13B_.0100-.0700.1300_TrackedChanges

I 15A NCAC 13B .0101 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0101 DEFINITIONS
4 The definitions in G.S. 130n 290 Article 9 of Chapter 130A of the General Statutes and the following definitions
5 shall apply throughout this Subeh im Subchapter, except for Section .1500 of this Subchapter:
6 (1) "Aerated static pile composting" means the process in which decomposing organic material is
7 placed in piles over an active aeration system that is used to supply oxygen and to control
8 temperature for the purpose of producing compost.
9 Q(4) "Agricultural Waste" waste" means waste materials produced from the raising of plants and animals,
10 including animal manures, bedding, plant stalks, hulls, and vegetable matter.
11 Q3 (24 "Airport" means public -use airport open to the public without prior permission and without
12 restrictions within the physical capacities of available facilities.
13 (4) "Anaerobic digestion" means the biological process in which microorganisms break down
14 biodegradable organic material in the absence of oxy eg_n.
15 t5)(3) "Backyard Wig" composting" means the on -site composting of yard waste and food
16 residuals by the owner or tenant of a residential property. The waste material is ,generated only
17 onsite, and the resulting compost is used only onsite or on the owner or tenant's property. from
18 .
19 (6) "Backyard vermicomposting" means the on -site vermicomposting by the owner or tenant of a
20 residential grope . using organic material from the residential property with the product produced
21 used only onsite or on the owner or tenant's property.
22 (4) "Blood pr duetsfne-ansal btilk blood and blood ,..oduets.
23 [(7)](-S) "Cell" means eempaeted solid waste eeWletely efweleped by a eeWaeted e&ver- fneAer-i
24 (7)[(8)] "Collection center" means a collection point for the temporar serge of solid waste for individual
25 residential households who choose to transport solid waste generated on their own property
26 facility owned or operated by a local government, rather than directly to a solid waste management
27 facility permitted in accordance with the rules of this Subchapter. Collection centers are also known
28 as "convenience centers" and "drop -off -centers," and are not [tfansf r f eili es e ] transfer stations
29 for the purpose of this Subchapter. A person, business, or local government facility that collects
30 materials for the purpose of recycling, and does not collect any solid waste for the purpose of
31 disposal, is not a collection center for the purpose of this Subchapter. A collection center shall
32 operate [fie] in accordance with Rule .0208(a) of this Subchapter.
33 (8)["](6) "Compost" means a decomposed, humus -like organic matter, produced in an aerobic
34 composting process that is designed and monitored to ensure that the product is free from pathogens,
35 eff nsive odors, taxis toxins, or materials harmful at the point of end use. Compost is suitable for
36 use as a soil eendi�r conditioner and may have with varying nutrient values.
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I "Compost facility" ' " means a solid waste facility established in accordance with Section
2 .1400 of this Subchapter whie that utilizes a controlled biological process of degrading
3 non -hazardous solid waste. A compost facility may inelude include:
4 (a) materials processing and hauling equipment;
5 (b) structures to control drainage; and
6 (c) structures to collect and treat leachate; and
7 (d) storage areas for the incoming waste, the final products, and residual materials.
8 (UO ["](8) "Composting" means the eentfel1ed biological decomposition of organic waste by naturally
9 occurring bacteria under an aerobic process that is designed and monitored to yield a stable,
10 humus -like, pathogen -free compost product. final prodtietr-esulting in vokifne re"etie, of 30 5
11
12 G1 ["](-9) "Composting pad„ PeEP means a surface, whether soil or manufactured, where the process of
13 composting takes place, and where raw and finished materials are stored.
14 (12)["] "Construction and demolition debris landfill" and "C&DLF" mean a sanitary landfill unit
15 established in accordance with Rules .0531 through .0546 of this Subchapter for the land disposal
16 of C&D [seW] waste.
17 (U3["]00) "Curing" means a continuation of the composting process after the high heat stageg
18 which compost stability and maturity continue to increase. Curing occurs after completing the
19 process to further reduce pathogens and the requirements for vector attraction reduction. the final
20 sta4e of eamposting, after- the majority of the readily metabolized matefial has been deeemposed, +'H
22 (14)["] "C&D fselid] waste" means solid waste generated solely from the construction, remodeling,
23 repair, or demolition operations on pavement and buildings or structures. C&D [solid] waste Lmay
24 iftekude] includes municipal and industrial solid wastes that are identical to materials generated from
25 the construction, remodeling, repair, or demolition operations on pavement and buildings or
26 structures.
27 15 ["]" "Demolition landfill" means a sanitary landfill that was limited to receiving stumps, limbs,
28 leaves, concrete, brick, wood, uncontaminated earth or other solid wastes approved by the Division,
29 which either ceased operation or was converted to a land clearing and inert debris landfill (LCIDLF).
30 [LCIDLF.] Land Clearing and inert Debris Landfill pufstiant to Rule .0
31 (U["] "Digestate" means the organic material produced during the anaerobic digestionprocess. The
32 digestate is a wet mixture of solid and liquid that is rich in nutrients.
33 17 ["]024 "Division" means the Director of the Division of Waste Management or the Director's
34 authorized representative.
35 18 [("]" "Erosion control measure, structure, or device" means physical devices constructed, and
36 management practices utilized, to control sedimentation and soil erosion such as silt fences,
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] sediment basins, check dams, channels, swales, energy dissipation pads, seeding, mulehing
2 mulching, and other similar items.
3 19 [(20)]44) "Explosive gas" means Methane (ru^`. a landfill gas that will propagate a flame in air at
4 25 degrees Celsius and atmospheric pressure, such as methane or hydrogen sulfide.
5
6
7 (20)[(24)]" "F'^ r "Floodplain", "base floodplain", "one -hundred -year floodplain", or "100-
8 year floodplain" mean "base floodplain" as defined in G.S. 143-215.52. means the lowland an
9 r-ela4ively fia4 areas adjoining inland and eeastal waters, ineluding flood prone areas of off-sher-ee
10 .
11 21 [R2)](� "Foreign matter" Ma#ef " means metals, glass, plastics, rubber, bones, and leather, but does
12 not include sand, grit, r-eeks rocks, or other similar materials.
13 22 [(23)] "Hazardous waste" means the term as defined in G.S. 130A-290(a)(8). The term does not
14 include those solid wastes excluded from regulation pursuant to 40 CFR 261.4, incorporated by
15 reference in 15A NCAC 13A .0106. The term does include hazardous waste generated by very small
16 quantity generators as defined by 40 CFR 260.10, incorporated by reference in 15A NCAC 13A
17 .0102(b).
18 "
19 hazar-detis waste oft or ift land in aeeer-da-nee with i%les pr-efnulga4ed tmder- this ai4ie
20 23 [(24)]" "Incineration" means the pr-esess—disposal of btiming solid, semi seliR semi -solid, or
21 gaseous combustible wastes through a burning process designed to create to an ine ff nsiN e a waste
22 gas emission that complies with 15A NCAC 02D and a waste residue containing little or no
23 combustible fna4er-ial. material; but is not open burning.
24 (L4)[(2-S)] "Incinerator" means a device designed to dispose of solid, semi -solid, or gaseous combustible
25 wastes by incineration.
26 25 [(26)](2&) "Industrial process waste" Preeess Waste" means any solid, semi -solid, or liquid waste
27 generated by a manufacturing or processing plant •eh that is a result of the manufacturing or
28 processing process. This definition does not include packaging materials associated with such
29 activities.
30 2266)[(2-7)] "Industrial solid waste" means the term as defined in G.S. 130A-290(a)(13b). Such waste may
31 include waste resulting from electric power generation, water treatment, and manufacturing
32 processes for the following_
33 (a) fertilizer/agricultural chemicals;
34 (b) food and related products or byproducts;
35 (c) inorganic chemicals;
36 (d) iron and steel;
37 (e) leather and leather products;
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I (f) nonferrous metals or foundries;
2 (a) organic chemicals;
3 (h) plastics and resins;
4 (i) pulp and paper;
5 (i) rubber and miscellaneous plastic products;
6 (k) stone, glass, clay, and concrete products;
7 (1) textiles; and
8 (m) transportation equipment.
9 This term does not include mining waste or oil and ,gas waste.
10 27 [(284](24-) "Industrial solid waste landfill" Solid Waste Landfill" " and "ISWLF" Means mean a sanitary
l l landfill unit established in accordance with Rules .0503 through .0505 of this Subchapter for the
12 disposal of industrial solid waste, or for the exclusive disposal of scrap tires also known as a tire
13 monofill. " as defined in Rem (11) of Rule
14 .1602 of this Subehapter-, and is not a The term land applieation unit, stirfaee impoundment, inj eetion
15 well,or- ante pile s defined ,,,der 40 CFR Part 257
16 (28#29)] "Inert debris waste" means inert debris that consists solely of asphalt, cured concrete, brick,
17 concrete block, gravel, and rock. Inert debris waste shall not contain chemical adhesives or sealants,
18 or lead -based paint.
19 29 [(39)] "In -vessel composting" or "within -vessel" means the process in which decomposing organic
20 material is enclosed in a drum, silo, bin tunnel, or other container for the purpose of producing
21 compost under aerobic conditions.
22 (30)[(34)](22) "Land clearing and inert debris landfill" or "LCIDLF" means mean a landfill unit
23 established in accordance with Rules .0563 through .0567 of this Subchapter for the disposal off
24 waste and inert debris waste. ,
25 ,
26 31 [(32)]R34 "Land clearing waste" means land -clearing debris that consists solely of sell waste ,,.,,:^'
27 is generated solely fr-af , 4ad ell -ing ,.e fiv:ties sue stumps, trees, limbs, brush, grass, and other
28 naturally occurring vegetative material.
29 32 [(33)] "Landfill gas" means a gas or mixture of gases generated by the decomposition of solid waste
30 in a landfill.
31 "
32 .
33 33 [(34)] "Licensed geologist" means the term as defined in G.S. 89E.
34 34 [(3-5)] "Licensed professional engineer" means "professional engineer" as defined in G.S. 89C.
35 35 [(36)] "Licensed professional land surveyor" means "professional land surveyor" as defined in G.S.
36 89C.
37 36 [(3-7)] "Licensed soil scientist" means the term as defined in G.S. 89F.
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I (37)[(38)](215) "Lower explosive limit" means the lowest percent by volume of a mixture of explosive
2 gases that whie will propagate a flame in air at 25 degrees Celsius and atmospheric pressure.
3 38 [(39)](2-6) "Microbiological wastes" waste" means ^cultures and stocks of etiologic
4 agents. The term includes cultures of specimens from medical, pathological, pharmaceutical,
5 research, commercial, and industrial laboratories.
6 (39)[(40)](2-7) "Mulch" means a material generated from the chipping or 'grinding of naturally occurring
7 wood waste such as tree stumps, limbs, and branches. Mulch shall not contain material generated
8 from engineered, treated, or manufactured wood waste such as creosote telephone poles or railroad
9 ties; [ ;] laminated wood includingfloring-,painted, stained, or oiled wood;
10 plywood; or composite boards such as particle board, medium -density fiberboard (MDF, , oriented
l l strand board (OSB), or similar products manufactured by binding or fixing the strands, particles,
12 fibers, [veers] veneers, or boards of wood together to form a composite material. Mulch may
13 contain material generated from the chipping or grinding of wooden pallets or skids only if the wood
14 used in their construction is naturally occurring and has not been engineered, treated, or
15 manufactured.
lb no plan4 food has been added and for- which no plant food is elaimed. Nfuleh is generally plaeed
17 afotmd plan4s to prevefft etion, evaporation of moisture, freezing of roots, and weed
18 growth..
19 40 [(4l4] "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 41 [(42-)](28.) "One hundred fleaa" "One -hundred -year flood", "100-year flood", or "base flood"
22 means "base flood" as defined in G.S. 143-215.52. means ^ flood that has ^ en4 ^r'^^^
23 ehanee of y year- er- a flood ef a magnitude equaled er- e*eeeded eftee in 100 years e
24 .
25 42 [(43)](29) "Open burning" means the term as defined in 15A NCAC 02D .1902.an f.ro v rei the
26 pr-e"ets of eombustion afe emitted direedy into the etAdeer- atmosphere a -ad are not directed thereto
28 43 [(44)](3 } 'Pathogens" means organisms that are capable of producing infection or diseases, often
29 found in waste materials.
30 4444)[(43)]" 'Pathological wastes" waste" means and the following wastes that are removed
31 during surgery and autopsies: human tissues, organs, body parts, secretions and excretions, and
32 blood and body #GIs fluids. that are oa a,, ing s,,.., ery and atttepsie , a It also includes the
33 carcasses and body parts of albanimals that were have been exposed to pathogens [that ^f^ inf ^.:..^
34 to h.imans a..,.:rg] in 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 t.^..^ filissible to h,.m ]
36 disease.
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l (32) VtAfeseible" fneans solid waste eapable ef being deeempesed by fnier-eer-ganisms with stiffi
2 .
3 45 [(46)] "Putrescible waste" and "putrescent"["PtAfes^e"`" m ea -as] mean solid waste that is capable of
4 or is generating odors and eases from the process of decomposition by microorganisms. Putrescible
5 waste or solid waste that may become putrescent may include medical waste, kitchen and food
6 waste, offal, and carcasses.
7 (33) "Radieaetive waste material" means an), waste eontaining radieaetive material as defined in
9 (46)[(4 )]04) "Regulated Nledieal Waste medical waste" means blood and body fluids in individual
10 containers in volumes greater than 20 milliliters, rnl-, microbiological waste, and pathological waste
l l that have not been treated pursuant to Rule .'�.1204 of this Subchapter.
12 47 [(484](3-5) "Residues from Agr-ictrhura'Prets—and —eeess agricultural products and
13 processing" means solids, semi -solids semi -solids, or liquid residues from food and beverage
14 processing and handling, silviculture, agriculture, handling; silvieuk"agrietilt"e; and
15 aquaculture operations. operations The residues shall be thatere-non-toxic, non -hazardous, and shall
16 contain no domestic wastewater.
17 (48)[(49#3( "Respondent" means the person against whom an administrative penalty has been assessed.
18 "Runeff ' means the pei4ien of pfeeipitation that dr-ains from an area as sidrfiiee flow.
19 49 [("] "Sanitary landfill" means the term as defined in G.S. 130A-290(31). Landfills permitted in
20 accordance with Rules .0503 through .0505 and .0510; Rules .0531 through .0546; and Section
21 .1600 of this Subchapter are sanitary landfills. Land clearing and inert debris landfills are not
22 sanitM landfills.
23 [gr-etindwmer-«
24 during a year- with neffnal r-ainfall. S14GT- ma-y be detefmined in the field thfetigh iden4ifieatiea ef
25 r-edexifner-phie featufes ift the soil profile, meniter-ing of the wa4er- table elevation, or- fnedeling of
26 .]
27 50 [(3-](38 "Sediment" means the term as defined in G.S. 113A-52.
28 , that has been or- is being tFanspefted by water-, aif, gfavity, or- iee ftem its site
29 [Iaeatio of Ofigin.
30 51 [(33)] "Septa e management facility" means land, personnel, and equipment used in the management
31 of septage, including septage management firms as defined in G.S. 130A-290(a)(33), septage
32 detention and treatment facilities, and septage land application sites established in accordance with
33 Rules .0831 through .0846 of this Subchapter.
34 "
35 52 [04)](40) "Silt`ian" "Silt" means sediment resulting from accelerated erosion which that is settleable
36 or removable by control measures that are preper4y-designed, constructed, and maintained central
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I and whieh has been transported from its point of origin within the site land -disturbing
2 activity and whieh has been deposited, or is in suspension in water.
3 53 [(55-5](4 }) "Silviculture Waste" waste" means waste materials produced from the care and cultivation
4 of forest trees, including bark and woodchips.
5 54 [(*] "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of
6 a mixture of organic matter and of sand, silt, and clay minerals.
7 (42) "Soil GFeup 1" means soil group 1 as defined in 15A NCAC 13B .0907(a)(1)(A) of the Septa-ge
9 f( T)](43) "Seel Se enlist" [seiensist" fneanS [a person whe is a lieensed soil seientist as defined ift G.S.
10 one]
12 Agfenemy, Cfeps, and [Soils-,] Soils (ARCPACS) or- an individual that demenstfates [of a pefsen
13 with] equivalento 0 0 0er- oa, ati
14 55 [(38)](44) "Solid waste collector" means any person who collects or transports solid waste by
15 whatever- means, methods such as inel,,, ing but not limited to, highway, rail, and navigable
16 waterway.
17 C56)[ fS9#43) "Solid waste generator" means any person who produces solid waste.
18 57 [("](46) "Spoiled food" means any food whiek that has been removed from sale by the United States
19 Department of Agriculture, the N.C. Department of Agriculture and Consumer Services, Nertk
20 !'.,,-,.lin r epai.tment of A gr-ie,,1.,,fe Food and r,pa A ,lmini.,t fatio or any other regulatory agency
21 having jurisdiction in determining that food is unfit for consumption.
22 (58)[(647)] "Temporary debris storage and reduction site" means a site that complies with the requirements
23 of Rule .0208(b) of this Subchapter for the storage and processing of additional waste generated
24 from the following: [ to ster-e an
25
26 (a) an incident that caused a declaration of a state of emergency or disaster in accordance with
27 Chapter 166A, Article 1A, Part 4 of the General Statutes to assist with local and State
28 recovery and compliance with the Robert T. Stafford Disaster Relief and Emergency
29 Assistance Act, Public Law 93-288, as [amended. amended; or
30 [These sites may also be established to store or pr-ooess additional from a flaffal disaster
31 seeps] a hurricane, tornado, severe storm, ice storm, or a 100-year flood event. [evert,
32 even if ne deelar-a4ien of a sta4e ef emergency er- disaster- eeetffs. These sites shall be in
33 .]
34 "
36 59 [(62)](48) "Transfer ' station" means a permanent structure with mechanical equipment
37 established in accordance with Section .0400 of this Subchapter that is used for the colcvlleetionx
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1 collection, consolidation, or compaction of solid waste prior to the transportation of solid waste for
2 final disposal.
3 60 [(6-34](49) "Treatment and processing facility" means a facility established in accordance with Section
4 .0300 of this Subchapter for the treatment and processing of solid waste €er-prior to the
5 transportation of solid waste for final disposal or for utilization by reclaiming or recycling.
6 (61)[(64)](50) "Vector" means a [e-arrier] carrier, such as rodents, insects, and birds, [biF&j eaFier
7 shall„ an w*h epoa, that is capable of transmitting a pathogen from one organism to another.
8 (62)[(6-5)] "Vermicompost" means the product of the vermicomposting process that is a dark, fertile
9 mixture of decomposed organic waste, bedding material, and granular castings.
10 63 [(66)] "Vermicomposting" means the controlled and managed process by which live worms convert
l l organic materials into vermicompost.
12 64 [("] "Vermiculture" means raising of earthworms for the purpose of vermicomposting_
13 65 [(68)]" "Water supply watershed" means an area from which water drains to a point or
14 impoundment, and the water is then used as a source for a public water supply.
15 (66)[("](2) "Water table" means the term defined in 15A NCAC 02L .0102. [an'' "ground -water- table"
lb .
17 (67 [(70#-5-3j"Windrow" "Windrow composting" means a process for compost production in which
18 decomposingorganic materials are placed in piles and are turned or agitated to assure all parts of
19 the decomposing material meet the requirements of Section .1400 of this Subchapter for pathogen
20 reduction and vector attraction reduction. aa-g-eell-e-n-Med eempest pile ( ieally eight feet wide by
21 *o feet high)-.
22 (68)[(747)](54) "Working face" means that portion of the land solid waste disposal site where solid wastes
23 are discharged, spread, and compacted prior to the placement of cover material.
24 " means Solid waste r-estilting ftem 4ndseapiffg and yard maintenanee stich as biltsh-,
25
26 69 [(7-24](* "Yard ate" waste" means land -clearing waste and yard trash. "Yard Trash" aim
27 "
28 .
29
30 History Note: Authority G.S. 130A-294;
31 Eff April 1, 1982;
32 Amended Eff. August 1, 2008; October 1, 1995; January 4, 1993; December 1, 1991; February 1,
33 11991.1991:
34 Readopted E, f'. January 1, 2021.
35
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1 15A NCAC 13B .0102 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0102 APPLICABILITY
4 (a) The management of solid waste is subject to Chapter 130A [ ^ ..��t2] Article 1, Part 2, and Article 9 of the
5 General [ctaWte ; and shall be .,ubjeet ] Statutes, as well as the rules of this Subchapter.
6 (b) The rules of this Subchapter shall not apply to the management of hazardous waste, with the exception of Rule
7 .0103(h) of this Section. 15A NCAC 13A contains requirements for hazardous waste management.
8 Cc)[{l)] The rules of this Section are applicable to the general management of solid waste by all persons in the State
9 unless exempted by Article 9 of Chapter 130A of the General Statutes or the rules of this Subchapter.
10 These solid waste nia-aagement fules are for- gener-al apphea4ien thr-ettghau4 the StMe of NaAh Car-ohna tialess
11 otherwise speeifieally indiea4ed by their eanteiit. Rtiles figtmd in Seefien .0700 of this Subehapter apply to the
12 .
13 All ather- Fules of this Subehapter- apply to the Division's pr-egr-afn for- solid waste management but not to the Divisia
14 pFogr-am for- hazardous waste fnanagement. OtheF hazardous waste managefnent program rules are fiatmd in 1
15
16 in Arfiele 9 of Chapter- 130A of the North Carolina Gener-al Statutes.
17
18 History Note: Authority G.S. 130A-294;
19 Eff April 1, 1982;
20 Amended Eff. February 1, 1991; October 1, 4984-1984;
21 Readopted Ej.January 1, 2021.
22
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1 15A NCAC 13B .0103 is readopted with changes as published in 35:04 NCR 451 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 Rules. the rules of this Subchapter. The Division of Solid Waste
6 Managemen is responsible for the enforcement of * tithe 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 speeifieally 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. Rath ,.: ea n-ateetief r EHN-
11 (c) Solid waste shall be disposed of at a solid waste disposal site in accordance with Article 9 of Chapter 130A of the
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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). the Se1+6
ra VT s.e Management n i �a the
Division,Federal Aet. Hazardous waste, lead aeid battefies, liquid waste, ineludingused oil, regulated medieal waste, and any
other wastes that may pose a thfeat to the environment or the publie health, as detefmined by the
prohibited frem disposal at a solid waste disposal site.
(d) In addition to the requirements of G.S. 130A-309.10, hazardous waste, liquid [waster waste as defined in Rule
.0532 of this Subchapter, and regulated medical waste are prohibited from disposal at a solid waste disposal site. The
Division may prohibit a waste stream of a particular 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 narticular solid waste management facilitv. If the Division Drohibits
such a waste stream, the Division shall notify all affected facilities in writing and shall post a notice on the Division's
Solid Waste Section website at htips:Hdeq.nc.gov/about/divisions/waste-mana,gement/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 'Tr-eeedufe and Criteria for- Waste Petefminatien" whieh is used to detei:Faine
whether- a waste is:
._
.. '-
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1 .
2
3 Solid Waste Management Faeility is pefmWed to sefve if the eempenents of the waste
5 (P) Waste generated through a ehange in industfial pr-eeess by an existing generator-, provided
6 the eomponents of the waste eannot be readily determined ethefwise. (E) A load of waste whieh a sanitary landfill epeFateF suspects may eontain materials whieh
8
9 (F) Reqttests by a generator intefested in tfanspei4ing waste te an idefffified solid waste
10 .
11 .
12 (14) Other- wastes deemed appr-epr-ime by the Division for- testing before tfanspet4ing to a selid
13 waste management faeilit�,.
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(c) [4-43-
