr-eeedufe and Criteria for- Waste Petefmiamiaa" whieh is used to deteFmiae
whether- a waste is!
..
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1 .
2
3 Solid Waste Management Faeility is pefmitted to sefve if the eampanefItS Of the Waste
5 ,
6 the e en4s of the waste e n mot be readily ,7ete,mi ed otherwise.
7 (E) A load of waste w-hieh a sanitary landfill operator- suspeets may een4ain materials whieh
8
10 .
11 .
12 (14) Other- wastes deemed appr-epr-iate by the Division fef testing befefe tfanspeffing te a solid
13 waste management f edit,.
14 (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
15 entering waters or being deposited upon lands of the state. State.
16 (f) Solid waste disposal sites includingsanitary landfills, land clearing and inert debris landfills, and incinerators shall
17 comply with the same requirements as "new solid waste disposal facilities" provided in G.S. 143-215.54 in accordance
18 with the applicability and effective dates of S.L. 2000-150. Aqiite Goods shall not be disposed of a4 a solid waste
19 .
20 (g) By ha1T1, 19;-a1 &11 solid waste management facilities owned and operated by or on behalf of a local
21 government gevefnmen4, e ept f ,..hies ,.,, ieh will r-eeeive ne ante after- aly , ' 992, shall ifstal-l-have scales and
22 shall weigh all solid waste when it is received at the facility.
23 , eaeh leeal gevemment operating a pefmitted solid waste management faeilit-y shall inifi4e
24 solid waste r-eeyehng pr-egr-am w-hieh shall be designed to aehieve the goa4 ef r-eeyehng at least 25 pereef4 of the
25
ffpanieipal solid waste stfeam by jai+uar-y 1, 1993, prior- to final disposal or- ineinefation a4 a solid waste disposal faeili�,-
26
27 with liners, leaeha4e ealleetion systems and final eever- systems as r-equir-ed in Seetions .0500 and .1600 of
28 Sub
29 (h) When the Division assesses an administrative penalty for violations of Article 9 of Chanter 130A of the General
30 Statutes and the rules adopted thereunder, the penalty shall be assessed in accordance with G.S. 130A-22 and the
31 following assessment procedures:
32 (1) For all violations for which a penalty is assessed, a notice of the assessment shall be sent to the
33 respondent by US Postal Service registered or certified mail, or hand -delivered. The notice shall
34 describe the nature of the violation, state the amount of the penalty and the costs assessed in
35 accordance with G.S. 130A-22(j) ("investigative costs"), state when the penalty and investigative
36 costs are due, state that each day of a continuing violation will constitute a separate violation, and
37 advise the respondent of the right to appeal in accordance with G.S. 150B.
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(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 penal , 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.
History Note:
26 1989-,-
Authority G.S. 130A-294;
Eff. April 1, 1982;
Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September 1, 49990:1990;
Filed as a Temporary Amendment Eff. October 28, 1988, for a Period of 180 Days to Expire on
April26, 1989;
Readopted Eff. January 1, 2021.
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C-59
1 15A NCAC 13B .0104 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0104 SOLID WASTE STORAGE
4 (a) The owner or occupant of any property, unless exee�exempted from the rules of this Subchapter in
5 accordance with G.S. 130A-294(b1, as sspeei€ ed in Rule .n, 03(e) f this Subehapte. shall be responsible for the
6 sanitary storage of all solid waste accumulated on the property.
7 (b) Unless another type of container is required by the unit of local government, ag )age Garbage -shall be stored in
8 0:� durable, rust -resistant . n�ant, nonabsorbent, watertight, rodent proof, and easilycleanable
9 containers with a close -fitting cover that is impervious to flies. , or- othef
10
11 (c) Refuse shall be stored in durable containers that are consistent with the requirements of the unit of local
12 government. ,
14
15 (e) All eonlainers for- the star -age of solid waste shall be maintained in sueh a manner- as to pr-event the or-eation of a
16 . ftsanitai=y eonditions. Gefftaiaer-s that are broken or otherwise fail to meet this Rule shall be replaeed with
17 aceeptable een4ainers. Refuse too large or other -wise not suitable for storage in con4ainers shall be stored in a nuisaneee
18 .
19 (4}U All solid waste shall be stored it stieh a ma -after using safe and sanitary practices for the preservation of the
20 public health and welfare and the environment that prevents the generation of leachate, the attraction of vectors, the
21 release of odors, and the release of waste or leachate to the environment. as to pr-evei# the ,feat.,n of a nuisance
23
24 History Note: Authority G.S. 130A-294;
25 Eff April 1, 1982;
26 Amended Eff. February 1, 4988-1988;
27 Readopted f fJanuaa 1, 2021.
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C-60
1 15A NCAC 13B .0105 is proposed for readoption as follows:
2
3 15A NCAC 13B .0105 COLLECTION AND TRANSPORTATION OF SOLID WASTE
4 (a) The solid waste collector shall be responsible for the collection and transportation of all solid waste to a solid
5 waste management facility as domed in G.S. 130 n eon that is permitted by the Division.
6 (b) The solid waste collector shall transport to a solid waste disposal site or solid waste managementfacility only
7 those solid wastes that are allowed by the site or facility permit.
8 (c) Vehicles or containers used for the collection of solid waste, and transportation by whatever means, including
9 highway, rail, and navigable waterway, shall be constructed, operated, and maintained to be leak resistant in order to
10 prevent the creation of a nuisance to public health from the escape of solid, semi -solid, or liquid waste. In order to
11 meet the requirement to be leak resistant, the owner or a- operator of the vehicle or container shall adhere to the
12 following standards:
13
(1)
All surfaces that come in contact with waste shall be smooth and non -absorbent.
14
(2)
All drain holes and valves shall be closed, plugged, or sealed.
15
(3)
The vehicle or container shall be equipped with seals, gaskets, or other devices pursuant to
16
manufacturer specifications in order to prevent the escape of liquids. Such seals, gaskets, and other
17
devices shall be maintained and replaced pursuant to manufacturer specifications.
18
(4)
The vehicle or container body, waste holding area, and hopper, if so equipped, shall be free of holes,
19
cracks, rusting, corrosion, or other evidence of damage or weakness that may allow the escape of
20
solid, semi -solid, or liquid waste.
21
(5)
The waste holding area, including the hopper and around the packer blade, if so equipped, shall be
22
elean clear of debris to prevent vectors or the accumulation of litter.
23
(6)
The vehicle or container shall be loaded, transported, operated, and maintained to prevent the escape
24
of solid, semi -solid, or liquid waste to the environment.
25
(7)
The vehicle or container shall be serviced, repaired, and cleaned to main4ain saflital=Y e0fidifiefts', to
26
preserve the integrity of the door seal, to prevent the accumulation of mechanical fluids, dirt,
27
leachate, and filth waste particulates on the vehicle's exterior, and to prevent contamination of the
28
environment by fluids.
29
30 History Note: Authority G.S. 130A-294(b); S.L. 2013-413;
31 Eff April 1, 1982;
32 Amended Eff. March 16, 2017; February 1, 498-8-.1988;
33 Readopted E,(f. January 1, 2021.
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15A NCAC 13B .0106 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0106 GENERATOR OF SOLID WASTE
(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.
the satisfaetery o
eelleetion and disposal of solid waste.
(b) Unless exempted from the rules of this Subchapter in accordance with G.S. 130A-294(b), the 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 whie that is permitted by the Division to receivethe waste. such waste in accordance with the rules of this
Subchapter.
History Note: Authority G.S. 130A-294;
Eff. January 1, 498-5.-1985:
Readopted Elf. January 1, 2021.
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C-62
1 15A NCAC 13B .0201 is proposed for readoption with substantive changes as follows:
2
3 SECTION .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES
4
5 15A NCAC 13B .0201 PERMIT REQUIRED
6 (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or
7 disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except
8 as provided in G.S. 130A-294(b).
9 (b) No person shall cause, suffer, allow, or permit the treatment, storage, g processing or disposal of
10 solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without
11 obtaining a permit for a solid waste management facility from the Division authorizing such
12 activity, except as provided in G.S. 130A-294(b).
13 (c) No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified
14 without a eurrently-valid permit issued by the Division for the specified type of disposal activity. It is the responsibility
15 of every owner or and operator of a proposed solid waste management facility to apply for a permit for the facility.
16 The term 'owner" shall include record owners of the land where the facility is located or proposed to be located and
17 holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is
18 located or proposed to be located.
19 (d) The solid waste management facility permit, except for permits authorizing land clearing and inert debris peffflits
20 landfills, septa ee management facilities, or compost facilities, shall have two parts, as follows:
21 (1) A permit approval to construct a solid waste management facility or portion of a facility shall be
22 issued by the Division after site and construction plans have been approved by the Division and it
23 has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A
24 and the applicable rules set forth in this Subchapter, and other applicable staff State, federal, and
25 local laws. An applicant shall not clear or grade land or commence construction for a solid waste
26 management facility or a portion thereof until a permit approval to construct has been issued.
27 (2) A permit approval to operate a solid waste management facility shall not be issued unless it has been
28 determined that the facility has been constructed in accordance with the construction plans, that any
29 pre -operation conditions of the permit to construct have been met, and that the permit has been
30 recorded, if applicable, in accordance with Rule 0204 of ths eeetion G.S. 130A-301.
31 (e) Land clearing and inert debris €aeili ies landfills, septa eg management facilities, and compost facilities may be
32 issued a combined permit that includes approval to construct and operate the facility.
33
34 netifieation as provided for tinder- Rule.0563(2) of this S4ehapten
35 L1 W All solid waste management facilities shall be operated in conformity with the rules of this
36 Subchapter and shall utilize safe and sanitarypractices for the preservation of the public health and welfare and the
37 environment by preventing the generation of leachate, the attraction of vectors, the release of odors, and the release of
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1 waste or leachate to the environment;
2 hazard.
3 (a) Disposal area boundaries for landfills permitted in accordance with Sections .0500 or .1600 of this Subchapter
4 shall be delineated with permanent markers on the around. The markers shall be of adequate height and spacing so
5 that they are distinguishable from the surrounding landscape, and so that the adjacent markers are visible when
6 standing at a marker.
7 (h) The owner or operator shall notify the Department within 30 days of a significant change in accordance with G.S.
8 130A-295.2(g). The owner or operator shall submit an application to amend a permit for a change in ownership or
9 corporate structure of a permitted solid waste management facility. If the facility is required to establish financial
10 assurance pursuant to Section .1800 of this Subchapter, then the facility shall not be released from the requirement to
11 establish financial assurance until the Division has issued a permit to the new owner.
12 (i) Permits issued by the Division are subject to review by the Division. The Division shall provide written notice to
13 a facility no less than 180 days prior to an unscheduled review.
14 (i) Solid waste management facilities permitted by the Division in accordance with this Subchapter are subject to
15 Article 1 Part 2 and Article 9 of Chapter 130A of the General Statutes, 15A NCAC 02C, 02L, 04, and the surface
16 water quality standards in 15A NCAC 02B. [Note this list is not comprehensive, and is provided for information only.]
17
18 History Note: Authority G.S. 130A-294; °mn2015 286 s.4T
19 Eff. April 1, 1982;
20 Amended Eff. January 4, 1993; February 1, 1991; March 1, 1988;
21 Temporary Amendment Eff. May 19, 1993 to expire on October 9, 1993 or until the permanent rule
22 becomes effective, whichever is sooner;
23 Temporary Amendment Expired Eff. October 9, 1993;
24 Amended Eff September 1, 2016; August 1, 20W.2008;
25 Readopted E,ff. January 1, 2021.
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C-64
1 15A NCAC 13B .0202 is proposed for readoption as follows:
2
3 15A NCAC 13B .0202 PERMIT APPLICATION
4 (a) ^ „� Applications for permits required by Rule .0201 of this Section shall be €sfwaflec submitted to the
5 Department of Ei neet,Health and TslatuFal Reseurees, Environmental Quality, Division of Selid—Waste
6 Management, Solid Waste Section, Post nFr^e Bo) 2 768 7, 1646 Mail Service Center, Raleigh, North Carolina 27699-
7 1646.'''�Permit applications shall contain the following information:
8 (1) site and construction plans;
9 (2) An an approval letter from the unit of local government having zoning authority over the area where
10 the facility is to be located stating that the proposed facility meets all of the requirements of the local
11 zoning ordinance, or that the site is not zoned;
12 (3) Detailed plans and specifications for solid waste management facilities shall be prepared and
13 certified by a licensed professional engineer if required by G.S. 89C. exeept for- !a-nd elea-ing ana
14 inert debris landfills subjeet to Rule .0563(1) of this Subehapter. The plans shall bear an imprint of
15 the registration sea of the engineeF and geologieal Geological studies shall be certified by bear the
16 sea! of a licensed professional geologist, in ae ordanee with N r r_ c Chapter -if required by G.S.
17 89E; and
18 (4) other information for the proposed €aeihtfacility, if it is necessary to determine
19 compliance with the requirements of this Subchapter.
20 (b) Specific information for a permit application is found in Sections .0300 through .1600 . , . of
21 this Subchapter.
22 (c) All applications for a permit approval to construct as set forth in Rule .0201(d)(1) of this Section shall also include
23 documentation necessary to determine compliance with G.S. 130A-295.2 and G.S. 130A-295.3, such as the following_
24 (1) cost estimates for financial assurance if the facility is subject to Section .1800 of this Subchapter;
25 (2) documentation that the Division may request to determine compliance with the requirements for
26 financial qualifications in accordance with G.S. 130A-295.2(d), if ML
27 (3) the environmental compliance history for the applicant as defined in G.S. 130A-295.3(a); and
28 (4) if the applicant is a business entity, an organizational chart showing the structure of the applicant as
29 defined in G.S. 130A-295.3(a)(i) through (iii).
30 (d) All applications for a permit approval to operate as set forth in Rule .0201(d)(2) of this Section shall also include
31 documentation necessary to determine compliance with G.S. 130A-295.2 and G.S. 130A-295.3, such as the following_
32 (1) updated cost estimates for financial assurance if the facility is subject to Section .1800 of this
33 Subchapter;
34 (2) the executed financial assurance mechanism if the facili , is subject to Section .1800 of this
35 Subchapter;
36 (3) an updated environmental compliance history for the applicant as defined in G.S. 130A-295.3(a);
37 and
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(4) if the applicant is a business entity, , an updated organizational chart showing the structure of the
applicant as defined in G.S. 130A-295.3(a)(i) through (iii).
(e) When a permit applicant submits a complete application for a permit to the Division prior to the expiration date
of the existing permit for the facility, including the payment of an annual fee and permit application fee if required by
G.S. 130A-291.1 or 130A-295.8, the existing permit shall not expire until a decision on the permit application is made
by the Division.
History Note: Authority G.S. 130A-294;
Eff April 1, 1982;
Amended Eff. January 4, 1993; February 1, 1991; September 1, 1990; August 1, 4988-1988;
Readopted E,(f. January 1, 2021.
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1 15A NCAC 13B .0203 is proposed for readoption as follows:
2
3 15A NCAC 13B .0203 PERMIT APPROVAL OR DENIAL
4 (a) Upon receipt of a permit application, the Division shall review the request to assure that all provisions of these
5 Rules, the Solid Waste Management Act, and the Federal Resource Conservation and Recovery Act, as amended, will
6 be met. The Division shall review permit applications in accordance with the timelines established in G.S. 130A-
7 295.8 e . Based on its review, the Division shall either approve or deny the request in writing.
8 (b) When an application is approved, the applicant shall be provided a permit. If the approval is contingent upon
9 certain conditions being met by the applicant, such as a final construction inspection or obtaining a local government
10 franchise approval, such conditions shall be noted on the permit.
11 (c) Before receiving solid waste at a newly permitted facility, an inspection shall be made by a representative of the
12 Division to assure that the site is prepared in accordance with the permit, and the permit shall be recorded in accordance
13 with G.S. 130A-301.with the Register- of Deeds in the eaupAy where the f4eility is leeated in aeeefdanee with the
15 (d) By receiving solid waste at a permitted facility, the s) permittee shall be considered to have accepted
16 the conditions of the permit and shall comply with the conditions of the permit.
17 (e) When the Division denies a permit for a solid waste management facility, it shall state in writing the reason for
18 such denial and shall also state its estimate of the changes in the applicant's proposed activities or plans whie that
19 will be required for it o�the applicant may to obtain a permit. A denial shall be without prejudice to the
20 submission of a future application for a permit after revisions are made to meet objections specified as reasons for
21 denial. The Division shall deny permit as set forth in G.S.130A-294(a)(4)c, or for the following reasons Reasons fe
22 den
ial n
23 (1) S4fnissi submission of incomplete information;
24 (2) lie failure to meet the requirements of this Subchapter; of
25 (3) Failufe failure to meet -9.-requirement or standard set forth in Article 9 of Chapter
26 130A of the rr.49—.General Statutes; or
27 (4) A" other- reasons ,.,hie siting design, construction, or operation plans that would prevent the solid
28 waste management facility or site from being operated in the future in accordance with Article 9,
29 Chapter 130A of the General Statutes, *the requirements of this Subchapter, the Federal
30 Resource Conservation and Recovery Act, as amended, or G.S. 89C or 89E.^et, er ��
31
32 (f) Appeals of permit decisions shall be in accordance with Article 3, Chapter 150B of the General Statutes 3-of
33 ., , and the #tiles rules adopted thereunder.
34 (e) The Division may suspend or revoke a permit in accordance with G.S. 130A-23. If the Division revokes or
35 suspends a permit, the Division shall notify the owner or operator in writing of the reasons for the permit action.
36
37 History Note: Authority G.S. 130A-294;
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C-67
Eff April 1, 1982;
Amended Eff. August 1, 2008; February 1, 1991; August 1, 1988; February 1, 49881 888:
Readopted E,(f. January 1, 2021.
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C-68
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15A NCAC 13B .0204 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0204 RECORDATION OF LAND DISPOSAL PERMITS
(a) Whenever- the Divisien approves a pefmit for- a sanitafy !a-ndfill er- a f4eility for- the disposal of hazaMetts waste
authorized representative. The pefmit shall inelude a legal deseription of the site that would be suffieien4 as a -
land shall file the eeftified eepy of the pemit in the fegister- of deeds' effiee in the eounty or- eeufAies in whieh the
land is leeated,
(e) The register- of deeds shall reeefd the certified cepy and index it in the gr-af4er ifide* tmder- the name of the own
of the !and.
(d) The pefmit shall net be eff-eetive unless the eeAified eepy is filed as required under- Paragraph (b) of this Rule.
(e) When any sanitary landfill eF a faeilit-y for- the disposal of hazardetts waste en land is sold, !eased, eenveyed o-F
type than that used in the bedy of the deed or instfum&4 a statement that the property has been used as a sanitary
landfill or a disposal site fof hazaFdotis waste and a referenee by book and page to the recordation ef the permit.
History Note: Authority G.S. 130A-294;
Eff. April 1, 49,92-.1982:
Repealed Eff. January 1, 2021.
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C-69
1 15A NCAC 13B .0207 is proposed for readoption as follows:
2
3 15A NCAC 13B .0207 LIFE -OF -SITE PERMIT ISSUED FOR A SANITARY LANDFILL OR TRANSFER
4 STATION
5 (a) A transfer station permit issued in accordance with Section .0400 of this Subchapter, or a aew-e sanitary
6 landfill permit issued in accordance with Section .0500 of this Subchapter for industrial solid waste landfill facilities
7 or construction and demolition landfill facilities or Section .1600 of this Subchapter for municipal solid waste landfill
8 facilities , . shall be
9 for the life -of -site as defined in G.S. 130A-294(a2).
10 (b) A "mite -permit application for a new sanitary landfill for the life -of -site shall eentain design, eensti-de
1 1 shall state the duration of the life -of -site in the site
12 development or facilitv elan prepared in accordance with Section .0500 or .1600 of this Subchapter: and shall show
13 the phases or progression of operation in periods of no less than five years and no greater than the life -of -site. life of
14
the site as eontained in the f4eility plan. The life of site of a sanitary landfill shall be speeified in the f4eility pl—ain-
15 prepared ; aecordance with Seel on 0500 , i 600 of this c„w,a,apte,
16 (c) A sanitary landfill that has an existing permit issued by the Division as-efnp or to July 1, 2016 shall be approved
17 for a "mite -permit for the life -of -site within 90 days of submittal of the following updated permit information:
18 (1) a specification of the duration of the life -of -site stated wed in the site development or facility
19 plan;
20 (2) landfill capacity in years, projected for the life -of -site; 4 eF ,
21 (3) average monthly disposal rates and estimated variances; and
22 (4) a copy of the local government franchise agreement or approving resolution for the life -of -site. life
23 roc
24 (d) Each phase within a "mite -permit for sanitary landfills shall be designed and constructed in accordance with
25 Sections .0500 or .1600 of this Subchapter. Site development plans shall show the phases or progression of
26 construction and operation in periods of no less than five years and no greater than the life -of -site life of the siteas
27 eafi4ained stated in the site development or facility plan.
28 (e) A 4fe-ef-&4-permit application for a transfer station for the life -of -site shall conform to the requirements of
29 Section .0400 of this Subchapter. Subehapter and shall eentain a site plan for- the life of the site. A speeifieation of the
30 life of site of a transfer station shall be quantified The duration of the life -of -site shall be stated in the site plan prepared
31 in accordance with Section .0400 of this Stibeh pter—.Subchapter. The site plan shall be for the life -of -site.
32 (f) A transfer faeflity station that has an existing permit as-ef ssued by the Division prior to July 1, 2016 shall be
33 approved for a life -of -site permit upon submittal of a written request for approval of a permit for the life of the site for
34 the transfer station. The duration of the life -of -site shall be stated in the request. that shall inel .ao a spee fieatio a
35 the , , tified life of site
36
37 History Note: Authority G.S. 130A-294; ram.'.. 2015-286T4.9;
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Eff March 16, 201-7-.2017;
Readopted E,(f. January 1, 2021.
24 of 86