18 215.54] in accordance with the [] effective date of S.L. 2000-150, s. 5. [datesof S.L. 20-00 150.]
19 , 1991,
20 (g) Bhal., 1, ' 99 , a All solid waste management facilities owned and operated by or on behalf of a local
21 government , shall ifi4aI47have scales and
22 shall weigh all solid waste when it is received at the facility.
23 ,
24 selid waste r-eeyehag pr-egr-am w-hieh shall be designed te aehieve the geal of reeyeling a4 least 25 per-een4 of the
25
munieipal solid waste stfeam by jai+uai-y 1, 1993, prior- to final disposal or- ineiner-a4ien a4 a salidwaste disposal faeili�,-
26 (i) After- januaFy 1, 1998, all aetive sanitafy landfills (&Eeept land elearing a -ad iaei4 debfis landfills) shall be equipped
27 , leaehate eelleefien systems and final eever- systems as fequifed in Seetions .0500 and .1600 of this
28 Sub
29 (h) When the Division assesses an administrative penalty for violations of Article 9 of Chapter 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(i) ("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 penally 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:
Authority G.S. 130A-294;
Eff. April 1, 1982;
Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September 1, 4990.1 990;
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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I 15A NCAC 13B .0104 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0104 SOLID WASTE STORAGE
4 (a) The owner or occupant of any property, unless a*eept thm exempted from the rules of this Subchapter in
5 accordance with G.S. 130A-294(b) as-spe-4--ed :n Rule .0103(e) of this e„i,,.haptor 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, arg bage GaFbagi-shall be stored in
either durable r„n4 resist «4 fust r-esistafA
8 � durable, rust -resistant, [�]� nonabsorbent, watertight, rodent proof, and ea4ly
9 cleanable containers with a close -fitting cover that is impervious to flies. ,
10 .
1 1 (c) Refuse shall be stored in durable containers that are consistent with the requirements of the unit of local
12 government. ,
13 n4ainors shall meet the ro 0 0«.s f r garbage age , ntai or.
14 (d) 14azar-detis waste shall be star-ed as pr-eser-ibed in the applieable state or federal ful
15 (e) All eontainefs for- the stoFage of solid waste shall be maintained in stieh a manneF as to pFevent the efeation of a
16 nuisanee or insanitary eonditions. Cen4ainer-s dia4 are broken or other -wise fail to meet this Rule shall be lzoplaced wit
17
aceeptable containers. Refuse too large or other -wise not seitable for storage in containers shall be stored in a nuisanee-
18 .
19 (f d) All solid waste shall be stored :« sueh ,. « ««or using safe and sanitarypractices 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-event the er-e ien of .. «,,;s.fiee
22 insanitary eenditions, or- a potential publie health hazard,
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24 History Note: Authority G.S. 130A-294;
25 Eff April 1, 1982;
26 Amended Eff. February 1, 49881988:
27 Readopted EffJanuary 1, 2021.
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I 15A NCAC 13B .0105 is readopted as published in 35:04 NCR 451 as follows:
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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 defined in G c 130n 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 aioperator of the vehicle or container shall adhere to the
12 following standards:
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(1)
All surfaces that come in contact with waste shall be smooth and non -absorbent.
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(2)
All drain holes and valves shall be closed, plugged, or sealed.
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(3)
The vehicle or container shall be equipped with seals, gaskets, or other devices pursuant to
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manufacturer specifications in order to prevent the escape of liquids. Such seals, gaskets, and other
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devices shall be maintained and replaced pursuant to manufacturer specifications.
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(4)
The vehicle or container body, waste holding area, and hopper, if so equipped, shall be free of holes,
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cracks, rusting, corrosion, or other evidence of damage or weakness that may allow the escape of
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solid, semi -solid, or liquid waste.
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(5)
The waste holding area, including the hopper and around the packer blade, if so equipped, shall be
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ekean clear of debris to prevent vectors or the accumulation of litter.
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(6)
The vehicle or container shall be loaded, transported, operated, and maintained to prevent the escape
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of solid, semi -solid, or liquid waste to the environment.
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(7)
The vehicle or container shall be serviced, repaired, and cleaned to maintain sanitar-y , to
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preserve the integrity of the door seal, to prevent the accumulation of mechanical fluids, dirt,
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leachate, and €rM waste particulates on the vehicle's exterior, and to prevent contamination of the
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environment by fluids.
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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, 49,9X1988;
33 Readopted E,('. January 1, 2021.
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15A NCAC 13B .0106 is readopted as published in 35:04 NCR 451 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 s tisf ,.ter., storage, eelleetio anddisposal 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 receive the waste. such waste in accordance with the rules of this
Subchapter.
History Note: Authority G.S. 130A-294;
Eff. January 1, 4�.�1985:
Readopted Ef•. January 1, 2021.
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1 15A NCAC 13B .0201 is readopted with changes as published in 35:04 NCR 451 as follows:
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3 15A NCAC 13B .0201 PERMIT REQUIRED
4 (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or
5 disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except
6 as provided in G.S. 130A-294(b).
7 (b) No person shall cause, suffer, allow, or permit the treatment, storage, eresessir�gprocessin , or disposal of
8 solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without
9 obtaining a permit for a solid waste management facility from the Division authorizing such
10 activity, except as provided in G.S. 130A-294(b).
11 (c) No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified
12 without a c extl}-valid permit issued by the Division for the specified type of disposal activity. It is the responsibility
13 of every owner or aad operator of a proposed solid waste management facility to apply for a permit for the facility.
14 The term 'owner" shall include record owners of the land where the facility is located or proposed to be located and
15 holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is
16 located or proposed to be located.
17 (d) The solid waste management facility permit, except for permits authorizing
18 [landfill s;} LCIDLFs, septa e�gement facilities, or compost facilities, shall have two parts, as follows:
19 (1) A permit approval to construct a solid waste management facility or portion of a facility shall be
20 issued by the Division after site and construction plans have been approved by the Division and it
21 has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A
22 and the applicable rules set forth in this Subchapter, and other applicable scat-, State, federal, and
23 local laws. An applicant shall not clear or grade land or commence construction for a solid waste
24 management facility or a portion thereof until a permit approval to construct has been issued.
25 (2) A permit approval to operate a solid waste management facility shall not be issued unless it has been
26 determined that the facility has been constructed in accordance with the construction plans, that any
27 pre -operation conditions of the permit to construct have been met, and that the permit has been
28 recorded, if applicable, in accordance with Rule 0204 of this Seeti .n. G.S. 130A-301.
29 (e) Land ^'^^ring and inert debFis F edit es [landfillLCIDLFs, septa eg management facilities, and compost facilities
30 may be issued a combined permit that includes approval to construct and operate the facility.
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33 LOW All solid waste management facilities shall be operated in conformity with as —the rules of this
34 Subchapter and shall utilize safe and sanitM practices for the preservation of the public health and welfare and the
35 environment by nreventina the izeneration of leachate. the attraction of vectors. the release of odors. and the release of
36 waste or leachate to the environment.
37 hazard.
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1 (g) Disposal area boundaries for landfills permitted in accordance with Sections .0500 or .1600 of this Subchapter
2 shall be delineated with [perman] stationary markers affixed to fear} the ground. The markers shall be of fie}
3 height and spacing so that they are distinguishable from the surrounding landscape, and so that the adjacent markers
4 are visible when standing at a marker.
5 (h) The owner or operator shall notify the Department within 30 days of a significant change in accordance with G.S.
6 130A-295.2(jz). The owner or operator shall submit an application to amend a permit for a change in ownership or
7 corporate structure of a permitted solid waste management facility. If the facili , is required to establish financial
8 assurance pursuant to Section .1800 of this Subchapter, then the facility shall not be released from the requirement to
9 establish financial assurance until the Division has issued a permit to the new owner.
10 (i) Permits issued by the Division are subject to review by the Division to determine compliance with the rules of this
11 Subchapter. fl3iyisterr} The Division shall provide written notice to a facility no less than 180 days prior to an
12 unscheduled review.
13 (i) Solid waste management facilities permitted by the Division in accordance with this Subchapter are subject to
14 Article 1 Part 2 and Article 9 of Chapter 130A of the General Statutes, 15A NCAC 02C, 02L, 04, and the surface
15 water quality standards in 15A NCAC 02B. [Note this list is not comprehensive, and is provided for information only]
16
17 History Note: Authority G.S. 130A-294; &L. 2015 2866--4T
18 Eff. April 1, 1982;
19 Amended Eff. January 4, 1993; February 1, 1991; March 1, 1988;
20 Temporary Amendment Eff. May 19, 1993 to expire on October 9, 1993 or until the permanent rule
21 becomes effective, whichever is sooner;
22 Temporary Amendment Expired Eff. October 9, 1993;
23 Amended Eff. September 1, 2016; August 1, 2008.2008:
24 Readopted Ee ff. January 1, 2021.
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1 15A NCAC 13B .0202 is readopted with changes as published in 35:04 NCR 451 as follows:
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3 15A NCAC 13B .0202 PERMIT APPLICATION
4 (a) Applieatiep Applications for permits required by Rule .0201 of this Section shall be €eied submitted to the
5 Department of )✓twir-eftneet,Health tuFalReseerces, Environmental Quality, Division of Waste
6 Management, Solid Waste Section, Post O f flee Box 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, and is not under the purview
14 of another licensed professional such as a licensed professional land survey or. f8-9C—.] €xeeptfer
15 land elear-ing and ineft debFis landfills subjeet to Rule .0563(1) of this Subehapter. The plans shall
16 hear an nt of the registfation sea! of the engineer and geelegiea Geolo ig cal studies shall be
17 certified by bea the sea ^f a licensed professional geologist, in
18 if required by G.S. 89E, f and is not under the purview of another licensed profession such as
19 a licensed soil scientist in accordance with G.S. 89F;
20 (4) any additional permit application information required to be submitted by the rules of this
21 Subchapter based on the type of facility proposed by the applicant; and
22 f5j(4) Any other information that the Division may request in writing for the proposed €aeility.
23 facility. if it is necessary to determine compliance with the reauirements of this Subchapter.
24
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26 b)&o All applications for a permit approval to construct as set forth in Rule .0201(d)(1) of this Section shall also
27 include documentation necessary to determine compliance with G.S. 130A-295.2 and G.S. 130A-295.3. such as the
28 following:
29 (1) cost estimates for financial assurance if the facility is subject to Section .1800 of this Subchapter;
30 (2) documentation that the Division may request to determine compliance with the requirements for
31 financial qualifications in accordance with G.S. 130A-295.2(d), if any;
32 (3) the environmental compliance history for the applicant as defined in G.S. 130A-295.3(a); and
33 (4) if the applicant is a business entity, an organizational chart showing the structure of the applicant as
34 defined in G.S. 130A-295.3(a,)(i) through (iii).
35 (c)W All applications for a permit approval to operate as set forth in Rule .0201(d)(2) of this Section shall also
36 include documentation necessary to determine compliance with G.S. 130A-295.2 and G.S. 130A-295.3. such as the
37 following:
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(1) updated cost estimates for financial assurance if the facility is subject to Section .1800 of this
Subchapter;
(2) the executed financial assurance mechanism if the facili , is subject to Section .1800 of this
Subchapter;
(3) an updated environmental compliance history for the applicant as defined in G.S. 130A-295.3(a);
and
(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).
(d){{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, 47988-.1988;
Readopted Eff. January 1, 2021.
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1 15A NCAC 13B .0203 is readopted with changes as published in 35:04 NCR 451 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 the rules
5 of this Subchapter, these D„'os, the Solid ouste r,r,.r,.gement n e-t Article 9 of Chapter 130A of the General Statutes,
6 and the Federal Resource Conservation and Recovery Act of 1976, Public Law 94-580, Aet-,-as amended, will be met.
7 The Division shall review permit applications in accordance with the timelines established in G.S. 130A-295.8(e).
8 Based on its review, the Division shall either approve or deny the request in writing.
9 (b) When an application is approved, the applicant shall be provided a permit. If the approval is contingent upon
10 certain conditions being met by the applicant, such as a final construction inspection or obtaining a local government
11 franchise approval, such conditions shall be noted on the permit.
12 (c) Before receiving solid waste at a newly permitted facility, an inspection shall be made by a representative of the
13 Division to assure that the site is prepared in accordance with the permit, and the permit shall be recorded in accordance
14 with G.S. 130A-301.with the Register of Deeds in the eetmty where the f4eility is leeated in aeoer-danee with the
15 reeer-dation r-equiretnents set out in 15A �`rr�n.0284:
16 (d) By receiving solid waste at a permitted facility, the e(s) permittee shall be considered by the Department
17 to have accepted the conditions of the permit and shall comply with the conditions of the permit.
18 (e) When the Division denies a permit for a solid waste management facility, it shall state in writing the reason for
19 such denial and shall also state its estimate of the changes in the applicant's proposed activities or plans ,•� that
20 will be required for it o�the applicant ffray to obtain a permit. A denial shall be without prejudice to the
21 submission of a future application for a permit after revisions are made to meet objections specified as reasons for
22 denial. The Division shall denv a Dermit as set forth in G. S. 130A-294(a)(4)c. or for the following reasons: Reasons
23 f . denial ; , hide.
24 (1) Siibfnissi submission of incomplete information;
25 (2) lie failure to meet the requirements of this Subchapter; of
26 (3) lie failure to meet -a-requirement or standard set forth in Article 9 of Chapter
27 130A of the N.C. General Statutes; or
28 (4) Any y other- reasons ..,hiel siting design, construction, or operation plans that would prevent the solid
29 waste mana e,ntfacility or site from being operated [in ] in accordance with Article 9
30 of , Chapter 130A of the General Statutes, * the rules Ifequirementslaf this Subchapter,
31 the Federal Resource Conservation and Recovery Act of 1976, Public Law 94-580, fAet,}-as
32 amended, or anyapplicable standards and requirements of G.S. 89C, 89E, or 89F. [°°�89 ]Aet-
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34 (f) Appeals of permit decisions shall be in accordance with Article 3 of [} Chapter 150B of the General Statutes -
35 of N.G.G.S., Chapter- SOB, and the Mules rules adopted thereunder.
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1 (g) The Secretary jDivisierr} may suspend or revoke a permit in accordance with G.S. 130A-23. If the SecretarX
2 jisierr} revokes or suspends a permit, the Department f�} shall notify the owner or operator in writinof
3 the reasons for the permit action.
5 History Note: Authority G.S. 130A-294;
6 Eff. April 1, 1982;
7 Amended Eff. August 1, 2008; February 1, 1991; August 1, 1988; February 1, 49881988:
8 Readopted Eff.January 1, 2021.
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I 15A NCAC 13B .0204 is repealed through readoption as published in 35:04 NCR 451 as follows:
3 15A NCAC 13B .0204 RECORDATION OF LAND DISPOSAL PERMITS
5 History Note: Authority G.S. 130A-294;
6 Eff. April 1, M82-.1982:
7 Repealed Eff..7anualy 1, 2021.
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I 15A NCAC 1313.0207 is amended as published in 35:04 NCR 451 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 flew-epex�s�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 lone permit application for a new sanitary landfill for the life -of -site shall eentain design,
11 site develepmefA, and aper-atieiplans.Site development gems -shall state the duration of the life -of -site in the site
12 development or facility elan DreDared 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 specified in the f4eility plan
15 prepared ; aeeor-danee with Seed;, 0500 or. 1600 of this c4,.hapte,
16 (c) A sanitary landfill that has an existing permit issued by the Division as-e rip or to July 1, 2016 shall be approved
17 for a "r e-ef ,4t,-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; 4f af�i
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.4ife
23 of the
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 as
27 ean4ained stated in the site development or facility plan.
28 (e) A4fe-ef-4ne-permit application for a eew-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 tr s f f 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 €aeilit 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 ;.., hide a speei fle 4io a
35 the quan4ified life of site
36
37 History Note: Authority G.S. 130A-294; S-.L. 2015-286 s.,
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Eff.' March 16, 201-7-.2017;
Amended E,(f. January 1, 2021.
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15A NCAC 13B .0208 is adopted with changes as published in 35:04 NCR 451 as follows:
15A NCAC 13B .0208 PERMIT EXEMPTIONS
(a) A collection center shall not be required to obtain a permit from the Division for the construction or operation of
these facilities if the facility operations comply with Article 9 of Chapter 130A of the General Statutes, the rules of
this Subchapter, and the following conditions:
r------- I --- a ---- t __ �--- --n --- --------- -_ -- -I -.____.
W(2) Collection centers shall not receive solid waste generated from non-residential activities or by
commercial waste collection services. Facilities that receive such waste shall comply with the
requirements for transfer stations in accordance with Section .0400 of this Subchapter.
Q(3.r) Solid waste received at collection centers shall be stored in accordance with Rule .0104 of this
Subchapter. Garbage shall not be stored at the collection center for more than seven days between
the time of collection and the time of disposal at a solid waste management facility permitted in
accordance with the rules of this Subchapter to accept such waste. Refuse shall not be stored at the
collection center more than 90 days between the time of collection and the time of removal to a solid
waste management facility permitted in accordance with the rules of this Subchapter to accept such
waste.
(D(4) Source -separated recyclables such as paper, plastic, and electronics that would ean+wmn4}—be
collected by a local curbside recycling collection program but are instead being collected at the
collection center for the purpose of recycling are not subject to the requirements of Subparagraph
W(2) of this Paragraph, and shall be managed in accordance with G.S. 130A-309.05(c).
(4)(5) The following items shall not be accepted at collection centers for the purposes of disposal:
(A) construction, demolition, or industrial wastes from commercial or industrial sources;
(B) burning or smoldering waste;
(C) asbestos -containing materials, unless it is generated by an individual property owner and
is packaged and handled to prevent the material from being friable;
(D) radioactive waste;
(E) hazardous waste;
(F) regulated medical waste;
(G) animal carcasses;
(H) liquid waste waste, unless it is in containers similar in size to containers found in household
waste; and
(I) items banned from landfill disposal pursuant to G.S. 130A-309.10.
Owners and operators of collection centers shall allow the Division to enter the collection center
property to inspect any facilities, equipment, practices, or operations to determine compliance with
Article 9 of Chapter 130A of the General Statutes or the rules of this Subchapter.
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1 This Rule does not exempt collection centers and their operations from anv other applicable local. State. or federal
2 permittingand nd operational requirements, if such requirements exist.
3 (b) A temporary debris storage and reduction site (site) shall not be required to obtain a permit from the Division for
4 the temporary operation of these sites for solid waste management after a disaster event if the operations comply with
5 Article 9 of Chapter 130A of the General Statutes, the rules of this Subchapter, and the following conditions:
6 (1) A site shall accept only waste generated by a disaster event for stora,lZe, segregation, processing and
7 reduction. A site shall not be used for solid waste management at any time other than following a
8 disaster event. For the purposes of this Rule, "disaster event" means one of the following
9 (A) a natural or man-made event that causes a declaration of a state of emergency or disaster
10 in accordance with Chapter 166A, Article 1A, Part 4 of the General Statutes; or
11 (B) a hurricane, tornado, severe storm, ice storm, or a 100-year flood event.
12 Q(4) The landowner or operator of the site shall submit notification of the proposed site to the Division
13 on a site evaluation €4fa form, which may be found on the Division's website at
14 https://deg.nc.gov/about/divisions/waste-management/waste-mana e�pennit-guidance/solid-
15 waste-section/disaster-debris, that shall include the following:
16 (A) site name, address, city, county, parcel identification number, and latitude and longitude in
17 decimal degrees, driving directions to the site, and acreage of the site;
18 ,
19 a(G) primary operator contact name, telephone number, and e-mail a address, and anv
20 business name;
21(B) local government contact name, telephone number, and e-mail address;
22 (M(E) landowner name, mailing address, telephone number, and e-mail address;
23 (E_)(F) waste types proposed to be accepted;
24 (D(G) proposed site operations and procedures for waste acceptance, handling, reduction, and
25 removal;
26 LQ)(44) proposed destination of waste or materials removed from the site; and
27 (M(4) an aerial photograph indicating the proposed waste handling areas at the site and the buffer
28 areas required in accordance with this Rule.
29 [Note: the site e ..,i,,atio,, f may be F ,,,,d on the Division's . ,ebsite att
30
32 0(2) Unless a site is located at a solid waste management facility that has been permitted by the Division
33 in accordance with the rules of this Subchapter, or that has submitted notification to the Division in
34 accordance with Rule .1402(g)(1)(A) of this Subchapter, sites shall be owned or operated by one of
35 the following:
36 (A) a county government as defined in G.S. 153A-10;
37 (B) a city government as defined in G.S. 160A-1;
2of6