C-71
1 15A NCAC 13B .0208 is proposed for adoption as follows.
2
3 15A NCAC 13B .0208 PERMIT EXEMPTIONS
4 (a) A collection center shall not be required to obtain a permit from the Division for the construction or operation of
5 these facilities if the facility perations comply with Article 9 Chapter 130A of the General Statutes, the rules of this
6 Subchapter, and the following conditions:
7 (1) This Rule does not exempt collection centers and their operations from any other applicable local,
8 State, or federal permittin and nd operational requirements, if such requirements exist.
9 (2) Collection centers shall not receive solid waste generated from non-residential activities or by
10 commercial waste collection services. Facilities that receive such waste shall comply with the
11 requirements for transfer stations in accordance with Section .0400 of this Subchapter.
12 (3) Solid waste received at collection centers shall be stored in accordance with Rule .0104 of this
13 Subchapter. Garbage shall not be stored at the collection center for more than seven days between
14 the time of collection and the time of disposal at a solid waste management facility permitted in
15 accordance with the rules of this Subchapter to accept such waste. Refuse shall not be stored at the
16 collection center more than 90 days between the time of collection and the time of removal to a solid
17 waste management facility permitted in accordance with the rules of this Subchapter to accept such
18 waste.
19 (4) Source -separated recyclables such as paper, plastic, and electronics that would commonly be
20 collected by a local curbside recycling collection program but are instead being collected at the
21 collection center for the purpose of recycling are not subject to the requirements of Subpara rg aph
22 (2) of this Rule, and shall be managed in accordance with G.S. 130A-309.05(c).
23 (5) The following items shall not be accepted at collection centers for the purposes of disposal:
24 (A) construction, demolition, or industrial wastes from commercial or industrial sources;
25 (B) burning or smoldering waste;
26 (C) asbestos -containing materials, unless it is generated by an individual property owner and
27 is packaged and handled to prevent the material from being friable;
28 (D) radioactive waste;
29 (E) hazardous waste;
30 (F) regulated medical waste;
31 (G) animal carcasses;
32 (H) liquid waste unless it is in containers similar in size to containers found in household waste;
33 and
34 (I) items banned from landfill disposal pursuant to GS 130A-309.10.
35 (6) Owners and operators of collection centers shall allow the Division to enter the collection center
36 property to inspect any facilities, equipment, practices, or operations to determine compliance with
37 Article 9 Chapter 130A of the General Statutes or the rules of this Subchapter.
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1 ( A temporary debris storage and reduction site (site) shall not be required to obtain a permit from the Division for
2 the temporary operation of these sites for solid waste management after a disaster event if the operations comply with
3 Article 9 Chanter 130A of the General Statutes. the rules of this Subchapter. and the followine conditions:
4 (1) The landowner or operator of the site shall submit notification of the proposed site to the Division
5 on a site evaluation form that shall include the following:
6 (A) site name, address, city, county, parcel identification number, and latitude and longitude
7
8 (B)
decimal degrees, driving directions to the site, and acreage of the site,
a description of the responsible parties for the site and their affiliation to the site;
9 (C)
primal operator contact name, telephone number, and e-mail address;
10 (D)
local contact name, telephone number, and e-mail address;
11 (E)
12 (F)
13 (G)
,government
landowner name, address, telephone number, and e-mail address;
waste types proposed to be accepted;
proposed site operations and procedures for waste acceptance, handling, reduction, and
14
15 (H)
removal;
proposed destination of waste or materials removed from the site; and
16 (1)
an aerial photograph indicating the proposed waste handling areas at the site and the buffer
17
areas required in accordance with this Rule.
18 (Note: the site evaluation form may be found on the Division's website at:
19 https:Hdeq.nc.gov/about/divisions/waste-management/waste-mana eg ment-permit-guidance/solid-
20 waste-section/disaster-debris]
21 (2) Unless a site is located at a solid waste management facility that has been permitted by the Division
22 in accordance with the rules of this Subchapter, or that has submitted notification to the Division in
23 accordance with Rule .1402(g)(1)(A) of this Subchapter, sites shall be owned or operated by one of
24 the following:
25 (A) a county government as defined in G.S. 153A-10;
26 (B) a city government as defined in G.S. 160A-1;
27 (C) a State or federal agency or institution;
28 (D) a State or federally -recognized Indian tribe; or
29 (E) a third -par!. entity under contract with one of the entities in Parts (A) through (D) of this
30 Subparagraph with authorization of the landowner.
31 (3) A site shall meet the following siting requirements for the acceptance, storage, and processing of
32 yard waste and demolition debris:
33 (A) Waste storage, processing, and handling areas shall be located no less than 100 feet from
34 property boundaries, on -site structures, residences, private or public wells, septic tank
35 systems, and surface waters.
36 (B) Waste storage, processing, and handling areas for demolition debris shall be located no less
37 than 250 feet from potable wells.
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C) Grindine operations shall be located no less than 300 feet from residence and business
2 properties and publicly owned roads and properties, unless the Division states a reduced
3 buffer in the conditional approval letter because the We of grinding equipment or
4 procedures proposed to be utilized will reduce the impacted area.
5 (D) A site shall not be located in wetlands as delineated by the U.S. Fish and Wildlife Service
6 (FWS) National Wetlands Inventory Wetlands Mapper, which can be accessed from the
7 U.S. FWS website at https://www.fws.gov/wetlands/index.html.
8 (E) A site shall not be located in the floodway as defined in 44 CFR 9.4, which can be accessed
9 free of charge at hiips://www.ecfr. o�v.
10 (F) A site shall not be located in the 100-year floodplain as delineated by the NC Flood Risk
l l Information SystemFRIS) unless exempted from this requirement by the Division in the
12 letter of conditional site approval. When making the determination to exempt a site, the
13 Division shall consider the availability of other potential locations for a that are not in the
14 100-year floodplain, the need for additional sites following an emergency. o�jor disaster,
15 the amount and types of waste proposed to be stored at the site, and the proposed waste
16 handling activities at the site. The NC FRIS mapping tool can be accessed from the NC
17 Floodplain MappingProgram website at hiips:Hfris.nc.,gov/fris/?ST=NC.
18
(G) A site shall not damage or destroy a property of archaeological or historical significance
19
that has been listed on the National Register of Historic Places or included on the Study
20
List for the Register pursuant to 07 NCAC 04R .0206 and .0300, respectively. The Division
21
or the site operator shall obtain a site -specific survey from the State's Historic Preservation
22
Office (SHPO) in the Department of Natural and Cultural Resources, and the Division shall
23
include the site -specific survey response on SHPO letterhead with the letter of site pre-
24
approval obtained in accordance with Subpara rg aph (8) of this Paragraph.
25
(H) The location, access, size, and operation of the site shall not have an adverse impact on any
26
component included in the State Nature and Historic Preserve pursuant to G.S. 143-260.10.
27
The Division or the site operator shall obtain a site -specific survey from the Natural
28
Heritage Pro rg am (NHP) in the Department of Natural and Cultural Resources, and the
29
Division shall include the site -specific survey response on NHP letterhead with the letter
30
of site pre -approval obtained in accordance with Subparagraph (8) of this Paragraph.
31
(I) A site shall not jeopardize the continued existence of endangered or threatened species or
32
result in the destruction or adverse modification of a critical habitat protected under the
33
Federal Endangered Species Act of 1973, Public Law 93-205, as amended. The Division
34
or the site operator shall obtain a site -specific survey from the Natural Heritage Program
35
(NHP,) in the Department of Natural and Cultural Resources, and the Division shall include
36
the site -specific survey response on NHP letterhead with the letter of site pre -approval
37
obtained in accordance with Subparagraph (8) of this Paragraph.
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1
(j) The site shall comply with 15A NCAC 04 for sedimentation and erosion control.
2
The Division may amend the buffer requirements of Parts (A) through (C) of this Subpara ra,€�nh if
3
it is necessary for the preservation of the public health and the environment, or if additional waste
4
handling areas are necessary to expedite recovery from a disaster or emergency.
5
(4)
A site shall accept only waste generated by a disaster event for storage, segregation, processing and
6
reduction. A site shall not be used for solid waste management at any time other than following a
7
disaster event. For the purposes of this Rule, "disaster event" means one of the following:
8
(A) a natural or man-made event that causes a declaration of a state of emergency or disaster
9
in accordance with Chapter 166A, Article IA, Part 4 of the General Statutes;
10
(B) a hurricane, tornado, severe storm, ice storm, or a 100-year flood event.
11
(5)
A site shall not accept any waste other than yard waste and demolition debris, except that it may
12
accept household hazardous waste, white goods, or electronics under the following conditions:
13
(A) the solid waste management facility that accepted the household hazardous waste, white
14
goods, or electronics prior to the disaster event is not able to accept these wastes after the
15
disaster event;
16
(B) the site operator shall submit to the Division a plan for the handling and removal of
17
hese
household hazardous waste, white goods, and electronics in writing prior to acceptingthese
18
wastes after a disaster event;
19
(C) the household hazardous waste, white goods, and electronics shall be stored in containers
20
that comply with Rules .0104 and .0105 of this Subchapter; and
21
(D) the household hazardous waste, white goods, and electronics shall be removed from the
22
site within 30 days of receipt and managed in accordance with Article 9 of Chapter 130A
23
of the general statutes and the rules of this Subchapter.
24
(6)
A site shall comply with any local, State, and federal siting, permitting and operational laws, rules,
25
and ordinances, and with the requirements of the Federal Emergency Management Act.
26
(7)
The open burning of solid waste is prohibited at a site unless approved by the Division of Air Quality
27
or an EPA -delegated local air program prior to burning after a disaster event. The site shall comply_
28
with 15A NCAC 02D, and any additional siting buffers that may apply to burning activities. Ash
29
generated by the burning of solid waste at a site shall be handled in the same manner as ash generated
30
by a solid waste management facility in accordance with G.S. 130A-309.05(b).
31
(8)
The site operator shall obtain a letter of site pre -approval from the Division stating that the Division
32
has determined that the site meets the conditions of Subparagraphs (1) through (6) of this Para rgraph,
33
and providing the site identification number desi ag,n ted by the Division. The Division mayprovide
34
additional conditions for site use in the letter of site pre -approval if it is necessary to comply with
35
the requirements of this Subchapter, or to assist with local and State recovery and compliance with
36
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
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C-75
amended. The Division may revoke the letter of site me-annroval if the site no longer comnlies with
2
the requirements of this Rule.
3
(9)
The site operator shall notify the Division verbally or in writing that the site is accepting waste
4
within 14 days of initial acceptance of waste after a disaster event.
5
(10)
All solid waste shall be removed from the site for disposal, recycling, or reuse within 180 days of
6
initial waste acceptance after a disaster event or emergency, unless the owner or operator requests
7
an extension of time for waste removal in writing, and the Division grants the extension in writing_
8
In making the determination to grant the extension, the Division shall consider factors such as the
9
type of emergency or disaster and the effects on the part of the State in which it occurred, the amount
10
and Wes of waste stored at the site, the efforts taken by the owner or operator to remove the waste,
11
the compliance history of the owner or operator, and any extenuating circumstances that have caused
12
the delay provided by the owner or operator in the request.
13
(11)
Yard waste that has been reduced or processed, such as chipped wood or mulch, and removed from
14
a site is not subject to regulation as a solid waste or the requirements of this Subchapter if it is
15
managed as a recovered material in accordance with G.S. 130A-309.05(c) by the person receiving
16
the material.
17
(12)
Within 30 days of the removal of all solid waste, the site shall be graded to prevent ponding of
18
surface water, and vegetative groundcover shall be established.
19
20
History Note:
Authority G.S. 130A-294;
21
Eff. January 1, 2021.
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1 15A NCAC 13B .0301 is proposed for readoption with substantive changes as follows:
2
3 SECTION .0300 — TREATMENT AND SOLID WAS PROCESSING FACILITIES
4
5 Rules .0301 - .0302 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T 15A.13B
6 .0301 - .0302); have been transferred and recodified from Rules .0301 - .0302 of Title 10 Subchapter 10G of the
7 North Carolina Administrative Code (T 10.10G .0301 - .0302), effective April 4, 1990.
8
9 15A NCAC 13B .0301 SITING AND APPLICATION REQUIREMENTS
10 This Rule eafi4aifts the infefma4ien required for a pefmit applieation fer- eaeh treatment a -ad pr-eeessing faeili"
11 miaimiim of three sets of the following inf4ma4ion shall be required in eaeh apphea4
12 (a) A treatment and processingfacility acility (site) shall meet the followingsiting iting requirements:
13 (1) Floodplain Restrictions: Any portions of the site property where storage or processing of solid waste
14 occurs shall not be located in the 100-year floodplain.
15 (2) Cultural Resources Restrictions: A site shall not damage or destroy a property of archaeological or
16 historical significance that has been listed on the National Register of Historic Places or included
17 on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300.
18 (3) State Nature and Historic Preserve Restrictions: The location, access, size, and operation of the site
19 shall not have an adverse impact on any coMponent included in the State Nature and Historic
20 Preserve pursuant to G.S. 143-260.10.
21 (4) Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
22 of endangered or threatened species or result in the destruction or adverse modification of a critical
23 habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
24 amended.
25 (5) Clean Water Act requirements: a site or its operations shall:
26 (A) not cause a dischargeof pollutants into waters of the United States, including wetlands,
27 that violates any requirements of the Clean Water Act, including the National Pollutant
28 Discharge Elimination System (NPDES) requirements pursuant to Section 402 of the Clean
29 Water Act.
30 (B) comply with Section 404 of the Clean Water Act.
31 (C) not cause the discharge of a nonpoint source of pollution to waters of the United States,
32 including wetlands, that violates any requirement of an area -wide or Statewide water
33 quality management plan that has been approved under Section 208 or 319 of the Clean
34 Water Act.
35 (6) Buffer Requirements: Unless otherwise stated in the site permit or local zoning requires larger
36 buffers, the waste handling, treatment, processing, and storage areas shall be:
37 (A) no less than 100 feet from supply wells;
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C-77
1
(B)
no less than 100 feet from property lines;
2
(C)
no less than 50 feet from waters of the State as defined in G.S. 143-212, or wetlands as
3
defined in 40 CFR 232.2; and
4
(D)
surrounded by an unused and cleared area of no less than 25 feet to allow access for fire or
5
emergency response vehicles.
6
(b) A permit applicant shall submit to the Division one electronic copy of a permit application, and the application
7
shall contain the plans described in Para ag�r phs (c) and (d) of this Rule.
8
(c) Site Plan. An application
for a permit for a site shall contain a site plan that includes the following information:
9
(1) an aerial photograph, representative of existing conditions, at a scale of a least one inch equals 400
10
feet, showing the area within one quarter mile of the proposed site's boundaries with the following
11
identified:
12
(A)
property lines of the entire property where the site will be located;
13
(B)
waste treatment, processing, and storage areas;
14
(C)
buffer areas and distances to wells, residences, wetlands and water bodies, and descriptions
15
of any buffer requirements by local government zoning regulations,
16
(D)
existing land use and zoning;
17
(E)
location of all private residences, commercial and industrial buildings, public or private
18
utilities, roads, and schools;
19
(F)
on -site easements;
20
(G)
location of potable wells and public water supplies;
21
(H)
historic sites described in Para rg aph (a)(2) of this Rule;
22
(1)
state nature and historic preserves described in Paragraph (a)(3) of this Rule,
23
(J)
the existing topography and features of the site including general surface water drainage
24
patterns and watersheds, 100-year floodplains, perennial and intermittent streams, rivers,
25
and lakes; and
26
(K)
the classification of the surface water drainage from the site in accordance with 15A NCAC
27 02B .0300;
28 (2) a letter from the unit of government havingzoning oning jurisdiction over the site that states that the
29 proposed use is allowed within the existing zoning if any; that any necessary zoning approval or
30 permit has been obtained, and that states the local zoning buffers that apply to the site; and
31 (3) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
32 Department of Cultural and Natural Resources stating whether the proposed use of the property will
33 impact the historic sites described in Paragraph (a)(2) of this Rule; State nature and historic
34 preserves described in Para rg aph (a)(3) of this Rule; or the endangered or threatened species
35 described in Para rg aph (a)(4) of this Rule located at the site.
36 (d) Operations Plan. An application for a hermit for a site shall contain an operations Dlan that shall include a
37 discussion of each of the followingitems
ems:
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C-78
1
(1)
the type and quantity of wastes that will be accepted, the anticipated sources of the waste accepted,
2
and the intended destination of recyclables and waste removed from the site;
3
(2)
the procedures for receiving, screening, processing, handling, salvaging, storage, treating, and
4
removal of waste and recovered materials, including the anticipated processing, treatment, and
5
storage times,
6
(3)
procedures for handling recyclables, wastes banned from landfill disposal in accordance with G.S.
7
130A-309.10(f), and special wastes as defined in G.S. 130A-290(a)(40);
8
(4)
the solid waste treatment, processing, and storage areas, and the buffer areas required by Pararg aph
9
(a)(6) of this Rule,
10
(5)
the hours of operation, staffing, parking for visitors and employees, and traffic routing;
11
(6)
methods for vector control, dust and odor control, drainage and erosion control, fire prevention, and
12
daily cleanup
13
(7)
record keeping procedures;
14
(8)
planned compliance with the operational and closure requirements of Rule .0302 of this Section;
15
(9)
for sites that will accept, process, or recycle construction and demolition wastes, a description of
16
how the site will comply with 40 CFR Part 61(M), G.S. 130A-444 through 452, and the rules
17
adopted thereunder;
18
(10)
a contingency plan that shall address planned operations in the event of loss of power, loss of
19
communications, storm surges, scale malfunctions, and scale software malfunctions; in the event
20
that the disposal site, haul route, or transfer equipment is not available; or during conditions
21
exceeding design parameters. The owner or operator of the site shall provide back-up equipment,
22
and contact information to obtain the equipment, and plans to by-pass the site in case of equipment
23
breakdown. The contingency plan shall be kept updated on -site and shall include site specific
24
emergency procedures and contact information in case of emergencies;
25
(11)
additional information for activities or features that the owner or operator may propose that are not
26
otherwise described in this Paragraph, or that the Division may request if it is necessary to determine
27
compliance with the rules of this Subchapter;
28
(12)
in addition to the information required in this Paragraph, sites that are proposing to accept scrap
29
tires shall also include the information required by Rule .1106(d) of this Subchapter in the operations
30
plan, if it is not already required to be submitted by this Rule; and
31
(13)
in addition to the information required in this Paragraph, sites that are proposing to accept medical
32
waste shall also include the information required by Rule .1204(b)(4) of this Subchapter in the
33
operations plan, if it is not already required to be submitted by this Rule.
34
(e) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
35
(f) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
36
the hermit when the permit is issued by the Division. and the site shall comply with the hermit in accordance with
37 Rule .0203(d) of this Subchapter.
32 of 86

C-79
1 (g) Permits issued by the Division for treatment and processing facilities are valid for five years; and are subject to
2 the permit fees set forth in G.S. 130A-295.8.
3 (h) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
4 permit by the Division in accordance with Para rg anh (f) of this Rule by submittingthe he request to the Division,
5 including the modified plan and a demonstration showing how the proposed modifications comply with the rules of
6 this Section. The Division shall respond to the request in writing within the timeline provided in G.S. 130A-295.8(c),
7 and the response shall either approve or deny the request as submitted or request that additional information be
8 submitted for the Division to consider the request. The Division's approval shall be based on whether the modification
9 complies with the rules of this Subchapter. If the Division approves the request as submitted or upon receiving the
10 additional information requested, the Division's written approval and the revised pages of the plan shall be added to
11 the sites operating record. The owner or operator shall not implement the modification until the Division has issued
12 an approval.
13 (i) Sites that received a permit from the Division prior to the readopted effective date of this Rule shall comply with
14 the rules of this Section with the following exceptions:
15 (A) buildings, structures, and waste handling areas constructed prior to the readopted effective date of
16 this Rule shall not be required to comply with Paragraph (a) of this Rule for the footprint existing
17 on the readopted effective date of this Rule, or any replacements or modifications within that
18 existing footprint; and
19 (B) if a building, structure, or waste handling area was constructed prior to the readopted effective date
20 of this Rule, and is expanded beyond its existing footprint after the readopted effective date of this
21 Rule, the footprint that was existing on the readopted effective date of this Rule shall not be required
22 to comply with Paragraph (a) of this Rule, but the expansion areas shall comply with these
23 requirements.
24 (i) Site buildings, structures, and waste handling areas that are exempt from the requirements of Para rg aph (a) of this
25 Rule shall continue to comply with the siting and buffer requirements stated in their permit issued prior to the
26 readoption date of this Rule, if and
27 �'0) Site aad eperatien
28 (2) An approval letter- ffetn the unit of leeal gevefmnent having -ening au4har-it�x ever- the afea Where
29 the f4eility is to be leeated, stating tha4 the pfoposed faeflity meets all of the reqiiir-enients of
30 leeal zoning or -di . nee . that the site ; not zoned; -
,a
31
32
33 History Note: Authority G.S. 130A-294;
34 Eff. April 1, 1982;
35 Amended Eff. February 1, 49-9-�1991;
36 Readopted Ejf. January 1, 2021.
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1 15A NCAC 13B .0302 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0302 OPERATIONAL AND CLOSURE REQUIREMENTS
4rator of a solid waste treatment and processing facility
5 fjite shall maintain and operate the €aeility site in accordance the permit conditions and the plans incorporated into
6 the permit in accordance with Rule .0301(fl of this Section, and with -the following requirements: pr-aet ees unless,
7 otherwise specified n the permit:
8 ;
9 W(2) A a €acih-ty site shall only accept wastes that whieh it is permitted to receive;
10 M(3) Water- that eafnes in eentaet with solid • rite will leachate shall be contained on -site or pier-!
11 treated prior to discharge from the site. A 10DES National Pollutant Discharge Elimination System
12 PDES) permit may be required by the Department's Division of Water Resources prior to
13 discharge to surface waters;
14 (D(4) Equipment equipment for fire control shall be available;
15 (41(5) Effeetive vector control measures shall be applied to control flies, rodents, and other insects or
16 vermin;
17 (5)(6) Eqttipment shall be provided in the storage and charging areas and elsewhere as needed er- as fn
18 the owner or operator shall
19 provide M equipment that is necessary to maintain the site using safe and sanitga practices for the
20 preservation of the public health and welfare and the environment by preventing the generation of
21 leachate, the attraction of vectors, the release of odors, and the release of waste or leachate to the
22 environment;
23 (0(7) barrier methods such as fencing or diking shall be provided to confine material subject
24 to be blown by the wind within the site. area. At the conclusion of each day of operation, all
25 windblown material resulting from the operation shall be collected and disposed of or containerized
26
-etu .oa t Iwo � by the owner or eper-ateF—.operator;
27
(7)
sites that are permitted by the Division to accept scrap tires shall also comply with Section .1100 of
28
this Subchapter;
29
(8)
sites that are permitted by the Division to accept medical waste shall also comply with Section .1200
30
of this Subchapter;
31
(9)
sites shall comply with 15A NCAC 021), 02L, 04, and the surface water quality standards in 15A
32
NCAC 02B;
33
(10)
the owner or operator shall submit to the Division upon request any information or records required
34
to be kept under the conditions of the permit or the rules of this Section; and
35
(11)
the owner or operator shall only conduct the solid waste management activities that the site is
36
permitted to conduct.
37
(b) When a site ceases the acceptance of waste, closure of the site shall comply with the following requirements:
34 of 86

C-81
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(1) The owner or operator shall remove all waste from the site property and dispose of it at a facility
permitted by the Division to receive such waste no less than 120 days after the date the site ceased
the acceptance of waste.
(2) The owner or operator shall comply with the closure requirements specified in the permit issued by
the Division.
(3) For a site that accepts medical waste, the owner or operator shall also meet the requirements of
Section .1200 of this Subchapter.
(4) The owner or operator shall notify the Division in writing that the site has been closed in accordance
with this Rule.
(5) The Division shall conduct an inspection to determine compliance with Subpara rag�phs (1) through
(3) of this Paragraph.
(6) When a site has been closed in accordance with this Paragraph, the permit is terminated, and any
future solid waste management at the site shall require a new permit.
History Note: Authority G.S. 130A-294;
Eff.' April 1, M8-2-.1982:
Readopted Eff. January 1, 2021.
35 of 86

C-82
1
2
3
4
5
6
7
8
9
]0
11
12
13
14
15
16
17
18
19
20
21
22
15A NCAC 13B .0501 is proposed for readoption as a repeal as follows:
SECTION .0500 - DISPOSAL SITES
Rules .0501 - .0510 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T 15A.13B
.0501 - .0510); have been transferred and recodified from Rules .0501 - .0510 of Title 10 Subchapter 10G of the
North Carolina Administrative Code (T 10.10G .0501 - .0510), effective April 4, 1990.
15A NCAC 13B .0501 APPROVED DISPOSAL METHODS
(a) The disposal of selidy�,aste shall be by the follovving appr-eved methods of any eombination ther
0) Sanitafla-ndf
(2) Land eleafing and ifiei4 debris 4nd
(3) !B6ifieFa4iefflr e
(4) Disposal by othef sanitary methods whieh may be developed and demonstrated to be eapab
fulfilling the basie requirements of these Rules and whieh have been approved by the Division.
(b) The requirements of this Seetien shall net apply to wivaieipal selidwaste landfill tmits, whieh are defined tin
History Note: Authority G.S. 130A-294;
Eff. April 1, 1982;
Amended Eff. October 9, 1993; January 4, 1993; September 1, 4999-1 990;
Repealed Ef'. January 1, 2021.
36 of 86