I
(C)
a State or federal agency or institution;
2
(D)
a State or federally -recognized Indian tribe; or
3
(E)
a third -party entity under contract with one of the entities in Parts (A) through (D) of this
4
Subparagraph with authorization of the landowner.
5
(41(3r) A site
shall meet the following siting requirements for the acceptance, storage, and processing of
6
yard waste and demolition debris:
7
(A)
Waste storage, processing, and handling areas shall be located no less than 100 feet from
8
property boundaries, on -site structures, residences, private or public wells, septic tank
9
systems, and surface waters.
10
(B)
Waste storage, processing, and handling areas for demolition debris shall be located no less
11
than 250 feet from potable wells.
12
(C)
Grinding or chipping of waste shall not occur within eper- *iens shall be 1..ea4e,7 no less
13
r300 feet of a €gem residence or apA business property or pFepe publicly owned
14
roads ax&or properties, unless the Division states a reduced buffer in the conditional
15
approval letter because the type of grinding equipment or procedures proposed to be
16
utilized will reduce the impacted area.
17
(D)
A site shall not be located in wetlands as delineated by the U.S. Fish and Wildlife Service
18
(FWS) National Wetlands Inventory Wetlands Mapper, which can be accessed from the
19
U.S. FWS website at https://www.fws.gov/wetlands/index.html.
20
(E)
A site shall not be located in the floodway as defined in 44 CFR 9.4, which is incorporated
21
br[Fefefeftee] reference, includingsubsequent ubsequent amendments and editions, and can be
22
accessed free of charge at https://www.ecfr.gov.
23
(F)
A site shall not be located in the 100-year floodplain as delineated by the NC Flood Risk
24
Information System (FRIS) unless exempted from this requirement by the Division in the
25
letter of conditional site approval. When making the determination to exempt a site, the
26
Division shall consider the availability of other potential locations €ef-a that are not in the
27
100-year floodplain, the need for additional sites following a disaster event,
28
or disaster, the amount and types of waste proposed to be stored at the site, and the
29
proposed waste handling activities at the site. The NC FRIS mapping tool can be accessed
30
from the NC Floodplain Mapping Program website at https:Hfris.nc.gov/fris/?ST=NC.
31
(G)
A site shall not damage or destroy a property of archaeological or historical significance
32
that has been listed on the National Register of Historic Places or included on the Study
33
List for the Register pursuant to 07 NCAC 04R .0206 and .0300, which are incorporated
34
by reference including subsequent amendments. amendmei#s and editions. The Division
35
or the site operator shall obtain a site -specific survey from the State's Historic Preservation
36
Office (SHPO) in the Department of Natural and Cultural Resources, and the Division shall
3 of 6

I include the site -specific survey response on SHPO letterhead with the letter of site pre-
2 approval obtained in accordance with Subparagraph (8) of this Paragraph.
3 (H) The location, access, size, and operation of the site shall not have an adverse impact on any
4 component included in the State Nature and Historic Preserve pursuant to G.S. 143-260.10.
5 The Division or the site operator shall obtain a site -specific survey from the Natural
6 Heritage Program (NHP) in the Department of Natural and Cultural Resources, and the
7 Division shall include the site -specific survey response on NHP letterhead with the letter
8 of site pre -approval obtained in accordance with Subparagraph (8) of this Paragraph.
9 (I) A site shall not jeopardize the continued existence of endangered or threatened species or
10 result in the destruction or adverse modification of a critical habitat protected under the
11 Federal Endangered Species Act of 1973, Public Law 93-205, as amended. The Division
12 or the site operator shall obtain a site -specific survey from the Natural Heritage Program
13 (NHP) in the Department of Natural and Cultural Resources, and the Division shall include
14 the site -specific survey response on NHP letterhead with the letter of site pre -approval
15 obtained in accordance with Subparagraph (8) of this Paragraph.
16 (J) The site shall comply with 15A NCAC 04 for sedimentation and erosion control. 15A
17 NCAC 04 is incorporated by reference including subsequent amendments. amendmen4s
18 eneditions.
19 The Division may amend the buffer requirements of Parts (A) through (C) of this Subparagraph if
20 it is necessary for the preservation of the public health and the environment, or if additional waste
21 handling areas are necessary to expedite recovery from a disaster event. If the
22 Division amends the buffer requirements, the Division shall notify the site owner or operator by
23 email.
24 ,and
25 Feduetieft. A site sha4l net be used for- solid waste management at any time other- than fellewing -a
26 " means ene of the folio i _
27
29 (B) a'", ieane,tornado, severstorm, iestorm oF a 100 year flood event.
30 (5) A site shall not accept any waste other than yard waste and demolition debris, except that it may
31 accept household hazardous waste, white goods, or electronics under the following conditions:
32 (A) the solid waste management facility that accepted the household hazardous waste, white
33 goods, or electronics prior to the disaster event is not able to accept these wastes after the
34 disaster event;
35 (B) the site operator shall submit to the Division a plan for the handling and removal of
36 household hazardous waste, white goods, and electronics in writing prior to accepting these
37 wastes after a disaster event;
4of6

I
(C) the household hazardous waste, white goods, and electronics shall be stored in containers
2
that comply with Rules .0104 and .0105 of this Subchapter; and
3
(D) the household hazardous waste, white goods, and electronics shall be removed from the
4
site within 30 days of receipt and managed in accordance with Article 9 of Chapter 130A
5
of the General Statutes general sta4 tee and the rules of this Subchapter.
6
(6)
A site shall comply with any local, State, and federal siting, permitting, and operational laws, rules,
7
and ordinances, and with the requirements of the Federal Emergency Management Act.
8
(7)
The open burning of solid waste is prohibited at a site unless approved by the Division of Air Quality
9
or an EPA -delegated local air program prior to burning after a disaster event. The site shall comply
10
with 15A NCAC 02D, and any additional siting buffers that may apply to burning activities. Ash
l l
generated by the burning of solid waste at a site shall be handled in the same manner as ash generated
12
by a solid waste management facility in accordance with G.S. 130A-309.05(b).
13
(8)
The site operator shall obtain a letter of site pre -approval from the Division stating that the Division
14
has determined that the site meets the conditions of Subparagraphs (1) through (6) of this Paragraph,
15
and providing the site identification number designated by the Division. The Division may provide
16
additional conditions for site use in the letter of site pre -approval if it is necessary to comply with
17
the requirements of this Subchapter, or to assist with local and State recovery and compliance with
18
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
19
amended. The Di-,,isien may revoke the iet4er- of site pre appr-e-,,al if the site He longer- eewlies with-
20
the ,-o 0 or4s of this R*Ae
21
(9)
The site operator shall notify the Division verbally or in writing that the site is accepting waste
22
within 14 days of initial acceptance of waste after a disaster event.
23
(10)
All solid waste shall be removed from the site for disposal, recycling, or reuse within 180 days of
24
initial waste acceptance after a disaster event, , unless the owner or operator
25
submits a written request for bests an extension of time for waste removal, ,
26
and the Division grants the extension in writing. In making the determination to grant the extension,
27
the Division shall consider factors such as: as
28
(A) the type of emeFgeney or disaster- and disaster event;
29
(B) the effects on the part of the State in which the disaster event occurred; '
30
(C) the amount and types of waste stored at the site; sfte;
31
(D) the efforts taken by the owner or operator to remove the waste;
32
(E) the compliance history of the owner or operator; and
33
(F) any extenuating circumstances that have caused the delay provided by the owner or
34
operator in the request.
35
(11)
Yard waste that has been reduced or processed, such as chipped wood or mulch, and removed from
36
a site is not subject to regulation as a solid waste or the requirements of this Subchapter if it is
5 of 6

I managed as a recovered material in accordance with G.S. 130A-309.05(c) by the person receiving
2 the material.
3 (12) Within 30 days of the removal of all solid waste, the site shall be graded to prevent ponding of
4 surface water, and vegetative groundcover shall be established.
6 History Note: Authority G.S. 130A-294;
7 Eff. January 1, 2021.
6of6

1 15A NCAC 1313.0301 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3
SECTION .0300 — TREATMENT AND SOLID WAST&PROCESSING FACILITIES
4
5
15A NCAC 13B .0301 SITING AND APPLICATION REQUIREMENTS
6
This Rule
the information foF for treatment facili"
een4ains
required a permit applieation eaeh and pr-eeessing
7
minimum of
three sets of the following infemation shall be Fequired in eaeh appheation:
8
(a) A treatment and processingfacility acility (site) shall meet the following siting requirements:
9
(1)
Floodplain Restrictions: Any portions of the site property where storage or processing of solid waste
10
occurs shall not be located in the 100-year floodplain.
11
(2)
Cultural Resources Restrictions: A site shall not damage or destroy a property of archaeological or
12
historical significance that has been listed on the National Register of Historic Places or included
13
on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300, which are incorporated
14
by reference includingsubsequent amendments. [ nwmd wmts-�`'^^^.]
15
(3)
State Nature and Historic Preserve Restrictions: The location, access, size, and operation of the site
16
shall not have an adverse impact on any component included in the State Nature and Historic
17
Preserve pursuant to G.S. 143-260.10.
18
(4)
Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
19
of endangered or threatened species or result in the destruction or adverse modification of a critical
20
habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
21
amended.
22
(5)
Clean Water Act Requirements: [ ] A site or its} site operations shall:
23
(A) not cause a discharge of pollutants into waters of the United States, including wetlands,
24
that violates any requirements of the Clean Water Act, including the National Pollutant
25
Discharge Elimination System(NPDES) requirements pursuant to Section 402 of the Clean
26 Water Act, [Aet-.1
27 (B) comply with Section 404 of the Clean Water Act; and [Aet-.1
28 (C) not cause the discharge of a nonpoint source of pollution to waters of the United States,
29 including wetlands, that violates any requirement of an area -wide or Statewide water
30 guality management plan that has been approved under Section 208 or 319 of the Clean
31 Water Act.
32 (6) Buffer Requirements: Unless otherwise stated in the site permit or local zoning requires larger
33 buffers, the waste handling, treatment, processing, and storage areas shall be:
34 (A) no less than 100 feet from supply wells;
35 (B) no less than 100 feet from property lines;
36 (C) no less than 50 feet from waters of the State as defined in G.S. 143-212, or wetlands as
37 defined in 40 CFR 232.2; and
1 of 4