C-83
l 15A NCAC 13B .0502 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .0502 OPEN DUMPS
4 A" ErA%er- of epefatef E)f an apen duffip, as defined by G.S. 130A 290(20), for- disposal of solid waste or- any per-san
5 , leases eF ather-wise eontfels land on w-hieh sueh an open dtH:np is E)r- has been eper-a4ing shall immedime4y
6 ,lose the site ; aeeor-danee with the folio
7 0) implefnent eff-betive veeter- eentfol, ineluding baiting f6f at least two weeks after- elosing, to pfevent
8 ;
9 , eefnpaet and cover exisfing solid waste in plaee with
10 one feet or more of seitable eempaeted eaAh. Closing the site by this tnethed is eefidifiened upefl
11
12 r-estr-ietiens pfohibiting the distufbanee of the solid waste disposal site be r-eeerded by the pfepef�lr
13
ownef with the Register- ef Deeds in the eauffty where the site is leeated. The Division shall provide-
14 .
15 ' ,
16 (3) if the site is deeffied tinsuitable by the Division, r-emeve and plaee solid waste in an appr-eve
17 disposal siteor- f edit. .
18
19 (5) Pr-eveat tinatAker-ized ef4fy to the site means of gates, ehains, befms, feftees, and other seetwity
20 appFeved by the Division and post signs indieating elestife for- a period designa4ed by the
21 Divisionet to exeeed o
22
23 History Note: Authority G.S. 130A-294;
24 Eff.' April 1, 1982;
25 Amended Eff August 1, 2008; January 4, 1993; December 1, 1990; August 1, 1988; February 1,
26 49881988:
27 Repealed Eff. January 1, 2021.
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C-84
1 15A NCAC 13B .0503 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0503 SITING AND DESIGN REQUIREMENTS FOR INDUSTRIAL
4 SOLID WASTE LANDFILLS
5 (a) An industrial solid waste landfill unit ("site" or "ISWLF unit")Disposal sites shall comply with the following
6 siting requirements in erder-for a permit to be issued:
7 n) n site shall meet the following stingr-equir-ements-.t
8
9
10 as to pose a hazard to human life, wildlife or- land of wa4
11 (b) A site shall be lee-ated in eensideratienorthe following:
12 (i) a site shall not ea -use or- eentfibute to the taking of any endanger-ed of thfeatefied
13 " " of plantsasper- wildlife;
14 (ii) a site shall not Festilt in the destmetion or adverse modifieation of the or
15 habitat�r "gcror-�atcFearSpecics-sSidentified r-irr50�C�� n Part 17
16
17 and edi fi ns This ; ,F r.v..,tie is available for ecti ,.. at the Tlo...,,-t. ef4 e
18 Etwireftne3t, Health, and Natural ResetffEes, Division Waste
19 Managemefft,
20 ean be obtained A n est;
21 ; an
22 ,
23
24 (1) Floodplain Restriction. A site shall not be located in the 100-year floodplain in accordance with
25 G.S. 143-215.54(c) and S.L. 2000-150.
26 (2) Cultural Resources Restrictions: A site shall not damage or destroya property of archaeological or
27 historical significance that has been listed on the National Register of Historic Places or included
28 on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300, respectively, which
29 are incorporated by reference including subsequent amendments or editions.
30 (3) State Nature and Historic Preserve Restrictions: A site shall not have an adverse impact on any
31 component included in the State Nature and Historic Preserve pursuant to G.S. 143-260.10.
32 (4) Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
33 of endangered or threatened species or result in the destruction or adverse modification of a critical
34 habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
35 amended.
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tD(e) A new site disposing of putrescible wastes shall not be located within 10,000 feet of an airport
2
runway used by turbojet aircraft or within 5,000 feet of an airport runway used by piston -type
3
aircraft; and
4 (O(d)
A site shall have available a e,. ate sttit,.>,le soils for cover either on -site or from off -site.
5 1]21(2-) A site shall comply with the following design requirements for a permit to be issued: ^ site shall meet the
6 following
esig v e ants
7 W(a)
If the site accepts waste types that are expected to generate explosive gases, the concentration
8
of explosive gases generated by the site, shall not exceed:
9
(A)O twenty-five percent of the lower explosive limit for the explosive gases in on -site site
10
structures, excluding s.....,,tufes (exeludi.,a_ng gas control or recovery system components',
11
eempexents); and
12
(M(4) the lower explosive limit for the explosive gases at the property boundary;
13
A to the to health
Q(b)
site shall not allow tmeentFelled publie aeeess se as expese p4lie potential a-Rd-
14
seF t hazards at the disposal site; A site shall be secured to prevent unauthorized entry by means
15
such as gates, chains, berms, and fences.
16 fD(e)
A site shall meet the following surface water requirements:
17
WO) A site shall not cause a discharge of pollutants into waters of the state State that is in
18
violation of the requirements of the National Pollutant Discharge Elimination System
19
(NPDES), under Section 402 of the Clean Water Act, as amended, or that is in violation of
20
15A NCAC 02B.sta-nd Yas ,.,-..m"lgate,l tinder G.S. 143 214.1 and G.S. 143 21 5;
21
(M(4) A site shall not cause a discharge of dredged material or fill material into waters of the state
22
State that is in violation of the requirements under Section 404 of the Clean Water Act, as
23
amended, or that is in violation of any state State requirements regulating the discharge of
24
dredged or fill material into waters of the statue State, including wetlands; and
25
(Q(rii)
A site shall not cause non -point source pollution of waters of the state State that violates
26
assigned water quality stand 15A NCAC 02B.
27
(D)
A site shall comply with Rule .0602 of this Subchapter.
28
(4 (d) A site shall meet the following gr-e1�groundwater protection requirements:
29
(A)O)
A site, except for land elea-ring and ineft debFis landfills subJeet to Rule.0564(8)(e) of this
30
Se A site shall comply with G.S. 130A-29L6a.be ,leaigne,l so tha he betto ,,
31
elevatien ef selid waste will be a miniffmm ef fettr feet abeve the seasonal high water table,
32
(R)(4)
Oper-aters e new industfial solid waste landfills, lateral eiipansiens of e�dsfiffg industr4al
33
solid waste !andfills, a -ad industfial solid waste !a-ndfills feeeiving solid waste en or- a
34
35
e - A site that has not previouslypermitted by the Division for an ISWLF unit,
36
or a lateral expansion of an existing_ permitted site shall be designed with a leachate
37
collection system, a closure cap system, and a composite liner system consisting of an
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C-86
uDDer component and lower component. The uDDer component of the composite liner
2 system shall consist of a flexible membrane liner (FML) no less than 30 mil thick. The
3 lower component of the composite liner system shall consist of a layer of compacted soil
4 no less than two feet thick with a hydraulic conductivity of no more than 1 X 10-7 cm/sec.
5 FML components consisting of high -density polyethylene (HDPE) shall be no less than 60
6 mil thick. The FML component shall be installed in direct and uniform contact with the
7 compacted soil component.
8 An owner or operator applying for or a permit for a site that has not previously been permitted
9 by the Division for an ISWLF unit, or a lateral expansion of an existing permitted site may
10 submit a request to the Division to be exempt from the requirements of Part (B) of this
l l Subpara,grgph. The request shall be submitted in writing with the proposed site information
12 required to be submitted in accordance with Rule .0504(c) of this Section. The request shall
13 include a description of the types of waste proposed to be disposed of at the site, and a
14 proposed site design that will demonstrates that the post -settlement bottom elevation
15 of the waste will be a minimum of four feet above both the seasonal high groundwater table
16 and the bedrock datum plane contours as required by G.S. 130A-295.6(D. The site design
17 shall also demonstrate that the groundwater quality standards or interim
18 maximum allowable contaminant levels established under 15A NCAC 2-L02L will not be
19 exceeded in the uppermost aquifer at the compliance boundary established by the Division
20 in accordance with 15A NCAC --21=.02L. The site design shall be based upon modeling
21 methods that include the hydrogeologic characteristics of the site and surroundinglands;
ands;
22 the climatic factors of the area; and the volume and physical and chemical characteristics
23 of the leachate. The Division shall approve the request if the request and the proposed site
24 design comply with Article 9 of Chapter 130A of the General Statutes and the rules of this
25 Subchapter. shall ' elude, ^` ^ minimiim, the foliowing
26 faeter-s:
27 0) the hydr-egeelegiEehar-aetertstiss of the f4eility a -al suffeunding lands
28 (11) the elimatie faeters of the afea
29 (111) the volume and physieal and ehemioal eia iaeter-i&ties of the leachate
30 (B) a design with a leaehate eelleetion system, a elosure eap system,
31 liner
V-we tLe
system consisting ef eempenents� tTper- eempenefA shall eensist 6
32 a
minimum 3n v l
33 eansist
least two feet layer hydraulie
of a4 a of eempaeted soil with a eenduefivity
34 of
than l X 10 ,,.,,'see
fie f e
35 polyethylene
(HDPE) shall be at least 60 ml thieL
36
37 soil eemponent,
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C-87
1 (iii)
2 is no
4 LM(iv) in&s.,.:^i solid waste landfills A site shall comply with , ..a , ate f sta-n afds estabi:^�oa
5 under 15A NGACIRule .0601 of this Subchapter.
6{e} A site shall not engage in open burning of solid waste. waste unless approval has been obtained
7 from the Division, and from the Division of Air Quality in accordance with 15A NCAC 02D .1900,
8 and from the local ,government prior to any burning activity.
9, A site shall meet the following buffer
10 requirements:
l l eft} A site that received site study approval from the Division in accordance with Rule
12 .0504(a)(1) of this Section prior to the readopted effective date of this Rule shall maintain
13 a buffer of 50 feet between all property lines and disposal areas. A site that receives site
14 study approval after the readopted effective date of this Rule shall maintain a buffer of no
15 less than 200 feet " 50 feet w inin an u ff r between all property lines and disposal areas;
16 (} A site shall have a buffer of no less than 500 feet 500 feet mini v&m �between the
17 disposal area and residential structures and supply wells existingat t the
18 time that the Division site study approval in accordance with Rule .0504(a)(1) of this
19 Section; ^*a a'^ ^' ^ ^ , and
20 (Q(iii) A site shall have a buffer of no less than 50 feet 50 feet mini mn , offer between the
21 disposal area and any stream, river, lake, pond, or other waters of the State as defined in
22 G.S. 143-212; stre ms and rivefs and disposal areas; and
23 (DW A site shall comply with the requirements in 15A NCAC 04 for sedimentation control. RequiFements
24
25
26 History Note: Authority G.S. 130A-294;
27 Eff. April 1, 1982;
28 Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September 1, 4999:1990;
29 Readopted Eff. January 1, 2021.
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1 15A NCAC 13B .0504 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0504 APPLICATION REQUIREMENTS FOR SANITARV LANDFILLS INDUSTRIAL
4 SOLID WASTE LANDFILLS
5 A pefmit for- a sanitafy !a-ndfill shall be based upen a pa#ieulaf stfeam of identified waste, as Set feFth in
6 ,
7
quan4i of seiiree of waste shall requi . t and operation plan, ineWding waste detefmination praced-
8
where appr-epfiat,-
9 .
10 (a) The permit applicant for an industrial solid waste landfill unit ("ISWLF unit" or "site") permit shall prepare a site
11 study in accordance with Paragr' annh (c) of this Rule, and submit the site study to the Division. The Division shall
12 review the site study for a proposed new site prior to consideration of an application for a permit. Following review
13 of the site study, the Division shall notify the applicant that either:
14 (1) the site is deemed suitable for establishing an ISWLF unit and the applicant may prepare an
15 gpplication for a permit in accordance with Para rg aph (b) of this Rule; and the site -specific
16 conditions and design requirements stated in the notification, if any; or
17 (2) the site is deemed unsuitable for establishing an ISWLF unit and the Division shall specify the
18 reasons that prevent the ISWLF unit from being operated in accordance with Chapter 130A Article
19 9 of the General Statutes, the rules of this Subchapter, and any pplicable federal laws and
20 regulations.
21 (b) When the site has been deemed suitable for an ISWLF unit by the Division in accordance with Para rg aph (a)(1)
22 of this Rule, the permit applicant shall submit to the Division one electronic copy of a permit application, and the
23 application shall contain the plans described in Paragraphs (d) through (D of this Rule. A permit for a site shall be
24 based upon a particular type and source of waste, as identified in the operation plan required by Paragraph (e) of this
25 Rule.
26 (c) The site study shall contain the following information:
27 W(o An aerial photograph on a Seale of a4 Writ' itieh equals 400 feet showing the area within one-fourth
28 mile of the proposed site's boundaries with the following speedy identified:
29 LA)(i) Entire entire property owned or leased by the person proposing the disposal site;
30 (B)" Land land use and zoning;
31 (Q(io Lecatien location of all homes, industrial buildings, public or private utilities, and roads;
32 (iv) Lac-atio location of wells, watercourses, dry runs, and thee- applicable details regarding
33 tlt—general topography; and
34 (E)(-v) Flood plains. floodplains.
35 (2)(b) A map on ^ seale of ^+ least 1 ineh equals 1000 showing the area within two miles of the
36 proposed site's boundaries -that identifies known groundwater users, potential or existing
42 of 86

C-89
sources of eroundwater and surface water pollution. water intakes. aimorts and runways. and
2 subdivisions. the fellowing speeifieally identified:
3 (i) Known g ter- users;
(rr) Potential or- existing ornxrccs-of grouncE'-4er-u23d s}kr uEewater- pollution;
5 (iii) Water- iat&es;
6 (iv) Airport and sand
7 (..) Subdivisions.
8A geological and hydrological study of the site W-hie that provides:
9 (M(i) Seil soil borings for which the numbers and depths have been confirmed by the Division
10 and lab testing of selected soil samples that provide:
l l (A) standard penetration resistance;
12 `particle size analysis;
13 (C) soil classification using the Unified Soil Classification System;
14 `D) geologic considerations such as slopes and solution features;(slope^ soluti
15 featwes, et ).
16 (£undisturbed representative geologic samples of the unconfined or confined or
17 semiconfined hydrological units within a depth of 50 feet that provide the
18 for each major lithologic unit the tMits:
19 (1) saturated hydraulic conductivity or by in situ,
20 (H)--volume percent water; water, and
21 (111�—porosity;
22 `F—remolded sample of cover soils that provide the provide:
23 (1) saturated hydraulic conductivity,
24 (H—total porosity, and
25 (111) atterberg limits;
26 stratigraphic cross sections identifying hydrogeological units
27 including lithology;
28 (14) abulation of water table elevations at time of boring, 24 hetw,, hours after boring,
29 and seven days after boripZLdays'T''^ ^ ���*^ „ �s
30 information shallbe eonf ftne,] by the Division*_ and
31 boring logs; and
32 M(4) A a boundary plat locating soil borings with aeenfeAe horizontal and vertical ^^�'�xr hie
33 controls that are tied to a permanent onsite bench mark;
34 (Q(iii) A a potentiometric map of the uppermost suffieial aquifer based on stabilized water table
35 elevations; and
36 LM(4v) A a report summarizing the geological and hydrological evaluation.
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(4)(4) A conceptual design plan presenting special engineering features or considerations which must shall
2
3
4
5
6
7
8
9
10
(5)
be included or maintained in site construction, operation, maintenance, and closure.
(i) if the site is leea4ed within an ineer-par-ated eity or- town, or- within the e)Etfa teffiter-ial
, the approval of the goveffling board of the eity
eF town shall be r-equir-ed. Other -wise, the approval of the Board of Commissionefs o
eetinty in whieh the site is located shall be r-equifed. AppFoval may be in the form of either-
rw raea to the Division-.
..here the vote was taken, shall be forwarded
A copy of the franchise or local government approval from each unit of local in whose
l l
,government
jurisdiction the site is located in accordance with G.S 130A-294(bl). No franchise or local
12
government approval shall be required for site used to dispose of waste generated solely by the
13
permit applicant.
14
fo(ii)
A letter from the unit of government having zoning jurisdiction over the site which states that the
15
proposal meets all of the requirements of the local zoning ordinance, or that the site is not zoned.
16
Q(f3
A discussion of compliance with siting standards in Rule —0503 a of this Section.
17
Sub
18
(�JW
A report indieming that describes the following:
19
(A)f}} population and area to be served;
20
(DJ(4) type, "a-ati quantily, and source of a —waste that will be disposed of at the site;
21
(Qoio the equipment that will be used for operating the site;
22
(M(iN,) a proposed water quality gamer monitoring plan including surface water sampling
23
locations, well leeatiee locations. and well schematics showing proposed screened interval,
24
depth depth, and construction; and
25
ffi)(-v) additional information or a more detailed geologic report may be required depending a
26
speei€ es —of the site. if it is necessary to determine compliance with the rules of this
27
Subchapter. This report may be based on physical evidence, initially, or due to information
28
obtained from the site plan application.
29 (9) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
30 Department of Cultural and Natural Resources stating whether the proposed use of the prope . will
31 impact the historic sites described in Rule .0503(a)(2) of this Subchapter; State nature and historic
32 preserves described in Rule .0503(a)(3) of this Subchapter; or the endangered or threatened species
33 described in Rule .0503(a)(4) of this Subchapter located at the site.
34 (10) additional information for activities or features that the owner or operator is proposing that are not
35 otherwise described in this Rule, or that the Division may request if it is necessary to determine
36 compliance with the rules of this Subchapter.
37 (h) Any other4&rmatien pertinent to the suitability of the site.
44 of 86

C-91
1 (2) The following infoonation shall be required for reviewing a eenstfuefien plan appheafien for- a pr-epesed sanitafy
2 landfill:
3 (d) Construction Plan. An application for a permit for the site shall contain a construction plan that shall include the
4 following information:
5 W(O A a map showing existing features including to inelude: existing topography of the site on a scale
6 of no less than one inch equals 200 feet with five-foot contours, benchmarks, springs, streams,
7 potential groundwater monitoring sites, pertinent geological features, and soil boring locations,
8 (i) eidsting tepegr-aphy of the site en a seale of a4 least 1 ineh equals 200 feet with five feet
9
11 ;
12 (iv) streams;
13 09 potential g ter sites;
14 (Vi) pertinent geolegic-alzeatares; a*.
16 (Q(b) A a grading plan that provides proposed excavated contours, soil boring locations,
17 locations and elevations of dikes or trenches, designated buffer zones, diversion and controlled
18 removal of surface water from the work areas, and proposed utilities and structures;
19 ,
20 ;
21 (iii) locatiens and elevations of dikes of tfenehes;
22 (iv) designatedbuffer zones;
23 ; and
24 (vi) pr-opesed u4ilifes and s...,,,.tufe
25 fD(e) ^ ,.ensti-ae fien plan thm p.., vide..: a site development plan showing phases or progression of
26 construction and operation in increments of five years P to the life -of -site of the ISWLF;
27 `)engineering design for liners liners and leachate collections systems;
28 `" proposed final contours showing removal of surface water runoff, and
29 `':)locations of slope drains or other drop structures; es
30 (4)(d) An an erosion control plan that identifies the f '
31 (r)locations of temporary erosion control measures such as sediment basins, stone
32 filters, terraces, or silt fences ;
33 `"locations of permanent erosion control measures such as rip (rip -rap, energy dissipators,
34 ditch stabilization, or pipe drains; dr-ai.�, etc.`; earthwork calculations; calculations for
35 temporary and permanent erosion control measures; a discussion of compliance with 15A
36 NCAC 04 for sedimentation control; and
37 '"' seeding specifications and schedules.
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C-92
I Engineering engineering diagrams showing typical sections of —.-of dikes, trenches, diversions, and
2 sediment basins.
3 (i) dikes-,
4 (ii) tfenehes
5 (iii` diversions, a-H
6 (iv) sediment basins,
7 ^ minimum of two eress seetions two cross sections per operational area showing original
8 elevations, proposed excavated depths, proposed final elevations, the groundwater elevation, and
9 soil borings. shag:
10 (i) or-ieinal elevatiens
12
,
13
(ice) a4erelevation,
14
(V) soil berings.
15
Site development in five ten
(g)
showing phases of operation year- or year- phase
16
eenstfuetien and , r.ntie,
17
(7)
a discussion of compliance with the design requirements in Rule .0503(b) of this Section.
18
Le)(h) Operations Plan. An application for a permit for the site shall contain an operations plan that shall include the
19
following information:
20
W(i)
a A copy of the deed or other legal description of the landfill site that would be sufficient as a
21
description in an instrument of conveyance and property owner's name;
22
Q(4)
name and emergency contact information for the Name of individual responsible for operation,
23
maintenance, and closure of the site;
24
(3)
type, quantity, and source of waste that will be disposed of at the site;
25
(4)
a discussion of compliance with the operational requirements in Rule .0505 of this Section;
26
(5)
a discussion of compliance with the monitoring requirements of Section .0600 of this Subchapter;
27
(f) Closure and Post -Closure Care Plan. An application for a permit for the site shall contain a closure and post-
28
closure
plan that shall include the following information:
29
(1)
a description of the closure of the site, including quantification of the life -of -site, closure and final
30
cover procedures, and projected use of land after closure; and
31
(2)
a description of the post -closure care period of the site, including maintenance and monitoring
32
procedures, and a discussion of compliance with Section .0600 of this Subchapter.
33
(3)
the cost estimate for closure and post -closure activities as required under Section .1800 of this
34
Subchapter.
35
W If required by
G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional
36
eneineer or licensed eeolouist shall certify the information submitted in accordance with Paraeraphs (c) through (fl of
37 this Rule.
46 of 86

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1 (h) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
2 (i) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
3 the permit when the permit is issued by the Division, and the site shall comply with the permit in accordance with
4 Rule .0203(d) of this Subchapter.
5 (i) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
6 permit by the Division in accordance with the Paragraph (i) of this Rule by submittingthe he request to the Division,
7 including the modified plan and a demonstration showing how the proposed modifications comply with the rules of
8 this Section. The Division shall respond to the request in writing within the timeline provided in G.S. 130A-295.8(e),
9 and the response shall either approve or deny the request as submitted or request that additional information be
10 submitted for the Division to consider the request. The Division's approval shall be based on whether the modification
11 complies with the rules of this Subchapter. If the Division approves the request as submitted or upon receiving the
12 additional information requested, the Division's written approval and the revised pages of the plan shall be added to
13 the site's operating record. The owner or operator shall not implement the modification until the Division has issued
14 an approval.
16 (i�v)Antieipated lifetime of theprojest;
17 Deser-iption of systematie usage of area, opereAien, orderly development and completion o
18 sanitafy landfill;
19 (3,1j) Ea ver-k ealeulatiens;
20 (vii)Seeding speeifieations and sehedules-,
21 (viii) Calealatiens €eftemper-afy and pefma-aenk erosion eantrel measures;
22 (ix) Any narrative neeessary to deser-ibe eomplianee with the Sedimentation Pe!Wfien Control Aet e
23 ;
24 (�E) A disetissien ef ee"lia-nee with design requirements in Rule .0503 (2) of this Seetion.
25
26 History Note: Authority G.S. 130A 294;
27 Eff. April 1, 1982;
28 Amended Eff. January 1, 1985;
29 Temporary Amendment Eff. October 1, 1987, For a Period of 180 Days to expire on March 29,
30 1988;
31 Amended Eff. July 1, 2013; February 1, 1991; September 1, 1990; March 1, 49,N*1988;
32 Readopted Eff. January 1, 2021.
47 of 86

C-94
1 15A NCAC 13B .0505 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0505 OPERATIONAL AND CLOSURE REQUIREMENTS FOR INDUSTRIAL SOLID
4 WASTE LANDFILLS SANITARY LANDFILLS
5 ^r e • ' �� �'� �� er �e .e The owner or operator of an industrial solid waste landfill unit (site) a
6 sanitary landfill site shall maintain and operate the site in conformance with the permit and the plans incorporated into
7 the permit in accordance with Rule .0504(i) of this Section, and with Sections .0600 and .1800 of this Subchapter, and
8 the following: E n,,,:.;ng pr- et;ees , Mess other -wise s eifie,l i the pefffl t:
10 (a) Genstp etie« plans shall be a .e,l a -a followed.
11 (b) Speeiied manite��g a -ad feHo;4iag fe"irements shall be M
12 (2) Spreading -and CompaetingRe"iremei#s
13 O Solid shall be r-estfieted inte the smallest afea feasib
14 ")Sol'�aste shall be eompacted as densely aspr-aetieal into cells.
15 Ll)(3) Solid waste shall be managed within the disposal area throughout the life -of -site and post -closure
16 care period to prevent the escape of waste and the attraction of vectors and scavenging, and to
17 minimize fires and the ,generation of odors. The owner or operator shall comply with this
18 requirement using either the following compaction and cover procedures, or other procedures that
19 the owner or operator may include in the operations plan and the closure and post -closure plan
20 required by Rule .0504 of this Section that shall be as effective as the compaction and cover
21 procedures:
22 (A)(a) Solid waste shall be compacted and covered at the end of after each day of operation, with
23 a compacted layer of aWeast--no less than six inches of soil.
24
.
25
(M(b)
Areas •that will not have additional wastes placed on them for the next 12 months,
26
w,erths er ffi .,.e, but where final termination of disposal operations has not occurred, shall
27
be covered with a mininvam of less than one foot of i te..,,,edi to eeve.. compacted soil.
28
(Q(c)
After final termination of disposal operations at the site or e major raft thereof-, or upon
29
revocation of a permit, the area shall be covered with eno less than two feet of
30
suitable compacted ea#hsoil.
31
Q(4) Erosion
Control Requirements:
32
W(a)
Erosion control measures shall be practiced to prevent silt from leaving
33
the site.
34
(B)(b)
Adequa4e eresien Erosion control measures shall be practiced to prevent e�ieesstve on -site
35
erosion.
36
(C)
The site shall comply with 15A NCAC 04.
37
(D(5) Drainage Control Requirements:
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C-95
1 W(O Surface water shall be diverted from the operational area.
2 (M(l) Surface water shall not be impounded over or in waste.
3 (Q(e) Completed areas Areas that have been covered in accordance with Subparagraph (1) of this
4 Para rg anh shall besloped to allow surface water runoff in a controlled manner.
5 J41(o Vegetation ReqiFe—e—s-Requirements:
6 (A)(a) Within six mon4hs a f e After final termination of disposal operations at the site e ajer
7 part f or upon revocation of a permit, the site area shall be stabilized with native
8 grasses ,grasses within the timeframe established in the construction plan incorporated into
9 the permit in accordance with Rule .0504(i) of this Section.
10 a(b) Temporary seeding wiI4 shall be utilized as if it is necessary to stabilize the site -site or
l l prevent erosion.
12 JQ(7-) Water Protection Regis Requirements:
13 LAI(O The separation distance of four feet between waste and the seasonal high groundwater
14 wat table shall be maintained. ,,, n4ai °a u n ess other -wise speeified by the T,. sio
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
the pefmit.
(B)(1) Solid waste shall not be disposed of in water.
(Q(c) Leachate shall be contained on site or treated prior to discharge. An A National
Pollutant Discharge Elimination System (NPDES) '`TD�permit issued by the
Department of Environmental Quality, Division of Water Resources in accordance with
15A NCAC 02B may be required prior to the discharge of leachate to surface waters.
�0fS4 Access and Security Requirements:
(A)(a) The site shall be adequately secured to prevent unauthorized engy y means of —such as
gates, chains, berms, or fences. fen a -a ^a,o. seeufit:y measufes approved by the
(M(b) An a#endan4 individual trained in landfill operations shall be on duty at the site at all
while 4 the site is open for public use and during active waste management operations to
ensure compliance with operational requirements.
(Q(e4 The access road to the site shall be of all-weather construction and maintained in geed
onditieirto allow access by Division staff and fire-&zhtine vehicles.
(M(d) Dust control measures shall be implemented. implemented ,..here neeess i.,
(DM Sign Requirements:
(A)(a) Signs providing information on disposal dumping -procedures, the hours during which the
site is open for public use, the permit number, emergency contact information, and
other rei4i e- other information specified in the permit conditions shall be posted at the
site entrance.
49 of 86

C-96
] (DI(b) Signs shall be posted stating the types of waste that shall not be accepted at the site, such
2 as hazardous waste, or —liquid waste, construction and demolition waste, or
3 municipal solid waste.. rite e n be r-eeeived without written permission from the Pi
4 n(o Traffic signs or markers shall be provided as ne o ry t „,.,mete an orderly t..a ffi . „a4t w
5 to direct traffic to and from the discharge area to minimize traffic congestion. area and to
6
maintain effieient operating eenditions.
7
Safety Requirements Requirements:
8
LA)(o
Open btiming burning, as defined in 15A NCAC 02D Section .1900, of solid waste is
9
prohibited unless approval has been obtained from the Division, and from the
10
Division of Air Quality in accordance with 15A NCAC 02D .1900, and from the local
l l
government prior to any burning activity.
12
ffl)(b)
8,.. ipraent shall be ...-,.vide ] The owner or operator of the site shall maintain equipment
13
on -site to control accidental fires or -and arrangements shall be made with the local fire
14
protection agency to irnn�y-provide fire -fighting services. services when needed.
15
(Q(e)
Fires that occur at the site ^ sanitary land shall be reported to the Division by verbal
16
notice within 24 hours and a written notification shall be submitted within 15 days.
17
(M(d)
The removal of solid waste from the site a sanitary land is prohibited unless the owner
18
or operator owner/epera approves and the removal is not performed on the working face.
19
ffi)(0
Containers such as tubes, barrels, drums, tanks, cans, and bottles Barrels a -a a,..., as shall
20
not be disposed of unless they are empty and perforated s••Fiy-to ensure that no liquid
21
waste or hazardous waste is contained therein.
22{}
Waste Acceptance and Disposal Reqeirements Requirements:
23
W(a)
A site shall only accept those wastes whieh that it is permitted to receive. The site
24
downer or operator shall notify the Division within 24 hours of attempted disposal
25
of any waste the site !a rll-is not permitted to receive, including waste from outside the
26
area the site Ia rll is permitted to serve.
27
ffl)(b)
No hazardous waste or liquid waste shall be accepted or disposed of at a site.in a sanitafy
28
29 (Q(e) Spoiled foods, animal eareasses, abarteir waste, hatehery waste, and other animal waste
30 delivered to the this„^^ site If the site has been permitted by the Division to receive
31 putrescible waste, this waste shall be covered upon receipt. i ed �-
32 (M(d) Asbestos waste shall be managed in accordance with 40 CFR 61(M). Asbestos waste shall
33 be covered upon receipt, with soil or compacted waste, to prevent airborne conditions.
34 Asbestos waste shall be disposed of using methods that prevent unintended exposure of
35 asbestos by future land -disturbing activities, such as disposal in a marked area separate and
36 apart from other solid wastes or recording the latitude and longitude coordinates of the
50 of 86

C-97
asbestos area within the existing landfill footprint. The disposal methods shall be described
2 in the operations plan required by Rule .0504(e) of this Section.
3 Asbestos waste tka4 is paekaged in aeeer-da-nee with 40 CFR 61, whieh is adopted by
4 r-efffenee in aeeerdanee with G.S. 150B 14(e), may be disposed of separate a -ad apai4 ffam
5
6 disposal areas, in either- ease, in virgin soil. Separate areas shall be elearly marked so that
7 asbestos is not exposed by ftAue land disturbing aetivities. The waste shall be eoveF
8 inmnediately with soil in a mai+nef tha4 will not ea -use air-beffle eendifiens. Copies of 40
9 .
10 (M(O Wastewater treatment sludges shall not be accepted for disposal, unless otherwise specified
l l in the site permit. ri n!y be used a a soil , nditiene f aa ineefper-a4ed iffte the f4 ffa
12 two feet of eaver-. Sludges shall be exa-mified fer- aeeeptanee by Waste Deteffflifla4ion
14 (LOI(I-2) Miseellaneo s n equiFeme is Other Requirements:
15 (A)(a) E ff etive etor-Vector control measures shall be applied to control flies, rodents, and other
16 insects or vermin.
17 (R)(1}) Barrier methods such as fencing and diking shall be provided at the site within
18 the afea o confine solid waste subject to be blown by the wind. At the conclusion of each
19 day of operation, all windblown material resulting from the operation shall be collected
20 and disposed of r-etumed to the are by the owner or operator.
21 (C) The owner or operator of a site shall comply with the financial responsibility requirements
22 set forth in G.S. 130A-295.2
23 (D) A site that accepts scrap tires shall also comply with Section .1100 of this Subchapter.
24 (E) The owner or operator shall submit to the Division upon request any information or records
25 required to be kept under the conditions of the permit or the rules of this Section.
26 (b) When a site has ceased the acceptance of waste, closure of the site shall comply with the following requirements:
27 (1) The owner or operator shall notify the Division in writing that the site has been closed in accordance
28 with the rules of this Section and the construction plan required in accordance with Rule .0504(d)
29 of this Section.
30 (2) The owner or operator shall provide certification that final cover has been installed as described in
31 the construction plan required in accordance with Rule .0504(d) of this Section.
32 (3) The Division shall conduct an inspection to determine compliance with closure requirements. If the
33 site has been closed in accordance with the rules of this Section and the construction plan required
34 in accordance with Rule .0504(d) of this Section, the Division shall issue a closure letter to the
35 owner or operator that confirms closure of the site, and provides post -closure conditions for the site
36 as set forth in Para rg aph (c) of this Rule.
51 of 86

C-98
1
2
3
4
5
6
7
8
9
]0
11
12
13
(c) When a site has been closed in accordance with the requirements of this Rule, post -closure maintenance and water
quality monitoring shall be the responsibility of the owner or operator, and shall be specified in the closure letter
issued by the Division in accordance with Paragraph (b) of this Rule, and shall comply with Section .0600 of this
Subchapter.
(d) When a site has been closed in accordance with this Rule, the permit is terminated. Any future solid waste
management or disposal at the site shall require a new permit.
History Note: Filed as a Temporary Amendment Eff. November 1, 1987, For a Period of 180 Days to Expire on
April28, 1988;
Authority G.S. 130A-294;
Eff. April 1, 1982;
Amended Eff. September 1, 1990; February 1, 1988; January 1, 498-5-.1985;
Readopted Ejf. January 1, 2021.
52 of 86

C-99
1 15A NCAC 13B .0508 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0508 SITING AND APPLICATION REQUIREMENTS FOR INCINERATORS
4 Five sots of'plans shall ber-equir-edfor- eaeh ., ..1;,.a4ie.,
5 (a) An incinerator for the disposal of solid waste (site) shall meet the following siting requirements:
6 (1) Floodplain Restrictions: Any portions of the site property containing the incinerator building and
7 areas where storage or processing of solid waste occurs shall not be located in the 100-year
8 floodplain.
9 (2) Cultural Resources Restrictions: A site shall not damage or destroy a property of archaeological or
10 historical significance that has been listed on the National Register of Historic Places or included
11 on the Study List for the Register , pursuant to 07 NCAC 04R .0206 and .0300.
12 (3) State Nature and Historic Preserve Restrictions: The location, access, size, and operation of the site
13 shall not have an adverse impact on any component included in the State Nature and Historic
14 Preserve pursuant to G.S. 143-260.10.
15 (44) Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
16 of endangered or threatened species or result in the destruction or adverse modification of a critical
17 habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
18 amended.
19 (5) Clean Water Act requirements: a site or its operations shall:
20 (A) not cause a discharge of pollutants into waters of the United States, including wetlands,
21 that violates any requirements of the Clean Water Act, including the National Pollutant
22 Discharge Elimination System (NPDES) requirements pursuant to Section 402 of the Clean
23 Water Act.
24 (B) comply with Section 404 of the Clean Water Act.
25 (C) not cause the discharge of a nonpoint source of pollution to waters of the United States,
26 including wetlands, that violates any requirement of an area -wide or Statewide water
27 quality management plan that has been approved under Section 208 or 319 of the Clean
28 Water Act.
29 (6) The permit issued by the Division for the site shall state the site -specific buffer requirements for the
30 site. When determining the site -specific buffers, the Division shall include any buffers required by
31 the incinerator permit issued by the Division of Air Quality for the site. [Note: Incinerators are also
32 subject to the requirements of 15A NCAC 02D.]
33 (b) A permit applicant shall submit to the Division one electronic copy of a permit application, and the application
34 shall contain the plans described in Paragr' annhs (c) and (d) of this Rule.
35 (c) Site Plan. An application for a permit for incinerator for the disposal of solid waste shall contain a site plan that
36 includes the following information:
53 of 86