1 (D) surrounded by an unused and cleared area of no less than 25 feet to allow access for fire or
2 emergency response vehicles.
3 (b) A permit applicant shall submit to the Division one electronic copy of a permit application, [and the applie-*
4 which shall contain the plans described in Para ray nhs (c) and (d) of this Rule.
5 (c) Site Plan. An application for a permit for a site shall contain a site plan that includes the following information:
6 (1) an aerial photograph, representative of existing conditions, at a scale of F4at least one inch equals
7 400 feet, showing the area within one quarter mile of the proposed site's boundaries with the
8 following identified:
9 (A) property lines of the entire property where the site will be located;
10 (B) waste treatment, processing, and storage areas;
11 (C) buffer areas and distances to wells, residences, wetlands and water bodies, and descriptions
12 of any buffer requirements b. local ocal government zoning regulations;
13 (D) existing land use and zoning;
14 (E) location of all private residences, commercial and industrial buildings,public or private
15 utilities, roads, and schools;
16 (F) on -site easements;
17 (G) location of potable wells and public water supplies;
18 (H) historic sites described in Subparagraph (a)(2) of this Rule;
19 (1) State [state] nature and historic preserves described in Subpara aanh (a)(3) of this Rule;
20 (J) the existing topography and features of the site including general surface water drainage
21 patterns and watersheds, 100-year floodplains, perennial and intermittent streams, rivers,
22 and lakes; and
23 (K) the classification of the surface water drainage from the site in accordance with 15A NCAC
24 02B .0300;
25 (2) a letter from the unit of government having zoning oning jurisdiction over the site that states that the
26 proposed use is allowed within [tke} any existing [ , ' ;] zoning and that any necessary
27 zoning approval or permit has been obtained, and that states the local zoning buffers that apply to
28 the site; and
29 (3) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
30 Department of [r"'�] Natural and Cultural Resources stating whether the proposed use of
31 the se
32 nature and historic preserves described in Subparagraph (a)(3) of this Rule; or the endangered
33 threatened species described in Subpara rg anh (a)(4) of this Rule located at the site.
34 (d) Operations Plan. An application for a permit for a site shall contain an operations plan that shall include [a
35 dise..ssion of eaeh of the following items:] the following information:
36 (1) the type and quantity of wastes that will be accepted, the anticipated sources of the waste accepted,
37 and the intended destination of recyclables and waste removed from the site;
2 of 4

1
(2)
the procedures for receiving, screening, processing, handling, salvaging, storage, treating, and
2
removal of waste and recovered materials, including the anticipated processing, treatment, and
3
storage times,
4
(3)
procedures for handling recyclables, wastes banned from landfill disposal in accordance with G.S.
5
130A-309.10(f), and special wastes as defined in G.S. 130A-290(a)(40)-,
6
(4)
the solid waste treatment, processing, and storage areas, and the buffer areas required by
7
Subpara rg aph (a)(6) of this Rule;
8
(5)
the hours of operation, staffing, parking for visitors and employees, and traffic routing;
9
(6)
methods for vector control, dust and odor control, drainage and erosion control, fire prevention, and
10
daily cleanup;
11
(7)
record keeping procedures;
12
(8)
a description of how the site will comply Lplangea eem„lia*ee] with the operational and closure
13
requirements of Rule .0302 of this Section;
14
(9)
for sites that will accept, process, or recycle construction and demolition wastes, a description of
15
how the site will comply with 40 CFR 61, Subpart M and [Part 61(M ),] G.S. 130A-444 through 452;
16
[452 and the rules adopted there,, der-•]
17
(10)
a contingency_ plan that shall address planned operations in the event of loss of power, loss of
18
communications, storm surges, scale malfunctions, and scale software malfunctions; in the event
19
that the disposal site, haul route, or transfer equipment is not available; or during conditions
20
exceeding design parameters. The owner or operator of the site shall provide back-up equipment,
21
[and] contact information to obtain the equipment, and plans to by-pass the site in case of equipment
22
breakdown. The contingency plan shall be kept updated on -site and shall include site -specific [site
23
specie] emergency procedures and contact information in case of emergencies;
24
(11)
additional information for activities or features that the owner or operator is proposing [
25
propose] that are not otherwise described in this Paragraph, or that the Division may request in
26
writing if it is necessary to determine compliance with the rules of this Subchapter;
27
(12)
in addition to the information required in this Paragraph, sites that are proposing to accept scrap
28
tires shall also include the information required by Rule .1106(d) of this Subchapter in the operations
29
plan, if it is not already required to be submitted by this Rule; and
30
(13)
in addition to the information required in this Paragraph, sites that are proposing to accept medical
31
waste shall also include the information required by Rule .1204(b)(4) of this Subchapter in the
32
operations plan, if it is not already required to be submitted by this Rule.
33
(e) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
34
(fl Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
35
the permit [when
the po:m:t is issued by the Divisie ] and the site shall comply with the permit in accordance with
36 Rule .0203(d) of this Subchapter.
3 of 4

1 (g) Permits issued by the Division for treatment and processing facilities [tee} shall be valid for five years; and [ae}
2 shall be subject to 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 ermit , ., *' " r,:.,:.;"r aeeeFdamee *' n "ra„' (f' of *'„�"] by submitting [the] a written request to the
5 [Division,inelu ingj Division that includes the modified plan and a demonstration showing how the proposed
6 modifications comply with the rules of this Section. The Division shall respond to the request in writing within the
7 timeline provided in G.S. 130A-295.8(e); [' 30 ^ 295.8(e)-li and the response shall either approve or deny the request
8 as submitted or request that additional information be submitted for the Division to consider the request. The
9 Division's approval shall be based on whether the modification complies with the rules of this Subchapter. If the
10 Division approves the request as submitted or upon receiving the additional information requested, the Division's
11 written approval and the revised pages of the plan shall be added to the [sites) site's operating record. The owner or
12 operator shall not implement the modification until the Division has issued 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 O 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 permitted operational
17 boundary of the site [feetpr-iet] existing on the readopted effective date of this Rule, or any
18 replacements or modifications within that existing permitted operational boundaa, lfeetpr-int;] and
19 (2) if a building, structure, or waste handling area was constructed prior to the readopted effective date
20 of this Rule, and is expanded beyond fits] the existing permitted operational boundaM[feetprint]
21 after the readopted effective date of this Rule, the permitted operational boundM [feetprint] that
22 was existing on the readopted effective date of this Rule shall not be required to comply with
23 Paragraph (a) of this Rule, but the expansion areas shall comply with these requirements.
24 (i) Site buildings, structures, and waste handling areas that are exempt from the requirements of Paragraph (a) of this
25 Rule shall continue to comply with Mel any siting and buffer requirements stated in their permit issued prior to the
26 readoption date of this Rule. [D+�'� a*
27 0) Site andeperatien plans
28 (2) An approval lettef ffem the unit of leeal govemment having zening authority ever- the afeaA4er-e
29 the faeflity is to be leeated, stating that the proposed f4eility meets all of the requir-efnents of
30 leeal zoning or -di ,aneeor- that the site ; of zoned; -
31
32
33 History Note: Authority G.S. 130A-294;
34 Eff. April 1, 1982;
35 Amended Eff. February 1, 4994-.1991:
36 Readopted Eff.' January 1, 2021.
37
4of4

1 15A NCAC 13B .0302 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0302 OPERATIONAL AND CLOSURE REQUIREMENTS
4 a [solid ante] 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: practices tmies^
7 other -wise speeified in the permit:
8 0) Oper-ational plans shall be appFoved and followed as specified for the faeility;
9 W(2) A a fiw4hty site shall only accept wastes that "ielh it is permitted to receive;
10 (Q(3) `ate- that eefues in eantaet • ith solid waste will leachate shall be contained on -site or pier-!
11 treated prior to discharge from the site. A NPDES 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 JD(4) €quipme equipment for fire control shall be available;
15 J41(5) Effeetiv vector control measures shall be applied to control flies, rodents, and other insects or
16
vermin;
17
(5)(6)
Eqttipmefit shall be provided in the ster-age and ehar-ging areas and elsewhere as needed or- as ma-y
18
, the owner or operator shall
19
provide aa)q equipment to operate and that is neeess ] maintain the site using safe and sanitarX
20
practices for the preservation of the public health and welfare and the environment by preventing
21
the generation of leachate, the attraction of vectors, the release of odors, and the release of waste or
22
leachate to the 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&­the-af � 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 02D, 02L, and the surface water quality standards in 15A NCAC
32
02B, [ ] as well as 15A NCAC 04; [
33
;]
34
(10)
the owner or operator shall submit to the Division upon request any information or records required
35
to be kept under the conditions of the permit or the rules of this Section; and
36
(11)
the owner or operator shall only conduct the solid waste management activities that the site is
37
permitted to conduct.
1 of 2

I (b) When a site ceases the acceptance of waste, closure of the site shall comply with the following requirements:
2 (1)
The owner or operator shall remove all waste from the site property and dispose of it at a facility
3
permitted by the Division to receive such waste no less than 120 days after the date the site ceased
4
the acceptance of waste.
5 (2)
The owner or operator shall comply with the closure requirements specified in the permit issued by
6
the Division.
7 O
For a site that accepts medical waste, the owner or operator shall also meet the requirements of
8
Section .1200 of this Subchapter.
9 (4)
The owner or operator shall notify the Division in writing that the site has been closed in accordance
10
with this Rule.
11 (5)
The Division shall conduct an inspection to determine compliance with Subparagr' apphs (1) through
12
(3) of this Para rg aph.
13 (6)
When a site has been closed in accordance with this Paragraph, the permit is terminated, and any
14
future solid waste management at the site shall require a new permit.
15
16 History Note:
Authority G.S. 130A-294;
17
Eff.' April 1, "8-2-.1982:
18
Readopted E,('. January 1, 2021.
19
2 of 2

1 15A NCAC 1313.0401 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 SECTION .0400 - TRANSFER STATIONS DIES
4
5 15A NCAC 13B .0401 APPLICATION REQUIREMENTS PURPOSE AND APPLICABILITY
6
7 sets ft e following information shall be ro r-e ; o..eh .,i;,.ation
8 ;
9 (2) An appr-eval letter from the tmit ef leeal gevefFment having i�ening auther-ity ever the area where
10 the f4eility is to be leea4ed, stating thM the proposed f4eility meets all the fequir-ements of the !a
11 ; an
12 (3)Any etherinfaftnation pettifient to^the proposed f4ei-1
13 (a) Owners or operators of transfer stations shall comply with applicable federal, State, and local laws, rules,
14 regulations, and ordinances, and shall comply with the rules of this Section as follows:
15 (1) Transfer stations that did not receive a permit to operate from the Division prior to the readopted
16 effective date of this Rule shall comply with the rules of this Section.
17 (2) Transfer stations that received a permit to operate from the Division prior to the readopted effective
18 date of this Rule shall comply with the rules of this Section with the following exceptions:
19 (A) buildings, structures, and waste handling areas constructed prior to the readopted effective
20 date of this Rule shall not be required to comply with Rule .0403(a), (b)(1), or (b)(2) of
21 this Section for the permitted operational boundary of the transfer station [€eetpr-
22 existing on the readopted effective date of this Rule, or any replacements or modifications
23 within that existing permitted operational boundary; [feet ] and
24 (B) if a building, structure, or waste handling area was constructed prior to the readopted
25 effective date of this Rule, and is expanded beyond fits] the existing permitted operational
26 boundary of the transfer station [feet]after the readopted effective date of this Rule,
27 the permitted operational boundM [€eetprint] that was existing on the readopted effective
28 date of this Rule shall not be required to comply with Rule .0403(a), (b)(1), or (b)(2) of
29 this Section, but the expansion areas shall comply with these requirements.
30 Transfer station buildings, structures, and waste handling areas that are exempt from the
31 requirements of Rule .0403(a), (b)(1), and (b)(2) of this Section by this Subparagraph shall continue
32 to comply with the comparable siting, buffer, and construction requirements stated in their permit
33 issued prior to the ffeadeption] readopted effective date of this Rule.
34 (b) Transition period: Transfer stations that have an effective permit issued [petered] by the Division prior to the
35 readopted effective date of this Rule shall submit to the Division an assessment report demonstrating compliance with
36 the following conditions and the rules of this Section by no later than six months from the readopted effective date of
37 this Rule:
1 of 2

1 (1) The assessment report shall include an assessment of the status of the building, access roads,
2 parking, and leachate collection system of the current operations compared to the design of the site
3 as stated in the site permit, the plans incorporated into the permit by Rule .0404(d) of this Section,
4 and the rules of this Section. If required by G.S. 89C or G.S. 89E and not under the purview of
5 another licensed profession, the assessment report or parts thereof shall be prepared by a licensed
6 professional engineer or a licensed geologist.
7 (2) The assessment report shall contain recommendations for any actions necessary to comply with the
8 rules of this Section. The Division shall notify the owner or operator of the site in writing within 12
9 months of receipt of the report of fthe] any changes required to comply with the rules of this Section.
10 jam]
11 (3) The site shall complete the actions required to comply with the rules of this Section within three
12 years of receipt of the Division's notification of the required changes. The site may submit a request
13 to extend this deadline to the Division in writing. The request shall include the reasons for the request
14 and the anticipated date that the work will be completed. The Division shall approve an extension
15 of the deadline in writing if the Division determines that the scope of work needed to comply with
16 the rules of this Section cannot be completed in three years.
17 (c) Unless otherwise prohibited from accepting waste by local ordinance, transfer stations are not subject to service
18 area restrictions if the receiving disposal site permit includes the origin of waste as identified by franchise or local
19 government approval.
20 (d) Wastes entering the State via a transfer station are [deemed] out-of-state waste to the point of disposal, regardless
21 of any further processing, recycling, or other reduction activity_.
22 (e) The transportation of regulated medical waste shall not be subject to the rules of this Section, but shall comply
23 with Section .1200 of this Subchapter. Transfer stations that receive or transport solid waste by rail, roadway. or water
24 shall be subject to the rules of this Section.
25
26 History Note: Authority G.S. 130A-294;
27 Eff. April 1, 1982;
28 Amended Eff. February 1, 4994-.1991:
29 Readopted Eff'. Januaiy 1, 2021.
30
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1 15A NCAC 13B .0402 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0402 OPERATIONAL REQUIREMENTS GENERAL REQUIREMENTS
4 A" per -soft who maintains or- epefates a transfer- f4eility shall maintain and eper-me the f4eility in eanfafmanee with
5 the following r ae fi es unless other -wise speeified i the ..o,mit
6 M Operational plans shall be approve and followed as specified for the f4eil
7 (2) A fae lity shall only aeeept those wastes w-hiehit is perfritte dto reeeiv
8 (3) Wa4er- tha4 eemes into eon4aet with solid waste will be eentained on site ot: pt:epedy tivated pFiet: to
9 thigh..- e from the site A.. NPDES « fmit may be required prior- to thigh rge to ,rF ee ....,tors•
10 (4) Event for -fire eentfel shall be available;
11
12 vemin;;
13 (6) EquipmefA shall be pfavided in the star -age and ehafging afeas and elsewhere as needed or- as may
14 be ro r-e „rdeF to maintain the F „ility i a sanitarye „a;ti,,,,..,.,,1
15 (7) Appropriate fnethed shall be pr-ovided to eonfine material siibjeet to be blown by the wind within
16 , all vvindbievffi fna4erial resulting from
17 r.,tie shall be eelleete l .,n r-etufned to the area 1.y the owner- er-epeFa4or-.
18 (a) The owner or operator of a transfer station (site) shall comply with the conditions of the permit issued by the
19 Division. In the event of noncompliance with the permit, the owner or operator shall [WEe all reasonable steps to
20 ] minimize the release of
21 waste, leachate, or contaminants to the environment, and shall prevent adverse impacts to human health or the
22 environment.
23 ( The owner or operator shall submit to the Division upon written request any information or records required to be
24 kept under the conditions of the permit or the rules of this Section.
25 (c) In an enforcement action, necessity to halt or reduce the permitted activity to maintain compliance with the
26 conditions of the permit shall not be a defense. Notification of anticipated noncompliance does not stagy existing
27 permit condition.
28 (d) The owner or operator may submit an application for a permit amendment or modification in accordance with
29 G.S. 130A-294(a3). The filing of an application for a permit modification or amendment, or a notification of a
30 significant change in accordance with G.S. 130A-295.2(g), does not stay any existing permit condition.
31 (e) The Division shall deny an application for a permit for the reasons provided in G.S. 130A-294(aa)(4)c. The Division
32 may suspend or revoke a permit in accordance with G.S. 130A-23. If the Division denies a permit application or
33 revokes or suspends a permit, the Division shall notify the owner or operator in writing of the reasons for the permit
34 action.
35 (1) If construction is not commenced within 18 months following the issuance date of the permit approval to construct,
36 or an amendment to the permit approval to construct, then the permit shall expire.
1 of 2