C-100
1 (1) an aerial
photograph,representative of existing conditions, at a scale of a least one inch equals 400
2 feet, showing the area within one quarter mile of the proposed site's boundaries with the following
3 identified:
4 (A)
property lines of the entire property where the site will be located;
5 (B)
existing land use and zoning;
6 (C)
location of all private residences, commercial and industrial buildings, public or private
7
utilities, roads, and schools,
8 (D)
on -site easements;
9 (E)
location of potable wells and public water supplies;
10 (F)
historic sites described in Paragraph (a)(2) of this Rule;
l l (G)
state nature and historic preserves described in Para rg anh (a)(3) of this Rule;
12 (H)
the existing topography and features of the site including general surface water drainage
13
patterns and watersheds, 100-year floodplains, perennial and intermittent streams, rivers,
14
and lakes; and
15 (1)
the classification of the surface water drainage from the site in accordance with 15A NCAC
16
02B .0300;
17
(2)
a letter from the unit of government having zoning jurisdiction over the site that states that the
18
proposed use is allowed within the existingzoning, oning if any; that any necessary zoning gpproval or
19
permit has been obtained, and that states the local zoning buffers that apply to the site;
20
(33)
letters from both the State Historic Preservation Office and the Natural Heritage Program within the
21
Department of Cultural and Natural Resources stating whether the proposed use of the property will
22
impact the historic sites described in Para rg Uh (a)(2) of this Rule, State nature and historic
23
preserves described in Paragraph (a)(3) of this Rule; or the endangered or threatened species
24
described in Paragraph (a)(4) of this Rule located at the site; and
25
(4)
a copy of the valid air quality permit for the operation of the incinerator issued by the Department
26
of Environmental Quality, Division of Air Quality in accordance with 15A NCAC 02D.
27
(d) Operations Plan. An application for a permit for incinerator for the disposal of solid waste shall contain an
28
operations plan that shall include a discussion of each of the followingitems:
ems:
29
(1)
the type and quantity of wastes that will be accepted; including the anticipated sources of the wastes
30
accepted, and the intended destination of materials and ash removed from the site;
31
(2)
the procedures for receiving, storing, toring, incineration, and removal of waste and ash, including the
32
anticipated storage and incineration times;
33
O
the hours of operation and staffing;
34
(4)
methods for daily cleanup;
35
(5)
record -keeping procedures;
36
(6)
planned compliance with the operational and closure requirements of Rule .0509 of this Section;
54 of 86

C-101
1 (7) a contingency_ plan that shall address planned operations in the event of loss of power, loss of
2 communications, storm surges, scale malfunctions, and scale software malfunctions; in the event
3 that the disposal site, haul route, or transfer equipment is not available; or during conditions
4 exceeding design parameters. The owner or operator of the site shall provide back-up equipment,
5 and contact information to obtain the equipment, and plans to by-pass the site in case of equipment
6 breakdown. The contingency plan shall be kept updated on -site and shall include site specific
7 emergency procedures and contact information in case of emer e
8 (8) additional information that the Division may request pertaining to the site operations if it is
9 necessary to determine compliance with the rules of this Subchapter; and
10 (9) in addition to the information required in this Paragraph, incinerators that are permitted by the
11 Division to accept medical waste shall also include the information required by Rule .1204(b)(4) of
12 this Subchapter in the operations plan.
13 (e) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
14 (f) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
15 the permit when the permit is issued by the Division, and the site shall comply with the permit in accordance with
16 Rule .0203(d) of this Subchapter.
17 (g) Permits issued by the Division for incinerators are valid for five years, and are subject to the permit fees set forth
18 in G.S. 130A-295.8.
19 (h) Sites that received a permit from the Division prior to the readopted effective date of this Rule shall comply with
20 the rules of this Section with the following exceptions:
21 (1) buildings, structures, and waste handling areas constructed prior to the readopted effective date of
22 this Rule shall not be required to comply with Para rg aph (a) of this Rule for the footprint existing
23 on the readopted effective date of this Rule, or any replacements or modifications within that
24 existing footprint; and
25 (2) if a building, structure, or waste handling area was constructed prior to the readopted effective date
26 of this Rule, and is expanded beyond its existing footprint after the readopted effective date of this
27 Rule, the footprint that was existing on the readopted effective date of this Rule shall not be required
28 to comply with Para rg ayh (a) of this Rule, but the expansion areas shall comply with these
29 requirements.
30 G) Site buildings, structures, and waste handling areas that are exempt from the requirements of Para rg aph (a) of this
31 Rule shall continue to comply with the siting and buffer requirements stated in their permit issued prior to the
32 readoption date of this Rule, if any.
33 0) Site a -ad eperatieft plans of the proposed 4neinerater;
34 ,
55 of 86

C-102
1 (3) An approval letter from the tmit ef leeal geverfffnen4 h�wing i�effing atither-ity ever- the area where
2 the faei4y is to be leemed stmiag that the site fneets all of the r-e"irefnents of the leeal z8fling
ie s ii�i�•
6 History Note: Authority G.S. 130A-294;
7 Eff. April 1, 1982;
8 Amended Eff. February 1, 1991; September 1, 4990-1990;
9 Readopted Elf. January 1, 2021.
56 of 86

C-103
1
15A NCAC 13B .0509 is proposed for readoption with substantive changes as follows:
2
3
15A NCAC 13B .0509 OPERATIONAL AND CLOSURE REQUIREMENTS FOR INCINERATORS
4
incinerator for the disposal of solid waste
5
fAite shall maintain
and aper-Me t'1e site it eer f fmanee comply with the permit conditions, the plans incorporated
6
into the permit
in accordance with Rule .0508(fl of this Section, and the following requirements: F 11,.•. i . ,. faetiees,
7
unless oche, vise
eeif e.l i the permit:
8
(1)
All sites shall be sited, designed, operated, and maintained using safe and sanitarX
9
practices for the preservation of the public health and welfare and the environment by preventing
10
the generation of leachate, the attraction of vectors, the release of odors, and the release of waste or
11
leachate to the environment; designed and e e.,.te,l in a manner-s to prevent the e e..t:en of
12
nuisanee of potential l,e.,ltl. 1..z. fd;
13
to
, equipped, eper-med, and main4ained as minimize
14interf
-enee with other etiyit:es i the area;
1 S
1
1 lid to to be disposal f t the 'te ll b F. .1 to tl,e ,l,,.ti„�,i ^ de .,te
bearea.
C��T"T1T�•2C/-Y•TP�Z�TJL�L�CIGTISJ1T�JCiRVC-CLL
st,,r ge-
LII�i s2L�i shall
sh g
16
f e lit:e..shall he p .:,le.l•
17
(2)
The storage of solid waste at the site shall comply with Rule .0104 of this Subchapter and the
18
conditions of the permit issued by the Division.
19
(3)
Sites that are permitted by the Division to accept medical waste shall also comply with Section .1200
20
of this Subchapter.
21
(4)
Eff etive veete,. Vector control measures shall be applied to prevent or control on -site populations
22
of flies, rodents, and other insects or vermin.
23
(5)
The owner or operator shall provide equipment that is necessary to maintain the site in compliance
24
with Subparagraph (1) of this Para rg ayh
25
areas and elsewhere as needed or- as may be feqt4ed in or -der to maintain the plan4 in a sanitafy
26
ien',
27
(6)
All ash and waste residue from the site :..ei e ..,te . p1., t shall be premptly disposed of at an appr-eve
28
a-n tar-y !a-n f:rl a solid waste management facility permitted by the Division to receive such waste.
29
site
30
(7)
An air quality permit issued by the Department of Environmental Quality, Division of Air Quality
31
32
es —,shall be obtained prior to site operation. epere ien;;
33
(8)
A site shall only accept those solid wastes vA+ieh-that it is permitted to receive. feeeive; and
34
(9)
Wa4e . tha4 , e in4e , r4aet with soli,l weste Leachate shall will be contained on -site or proper!
35
treated prior to discharge. A National Pollutant Discharge Elimination System
36
(NPDES) permit issued by the Department of Environmental Quality, Division of Water Resources
37
in accordance with 15A NCAC 02B may be required prior to discharge to surface waters.
57 of 86

C-104
1
(10)
The owner or operator shall submit to the Division upon request any information or records required
2
to be kept under the conditions of the permit or the rules of this Section.
3
(b) When a site ceases the acceptance of waste, closure of the site shall comply with the following requirements:
4
(1)
The owner or operator shall remove all waste, including ash, from the site property and dispose of
5
the waste at a facilily permitted by the Division to receive such waste no less than 120 days after
6
the date the incinerator ceased the acceptance of waste.
7
(2)
The owner or operator shall comply with the closure requirements specified in the permits issued
8
by the Division and the Division of Air Quality, , if any.
9
(3)
For a site that accepts medical waste, the owner or operator shall also meet the requirements of
10
Section .1200 of this Subchapter:
11
(4)
The owner or operator shall notify the Division in writing that the site has been closed in accordance
12
with this Rule.
13
(5)
The Department shall conduct an inspection to determine compliance with Subpara rMhs (1)
14
through (3) of this Paragraph.
15
(66)
When a site has been closed in accordance with this Paragraph, the permit is terminated, and any
16
future solid waste management at the site shall require a new permit.
17
18
History Note:
Authority G.S. 130A-294;
19
Eff. April 1, 1982;
20
Amended Eff. September 1, 4999.1 990:
21
Readopted Ejf. January 1, 2021.
58 of 86

C-105
1 15A NCAC 13B .0510 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0510 CLOSURE CONDITIONSPOST-CLOSURE CARE REQUIREMENTS FOR
4 CLOSED C&DLF AND MSWLF UNITS EXEMPTED FROM OTHER C&DLF
5 AND MSWLF RULES
6 The owner or operator of a closed construction and demolition landfill unit or municipal solid waste landfill unit that
7 is required to comply with this Rule by Rule .0531 of this Section or Rule .1601 of this Subchapter (,site) shall comply
8 with the post -closure care requirements specified in the permit conditions, the closure plan for the facility, and the
9 closure letter or permit for closure issued by the Division to the site at or near the time of closure, such as maintenance,
10 water quality monitoring, and explosive gas monitoring. The owner or operator shall also comply with Section .0600
11 of this Subchapter. The owner or operator shall submit to the Division upon request any information or records
12 required to be kept under the permit conditions, the closure letter, or the rules of this Subchapter.
13 (a) When two disposal site has boor elosed ; aeeer-danee with Rule 0505 of this Subehapto. the , a4e - shaI :
14 0) Notify the Division in writing in ordeF giat a site inspeetion may be fnade by the Division to
IRI
� �����fr:a�ss!nr�srrr��!elss.. . . eeeer�s�sess�
20
21 be eei flea i the e sure lotto,.
22 (d) When a solid waste disposal site has been elosed in aeeeFdanee with the requirements ofthe Division, the pefmit
23 .
24
25 History Note: Authority G.S. 130A-294;
26 Eff April), 1982;
27 Amended Eff. September 1, 1990; February 1, 49881988:
28 Readopted Eff.January 1, 2021.
59 of 86

C-106
1 15A NCAC 13B .0562 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0562 BENEFICIAL FILL
4 .
5 ,
7 (2) The ill-aetivityinvolve • sZ1[`v'-a ciorow.
8 (3) The ptifpese ef the fill aetivit-f is te impr-eve land tise petenfial er- other- approved benefieial r-e
9 (4) The fill aefivity is not eiEempt from, and must eamply with, all other- appheable Federal, Sta4e,-6nd
10
11
13 (a) `Beneficial fill" means a fill activity to level or bring an area to grade for the beneficial purpose of stabilizing the
14 land or improving the land use potential using only inert debris waste.
15 (b) A solid waste management permit is not required for beneficial fill that meets the following conditions:
16 (1) any soils mixed with the beneficial fill or used for cover shall meet unrestricted use standards for
17 soils as defined in 130A-310.65-,
18 (2) excavation shall not be conducted for the purpose of creating a beneficial fill area or expanding the
19 footprint of the existing beneficial fill area;
20 (3) in the absence of local ordinances pertaining to beneficial fill, the activity shall be limited in duration
21 to one year from the initial placement of material and no larger than one acre in size;
22 (4) the beneficial fill shall be setback from an adjacent property line a distance that allows for slope
23 construction and maintenance in accordance with this Rule;
24 (5) the beneficial fill shall be covered with a minimum of one foot of compacted soil and ,graded at a
25 slope no greater than a three horizontal to one vertical;
26 (6) the beneficial fill is not exempt from, and shall comply with, all other applicable federal, State, and
27 local laws, ordinances, rules, and regulations, including local zoning restrictions, flood plain
28 regulations, wetland regulations, mining regulations, and sedimentation and erosion control
29 regulations;
30 (7) the beneficial fill shall comply with the groundwater quality standards established in 15A NCAC
31 02L; and
32 (8) beneficial fill shall not be placed in waters of the State, or at or below the seasonal high groundwater
33 table.
34 (c) Soil generated from properties where there has been no known release of contaminants shall not be subject to
35 regulation as a solid waste.
36 (d) This Rule does not apply to fill activities solely consisting of soil generated from properties where there has been
37 a release of contaminants, if the soil meets unrestricted use standards for soils as defined in 130A-310.65.
60 of 86

C-107
1 (e) Fill activities using solid waste as the fill material that do not meet the requirements of this Rule are subject to
2 permitting as a solid waste management facility in accordance with this Subchapter.
4 History Note: Authority G.S. 130A-294;
5 Eff. January 4, 499-3 1993:
6 Readopted Eff. January 1, 2021.
61 of 86

C-108
1 15A NCAC 13B .0563 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0563 APPLICABILITY REQ. FOR LAND C-LEAPdNG/INERT- DEBPdS (LCID)
4 LANDFILLS GENERAL REOUIREMENTS FOR LCIDLFS
5 Management of !a-nd eleafing and inei4 debris shall be in aeeer-danee with the State hier-ar-ehy fef ma-fiaging solid waste
6 as provided fOF under- G.S. 130A 309.04(a). Disposal in a landfill is eonsider-ed to be the least desirable fnethed of
7 . The
8 owner or operator of a land clearing and inert debris landfill (site) shall obtain a permit from the Division, unless
9 exempted from permitting pursuant to G.S. 130A-294(a)(4)a. A site shall comply with Rules .0564 through .0567 of
10 this Section, and the following_ requirements:
11 (1) The site shall accept only yard waste and inert debris waste for disposal. An indivi"al po..m t f em
12 the Division of Solid Waste Management is not r-e"ir-ed for- Land Glear-ing and lnei4 Debris (LGID)
13 landfills 4tat meet all of the following eenditionsi
14 (a) The faeility is to be aper-ated for the disposal of land clearing waste, inei4 debris, tmtreate-d
15 wood, and yard trash. Operations must be eensistent and in complianee with the local
16 govemment solid waste management plan as approved by the Division of Solid Wa
17 Management.
18
l9
20 0 0 en4s , mao« R+Ae 0566
21 Q(4) The fill Tsite is not exempt from, and must shall comply with all other federal, State,
22 and eF Leeal local laws, ordinances, Rules, rules, regulations, and or orders, including but „^�4
23 zoning regulations, «ors flood plain regulations, «ors wetland regulations,
24 «ems sedimentation and erosion control regulations, and mining regulations.
25 , the fellewing applies'
26
27 fefm, duly signed, netar-ized, and feeE)fded as pef Sub item (2)(b) efthis Rule. The epef
28 .
29 (b) The owner must file the preseribed notifieation form fer- reeefdation in tile Registef of
30 Deeds'Offiee. The RegisteF ofDeeds shall index the notifieation in the granter- index und
31 the name of the o of the landi the „ „ty a «,ties which the landis 1eeate.i A
32 eepy of the recorded notification, affi*e with the Register's sea!andthe date, 1 eek .,n
33 .
34 ,
35
36 eentain in the deser-iption seetion ift no smaller- type dmn that used in the body of the deed
62 of 86

C-109
9
.
10
Q3 (4) lndivi&al
pefnrits-Permits issued by the Division for land clearing and inert debris landfills shall
l l
be valid issued for not n five s years; and are subject to the permit fees set forth in G.S.
12
130A-295.8.
13
(4�(5) A permit
shall not be required for a site that meets the following conditions: Landfillifig Of
14
elearing
and ineft debris generated solely from, and within the right of way of, North Carolin-a
15
Tlopartmen4
of Transportation p eets shall be subject to the f 11,.,.,in
16
(a)
The site property shall be a project right-of-way owned by the State of North Carolina or
17
the NC Department of Transportation, and the site shall be operated the NC Department of
18
Transportation. 010-41-y—N-ftast-ee—types as deser-ibed in Sub item (!)(a) of this R-ule may
19
disposed of within the Depat4ment of Tr-aaspeft4ien right of way.
20
(b)
The site shall accept only land clearing waste and inert debris waste that was ,generated
21
from within the same NC Department of Transportation project right-of-way that the site
22
is located in. Waste , 1.,ndf lle,l ,.,idii, the p eet right of , from whieh :t ,
23
generated.
24
(c)
The site disposal area shall not exceed two contiguous acres in size.
25
(d)
Disposal sites shall eemply The site shall comply with the siting ro nts of Rule
26
.0564 of this Section. Se fien exeept for- item " n`
27 (e) Disposal sites afe not subjeet to the fequifemefi4s of item (2) of this PWle and PWle .0204
28 of this Subehapter,
29 (5) Owners or operators shall not construct or operate more than one site that is exempted from
30 permitting in accordance with G.S. 130A-294(a)(4)a. on an, single parcel of land.
31 (6) Within five years of the readopted effective date of this Rule, the owner or operator of a notified
32 LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the
33 requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b) of
34 this Section, except that closure does not need to be in accordance with any plans, and the required
35 notification of closure is not required to be certified. For the purpose of this Rule, "notified
36 LCIDLF" means a site that was not required to obtain a permit from the Division prior to the
37 readopted effective date of this Rule because the site was designed and constructed to be two acres
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or less in size, and was required to record a notification for the site with the Register of Deeds' office
and submit the notification to the Division.
(6) Landfills gia4 afe ettffef4ly pefmit4ed as demolition landfills afe r-e"ir-ed to eamply with the
following,
(a) Only waste types as deser-ibed in Sub item (3)(a) of this Rule may be aeeepted fef disposal,
as of the effeetive date of this Rule tmiess etherwise speeified in the existing peffflit.
(b) Operations must be in eemplianee with Rule .0566 of this Seetion as of the eff-eetive date
of this Rule.
(e) E*istiag- demelitien !a-ndfills test eelwith the siting er-it€rim retirements of*see
History Note: Authority G.S. 130A-294; 13064 r 130A-301.1;
Eff. January 4, 499-3 1993:
Readopted Elf. January 1, 2021.
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C-111
l 15A NCAC 13B .0564 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0564 SITING CRITERIA FOR LCIDLFSLAND CLEARING AND 1NERT- DEBRIS
4 (LQD) LANDFILLS
5 : A land clearing and inert
6 debris landfill (site) shall meet the following siting criteria:
7 (1) Floodplain Restrictions. > ""ilities or r""ti""", The site shall not be located in the 100-year
8 floodplain.
9 (2) Faeilities or- pr-aetiees shall net eatise or- eentfibute to the taking of any endangered or- thr-ea4ene
10 si3eeies of t3lants. fish. of wildlife.o
12
13
by r-ef�r-efiee ineluding aff subseqtief4 amendments and editions. This matefial is available f6-r-
14
inspeetion at the Department of Efwifenment, HeaM, and NatuFal Reseurees, Division of
15
Waste Managemen4, 40i Oberkn Read, Raleigh, North Carolina 27605 where eepies ean be
16
obtained ..t « est
17
(Q(4)
Cultural Resources Restrictions. The site and site operations shall not damage
18
or destroy . a property of archaeological or historical significance
19
that has been listed on the National Register of Historic Places or included on the Study List for the
20
Register pursuant to 07 NCAC 04R .0206 and .0300.
21
(5}
State Nature and Historic Preserve Restrictions. > ""ilities ^r ,..""tie"" The site and site operations
22
shall not cause -have an adverse impact on " state park,r-eereation ^see othe f lands
23
any component included in the State Nature and
24
Historic Preserve pursuant to G.S. 143-260.10.
25
(4)
Endangered and Threatened Species Restrictions. The site and site operations shall jeopardize the
26
continued existence of endangered or threatened species or result in the destruction or adverse
27
modification of a critical habitat, protected under the Federal Endangered Species Act of 1973,
28
Public Law 93-205, as amended.
29
(5)
Clean Water Act requirements. The site and site operations shall:
30
(a) not cause a discharge of pollutants into waters of the United States, including wetlands,
31
that violates any requirements of the Clean Water Act, including the National Pollutant
32
Discharge Elimination System(NPDES) requirements pursuant to Section 402 of the Clean
33
Water Act.
34
(b) comply with Section 404 of the Clean Water Act.
35
(c) not cause the discharge of a nonpoint source of pollution to waters of the United States,
36
including wetlands, that violates any requirement of an area -wide or Statewide water
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ualitv manaeement Dlan that has been aDDroved under Section 208 or 319 of the Clean
Water Act.
(7) it fliust be shevffi that adequate suitable soils ai-7e a-vailable for- eevef, either- en site E)r- ffem en Or- off
(6) Faeilities shall not be laea4ed in a -ay wetland as defined in the Clean Wa4er Aet, Seefien 404(b�
(8) Land Clearing and inert DebFis landfills shall meet the following surfaee and gr-ound w
req tsr
is in violation of t e re"irements of t e NeA:en l PaRt afA Disehar-.e Rl;,,,;.,mio Syste.v.
OWD S) tinder Seetion 402 of the Clean Water n of as amended.
Water net as amended.
(e) Faeilities oF praetiees shall not eause non pein4 sotifee pollution of waters of the state th
violates assigned water quality standards.
(d) Waste in landfills with a disposal area gFea4ef than two aeFes shall be plaeed a Riinim*m of
four feet above the seasenal high wa4er- table, exeept where an altemative separ-atio
approved by the Division.
(e) Waste in !a-ndfills with a disposal area less than two acres shall be placed above the seasana4
high water- tabk-
�0(9) Buffer Requirements. T'1 rThe site shall maintain meet the following buffer
requirements:
(a) 50 feet from the waste boundary to elwaters of the state State as defined in G.S.
143-212.
(b) 100 feet from the waste boundary Ito property lines, residential dwellings,
commercial or public buildings, and otn able wells.
(e)-The Division may establish alternative buffers in the permit conditions if it is necessary for the
preservation of public health and the enviromnent. -Buff r e e ent may be adjusted
neeessary to i a adequate protection of publie l.e.,lth and the e ent
The site shall establish and maintain an access road around the waste boundary for access by
emergency or fire -fighting vehicles and equipment.
(8) The site shall have soil available for cover either on site or from on or off site.
(9) The site and site operations shall comply with 15A NCAC 02L for protection of groundwater
quality. The bottom elevation of the waste shall be no less than four feet above the seasonal high
groundwater table.
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History Note: Authority G.S. 130A-294;
Eff January 4, 499-3-.1993:
Readopted E,(f. January 1, 2021.
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1 15A NCAC 13B .0565 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LCIDLFS
LAND GLEARING/INERT-
4
5 fir;. � *. plans, maps, and r-epet4s shall be required with e' „';ea*;or. A permit applicant for a proposed
6 land clearing and inert debris landfill (site) permit shall submit one electronic copy of an application to the Division
7 that shall contain the followine information: The sea' of ^ professional e � rod when submitting Mans
8 for- a hand Clearing and laeA Debris (LGID) !a-ndfilh
9 (1) The following inferma4ion is reqttir-ed in order to r&view a -ad appr-&ve the siting of a Land Clear-ing
10 and T"e"' Debris ( CID) !a-adf l : a copy of the deed for the site property including the property
11 owner's name, the parcel identification number, and a legal description of the property;
12 M(a) An an approval letter from the unit of local government having zoning authority over the area where
13 the €aeilisite is to be located stating that the site meets all a the requirements of the local zoning
14 ordinance, or that the site is not zoned. zoned;
15 JD(h) T octieri-orra county road map showing the location of the site;
16 (e) information showing that the bottom elevation of the waste shall be fouf feet above the seasonal
17 ,
18 test pits, or- fr-om other- gealogieal or water table investigations, stiadies, or- r-epoi4s from the
19
20 (4) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
21 Department of Cultural and Natural Resources stating whether the proposed use of the property will
22 impact the historic sites described in Rule .0564(a)(2) of this Section; State nature and historic
23 preserves described in Rule .0564(a)(3) of this Section; or the endangered or threatened species
24 described in Rule .0564(a)(4) of this Section located at the site; and
25 (D(d) a
26 description of how the site will comply with Rule .0564 of this Seefien.Section;
27 (e) A eepy of the deed or- othef legal deser-ipfien of the site thm would be suffieiei# as a deser-ipfie
29 ()Any other- 4&rmation peftinent to the suitability of the proposed f4eility.
30 (0(2) The following shall be provided on a map or aerial photograph with a scale of a"east-no less than
31 one inch equals four hundred feet showing the followingin n an area within one-fourth mile of the
32 site:
33 tA)(a) xtire the entire property or portion thereof evmea or- !eased by the person providingthe
34 disposal site. where the site is proposed to be located.
35 (M(b) 1 eemiee the location of all homes, buildings, public or private utilities, roads, wells,
36 watercourses, water or other impoundments, and any other applieable features or details.
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00.)
that the Division may reauest if it is necessary to determine compliance with this
Subchapter;
(Q�c4 the 100-year floodplain €lead boundaries, if anv;
LM(d) .1;Teda- ,1 1_^,m,1afie. :f any. boundaries of wetlands as defined in Section 404(b) of the
Clean Water Act, if anv;
E�(e) Histerieal or rehaeolegiea site^ � ^^��. the boundaries of sites described in Rule .0564(2)
and (3) of this Section, if any.
£evelapfnen4 development and design plans and details, drawings for the site, at a scale of a4 leas
no less than one inch equals one hundred feet,
with specifications containing the following information: in f ,.,_,. tion shall be s,.1.mit4e with the
LAI(a4 Er-apert-y or- s4e—property boundaries, beund -y , ftAly dimensioned with bearings and
distances, tied to North Carolina grid coordinates where available; reasonably f ^�'�'^
(H)(b) Easements and rgMs of way. easements and rights -of -way,
(Q(e) €*isfingp^e existing on site and adjacent structures such as houses, buildings, wells,
roads and bridges, water and sewer utilities, septic fields, and storm drainage firms.
features;
LM(4) Prepesed-proposed and existing roads, points of ingress and egress, and ea_e& ��
access eentel controls such as gates, fences, or berms;
ffi)(e3 B*€€er—buffer and set back lines along with thee —and buffered boundaries or features;
boundary or- feaWr-e.
ff)(0 wrings, Spring-s-, streams, creeks, rivers, ponds, and other surface waters and
i>npOttndMefAs—.impoundments;
LG, W Wetlands, if any -.-wetlands, if anv:
(W(h) Boundary boundary of the proposed waste area—
.-area-(1) the proposed bottom elevation of the waste in relation to the seasonal high groundwater
table;
fJ o) Existing existing topography with contours at a mininitim of five-foot five feet intervals.
W ere neeess^^ a smaller interval shall be utilized if it is necessary to clarify existing
topographic eenditiens. conditions;
LK)(}} Pr-epesed proposed excavation, grading, and final contours at a miniffmm effive-foot €ire
feet intervals. A smaller interval shall be utilized if it is necessary to
clarify proposed grading. Excavation, grading, and fill material side slopes shall not exceed
a ratio of three horizontal to one vertical; ene (3: 1).
LL)(k4 e where an on site borrow pit for operational and final cover is proposed, indicate the
borrow pLt excavation and grading plan with contours at a mininium five-foot five feet
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C-116
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intervals. A smaller interval shall be utilized if it is necessary to clarify
2
proposed gr-adin� rag ding;
3
M(O Proposed proposed surface water control features and devices such as slope drains, storm
4
water pipes, inlets, culverts, andchannels;
5
oN (ter) lafefma4ia information showing that the project meets the requirements of 15A NCAC
6
04 for sedimentation control;-! 5 ^ NCAC C n Se,ai e,,..,.ie Control Rules.
7
n(n) ; eeatio location of test borings or test pits, if used to determine the seasonal high
8
groundwater watertable elevation; and .
9
M(e) ^ ~ ~~ of no less than two cross -sections, one each along each major axis, per
10
operational area showing original elevations, proposed excavation, and proposed final
l l
elevations;
12
(i) Ofiginal elevatiens.
13
(:�)Pr�esed e*savaties
14
(iii) Proposedfinal elevations.
15
M(4)
An operational -an operations plan addressing the requirements under in Rule .0566 of this Section
16
that shall contain and eentaining the following information: inf rmatio^ shall be submitted with the
17
.
18
(AJ(O lithe name, address, and -phone n*mbe number, and e-mail address of the site owner
19
and operator; '
20
(b) Protested use of the land arftefeempletion
21
LR#4 Desert a description of systematic usage of disposal area, operation, and development
22
of the site, ,,r erly4eye,,,,.nwnt and eles ,,.e of ta landfill.
23
(Q(d) type, source, and quantity of waste to be aeeepted-accepted; and
24
(M(,e) An an emergency contingency plan, including fire -fighting procedures; fir^ fi .L fang
25
26
(9)
a closure and post -closure plan addressing the requirements in Rule .0567 of this Section that shall
27
contain the following information:
28
(A) the procedures and schedule for closure of the site;
29
(B) the projected use of the property after closure of the site; and
30
(C) the procedures and schedule for post -closure care maintenance, and for post -closure
31
groundwater, surface water, or explosive ,gas monitoring if it is required by the Division to
32
determine compliance with Rule .0566(11) or (13) of this Section.
33
(10)
other information that the Division may request if it is necessary to determine compliance with the
34
rules of this Subchapter.
35
(b) If required by
G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional
36
engineer or licensed geologist shall certifv the information submitted in accordance with Subnaraaranhs (a)(6) through
37 (a)(10) of this Rule.
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1 (c) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
2 (d) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
3 the permit when the permit is issued by the Division, and the site shall comply with the permit in accordance with
4 Rule .0203(d) of this Subchapter.
5 (e) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
6 permit by the Division in accordance with the Paragraph (d) of this Rule by submittingthe he request to the Division,
7 including the modified plan and a demonstration showing how the proposed modifications comply with the rules of
8 this Section. The Division shall respond to the request in writing within the timeline provided in G.S. 130A-295.8(e),
9 and the response shall either approve or deny the request as submitted or request that additional information be
10 submitted for the Division to consider the request. The Division's approval shall be based on whether the modification
11 complies with the rules of this Subchapter. If the Division approves the request as submitted or upon receiving the
12 additional information requested, the Division's written approval and the revised pages of the plan shall be added to
13 the site's operating record. The owner or operator shall not implement the modification until the Division has issued
14 an approval.
15 (f) The permit issued by the Division shall be recorded with the Register of Deeds in the same manner as sanitary
16 landfills in accordance with G.S. 130A-301.
17
18 History Note: Authority G.S. 130A-294;
19 Eff. January 4, 499-3 1993:
20 Readopted Ejf. January 1, 2021.
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C-118
1 15A NCAC 13B .0566 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0566 OPERATIONAL REQUIREMENTS FOR LCIDLFS REQ. FOR LAND
4 CLEARING/INERT DEBRIS (LQD) LANDFILLS
5 Land Clea-r-i g and TaeA nowri^ it C!P) !a-nd f lls The owner or operator of a land clearing and inert debris landfill
6 tsite shall comply with the permit conditions, the plans incorporated into the permit in accordance with Rule .0565(d)
7 of this Section, and meet -the following operational requirements:
8
9 W(2) The €aei-lisite shall only accept those solid wastes that "iek it is permitted to receive.
10 (Q(3) Solid waste in the landfill shall be compacted. r-estfieted to the smallest ^ ^^ feasible and compaete
11 as densely as pr-aetieal into . Slopes shall not exceed a three horizontal to one vertical ratio at
12
any time.
13
(D(4)
All waste shall be covered with no less than six inches of soil monthly. "dequ `^ ^�r ^' ^"''^
14
applied w•^-•dily, or when the active area reaches one acre in size, whichever occurs first. And
15
used for cover at a site shall meet unrestricted use standards for soils as defined in 130A-310.65.
16
(4)(5)
120 ealendar days after eompletion of any phase of disposal operations, or upon revoea4ien of
17
permit, the disposal area Areas that will not have additional wastes placed on them for three months
18
or more, but where final termination of disposal operations has not occurred, shall be covered with
19
a fniniffwm-erno less than one foot of suitable soil cover sloped to alle direct the flow of surface
20
water from the landfill, and stabilized with ve etg ative ground cover or other stabilizing material.
21
naff in ^ eepAfelle fnaaner. The Division may require further action Ito correct any
22
condition which the Division determines is-e may beeeme be injurious to the public health, or a
23
nuisance to the community.
24
(5)(6)
Adele -erosion control measures, structures, or devices shall be utilized to prevent silt from
25
leaving the site and to prevent exeessivve on site er-eaion.. erosion, and shall comply with 15A NCAC
26
04.
27
28
.
29
(0(8)
The €aeilily site shall be adequately secured by barriers such as gates, chains, berms, and
30
fences fenees, ete. to prevent unauthorized access. aeeess exeept when an r^+^r is on duty. An
31m4endan4
operator shall be on duty at all times while the site landfill is open for public use to assure
32
compliance with operational requirements and to prevent acceptance of unauthorized wastes.
33
Q(3)
Access roads shall be of all-weather construction and shall be maintained to allow access by vehicles
34
transporting waste, Department staff, and fire -fighting vehicles. peep .