1 (g) The owner or operator shall operate and maintain all sites and related appurtenances that are installed or used by
2 the owner or operator to achieve compliance with the conditions of the permit, the plans incorporated in the permit in
3 accordance with Rule .0404(d) of this Section, and any documents referenced in the permit and the rules of this
4 Section.
5 (h) The site shall only conduct the solid waste management activities that the site is permitted to conduct. Construction
6 and operation of additional solid waste management activities at the site shall not impede site operations.
7 (i) Site permits issued by the Division in accordance with this Section shall be afel valid for the life -of -site operations
8 in accordance with Rule .0207 of this Subchapter, not to exceed 60 years from the date of the first permit issued for
9 the site.
10 (i) Sites permitted under the rules of this Section shall be subject to the permit fees set forth in G.S. 130A-295.8.
11 W The owner or operator shall report to the Division verbally or in writing within 24 hours from the time the owner
12 or operator becomes aware of the circumstances of any release or discharge of leachate or contaminants outside the
13 leachate collection system or other containment component at the site.
14
15 History Note: Authority G.S. 130A-294;
16 Eff April 1, "8-2, 1 882;
17 Readopted Eff. January 1, 2021.
18
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15A NCAC 13B .0403 is adopted with changes as published in 35:04 NCR 451 as follows:
15A NCAC 13B .0403 SITING AND DESIGN REQUIREMENTS
(a) A transfer station (site) shall meet the following siting requirements:
(1) Floodplain Restrictions: The portions of the site containing the buildings, leachate collection
systems, and any areas where storage or processing of solid waste occurs shall not be located in the
100-year floodplain.
(2) Cultural Resources Restrictions: A site shall not damage or destroy a property of archaeological or
historical significance that has been listed on the National Register of Historic Places or included
on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300..0300 ..,hie
ted by r-eferenee ineluding subsequent amendments and editions.
(3) State Nature and Historic Preserve Restrictions: The location, access, size, and operation of the site
shall not have an adverse impact on any component included in the State Nature and Historic
Preserve pursuant to G.S. 143-260.10.
(4) Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
of endangered or threatened species or result in the destruction or adverse modification of a critical
habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
amended.
(5) Clean Water Act Requirements: fr-equiremei#s: a] A site or site operations shall:
(A) not cause a discharge of pollutants into waters of the United States, including wetlands,
that violates any requirements of the Clean Water Act, including the National Pollutant
Discharge Elimination System (NPDES) requirements pursuant to Section 402 of the Clean
Water Act; Aet-.
(B) comply with Section 404 of the Clean Water Act; and Aet-.
(C) not cause the discharge of a nonpoint source of pollution to waters of the United States,
including wetlands, that violates any requirement of an area -wide or Statewide water
quality management plan that has been approved under Section 208 or 319 of the Clean
Water Act.
(6) Buffer Requirements: Unless otherwise stated in the site permit or local zoning requires larger
buffers, the waste loading, unloading, and storage areas at the site shall be:
(A)
no less than 100 feet from supply wells;
(B)
no less than 100 feet from property lines;
(C)
no less than 50 feet from waters of the State as defined in G.S. 143-212, or wetlands as
defined in 40 CFR 232.2; and
(D)
surrounded by an unused and cleared area of no less than 25 feet to allow access for fire or
emergency response vehicles.
(b) Sites shall meet the
following design requirements:
1 of 3

1 (1) Sites shall be designed and constructed so that all solid waste receiving, handling, transfer, and
2 storage occurs on an impervious surface, such as concrete or asphalt, unless otherwise stated in the
3 site permit.
4 (2) Tipping floors areas shall be located within an enclosed building or covered area to prevent
5 precipitation from coming into contact with waste, and all waste shall be mana eg d on ^ems
6 the tipping floors area unless otherwise stated in the site permit. For the purpose of the rules of this
7 Section, "tipping floor" means the area where waste is offloaded from residential or commercial
8 vehicles, and staged and consolidated for transport to its intended disposal location.
9 (3) All recovered materials and recyclables stored at the site shall comply with G.S. 130A-309.05(c).
10 (4) The site shall be designed to operate within the capacity specified in the permit to accommodate
11 estimated waste volumes, and within schedules prescribed in the permit for removal of all waste
12
streams and materials permitted to be handled at the site. Other activities occurring at a site shall
13
not prohibit compliance with the operational requirements in Rule .0405 of this Section.
14
(5)
A water supply shall be provided for cleaning site floors, walls, and equipment.
15
(6)
Leachate, including wash water and process water, shall be collected and contained within the site's
16
collection and containment system described in the site permit.
17
(7)
All vehicles and containers that contain solid waste shall be staged within the perimeter of a leachate
18
collection system or shall be ,,ever-oa and in ,., mplianee comply with Rule .0405 c •n� of this
19
Subehapter-. Section.
20
(8)
Leachate collection and treatment systems shall be designed to facilitate the removal of leachate and
21
wastewater, and may include pipes, manholes, trenches, berms, collection sumps or basins, pumps,
22
risers, liners, and liner splices.
23
(9)
The site design shall include barriers such as fencing and gates to prevent unauthorized entry and to
24
minimize the escape of windblown materials off site.
25
(10)
In accordance with G.S. 130A-295.5, sites shall be designed and operated so that traffic congestion
26
from loading and unloading of collection and transportation vehicles is minimized beyond the site
27
entrance onto the public road, and beyond any egress ramp approved by the N.C. Department of
28
Transportation.
29
(11)
An all-weather road that is accessible by the Division and loaded collection vehicles shall be
30
provided from the entrance gate to the unloading, receiving, and tipping areas.
31
(12)
Storage areas for waste materials shall be designed to prevent potential fires from spreading outside
32
the storage area, to prevent vectors, and to prevent the escape of waste, leachate, odors, dust, and
33
litter from the site.
34
(13)
If materials banned from landfill disposal in accordance with G.S. 130A-309.10(f) or recyclable
35
materials will be stored on site, the site design shall include a storage area for these materials that is
36
separate from the areas used for handling of waste meant for disposal.
37
(14)
Sites shall be designed and operated to prevent the attraction of vectors.
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(15) Sites shall be designed and operated to minimize the spread of odors and fugitive dust emissions
generated by solid waste over the property line to comply with 15A NCAC 02D .0540 and .1806.
(16) Sites shall be designed, operated, and maintained to direct surface water run-on and run-off to
prevent ponding or collection of surface water in waste handling and storage areas.
(17) Sites that intend to accept, process, or recycle construction and demolition wastes shall be designed
to comply with 40 CFR 61, Subpart M, and Par),G.S. 130A-444 through 452.45and
rules adopted ther-eundef.
History Note: Authority G.S. 130A-294;
Eff. January 1, 2021.
3 of 3

1 15A NCAC 13B .0404 is adopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0404 APPLICATION REQUIREMENTS
4 (a) Applications for transfer station permits submitted in accordance with Paragraph (c) of this Rule shall be submitted
5 to the Division of Waste Management Solid Waste Section for review and approval prior to commencement of
6 construction or operation of a transfer station (site).
7 (b) Permit applications for transfer stations are shall be subject to the permit application fees required by G.S.
8 130A-295.8.
9 (c) In accordance with Rule .0201 of this Subchapter, a permit for a transfer station shall have two parts:
10 (1) Permit Approval to Construct. An application for a permit approval to construct a transfer station
11 shall meet the requirements of Paragraphs (g) through (m) of this Rule and shall be submitted to the
12 Division prior to commencing construction of the site. The A permit applicant shall submit to the
13 Division one electronic copy of a permit application, which appkeatien shall contain inelude the
14 plans required in Paragraphs (g) through 0) of this Rule.
15 (2) Permit Approval to Operate. The owner or operator shall meet the pre -operative requirements listed
16 in the permit approval to construct to qualify for a permit approval to operate. Construction
17 documentation as outlined in Paragraph (n) of this Rule shall be submitted to the Division prior to
18 receiving waste at the site. The site shall not begin receiving waste until a permit approval to operate
19 has been issued by the Division.
20 (d) Permits issued by the Division in accordance with this Section shall incorporate all plans approved by the Division
21 that are required to be submitted by Paragraphs (g) through 0) of this Rule, and a Corrective Action Plan if required
22 in accordance with Rule .0405(a)(2) of this Section.
23 (e) Amendment to the permit. The owner or operator shall submit an application to amend the permit for a change in
24 ownership or corporate structure of a permitted site. The owner or operator shall notify the Division within 30 days of
25 a change in ownership or corporate structure in accordance with G.S. 130A-295.2(g).
26 (f) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
27 permit by the Division in aeear-da-nee with the pales of this Seetio by submitting the a written request to the ter,
28 'ram Division that includes the modified plan and a demonstration showing how the proposed modifications
29 comply with the rules of this Section. The Division shall respond to the request in writing within the timeline provided
30 in G.S. 130A-295.8(e); ' 2" ^ ')Or SU.`, and the response shall either approve or deny the request as submitted or
31 request that additional information be submitted for the Division to consider the request. The Division's approval shall
32 be based on whether the modification complies with the rules of this Subchapter. If the Division approves the request
33 as submitted or upon receiving the additional information requested, the Division's written approval and the revised
34 pages of the plan shall be added to the site's operating record. The owner or operator shall not implement the
35 modification until the Division has issued an approval.
36 (g) Site Plan. An application for a permit for a site shall contain a site plan that includes the following information:
1 of 5

1
(1)
an aerial photograph, representative of existing conditions, at a scale of a at least one inch equals
2
400 feet, showing the area within one quarter mile of the proposed site's boundaries with the
3
following identified:
4
(A) property lines of the entire property where the site will be located;
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(B) existing land use and zoning;
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(C) location of all private residences, commercial and industrial buildings, public or private
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utilities, roads, and schools;
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(D) on -site easements;
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(E) location of potable wells and public water supplies;
10
(F) historic sites described in Rule .0403(a)(2) of this Section;
1 1
(G) State state nature and historic preserves described in Rule .0403(a)(3) of this Section;
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
(I) the classification of the surface water drainage from the site in accordance with 15A NCAC
16
02B .0300.
17
(2)
a siting report demonstrating compliance with the siting criteria of Rule .0403(a) of this Section,
18
including a letter from the unit of government having zoning jurisdiction over the site that states
19
that the proposed use is allowed within the existing zening, if ; zoning and that any necessary
20
zoning approval or permit has been obtained, and that states the local zoning buffers that apply to
21
the site.
22
(3)
letters from both the State Historic Preservation Office and the Natural Heritage Program within the
23
Department of rff'�Natural and Cultural Resources stating whether the proposed use of the
24
property site as a solid waste , . nsf ~ stab, will impact the historic sites described in Rule
25
.0403(a)(2) of this Section; State nature and historic preserves described in Rule .0403(a)(3) of this
26
Section; or the endangered or threatened species described in Rule .0403(a)(4) of this Section
27
located at the site. an the t fa- sf r stab, „ pei:
28
(h) Construction Plan. An application for a permit for a site shall contain a construction plan that includes the
29
following items:
30
(1)
Site construction Construetion showing:
31
(A) existing and proposed contours;
32
(B) property boundaries;
33
(C) the location of barriers, fences, or other structures that control access to the site; site
34
(D) buffer areas and distances to wells, residences, wetlands and water bodies bodies, and
35
descriptions of any buffer requirements by local government zoning regulations;
36
(E) the water diversion, collection, conveyance, erosion and sedimentation control, treatment,
37
storage, and discharge facilities that will be used, such as drainage patterns and surface
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water drainage control structures both within the area and at the site perimeter, including
2
berms, ditches, sedimentation basins, pumps, sumps, culverts, pipes, inlets, velocity
3
breaks, sodding, erosion matting, or other methods of erosion control;
4
(F) the solid waste storage, loading, and unloading areas, including the tipping floor;
5
(G) buildings and facilities that will be used in the operation, including their horizontal and
6
vertical dimensions;
7
(H) concrete foundations or pads and identification of all other ground cover for the site
8
operation;
9
(I) location of scales and weigh stations that will be used in the operation;
10
(J) a survey grid with base lines and monuments that will be used for field control;
11
(K) access roads and traffic flow patterns to and within the site;
12
(L) leachate collection, control, and treatment systems including pipes, manholes, trenches,
13
berms, collection sumps or basins, pumps, risers, liners, and liner splices; and
14
(M) materials management handling areas for sites that will manage pre-sorted recyclables and
15
any materials diverted from the incoming waste stream; and
16
(2)
a description of how the site will comply with the design requirements of Rule .0403(b) of this
17
Section.
18
(i) Operations Plan. An application for a permit for a site shall contain an operations plan that shall include mien
19
of eaeh of the following
itemsi the following information:
20
(1)
the type and quantity of waste that will be accepted, the anticipated sources of the waste accepted,
21
the intended destination of waste removed from the site, and the intended destination of recovered
22
materials if any are proposed to be removed from the site;
23
(2)
the procedures and anticipated processing and storage times for the activities that the site is
24
proposing to conduct, such as receiving, screening, processing, handling, salvaging, storage, and
25
removal of waste and recovered materials including recyclables, wastes banned from landfill
26
disposal in accordance with G.S. 130A-309.10(f), and special wastes as defined in G.S. 130A-
27
290(a)(40);
28
(3)
the hours of operation, staffing, parking for visitors and employees, and traffic routing;
29
(4)
methods for vector control, dust and odor control, drainage and erosion control, fire prevention, and
30
daily cleanup;
31
(5)
record -keeping procedures;
32
(6)
groundwater and surface water monitoring and corrective action, if required by the Division in
33
accordance with Rule .0405(a)(2) of this Section;
34
(7)
a description of how the site will comply with the operational requirements of
35
Rule .0405 of this Section;
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1 (8) for sites that will accept, process, or recycle construction and demolition wastes, a description of
2 how the site will comply with 40 CFR 61, Subpart M, and Pa G.S. 130A-444 through 4
3 ;
4 (9) for sites designed with a leachate collection system, a leachate management plan that includes the
5 f'following information:
6 (A) ^ description of the performance and design concepts for the leachate collection system
7 and any storm water segregation included in the engineering design;
8 (B) monitoring procedures for leachate storage tanks, if present;
9
10 (C) operational control methods to ensure that surface water is diverted from the operational
11 area, and the tipping floor is free of standing water; and
12 (D) a process to abandon or remove the leachate collection system upon closure of the site. The
13 Division may allow leachate collection systems to remain in place for future use if the
14 owner or operator provides documentation of measures taken to comply with the
15 requirements of this Section and to protect human health and safety and the environment,
16 such as capping or blocking of any discharge points or open-ended piping to prevent
17 unintended collection, storage, or discharge of leachate. The Division may also require
18 recordation and land use restrictions in accordance with Rule .0406()l(4) -.0406(47) of this
19 Section;
20 (10) a contingency plan that shall address planned operations in the event of loss of power, loss of
21 communications, storm surges, scale malfunctions, and scale software malfunctions; in the event
22 that the disposal site, haul route, or transfer equipment is not available; or during conditions
23 exceeding design parameters. The owner or operator of a site shall provide back-up equipment, and
24 contact information to obtain the equipment, and plans to by-pass the site in case of equipment
25 breakdown. The contingency plan shall be kept updated on -site and shall include site -specific
26 emergency procedures and contact information in case of emergencies; and
27 (11) additional information for activities or features that the owner or operator is proposing that are not
28 otherwise described in this Paragraph, or that the Division may request in writing if it is necessary
29 to determine compliance with the rules of this Subchapter.
30 (j) Closure Plan. An application for a permit for a site shall contain a closure plan that describes the steps necessary
31 to close the site at any point during the active life of the site in accordance with the requirements in Rule .0406 of this
32 Section. The closure plan shall include the following information:
33 (1) a description of all activities, including the removal of any remaining solid wastes or materials from
34 the site, activities required for the closure of the site, and abandonment of all on -site systems-,
35 systems.
36 (2) a schedule for completing all ,.e fiv:ties neeess n. to . a4isa, the closure er-iter-ia activities as set forth
37 in Rule .0406 of this Section;
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(3) the cost estimate for closure and pest el yuf,—post-closure care activities; and
(4) a plan for retention of operating record and receipts including those from closure activities.
(k) Sites shall comply with financial responsibility requirements in accordance with G.S. 130A-295.2 and Section
.1800 of this Subchapter. If the Division requires the site to conduct post -closure care in accordance with Rule .0406 c
.0406(b) this Section, the site shall maintain financial assurance during the post -closure care period until released
from post -closure care by the Division.
(1) Owners or operators of sites are subject to the compliance history review requirements in G.S. 130A-295.3.
(m) Sites shall comply with the traffic study requirements in G.S. 130A-295.5. "^�5.
(n) Following completion of construction but prior to commencing operations, the owner or operator shall submit to
the Division the as -built drawings and a final construction report that the site has been constructed in accordance with
the Division -approved drawings and specifications in the permit to construct. If required by G.S. 89C, these items
shall be certified by a licensed professional engineer.
History Note: Authority G.S. 130A-294;
Eff. January 1, 2021.
5 of 5

1 15A NCAC 13B .0405 is adopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0405 OPERATIONAL REQUIREMENTS
4 (a) The owner or operator of a transfer station (site) shall maintain and operate the site in accordance with the approve
5 operations plan submitted in aeear- anee wit incorporated into the permit by le .0404(d -.0404(1) of this Section
6 and the following conditions:
7 (1) Dust and Odor Control. Fugitive dust emissions generated by site operations shall comply with 15A
8 NCAC 02D .0540. The site shall comply with 15A NCAC 02D .1806 for odors.
9 (2) Groundwater and Surface Water Requirements. The site shall
10 prevent the release of leachate and contaminants to groundwater and surface water and shall not
11 cause an exceedance of the groundwater quality standards in 15A NCAC 02L or the surface water
12 quality standards in 15A NCAC 02B. In the event of a release of leachate or contaminants to the
13 environment, the site shall comply with 15A NCAC 02L. 02L and the f f ee ,a4er- quality
14 standards in 15A NCAC 02B-.
15 (3) Fire Protection and Control.
16 (A) Open burning of solid waste is prohibited at all sites, unless approval has been obtained
17 from the Division, and from the Division of Air Quality in accordance with 15A NCAC
18 02D .1900, and from the local government prior to any burning activity.
19 (B) Hot ashes, hot leads or- ei ng
20 shall not be accepted at a site. The waste screening procedures required in accordance with
21 Subparagraph (8) of this Paragraph and described in the operations plan shall address
22 identification and rejection of this waste. leads eonta ring hot ashes and ein err
23 (C) The operator of a site shall provide equipment on -site to control fires and make deettfflefAe
24 arrangements with a local fire protection agency to provide fire -fighting services.
25 (D) The operator shall verbally notify the Division of fires that occur at a site within 24 hours
26 of the fire and shall submit a written report to the Division within 15 days of the fire. The
27 report shall include the site name and permit number; the date and time of the fire; actions
28 taken by the operator in response to the fire; the cause of the fire; the location and size of
29 the fire; the area, T)t—,type and amount of waste that caught fire; a plan of action to
30 prevent fires in the future; the name and title of the person submitting the
31 information; and the date the information is submitted.
32 (4) Vector Control. Owners or operators of a site shall operate and maintain the site to prevent on -site
33 populations of vectors.
34 (5) Noise Control. Noise levels shall meet local ordinances if they exist. If local ordinances for noise
35 do not exist, noise levels for site operations, except fire and safety alarms, shall not exceed 85
36 decibels at the property line.
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1 (6) Erosion and Sedimentation Control Requirements. The site shall comply with 15A NCAC 04, whie
2 ; and the owner or
3 operator shall utilize erosion and sedimentation control measures that prevent sediment from leaving
4 the site and prevent on -site erosion.
5 (7) Training. During hours of operation, an operator trained in accordance with G.S. 130A-309.25 shall
6 be on -site. Sites shall provide all staff with no less than eight hours of training updates annually that
7 includes a review of the operations plan and permit documents. Documentation of the training shall
8 be placed in the operating record and provided to the Division upon written request.
9 (8) Waste Screening. Sites shall comply with the following waste screening requirements:
10 (A) Site personnel shall screen incoming loads weekly at a rate of no less than five percent of
l l the average daily waste tonnage reported in the site's annual report for the previous year.
12 Site personnel shall be trained annually to identify liquid waste, hazardous waste,
13 polychlorinated biphenyl (PCB,) wastes, PCB waste, special wastes as defined in G.S.
14 130A-290(a)(40), wastes banned from landfill disposal in accordance with G.S. 130A-
15 309.10(f) if the site receiving the waste for disposal is a landfill, and wastes that the
16 intended final disposal site is not permitted by the Division to accept. The screening shall
17 be conducted as described in the approved operations plan prepared in accordance with
18
Rule .0404(i) of this Section. Waste screening and rejected wastes shall be recorded in
19
writing, and the records shall be kept on site for no less than five years and shall be made
20
available to the Division during a site inspection or upon request.
21
(B)
The owner or operator shall include in the operations plan a plan to manage any identified
22
hazardous and liquid wastes. The plan shall address identification, removal, storage, and
23
final disposal of the waste.
24
(9) Waste
Acceptance: Sites shall not accept the following:
25
(A)
hazardous waste unless the site is permitted by the Division in accordance with 15A NCAC
26
13A to receive such waste;
27
(B)
polychlorinated biphen l b (PCB) wastes as defined in 40 CFR 761.3, which is
28
incorporated by reference, including subsequent amendments and editions, and may be
29
accessed at www.ecfr.gov at no cost;
30
(C)
asbestos waste unless the waste is received and handled in compliance with the
31
requirements of 40 CFR 61.150, which is incorporated by reference, including subsequent
32
amendments and editions, and may be accessed at www.ecfr.gov at no cost. Bags shall be
33
no less than six mil thick and shall be labeled with the warning required by 40 CFR
34
61.150(a)(1)(iv) that they contain asbestos -containing materials. Sites shall provide notice
35
to the landfill facility receiving the asbestos waste prior to dis}ies i--disposal;
36
(D)
waste banned by G.S. 130A-309.10 at the disposal destination; and
37
(E)
waste banned by local law or ordinance at the disposal destination. destination; an
2 of 4