35
MOO)
Surface water shall be diverted from the working face and shall not be impounded over waste.
36
JD"
Solid waste shall not be disposed of in water.
37
LLO)(1-2) Fire Protection and Control.
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] (a) Open burning of solid waste is prohibited, unless approval has been obtained
2 from the Division, the local government, and the Division of Air Quality in accordance
3 with 15A NCAC 02D .1900 prior to any burning activity.
4 (b) Hot ashes, hot loads, or cinders shall not be disposed of in the landfill. The waste screening
5 procedures described in the operations plan in accordance with this Rule shall address
6 identification and rejection of loads containing hot ashes and cinders.
7 (c) The owner or operator shall provide equipment on -site to control fires and make
8 documented arrangements with a local fire protection agency to provide fire -fighting
9 services.
10 (d) The owner or operator shall provide verbal notification to the Division of fires that occur
l l at site within 24 hours of the fire and shall submit written notification to the Division within
12 15 days of the fire. The notification shall include the site name and permit number; the date
13 and time of the fire; actions taken by the owner or operator in response to the fire; the cause
14 of the fire, the area, type, and amount of waste that caught fire; and a plan of action to
15 prevent fires in the future; the name and title of the person submitting this information, and
16 the date the information is submitted.
17 (111)" The concentration of explosive gases generated by the site €aei-lity shall not e*eee& exceed
18 (a) —twen , -five fie -percent of the lower explosive limit for the gases in €aeility
19 stpaetufes. site structures; or
20 ('��'the lower explosive limit for the gases at the property boundary. The Division may
21 require quarterly monitoring of explosive gases if it is necessary to determine compliance
22 with this Subparagraph. If the Division requires monitoring, the Division shall provide
23 written notice of the requirement to the owner or operator.
24 (L2)" Leachate shall be contained and managed onsite. heaehate shall be proper',, Inan ged On site ...-,.ugh
25 .
26 13 "A site shall comply with 15A NCAC 02L for the protection of groundwater quality, and the surface
27 water quality standards established in 15A NCAC 02B. Should the Division deem it no
28 , may be r-e"ir-ed as provided fer- under- Rules
30 1L4,"A sign shall be posted at the €aeilisite entrance showing the site contact name and number, number
31 . the permit number, emergency contact information,
32 and the waste types accepted for disposal at the site. The pefmit t+uwber- requirement is no
33 .
34 (15) Inert debris waste accepted at the site shall be placed within the permitted landfill footprint unless
35 it is being processed for recycling or beneficial reuse. Inert debris waste shall not be placed as
36 beneficial fill as defined in Rule .0562 within the site buffer areas or elsewhere on the property
37 unless stated in the site permit.
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1 (16) The owner or operator shall submit to the Division upon request any information or records required
2 to be kept under the conditions of the permit or the rules of this Section.
4 History Note: Authority G.S. 130A-294;
5 Eff. January 4, 499-3 1993:
6 Readopted Elf. January 1, 2021.
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C-121
1 15A NCAC 13B .0567 is proposed for adoption as follows:
2
3 15A NCAC 13B .0567 CLOSURE AND POST -CLOSURE CARE REQUIREMENTS FOR LCIDLFS
4 (a) The owner or operator of a land clearing and inert debris landfill (site,) shall implement the closure of the site in
5 accordance with this Rule and the plans incorporated into the permit in accordance with Rule .0565(d) of this Section.
6 The owner or operator shall notify the Division no less than 90 days prior to the expected closure of the site.
7 (b) Closure Requirements.
8 (1) The owner or operator of a site shall begin closure activities no later than 30 days after the final
9 receipt of wastes. The disposal area shall be covered with no less than one foot of soil cover sloped
10 to direct the flow of surface water from the landfill and stabilized with vegetative ground cover or
l l other stabilizing material.
12 (2) The owner or operator of a site shall complete closure activities in accordance with the closure and
13 post -closure care plan incorporated into the permit in accordance with Rule .0565(d) of this Section
14 within 120 days followingthe he beginning of closure.
15 (3) Within 30 days of completion of closure of the site, the owner or operator shall submit to the
16 Division a certification verifying ing that closure has been completed in accordance with the closure
17 plan. If required by G.S. 89C, the certification shall be completed by a licensed professional
18 engineer.
19 (4) When a site has been closed in accordance with this Rule, the permit is terminated. Any future solid
20 waste management or disposal at the site shall require a new permit.
21 (c) Post -Closure Care Requirements.
22 (1) Following closure of the site, the owner or operator shall conduct post -closure care in accordance
23 with the closure and post -closure care plan incorporated into the permit in accordance with Rule
24 .0565(d) of this Section, and the following requirements:
25 (A) maintenance of the integrity and effectiveness of any cap system, including making repairs
26 to the cover to correct the effects of settlement, subsidence, erosion, or other events, and
27 preventing surface water run-on and run-off from eroding or otherwise damaging the cap
28 system;
29 (B) maintenance of the vegetative cover of the cap, and ensuring that trees and other woody
30 vegetation do not become established on the cam
31 (C) maintenance of vehicle and fire -fighting lanes to allow access to the entire waste boundary
32 of the site;
33 (D) groundwater, surface water, and explosive gas monitoring in accordance with the closure
34 and post closure care plan, if it is required by the Division to determine compliance with
35 Rule .056601) or (13) of this Section;
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(E) maintenance of the operating record by the owner or operator. The operating record shall
be made available to the Division for inspection upon request during the post -closure care
period; and
( any additional actions that the Division may require to correct any condition that the
Division determines may be injurious to the public health or a nuisance to the community.
(2) Property lines shall not be altered to result in reduction of the buffer areas set forth in Rule .0564(6)
of this Section or stated in the site permit.
(3) The buffer areas set forth in Rule .0564(6) of this Section or stated in the site permit shall not be
developed or utilized for residential, commercial, industrial, or institutional purposes, including
above -ground or below -ground construction or improvements such as utilities, roads, parking lots,
and sidewalks.
(4) Post -closure care shall be conducted for 10 years.
History Note: Authority G.S. 130A-294;
EEf.' January 1, 2021.
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C-123
1 15A NCAC 13B .0601 is proposed for readoption with substantive changes as follows:
2
3 SECTION .0600 - MONITORING REQUIREMENTS
4
5 Rules .0601 - .0602 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.1313
6 .0601 - .0602); have been transferred and recodified from Rules .0601 - .0602 of Title 10 Subchapter 1 OG of the North
7 Carolina Administrative Code (T10.1 OG .0601 - .0602), effective April 4, 1990.
8
9 15A NCAC 13B .0601 GROUND WATER GROUNDWATER MONITORING
10 (a) This Rule shall apply to a sanitary landfill that is not subject to Rules .0531 through .0546 or Section .1600 of this
11 Subchapter (site). This Rule shall apply for the life of the site and the post -closure care period of the site.
12 (b) A site shall be subject to the groundwater requirements and standards in 15A NCAC 02L .0101 through .0114 and
13 15A NCAC 02L .0201 through .0202.
14 ¢a'fhe—Bi ision shall require a solid waste managemen4 faeilivy to --A site shall provide such ground
15 groundwater monitoring capability as the Division determines to be necessary to detect the effects of the site faeili
16 on ground groundwater in the area. In making such a determination, the Division shall consider the following
17 factors:
18 (1) the design of the site faeilit3—.the nature of the processes it will use, and the type of waste it will
19 handle;
20 (2) soil and other geological conditions in the area;
21 (3) nearness of gr-et d groundwater to the site; €ae
22 (4) uses that are being or may be made of any grotmd water groundwater that may be affected by the
23 site; €aeility; and
24 (5) any other factors that r-easenablyrelate to the potential for gFound groundwater effects from
25 the site. faeflity.
26 .
27 (e) Any other- infefmatien tha4 the Division deems pei4inent to the development of a gfetind wa4ef meniter-ing system..
28 will bere"i.ed.
29 (d) All monitoring wells required pursuant to this Rule shall comply with monitoring well construction standards of
30 15A NCAC 2C .0105..0108.13-0—of 1 1; A'�TC�ay be obtaineda nspeeted at the Div4sie
31 (e) The owner or operator of a site shall submit a A -record of the monitoring well installation shall be filed wit to
32 the Division upon completion of the installation. ffieniter-ing we'
33 (f) Gfettadwater Ejualit�, meniter-ing wells shall be eenstf+teted of materials, and by procedures, approved by t,
34 Division.
35 (fl The site shall not cause an exceedance of the groundwater quality standards and interim maximum allowable
36 concentrations established under 15A NCAC 02L .0202 in the uppermost aquifer at the review boundary or
37 compliance boundary as established in 15A NCAC 02L .0107 and .0108.
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2 History Note: Authority G.S. 130A-294;
3 Eff April 1, 1982;
4 Amended Eff. September 1, 1990; August 1, 1988; January 1, 49&5-.1985;
5 Readopted Eff.January 1, 2021.
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l 15A NCAC 13B .0602 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0602 SURFACE WATER MONITORING
4 (a) The Division shall require a solid• rite management f edit . e This Rule shall apply to a sanitary landfill that is
5 not subject to Rules .0531 through .0546 or Section .1600 of this Subchapter (site). This Rule shall apply for the life
6 of the site and the post -closure care period of the site.
7 (b) The owner or operator of a site shall provide such surface water monitoring capability as the Division determines
8 to be necessary to detect the effects of the site faeik4y on surface water in the ar- waters contained on or bordering
9 the site property. In making stieh this determination, the Division shall consider the following factors:
10 (1) the design of the site, €aeAity; the nature of the process it will use, and the type of waste it will
11 handle;
12 (2) drainage patterns and other hydrological conditions in the area;
13 (3) nearness of surface water to the site; €ae4ity;
14 (4) uses that are being or may be made of any surface water that may be affected by the site; €aeilit3
15 and
16 (5) any other factors that prelate to the potential for surface water effects from the site. €ae
17 (b) Responsibility fer- sample eelleetion and analysis will be defined as a pai4 ef the pefmit eenditi
18 (e) Ant, other iftfefma4ien tha4 the Division deems pei4inent to the develepmen4 of a suffaee wa4er- menitoring systeffi
19 will be requi.ed.
20 (c) The site shall not cause an exceedance of the surface water standards established under 15A NCAC 02B .0200. If
21 a surface water quality standard is not established in 15A NCAC 02B .0200 for any detected constituent or parameter,
22 the owner or operator shall obtain a determination from the Division on establishing a surface water standard using
23 EPA Nationally Recommended Water Quality Criteria which can be viewed on the Department's website at
24 hgps:Hdeq.nc.,gov/about/divisions/water-resources/planning/classification-standards/surface-water-standards.
25
26 History Note: Authority G.S. 130A-294;
27 Eff. April 1, 49,92-. 1 882;
28 Readopted Ejf. January 1, 2021.
29
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15A NCAC 13B .0701 is proposed for readoption as a repeal as follows:
SECTION .0700 - ADMINISTRATIVE PENALTY PROCEDURES
15A NCAC 13B .0701 ADMINISTRATIVE PENALTIES
The following i%ies shall go-,,em the assessfnent, r-emission, fnifigatien a -ad appeal of adfninistfa4i-ve penalties imposed
by the Division undef the Solid Waste Managefnefit Aet, AAiele 9 of Chaptef 130A of the Nef* Carolina Genefal
Stattttes.
History Note: Authority G.S. 130A-2269;
Eff. April 1, 1982;
Amended Eff. September 1, 1990; October 1, 4984-1984:
Repealed Elf. January 1, 2021.
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15A NCAC 13B .0702 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0702 STANDARDS
in detei:fnining the af-nount of the administfative penalty, the Division shall eensider- the following standaMs:
(a) For- a violation of the Solid Waste Management Aet, Ar-tiele 9 of ChapteF 130A of the No -
Carolina General Statures, and the nales adopted ther-eun
(iii)&r-atien E)rtherielatiew,
(potential-effeet an publie health and the eevir-onfnext;
(vi) e€feetivenesso . e eas�tr s taken y thevielater;
(vii) damage to pfivate property.
(b) FoF aviolation of an eFder- issued tinder the Solid Waste Managetnent Aet, Artiele 9 of
(iii) ea+ise (whether r-estifting from a negligent, reekless or- intentional aet or emission)--,
(iv) qTe of violation, if an�-,
(v) peten4ial-e€feet on publie health and the eevir-omnext;
(vi) effeetiveness of resprzs taken by violator.
,
any leeal boar-d of health, of the Depai4ment a r-igIA of en" as pr-evided for in G.S.
11 nor
;
(ii) dtrr-atienefTefasal;
(iii) petential-effeeten ptblie health and the efwir-efffnext;
':type of waste handled by violator at the sol'�stetnanagement f4eil
(2) Cost of reetifyi g any damage.
History Note: Authority G.S. 130A-22(l;
Eff. April 1, 1982;
Amended Eff. September 1, 1990; October 1,4984.1 884;
Repealed Ef'. January 1, 2021.
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15A NCAC 13B .0703 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0703 PROCEDURE FOR ASSESSMENT: REVOCATION OF PERMIT
(a) Pepefiding an the violation iiwelved, the Division may issue a natiee of penalty assessment ifnmedia4ely or- gran
the violator- a period of time within whiek to eease the violation.
(b) For- all violations for w-hieh a penalty is assessed a notiee of sueh aetion shall be sent the respendent by Fegiste
oF eertified mail. The notiee shall deser-ibe the nattiFe of the ivielation with reasonable pai4iettlarity, the amount of
penalty fer- eaeh vielation, that eaeh day of a eentit+uing vielation eenstitutes a separate vieleAien, a&ise that th-e
penalty is now due or- theA it will beeeme "e a4 the end of a speeified time, and a&ise the respondent of his rights of
(e) in addition to a" assessment that migh4 be apprepfia4e, the Division may suspend or- revoke the pet:Fait of any
(d) The P�visien er- its delega4es may modify a penalty upon finding diet addifienal of diffefef4 faets sheuld ha
been eonsidered in determining the amotmt of the assessment or- upon finding that the respondent has eor-reeted or
mitigated the harm eause by the vielatien.
History Note: Authority G.S. 130A-22(f);
Eff. April 1, 1982;
Amended Eff. May 1, 49,9-7-.1987:
Repealed Eff. January 1, 2021.
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15A NCAC 13B .0704 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0704 PAYMENTS: HEARING
(a) Within 60 days after- r-eeeipt of nefifiea4ian of a penalty assessfnent, payment fnust be tender-ed uniess a wfitten
request for- an administr-a4ive heafing has been filed pursuarA to G.S. 130A 22. All written r-equests for- a hearing shall
be made in aeoeFdanee with G. S. 150B.
(b) Payment may be tendeFed in eefonetion with a hearing request and in sueh case, the paytnent shall be aeeept
(e) This Pule shall not preeltide infermal eenfer-enees eencerning the penalty assessed.
(d) The Division shall aeknowledge the Feeeipt of all payments.
History Note: Authority G.S. 130A-2269;
Eff. April 1, 1982;
Amended Eff. September 1, 1990; February 1, 1988; May 1, 498-7.-1987;
Repealed Eff. January 1, 2021.
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15A NCAC 13B .0705 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0705 STAY OF PENALTY ASSESSMENT
When an adtninistfmive hearing is r-equested for- a puTese other- than remission or- r-eduetien of the penalty assessed-,
the penafty will be stayed as of the date of r-eeeipt of the r-equest by the Offiee of Admiaistra4ive 14ea-r-ings until se
of the final .leeisi ,« or other settlement of the matter.
History Note: Authority G.S. 130A-22(l);
Eff April 1, 1982;
Amended Eff. May 1, 49,9-7-.1987:
Repealed E,(f. January 1, 2021.
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15A NCAC 13B .0706 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0706 WAIVER OF ADMINISTRATIVE HEARING
0) s4mits a wfitten waiver- to the Division or- its delegmes of his right te an adfninistfative hearing,
(2) fails to reqttest a hearing within 30 days of feeeipt of notiee ef penalty assessment,--or-
(3) fails to attend a seheduled administrative hearing.
History Note: Authority G.S. 130A-2269;
Eff. April 1, 1982;
Amended Eff. May 1, 49,9-7-.1987:
Repealed Eff. January 1, 2021.
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15A NCAC 13B .1301 is proposed for readoption as a repeal as follows:
SECTION .1300 - DISPOSITION OF FETAL REMAINS
15A NCAC 13B .1301 MANNER OF DISPOSITION OF FETAL REMAINS
burial,All hospitals, other medieal f4eilities oF medieal or Fesear-eh laboratories shall dispose of fetal remains by
er-emation or ineineration in aeeer-danee with 15A NCAC 13B . 1200, exeept that burial of eremation shall be the only
developed beyond completion of the seeand tfifnester- of gestation, eensistent with G.S. 90 210.20(el).
History Note: Authority G.S. 130A-309.26;
Eff. October 1, 1990;
Temporary Amendment Eff. December 22, 1997;
Amended Eff. April 1, 1999.1999;
Repealed Eff. January 1, 2021.
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Montie, Jessica
From: Hollis, Carrie
Sent: May 6, 2020 7:43 AM
To: Montie, Jessica; Everett, Jennifer
Cc: Masich, Molly; McGhee, Dana; Grozav, Anca
Subject: Approval - Solid waste management 15A NCAC 13B .0100-.0300,.0500-.0600, .0700, and .1301
Attachments: DEQ2020-05-06.pdf
OSBM has reviewed the Division of Waste Management's proposed changes to rules in 15A NCAC 1313.0100-
.0300,.0500-.0600, .0700, and .1301 in accordance with G.S. 15013-21.4 and with E.O. 70 from 10/21/2010 as amended
by E.O. 48 from 4/9/2014. The fiscal note has been approved for publication. Please ensure that the state government
and local government impacts are included in the Notice of Text and that the NC League of Municipalities and
Association of County Commissioners are notified.
The .pdf file of the rule impact analysis (attached) will be posted on our website at the following URL (please allow for
some time):
https://files.nc.gov/ncosbm/documents/files/DEQ 2020-05-06.pdf
Please post this link on your agency's website to ensure compliance with G.S. 1508-19.1(c)(5).
Please let me know if you have any questions.
-Carrie
Carrie Hollis
Economic Analyst
NC Office of State Budget and Management
carrie.hollis(cDosbm.nc.gov
MAKE NC
COUNT
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law (GS 132) and
may be disclosed to third parties by an authorized state official.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.