1 .
2 (10) Windblown waste: Site staff shall conduct daily inspections for windblown waste on the site
3 property. Windblown litter from site operations discovered during the daily inspections or observed
4 on adjacent properties shall be picked up and containerized for proper -disposal by the end of each
5 operating day, unless the landowner of the adjacent property denies access to site staff. The site shall
6 prevent waste from being blown outside the waste handling areas by the wind, using methods such
7 as:
8 (A) requiring that vehicles entering and leaving the site keep waste covered;
9 (B) providing skirts, such as rubber belting or brushes, around the top of chutes to minimize
10 the space between the chute and the hauling trailer at sites with chutes and hoppers; or
1 1 (C) preventing waste from leaving the site using methods such as fencing, netting, or diking.
12 (11) Site Cleaning and Maintenance: Unless otherwise stated in the site permit, all waste shall be
13 removed from the tipping floor, the truck loading bays, and from behind push walls by the end of
14 each day of operation and disposed of in accordance with this Subchapter. The tipping floor, push
15 walls, and truck loading bays shall be cleaned with a pressure washer no less than once per month.
16 The remaining areas of the site building including side walls and any material storage areas outside
17 of the building shall be cleaned with a pressure washer no less than twice per year. Wash water
18 generated from cleaning waste handling areas shall be contained and treated as leachate. Cleaning
19 and maintenance records shall be maintained and made available to the Division upon written
20 request.
21 (b) Water that comes into contact with solid waste is leachate and shall be collected from the site for disposal to an
22 approved facility or discharged directly from the site into a sanitary sewer line. A National Pollutant Discharge
23 Elimination System (NPDES) permit may be required prior to the discharge of leachate to surface waters, as provided
24 by 40 CFR its 258.26 and 258.27, which are incorporated by reference, including subsequent amendments and
25 editions, and may be accessed at www.ecfr.gov at no cost.
26 (c) All vehicles and containers being used for the temporary storage of solid waste shall be maintained to be leak-
27 resistant in accordance with Rule .0105 of this Subchapter, 8*b and or shall be stored so that any potential
28 releaseofleachate from the vehicles or containers will be collected to prevent the release of leachate to the
29 environment. by the leachate eelleetion s ten .
30 (d) Operating Record and Recordkeeping requirements. The owner or operator of a site shall retain an operating
31 record in electronic or hard copy format at the site, or in an alternative location stated in the permit. The records
32 required by Subparagraphs (1) and (2) of this Paragraph shall be maintained for no less than five years. The records
33 required by Subparagraphs (3) through (9) of this Paragraph shall be maintained for the life -of -site. 'if of the
34 The operating record shall contain the following information:
35 (1) records of waste inspections, monitoring results, certifications of training, and training procedures
36 required by the rules of this Section;
3 of 4

1
2
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5
6
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8
9
10
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
(2) amounts by weight of solid waste received at the site including county and state of generation, in
accordance with G.S. 130A-309.09D;
(3) demonstrations, certifications, findings, monitoring, testing, or analytical data required by the rules
of this Section;
(4) closure or post -closure care monitoring, testing, or analytical data required by the rules of this
Section;
(5) cost estimates and financial assurance documentation required by Section .1800 of this Subchapter;
(6) site audit records, compliance records, maintenance records, and inspection reports;
(7) a copy of the current Permit to Construct and Permit to Operate;
(8) a copy of the plans that have been incorporated into the permit in accordance with Rule .0404(d) of
this Section; and
(9) a Corrective Action Plan, if required by 15A NCAC 02L .0106.Subpa fagr- ph (a)(2) of this I?
(e) Access requirements.
(1) Sites shall be secured to prevent unauthorized entry by means such as gates, chains, berms, or fences.
(2) An attendant shall always be on duty at the site while it is open for public use to ensure compliance
with operational requirements.
(3) The access roads shall be of all-weather construction and maintained to be accessible by loaded
collection vehicles and by the Division.
(4) Signs shall be posted at the site entrances unless otherwise stated in the site permit. The signs shall
be constructed of a durable, weather -resistant material. The signs shall be clear and legible to the
public. and The signs shall state show the name of the operator of the site, emergency contact
information, the operating hours of the site, the permit number of the current permit authorizing
operations at the site, the types of waste that can be accepted under the permit, and that hazardous
waste and liquid waste cannot be accepted at the site.
History Note: Authority G.S. 130A-294;
Eff. January 1, 2021.
4of4

1 15A NCAC 13B .0406 is adopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0406 CLOSURE REQUIREMENTS
4 (a) The owner or operator of a transfer station (site) shall schedule and document closure of the site all sites in
5 accordance with the following criteria:
6 (1) The owner or operator shall submit written notification of closure to the Division no less than 90
7 days prior to the proposed date of cessation of waste acceptance at the a site.
8 (2) The owner or operator shall begin closure activities in Paragraph (b) of this Rule no later than 30
9 days after the date of the final receipt of waste at the site.
10 (3) The owner or operator shall fe e all • rite ffem the site in aeeardamee • ith the fe eeats 0°
11 this Subchapter, and complete closure activities in Para r,€mph (b) of this Rule of the sit-in
12 erdanee with the site pee: nit and the nales of thi � within 180 days F 'fie after
13 beginning e€the closure activities as specified in Subparagraph (2) of this Paragraph.
14 (4) When the requirements of Subparagraph (3 ^F his Paragraph shave been met, the owner or
15 operator shall notify the Division in writing that the requirements have been met. The notification
16 shall deser-ibe state how the requirements were met and shall be placed in the operating record.
17 (5) A final inspection for closure shall be conducted by the Division to verify that the conditions of
18 closure in this Rule have been met.
19 (b) The owner or operator shall complete the following closure activities to close the site:
20 (1) The owner or operator shall remove all waste from the site in accordance with the requirements of
21 this Subchapter.
22 (QW Leachate collection systems, if present, shall be closed in accordance with the approved leachate
23 management plan stib itte i aeeer- anee with- le .0404(d)
24 .0404(i)(9) of this Section.
25 (3) The owner or operator shall complete any closure activities stated in the closure plan incorporated
26 into the permit by Rule .0404(d) of this Section.
28 (4)("�If the site has been required by the Division to conduct a corrective action program following closure
29 of the site in accordance with this Rule, or elects to leave a leachate collection system or tank in
30 place for future use, the owner or operator shall submit to the Division a notice for the site property
31 that has been recorded at the leeal county Register of Deeds
32 office that meets the following criteria:
33 (A) The notice shall be indiscoverable during a title search for the site propea deed. property,
34 a -ad notify the Division tha4 the notiee has been r-eeer-ded and a eepy has been plaeed iii
35 epera4ing reeexd-.
36 (B) The notice shall be in accordance with G.S. 130A-310.71(e) or G.S. 143B-279.10.
1 of 2

1 (Q(B) The notice shall notify any potential purchaser of the property that the land has been used
2 as a solid waste management facility and its use may be restricted by the Division.
3 (G) Upon wF44ea r-eEfaest by the owner- or- eper-a4er-, the Division shall provide the !and ownef
4 of feeefd deeumenta4ien to feeer-d with the eaunty Registef E)f Deeds, stating tha4 site �
5
6
7 aeeer-danee with 15A NCAC 02L .0106, and the leaehate eelleetion system has be
8 mod.
9 Lcj(b) If the Division requires groundwater or surface water monitoring or corrective action at the a site in accordance
10 with Rule .0405(a)(2) of this Section, the monitoring and corrective action at the site shall continue in a post -closure
11 care period until the Division authorizes termination of corrective action at the site in accordance with 15A NCAC
12 02L .0106.
13 (d) The owner or operator may submit a written reauest to the Division after closure to remove the land -use restrictions
14 reauired by Subparaeraph (b)(4) of this Rule. If the Division approves removal of the land -use restrictions. the
15 Division shall rovide approval documentation to the landowner stating that the land -use restrictions at the site have
16 been removed, and the landowner may record the approval documentation with the county Register of Deeds. The
17 Division shall approve the removal of land -use restrictions if the following conditions are met:
18 (l) all post -closure care activities required by the rules of this Section have been completed-,
19 (2) the Division authorizes termination of any corrective action program in accordance with 15A NCAC
20 02L .0106; and
21 (3) any leachate collection system has been removed.
22
23 History Note: Authority G.S. 130A-294;
24 Eff January 1, 2021.
25
2 of 2

I 15A NCAC 13B .0501 - .0502 are repealed through readoption as published in 35:04 NCR 451 as follows:
3 15A NCAC 13B .0501 APPROVED DISPOSAL METHODS
4 15A NCAC 13B .0502 OPEN DUMPS
6 History Note: Authority G.S. 130A-294;
7 Eff. April 1, 1982;
8 Amended Eff. August 1, 2008; October 9, 1993; January 4, 1993; December 1, 1990; September 1,
9 1990; August], 1988; February 1, 4988-.1988;
10 Repealed E,(f. January 1, 2021.
lofl

1 15A NCAC l 3B .0503 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0503 SITING AND DESIGN REQUIREMENTS FOR DISPOSAL SITIMINDUSTRIAL
4 SOLID WASTE LANDFILLS
5 (a) An industrial solid waste landfill (ISWLF,) unit (site)_shall comply with
6 the following siting requirements for a permit to be issued:
7 0) A site shall meet the following sitingr-eqiiir-efn€nts:
8 (a) A site lee-ated in a €leedplain shall not restrict the zflow vf the 1�yearflvear=ednice the
9 temporary f. a4er- stet -a e . eit-y ,f the f7.,edplaioF tilt ; washout of solid waste so
10 as to pose a hazard to human life, wildlife or- !a -ad or- wa4
11
12 (i) a site shall not ea+tse or- eopAfibute to the taking of any endangered or- threatened
13 " " ofplants, fister- wildlife;
14
15 habitat of endangered of threatened species as identified in 50 C.F.R. Part 17
16 f.-hie, ;s hereby ineoFpor-ated by r"for"nee including . stibsegttefft amendments
17 and edi fi ns This 4 f.. a fion is available for inspeefien .ft the Department o
18 Eminent, Health, and Natufal Resources, Di�visiofi of Solid Waste
19
20 ean be obtained at no eost;
21 (iii) a site shallat damage or destroy an arehaeelegisalor- hister4e-al site; and
22 ,
23 other- lands inelf ded i the state ,,.,tiff" and histo
24 (1) Floodplain Restrictions: [Restrieiee A site shall not be located in the 100-year floodplain in
25 accordance with G.S. 143-215.54(c) and S.L. 2000-150.
26 (2) Cultural Resources Restrictions: A site shall not damage or destroy a 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. 1.0300 whiehf"
29 f., Led by f"F Yeti.." ; „lffding subsequent amendments o ed ti..n l
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.
1 of 4

t5)� A new site disposing of putrescible wastes shall not be located within 10,000 feet of an airport
2
3
4
5
runway used by turbojet aircraft or within 5,000 feet of an airport runway used by piston -type
aircraft; and
(!�)(d) A site shall have available adequate suit,'^ soils for cover either on -site or from off -site.
(h(24 A site shall comply with the following design requirements for a permit to be issued: ^ site shall meet the
6
following
design requir-ements�
7
Ll)(a)
If the site accepts waste types that are expected to generate explosive gases, the concentration
8
of explosive gases generated by the site &itsshall not exceed:
9
(A)(4) twenty-five percent of the lower explosive limit for the explosive gases in on -site site
10
structures, excludings.....,,tufes (exeludi g gas control or recovery system components;
l l
e events); and
12
(RJ(4) the lower explosive limit for the explosive gases at the property boundary;
13
Q(b)
A site shall not allow tweepAfelled publie aeeess so as to expese the publie to potential health and-
14
s^F ty 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
O(e)
A site shall meet the following surface water requirements:
17
W(i) A a site shall not cause a discharge of pollutants into waters of the 4ate 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; F02B 1.,t.,«.1.,rds p-..m„lgate under- G.S. 143 214.1 and G.S. 143 21 5;
21 (RJ(4) A a site shall not cause a discharge of dredged material or fill material into waters of the
22 state State that is in violation of the requirements under Section 404 of the Clean Water
23 Act, as amended, or G.S. 113A, 130A, or 143; [State]
24 ,
25 [State,] ' ; an
26 (Q44) A a site shall not cause non -point source pollution of waters of the state State that violates
27 15A NCAC 02B; and [9�}
28 (D) [A} a site shall comply with Rule .0602 of this Subchapter.
29 L41(d) A site shall meet the following gFound wMeFgroundwater protection requirements:
30 LA,)(i-) A site, exeept feF land elearing and inert debris landfills sub,i eet to Rule .05 6 4 (8)(e) of this
31 Seetie +-,--A site shall comply with G.S. 130A-295.6(t). be designed so that the bett
32 ;
33 (B)(4) Operators e= , lateral &Epansions of existing industrial
34 solid waste !aadfills, and in"stfial solid waste !a-adfills r-eeeiving solid waste oil or- a
35 , 1998 shall submit to the Division a design whieh satisfies one of the following
36 of A site that has not previouslypermitted by the Division for an ISWLF unit,
37 or a lateral expansion of an existing permitted site, (site} shall be designed with a leachate
2 of 4

collection system, a closure can system, and a composite liner system consisting of an
2 upper component and lower component. The upper component of the composite liner
3 system shall consist of a flexible membrane liner (FML) no less than 30 mil thick. FML
4 components consisting of high -density polyethylene (HDPE) shall be no less than 60 mil
5 thick. The lower component of the composite liner system shall consist of a layer of
6 compacted soil no less than two feet thick with a hydraulic conductivity of no more than 1
7 X 10-7 centimeters per second. [10 7 em/see FN4L eemponents eensisting of high ae si
8 polyethylene (14DPE) shall be n loss than 60 mil thie> ] The FML component shall be
9 installed in direct and uniform contact with the compacted soil component.
10 An owner or operator gpplyin for or a permit for a site that has not previouslypermitted
l l by the Division F" as an ISWLF unit, or a lateral expansion of an existing permitted site,
12 jsite} may submit a request to the Division to be exempt from the requirements of Part (B)
13 of this Subparagraph. The request shall be submitted in writing with the proposed site
14 information required to be submitted in accordance with Rule .0504(c) of this Section. The
15 request shall include a description of the types of waste proposed to be disposed of at the
16 site, and a proposed site design that will e demonstrates that the post -settlement
17
bottom elevation of the waste will be a minimum of four feet above both the seasonal high
18
groundwater ftahle] table, as defined in Rule .0532 of this Section, and the bedrock datum
19
plane contours as required by G.S. 130A-295.6(f). The site design shall also demonstrate
20
that the •-•-^•��,groundwater quality standards or interim maximum allowable
21
contaminant levels established under 15A NCAC 2-L-02L will not be exceeded in the
22
uppermost aquifer at the compliance boundary established by the Division in accordance
23
with 15A NCAC -2L—.02L. The site design shall be based upon modeling methods that
24
include the hydrogeologic characteristics of the site and surrounding lands; the climatic
25
factors of the area; and the volume and physical and chemical characteristics of the
26
leachate. The Division shall approve the request if the request and the proposed site design
27
comply with Article 9 of Chapter 130A of the General Statutes and the rules of this
28
Subchapter. shall ; elude a4 ^ the following
29
€aeters:
30
M the yaivg egi^r cteriiticS-Brthe f4eility andsurv'�`�^'a'ndrrn s;
31
;
32
;
33
(B) a design with a leaeha4e eelleefien system, a elesufe eap system, and a eemposite
34
liner- system eensisting of two eempenents: the "per eempenent shall eansist 0
36
eensist of at least a two feet layef of eempaeted soil with a hydr-a-ulie een"etivity
3 of 4

2 .
3
4 soil eempenent,
5 (iii) The Division r-esef-ves the right to require an applieaf4 to submit a liner- design if the
6 meter preteetion demonstration is Sub item ';'�ofthis Par-agrzaph is net
7 ^t• r
8 (M(iv) ind„stfi i sold waste landfills A site shall comply with gr-etmd ateF standards estabi: trod
9 under- 1 SA �T�2L Rule .0601 of this Subchapter.
10 info A site shall not engage in open burning of solid waste. waste unless approval has been obtained
l l from the Division, and from the Division of Air Quality in accordance with 15A NCAC 02D .1900,
12 and from the local government prior to any burning activity.
13 t6)(4) , A site shall meet the following buffer
14 requirements:
15 LA)(i) A site that received site study approval from the Division in accordance with Rule
16 .0504(a)(1) of this Section prior to the readopted effective date of this Rule shall maintain
17 a buffer of 50 feet between all property lines and disposal areas. A site that receives site
18 study approval after the readopted effective date of this Rule shall maintain a buffer of no
19 less than 200 feet ^ 50 feet fnin ,.,,,., ,..,,FF between all property lines and disposal areas;
20 LRI(i4) A site shall have a buffer of no less than 500 feet 500 feet mini Rw au ff between the
21 disposal area and residential structures and sunnly wells existingat t the
22 time that the Division issues the site study approval in accordance with Rule .0504(a)(1)
23 of this Section; Viand
24 (Q(4ii) A site shall have a buffer of no less than 50 feet 50 feet mini f,,, buK r between the
25 disposal area and any stream, river, lake, pond, or other waters of the State as defined in
26 G.S. 143-212; ; and
27 QW A site shall comply with the requirements in 15A NCAC 04 for sedimentation and erosion control.
28 [ .]
29 Requir-ements of the Sedimentation Pollution Control Law (I 5A NCAC 4) shall be
30
31 History Note: Authority G.S. 130A-294;
32 Eff April 1, 1982;
33 Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September 1, 4998.1990:
34 Readopted E(f.' January 1, 2021.
35
4of4

1 15A NCAC 1313.0504 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0504 APPLICATION REQUIREMENTS FOR INDUSTRIAL
4 SOLID WASTE LANDFILLS
5 A pefmit for- a sanitafy !a-ndfill shall be based upon a pa#ieulaf stfeam of idefftified waste, as set feFth in Du
6 , or- in the
7 quan4i or soufee of waste shall Feqtti . t and opefatien plan, ineluding waste detemination precedii
8
where appr-epfiate-
9 (1) The fellewing infiffmatien shall be required fer- reviewing a site appheation for a proposed sanital=y landfilh
10 (a) The permit applicant for an industrial solid waste landfill (ISWLF,) unit (site) [("ISWLF „ it" of "site"`] permit
11 shall prepare a site study in accordance with Para rg aph (c) of this Rule, and submit the site study to the Division. The
12 Division shall review the site study for a proposed new site prior to consideration of an application for a permit.
13 Following review of the site study, the Division shall notify the applicant in writing that either:
14 (1) the site is deemed suitable for establishing an ISWLF unit and the applicant may prepare an
15 application for a permit in accordance with Paragraph (b) of this Rule, [R-trle;] as well as any find
16 the-} site -specific conditions and design requirements stated in the notification; [^otifle do 'f ny-;
, ,
17 or
18 (2) the site is deemed unsuitable for establishing an ISWLF unit and [ ] the
19 reasons that prevent the ISWLF unit from being, operated in accordance with Article 9 of Chapter
20 130A [ ^�9] of the General Statutes, the rules of this Subchapter, and any applicable federal
21 laws and regulations.
22 (b) When the site has been deemed suitable for an ISWLF unit by the Division in accordance with Subparagraph
23 (a)(1) of this Rule, the permit applicant shall submit to the Division one electronic copy of a permit application, which
24 j shall contain the plans described in Paragraphs phs (d) through (f) of this Rule. A permit for a site
25 shall be based upon a particular We and source of waste, as identified in the operation plan required by Paragraph (e)
26 of this Rule.
27 (c) The site study shall contain the following information:
28 W(o An aerial photograph on a scale of at least 4-one inch equals 400 feet showing the area within one-
29 fourth mile of the proposed site's boundaries with the following s„e�ally identified:
30 (A)(i) Entire entire property owned or leased by the person proposing the disposal site;
31 (B)(4) Land land use and zoning;
32 (Q44) Lee-atie location of all homes, industrial buildings, public or private utilities, and roads;
33 LW(iv) Leeatiee location of wells, watercourses, dry runs, and other appheable details regarding
34 the general topography; and
35 LE)(-v) �''e�floodplains.
36 Q(b) A map on a scale of at least 4-one inch equals 1,000 4-0W feet showing the area within two miles of
37 the proposed site's boundaries with -that identifies known groundwater users, potential or existing
1 of 7

] sources of groundwater and surface water pollution, water intakes, airports and runways, and
2 subdivisions. the fellowing speeifically iden4ifiedi
3 ;
4 (ii) Potential or- existingseur-ees of ground water -and stwfaee w4er- -pollution;
5 (iii) Water intakes;
6 (iv) Air -port and runways; and
7 (V) Subdivisions.
8A geological and hydrological study of the site ..� that provides:
9 W(J) Berl soil borings for which the mi�er-s numbers, locations, and depths have been
10 eenfim ed by the Division mid -provide an understanding of the subsurface conditions and
l l groundwater flow regime of the uppermost aquifer at the site. The number and depths of
12 borings required will depend on the hydrogeologic characteristics of the site. The borings
13 and lab testing of selected soil samples that from the borings shall provide:
14 0(A) standard penetration resistance;
15 ii (B) particle size analysis;
16 iii (C) soil classification using the Unified Soil Classification System;
17 iv geologic considerations such as slopes and solution features,(slepes, solffti
18
feat es et ..
19
LvJR undisturbed representative geologic samples of the unconfined or confined or
20
semiconfined hydrological units within a depth of 50 feet that provide the
21
following in f mation for each major lithologic unit the merits:
22
M saturated hydraulic conductivity or by in -situ; [in situ,] (^ u
23
(- volume percent water, and
24
(M)--porosity; and
25
vi)(F) remolded sample of cover soils that provide the pfey4de
26
0) saturated hydraulic conductivity,
27
(94-total porosity, and
28
(I11)atterberg limits;
29
(B) boring logs;
30
LQ[(vio](G) s+.�e strati rag phic cross sections identifying hydrogeologic and lithologic
31
units and stabilized water table elevations; ;
32
(D) water table information, including:
33
01[(vi4)]" tabulation of water table elevations at time of boring, 24 helmshours
34
after boring, and seven days after boringdays (The number- of eased ber-ings to
35
pr-evide this infafma4ion shall be eenfiFmed by the Division); an
36
GO tabulations of stabilized water table elevations over time in order to develop an
37
understanding of seasonal fluctuations in the water table;
2of7

iii) an estimation of the seasonal hieh water groundwater table, as defined in Rule
2 .0532 of this Section, based on stabilized water table readings, hydrogrgphs of
3 wells in the area, precipitation and other meteorological data, and my othe
4 information available; and
5 (iv) a description of any natural or man-made activities that have the potential for
6 causing water table fluctuations, including tidal variations, river stage changes,
7 flood pool changes of reservoirs, high volume production wells, and injection
8 wells;
9 [(i-*)](4) bering legs; [ate}
10
(E) a groundwater contour map based on the estimated long-term seasonal high water
l l
groundwater table that is superimposed on a topographic map and includes the location of
12
all borings and rock cores and the water table elevations or potentiometric data at each
13
location used to generate the groundwater contours;
14
(D[(13)](ii) A a b^��t_poaraphic map of the site locating soil borings with aeeurate
15
horizontal and vertical eontre' .. h e,, controls that are tied to a permanent onsite
16
benchmark; and
17
[(q]Oii)A [a] petentiemetrie fnap of the [ems ]surfieia1 aquifer based en stabilized wa4e
18
table e,eva4ie„s; an
19
A a report summarizing the geological and hydrological evaluation.
20()
A conceptual design plan for the development of the facility including an_�g special
21
engineering features that the applicant is proposing_ whieh , , ist [shai' be inelude
22
of maintained : site , stsu tion operation, maintenanee [rY te. anee ] and ,^s„re
23
(e)
Leeal gevefFiment approvals:
24
,
25
jufisdiefian of an ineer-per-ated eity or town, the approval of the goveming board of the eity
26
or- town shall be r-e"ired. Otherwise, the approval of the Beafd of Commissioners of t
27
28
29
where the vete was taken, sha4l be forwarded to the Division-.
30
(5)
A copy of the franchise or local government approval from each unit of local government in whose
31
jurisdiction the site is located in accordance with G.S 130A-294(bl). No franchise or local
32
government approval shall be required for a site used to dispose of waste generated solely by the
33
permit applicant.
34
A letter from the unit of government having zoning jurisdiction over the site that whieh states that
35
the proposal meets all of the requirements of the local zoning ordinance, or that the site is not zoned.
36
Q(4)
A disetissia description of how the site complies eemplianee-with the siting standards in Rule
37
.0 0503 a of this Section. Sub
3 of 7

] (S)W A report indieating that includes the following information: f
2 LA)() population and area to be served;
3 (M(4) type, "anti quantity, and source of waste; waste that will be disposed of at the site;
4 n(iii) the equipment that will be used for operating the site; and
5 n(iv) a proposed water quality gr-oundwatemonitoring plan including surface water sampling
6 locations, well leeatien locations, and well schematics showing proposed screened interval,
7 depth depth, and construction. eanstFuetie ; an
8 [(E)](v) [additional infiffmatien e a more detailed geologic mpoA may be required depending on
9 speei iesofthe site. cif it is necessary to determine , pli nee with the rules f this
10 S.,i.] This r-epai4 may be based on physieal evidenee, initially, or- due to inform
l l obtained f the site plan .. pheation
12ffice and the Natural Heritage Program
13 within the Department of fr��'�] Natural and Cultural Resources stating whether the
14 proposed use of the property will impact the historic sites described in Rule .0503(a)(2) of this
15 Subchapter; State nature and historic preserves described in Rule .0503(a)(3) of this Subchapter; or
16 the endangered or threatened species described in Rule .0503(a)(4) of this Subchapter located at the
17 site.
18 10}Additional information for activities or features that the owner or operator is proposing
19 that are not otherwise described in this Rule, or that the Division may request if it is necessary to
20 determine compliance with the rules of this Subchapter.
21
22
23
24 (d) Construction Plan. An application for a permit for the site shall contain a construction plan that shall include the
25 followine information:
26 W(O A a map showing existing features including to existing topojzraphy of the site on a scale
27 of [,ni at least one inch equals 200 feet with five-foot contours, benchmarks, springs
28 streams, potential groundwater monitoringsites, ites, pertinent geological features, and soil boring
29 locations;
30 (i) existing topegFaphy of the site on a seale of at least 1 ineh equals 200 feet with five feet
31 tetifs;
32
(ii) befte , marks;
33
;
34
(iv) streefas;
35
Opetentialgfetind watersites;
36
(Vi) pertinent geelegiealfeatures; a*d
37
(vii) soil boring leeatioes.
4of7

(Q(b) A a grading plan that pr-evides-provides proposed excavated contours, soil boring locations
2
locations and elevations of dikes or trenches, designated buffer zones, diversion and controlled
3
removal of surface water from the work areas, and proposed utilities and structures,
4
('d used exemlated eentears;
5
(ii) soil boring leemiens;
6
(iii) location and elevations of dikes or-
7
(iv) designated buffer zones;
9
l 0
(3)(0
^ ,.enst..uetion plan tlga4 p .,.vi : a site development plan showing the following
l l
(A) phases or progression of construction and operation in increments of five years p to the
12
life -of -site of the ISWLF;
13
JR)(i) engineering design for liner,, liners and leachate collections systems;
14
(Q" proposed final contours showing removal of surface water runoff, and
15
(17 (4ii) locations of slope drains or other drop structures;
16
(4)W
An an erosion control plan that identifies the following:
17
(AO locations of temporary erosion control measures such as sediment kedknerAbasins, stone
18
filters, terraces, or silt fences; f nees ete `;
19
(M(4) locations of permanent erosion control measures such as rin (Fip-rap, energy dissipators,
20
ditch stabilization, or pipe drains; a rain, ete earthwork calculations; calculations for
21
temporary and permanent erosion control measures; a [diseessia ] description of how the
22
site complies f^^-�] with 15A NCAC 04 for sedimentation and erosion control,
23
[
24
edifiens;] and
25
(Q(iii) seeding specifications and sew�es. schedules;
26
(51(o
ha,.: o -inn engineering }diagrams showing t3Tieal-sections of —.-of dikes, trenches, diversions, and
27
sediment basins;
28
(i) dikes-,
29
(ii) tr€nehes,
30
(iii)diversions,, ana
31
(iv) sediment i,,.sin
32
00
^ fninim .,m ,.c two ores ..ee fi .f. two cross sections per operational area showing soil borings,
33
original elevations, proposed excavated depths, proposed final elevations, and the seasonal high
34
groundwater table and bedrock datum plane contours in accordance with Rule .0503(b)(4)(C) of this
35
Section; and [the , na-watef elev tie and soil b,.fings; shewing:
36
(i) original elevmiens;
37
(ii) pwpesed exeavated-depths,
5 of 7

1 (iii) proposed final elevations,
2 (iN') gr-et«.l . ..,4ef of Ova fie n l
f
3 M seil teem,,
4 (g) Site development showing phases of eper-afien in five year- or- ten year- phase
6 (7) ments in
7 Rule .0503(b) of this Section.
8 Operations Plan. An application for a permit for the site shall contain an operations plan that shall include the
9 following information:
10 W(i) a A copy of the deed for the site property, including the property owner's name, the parcel
11 identification number, and a legal description of the property; er &die legal-�� 4,.0
12
13 owner's name;
14 (Q(4) name and emergency contact information for the Name of individual responsible for operation,
15 maintenance, and closure ^^°r^4i^^ ^^a maintenance of the site;
16 (3) type, quantity, and source of waste that will be disposed of at the site;
17 (4) irements
18 in Rule .0505 of this Section; and
19 (5) a [dise�ts�ier} description of how the site complies [^��1=Twith the monitoring_requirements
20 of Section .0600 of this Subchapter;
21 (f) Closure and Post -Closure Care Plan. An application for a permit for the site shall contain a closure and post-
22 closure plan that shall include the following information:
23 (1) a description of the closure of the site, including quantification of the life -of -site, closure and final
24 cover procedures, and projected use of the land after closure; [ice}
25 (2) a description of the post -closure care period of the site, including maintenance and monitoring
26 procedures, and ction
27 .0600 of this [c�•'�Subchapter- and
28 (3) the cost estimate for closure and post -closure activities as required under Section .1800 of this
29 Subchapter.
30 (a) If required by G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional
31 engineer or licensed geologist shall certify the information submitted in accordance with Paragraphs phs (c) through (f) of
32 this Rule.
33 (h) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
34 (i) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
35 the permit [when the p0mm:4 is issued by the Divisio j and the site shall comply with the permit in accordance with
36 Rule .0203(d) of this Subchapter.
6of7

1 (i) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
2 permiqby the Division in accofdanee with the Paragraph (i) of this Rule] by submitting ffi13e] a written request to the
3 jDivisien, ' Division that includes the modified plan and a demonstration showing how the proposed
4 modifications comply with the rules of this Section. The Division shall respond to the request in writing within the
5 timeline provided in G.S. 130A-295.8(e); f' 30 ^ 295.8(e)-14 and the response shall either approve or deny the request
6 as submitted or request that additional information be submitted for the Division to consider the request. The
7 Division's approval shall be based on whether the modification complies with the rules of this Subchapter. If the
8 Division approves the request as submitted or upon receiving the additional information requested, the Division's
9 written approval and the revised pages of the plan shall be added to the site's operating record. The owner or operator
10 shall not implement the modification until the Division has issued an approval.
11 ;
12 (:�)Afftieipatedlifetime of thepi-ejeet;
13 ,
14 sanitary landfill;
15 (vi) Eafthwork ealettIations;
17 ;
18 (ix) Any na-ffa4ive neeessafy to deser-ibe eempliance with the Sedimentation Pollution Control Act a
19 1973{15A NGAG
20 .
21
22 History Note: Authority G.S. 130A 294;
23 Eff. April 1, 1982;
24 Amended Eff. January 1, 1985;
25 Temporary Amendment Eff. October 1, 1987, For a Period of 180 Days to expire on March 29,
26 1988;
27 Amended Eff. July 1, 2013; February 1, 1991; September 1, 1990; March 1, 49,9&1988:
28 Readopted Eff.' January 1, 2021.
7of7

1 15A NCAC 1313.0505 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0505 OPERATIONAL AND CLOSURE REQUIREMENTS FOR INDUSTRIAL SOLID
4 WASTE LANDFILLS SANITARY LANDFILLS
5 ( ^ • ' w :..:�� �r „���'�� The owner or operator of an industrial solid waste landfill unit (site) a
6 sanitai=y 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: ,
9 0) Plan and Permit Re"ir-emefAs
10 .
11 `b)—Speei€ed ter-ing-aad epaAing r-e"irefnents shall et.
12 (2) Spreading and Cempaefing Requirements
13 (a) Solid waste shall ver-estrieted rote the smallest area feasib]
14 ('��lid waste shall be eempaeted as densely aspraetieal 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 U(a) Solid waste shall be [e aeted] compacted. fandl
23 (B) Solid waste shall be covered at the end of afttf each day of eperafierroperation with a
24 compacted layer of aWeast-no less than six inches of soil. stlit ble cover or as specified by
25 the e r
26 LQr,n� Areas .that will not have additional wastes placed on them for the next 12
27 months, mer+' er w.,...o, but where final termination of disposal operations has not
28 occurred, shall be covered with amini num-&Pno less than one foot of intei:fne ia4e
29 compacted soil.
30 (Mr,r� After final termination of disposal operations at the site or ^ major part thereof-, or
31 upon revocation of a permit, the area shall be covered with at-4 a no less than two feet of
32 suitable compacted eai4h.. soil.
33 (Q(4) Erosion Control Requirements:
34 (A)(a) Adequate eresiet Erosion control measures shall be practiced to prevent silt from leaving
35 the site.
36 LRI(b) ^ ao,.ua4e era Erosion control measures shall be practiced to prevent exeessivve-on-site
37 erosion.
1 of 5

I (C) The site shall comply with 15A NCAC 04. [
2
3Drainage Control Requirements:
4 LAI(a4 Surface water shall be diverted from the operational area.
5 LUJ(b) Surface water shall not be impounded over or in waste.
6 (Q(c) Completed Areas that have been covered in accordance with Subpara rg_ayh (1) of this
7 Paragraph shall be adequately sloped to allow surface water runoff in a controlled manner.
8 (4)(6) Vegetation Regis Requirements:
9 (A)(0 Within si* ,,,,.. the afte After final termination of disposal operations at the site
10 pai4 thereof or upon revocation of a permit, the site area shall be stabilized with native
l l grasses; ,grasses within the timeframe established in the construction plan incorporated into
12 the permit in accordance with Rule .0504(i) of this Section.
13 LUI(b) Temporary seeding wi4 shall be utilized as if it is necessary to stabilize the site —.site or
14 prevent erosion.
15 (5)(7) Water Protection Requirements:
16 (A)(0 The separation distance of four feet between waste and the seasonal high groundwater
17 weter-table as defined in Rule .0532 of this Section shall be maintained.
a
19 (M(b) Solid waste shall not be disposed of in water.
20 n(c4 Leachate shall be contained on site or pfepefly-treated prior to discharge. An A National
21 Pollutant Discharge Elimination System (NPDES) NPDE—S—permit issued by the
22 Department of Environmental Quality, Division of Water Resources in accordance with
23 15A NCAC 02B may be required prior to the discharge of leachate to surface waters.
24 (0(8) Access and Security Requirements:
25 LA)(O The site shall be adequately secured to prevent unauthorized entry -by means of -such as
26 gates, chains, berms, or fences. fenees, and other- seeufity measufes approved by the
28 LUI(b) An a#eadant individual trained in landfill operations in accordance with G.S. 130A-309.25
29 shall be on duty at the site at all it the site is open for public use and during
30 jade} any waste management operations to ensure compliance with operational
31 requirements.
32 (Q(O The access road to the site shall be of all-weather construction and maintained is good
33 ea ie}rto allow access by Division staff and fire -fighting vehicles.
34 LW(4) Dust control measures shall be implemented. implemented where fleeessafy.
35 Q(93 Sign Requirements:
36 LAI(a3 Signs providing information on disposal pigprocedures, the hours during which the
37 site is open for public use, the permit ber-number, emergency contact information, and
2of5

1 other pertinent -other information specified in the permit conditions shall be posted at the
2 site entrance.
3 (M(l) Signs shall be posted stating the types of waste that shall not be accepted at the site, such
4 as hazardous waste, or —liquid waste, construction and demolition waste, or
5 municipal solid waste. waste er be r-eeeived • ithe,,. ,ffitte permission Irem the Division.
6 (Q(e) Traffic signs or markers shall be provided as neeessary to promote an orderly tr fF^ part
7 to direct traffic to and from the discharge area to minimize traffic congestion. area and to
8
rnaif4ain effieiefA epera4ing eandifiens.
9(
Safety Requirements Requirements:
10
kA)(o
Open burning is
[ of solid waste
l l
prohibited prohibited unless approval has been obtained from the Division, and from the
12
Division of Air Quality in accordance with 15A NCAC 02D .1900, and from the local
13
government prior to any burning activity.
14
a(b)
Eq.,:,..v.ent shall be provide The owner or operator of the site shall maintain equipment
15
on -site to control accidental fires or -and arrangements shall be made with the local fire
16
protection agency to iairned}atel�-provide fire -fighting services. sor-'4ee.when ~eeded.
17
(Q(e)
Fires that occur at the site a sanitafy land shall be reported to the Division by verbal
18
notice within 24 hours and a written notification shall be submitted within 15 days.
19
LW(d)
The removal of solid waste from the site is prohibited unless the owner
20
or operator ^,. ne-,.� approves and the removal is not performed on the working face.
21
LQ(e)
Containers such as tubes, barrels, drums, tanks, cans, and bottles shall
22
not be disposed of unless they are empty and perforated s F�Tto ensure that no liquid
23
waste or hazardous waste is contained therein.
24
( ( Waste Acceptance and Disposal Re ireff ents Requirements:
25
LA)(o
A site shall only accept those solid -wastes whieh that it is permitted to receive. The site
26
landfill owner or operator shall notify the Division within 24 hours of attempted disposal
27
of any waste the site land€ill-is not permitted to receive, including waste from outside the
28
area the site landfill is permitted to serve.
29
(RI(b)
No hazardous waste or liquid waste shall be accepted or disposed of at a site.
30
landfill.
31 (Qf0 Speiled feeds, animal eareasses, aba#eir waste, ha4ehery waste, and other animal waste
32 If the site has been permitted by the Division to receive
33 putrescible waste, this waste shall be covered upon receipt. iwA
34 LW(d) Asbestos waste shall be managed in accordance with 40 CFR 61, Subpart M. L6
35 Asbestos waste shall be covered upon receipt freeeiptj with soil or compacted waste
36 jaste to prevent airborne conditions. Asbestos waste shall be disposed of using methods
37 that prevent unintended exposure of asbestos by future land -disturbing activities, such as
3 of 5

disposal in a marked area separate and apart from other solid wastes or recordine the
2 latitude and longitude coordinates of the asbestos area within the existing landfill footprint.
3 The disposal methods shall be described in the operations plan required by Rule .0504(e)
4 of this Section.
5 , whieh is adopted by
6 Fefer-enee in aeeor-danee with G.S. 150B 14(e), may be disposed of separate and apart from
7 other solid wastes at the bottom of the working faee or- in an area not eonfiguotts with other
8 dispesal areas, in either- ease, in vir-gin seil. Separ-a4e areas shall be eleafly mar-ked so that
9 asbestos is et o sod by fi,t„ro land this rt iag ae fi i fies The waste shall be a ro.l
10
11 .
12 LQ(e) Wastewater treatment sludges shall not be accepted for disposal, unless otherwise specified
13 in the site permit. m ftly be used as a soil erditi nee- a -a ineer-pera4ed into the final
14 two feet of eever-. Sludges shall be examined feF aeeeptanee by Waste Detefmination
15 pFoeedufes i Rule 0103(e) of this Sube apter
16 (UO Miscellaneous no^,,:refne is Other Requirements:
17 W(O Eff fiveo ,eeter Vector control measures shall be applied to control flies, rodents, and other
18 insects or vermin.
19 (M(b) Barrier methods such as fencing and diking shall be provided at the site within
20 the afea o confine solid waste subject to be blown by the wind. At the conclusion of each
21 day of operation, all windblown material resulting from the operation shall be collected
22 and disposed of r-eWf ed to the are by the owner or operator.
23 (C) The owner or operator of a site shall comply with the financial responsibility requirements
24 set forth in G.S. 130A-295.2. [""�i]
25 (D) A site that accepts scrap tires shall also comply with Section .1100 of this Subchapter.
26 (E) The owner or operator shall submit to the Division upon written request any information
27 or records required to be kept under the conditions of the permit or the rules of this Section.
28 (b) When a site has ceased the acceptance of waste, closure of the site shall comply with the following requirements:
29 O The owner or operator shall notify the Division in writing that the site has been closed in accordance
30 with the rules of this Section and the closure and post -closure care f^^^ nlplan required in
31 accordance with Rule .0504(f) [.0504(dfl of this Section.
32 (2) The owner or operator shall provide certification that final cover has been installed as described in
33 the construction plan required in accordance with Rule .0504(d) of this Section.
34 (3) The Division shall conduct an inspection to determine compliance with closure requirements. If the
35 site has been closed in accordance with the rules of this Section and the closure and post -closure
36 care eeff ni plan required in accordance with Rule .0504(f) [.0504( W of this Section, the
4of5

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Division shall issue a closure letter to the owner or operator that confirms closure of the site, and
provides post -closure conditions for the site as set forth in Paragraph (c) of this Rule.
(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. f^per� The owner or operator shall
comply with Section .0600 of this Subchapter. The site -specific post -closure maintenance requirements shall be
specified in the closure letter issued by the Division in accordance with [Paragraph (b Subpara re anh (b)(3) of this
Rule.[Rule, and shall , ply with Seetio., 0600 of this Subehapte,.,]
( 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, 49,95.-1985;
Readopted Eff. Januag 1, 2021.
5 of 5

I 15A NCAC 13B .0508 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0508 SITING AND APPLICATION REQUIREMENTS FOR INCINERATORS
4 Five sets of plans shall be required f o..eh a plie.. ian
5 (a) An incinerator [F r the disposal of solid waste] (site) shall meet the following siting requirements:
6 O 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
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. [.0300 ..,, ieh
12 Boa by .-e f enee ; el,,,l;..,...,,l...equent amendments .,,..,1 editions.]
13 O State Nature and Historic Preserve Restrictions: The location, access, size, and operation of the site
14 shall not have an adverse impact on any component included in the State Nature and Historic
15 Preserve pursuant to G.S. 143-260.10.
16 (4) Endangered and Threatened Species Restrictions: A site shall not jeopardize the continued existence
17 of endangered or threatened species or result in the destruction or adverse modification of a critical
18 habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as
19 amended.
20 (5) Clean Water Act Requirements: [ ] A site or ids} site operations shall:
21 (A) not cause a discharge of pollutants into waters of the United States, including wetlands,
22 that violates any requirements of the Clean Water Act, including the National Pollutant
23 Discharge Elimination System MDES) requirements pursuant to Section 402 of the Clean
24 Water Act; [tom]
25 (B) comply with Section 404 of the Clean Water Act, and [Aet-.]
26 (C) not cause the discharge of a nonpoint source of pollution to waters of the United States,
27 including wetlands, that violates any requirement of an area -wide or Statewide water
28 duality management plan that has been approved under Section 208 or 319 of the Clean
29 Water Act.
30 (6) The permit issued by the Division for the site shall state the site -specific buffer requirements for the
31 site. When determining the site -specific buffers, the Division shall include any buffers required by
32 the incinerator permit issued by the Division of Air Quality for the site. [P�ete! lneiner-a4er-s are also
33 subjeet t alsoreqiiir-ements of l SA NG n r 02D ]]
34 (b) A permit applicant shall submit to the Division one electronic copy of a permit application, r—,J the application]
35 which shall contain the plans described in Para ray nhs (c) and (d) of this Rule.
36 (c) Site Plan. An application for a permit for a site [ine e .at,.,. f ,. the dispesal of solidwaste] shall contain a site plan
37 that includes the following information:
1 of 4

1
(1)
an aerial photograph, representative of existing conditions, at a scale of [a] at least one inch equals
2
400 feet, showing the area within one quarter mile of the proposed site's boundaries with the
3
following 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 Subparagraph (a)(2) of this Rule;
l l
(G) State [state] nature and historic preserves described in Subparagraph (a) 3) of this Rule;
12
(H) the existing topougphy and features of the site, [site] including general surface water
13
drainage patterns and watersheds, 100-year floodplains, perennial and intermittent streams,
14
rivers, 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 havingzoning oning jurisdiction over the site that states that the
18
proposed use is allowed within [the] any existing zoning and [ , ' ;] that any necessary
19
zoning gpproval or permit has been obtained, and that states the local zoning buffers that apply to
20
the site;
21
(3)
letters from both the State Historic Preservation Office and the Natural Heritage Program within the
22
Department of [Q] Natural and Cultural Resources stating whether the proposed use of
23
the property will impact the historic sites described in Subparagraph (a)(2) of this Rule; State nature
24
and historic preserves described in Subparagraph (a)(3) of this Rule; or the endangered or threatened
25
species described in Subpara rg anh (a)(4) of this Rule located at the site; and
26
(4)
a copy of the valid air quality permit for the operation of the incinerator issued by the Department
27
of Environmental Quality, Division of Air Quality in accordance with 15A NCAC 02D.
28
(d) Operations Plan. An application for a permit for a site [in efataf f f the dispesal of solid waste shall contain an
29
operations plan that shall include the following information: [a a:s^„ssio of eaeh of the following items:]
30
O
the type and quantity of wastes that will be accepted, [aeeepted-j including the anticipated sources
31
of the wastes accepted, and the intended destination of materials and ash removed from the site,
32
(2)
the procedures for receiving, storing, toring, incineration, and removal of waste and ash, including the
33
anticipated storage and incineration times;
34
(3)
the hours of operation and staffing;
35
(4)
methods for daily cleanup;
36
(5)
record -keeping procedures;
2 of 4

1 (6) a description of how the site will comply[panned-eeffqAia*ee] with the operational and closure
2 requirements of Rule .0509 of this Section;
3 (7) a contingency plan that shall address planned operations in the event of loss of power, loss of
4 communications, storm surges, scale malfunctions, and scale software malfunctions; in the event
5 that the disposal site, haul route, or transfer equipment is not available; or during conditions
6 exceeding design parameters. The owner or operator of the site shall provide back-up equipment,
7 and contact information to obtain the equipment, and plans to by-pass the site in case of equipment
8 breakdown. The contingency plan shall be kept updated on -site and shall include site specific
9 emergency procedures and contact information in case of emergencies;
10 (8) additional information that the Division may request in writing pertaining to the site operations if it
11 is necessary to determine compliance with the rules of this Subchapter; and
12 (9) in addition to the information required in this Paragraph, incinerators that are permitted b, the
13 Division to accept medical waste shall also include the information required by Rule .1204(b)(4) of
14 this Subchapter in the operations plan.
15 (e) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
16 (f) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
17 the permit [when the permit is issued by the Divisien,] and the site shall comply with the permit in accordance with
18 Rule .0203(d) of this Subchapter.
19 (a) Permits issued by the Division for incinerators shall be [ar-e] valid for five years, and shall be [afe] subject to the
20 permit fees set forth in G.S. 130A-295.8.
21 (h) Sites that received a permit from the Division prior to the readopted effective date of this Rule shall comply with
22 the rules of this Section with the following exceptions:
23 (1) buildings, structures, and waste handling areas constructed prior to the readopted effective date of
24 this Rule shall not be required to comply with Paragraph (a) of this Rule for the permitted operational
25 boundary feetpr-i ] existing on the readopted effective date of this Rule, or any replacements or
26 modifications within that existing permitted operational boundaa; lfeetoat] and
27 (2) if a building, structure, or waste handling area was constructed prior to the readopted effective date
28 of this Rule, and is expanded beyond fits] the existing permitted operational boundgM[feetprint]
29 after the readopted effective date of this Rule, the permitted operational boundM [feetprint] that
30 was existing on the readopted effective date of this Rule shall not be required to comply with
31 Paragraph (a) of this Rule, but the expansion areas shall comply with these requirements.
32 (i) Site buildings, structures, and waste handling areas that are exempt from the requirements of Paragraph (a) of this
33 Rule shall continue to comply with [the] any siting and buffer requirements stated in their permit issued prior to the
34 readoption date of this Rule. [D+�'� ftfi-y-.]
35 0) Site andeperatien plansef theprepesed ineiner-atef;
36 ,
3 of 4

1
2 the f4eility is to be leea4ed sta4ing that the site fneets all of the r-e"irefflents of the leeal i�efiing
6 History Note: Authority G.S. 130A-294;
7 Eff. April 1, 1982;
8 Amended Eff. February 1, 1991; September 1, 49901990;
9 Readopted Ee ff. January 1, 2021.
10
4of4

1 15A NCAC 1313.0509 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3
15A NCAC 13B .0509 OPERATIONAL AND CLOSURE REQUIREMENTS FOR INCINERATORS
4
erator of an incinerator [for- the disposal of solid waste'
5
fjite shall f ain4ain
and operate the site it 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 hewing )raet Ae^,
7
unless oche,wise
eeif e.l in the permit:
8
(1)
All sites shall be sited, designed, operated, and maintained using safe and sanitary
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. [ .T] designed a -ad eper-a4ed in a manner- so as to prevent the
12
ea4ia , of ..... aor- etentiel health hazard;
13
The ineinefater- be to
(2)
plant shall so situated, equipped, epefMed, and maintained as minifflize
14
nte .F .enee with other e fivities i the area;
15
(3)
All to be disposed the be to thedumping Adequate s*eYaee
solid waste of at site shall eanfined area.
16
facilities shall be previded;
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)
Egg 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 [ ] to operate and maintain the site
24
in compliance with Subparagraph (1) of this Para rg Vh.
25
and ehar-ging afeas and elsewhere as needed of as may be feqt4ed in er-def to maintain the plam ift
26
;
27
(6)
All ash and waste residue from the site iftei er-a4e . „l shall be prefliptly disposed of at an approve
28
a-ait -r-y leHafill 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
shall be obtained prior to site operation. eper-etien;;
33
(8)
A site shall only accept those solid wastes whieh-that it is permitted to receive. reeeive; an'
34
(9)
Water- dia4 , e into . ntaet with solidi w tt Leachate shall wi11 be contained on -site or proper-!
35
treated prior to discharge. A NPDES perxiit-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.
1 of 2

1 (10)
The owner or operator shall submit to the Division upon written request any information or records
2
required 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 facility permitted by the Division to receive such waste [ne4ess-4�] within 120 days
6
after the date the incinerator ceased the acceptance of waste.
7 (2)
The owner or operator shall comply with any [the} closure requirements specified in the permits
8
issued by the Division and the Division of Air Quality.
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. [ ub
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 Subparagraphs (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, 4999.1990:
21 Readopted Ej.January 1, 2021.
22
2 of 2

I 15A NCAC 13B .0510 is readopted with changes as published in 35:04 NCR 451 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 in accordance with Rule .0531 of this Section or Rule .1601 of this Subchapter
8 (collectively "site")[fsite�� shall comply with the post -closure care requirements specified in the permit conditions,
9 the closure plan for the site, f€aetky and the closure letter or permit for closure issued by the Division to the site at
10 jernear-} the time of closure. f
11 The owner or operator shall also comply with Section .0600 of this Subchapter. The owner or operator shall submit to
12 the Division upon written request any information or records that are required to be kept under either the permit
13 conditions, the closure letter, or the rules of this Subchapter.
14 (a) When the disposalsite has bee a se,a ; ,,..,aanee withRule 0505 ofthis Sti a apte the , ,.. teF shall.
15 M Notify the Division in wFiting in eFdeF that a site inspeetion may be fnade by the Division to
17 !21Provide L. to determine o lia-
f r final
�,�-test�oles-as-s�e �ed�tl�Btvis����«��c������e&v
ee
18 An inspeetion be by the Division
be to t
(b) shall niade a representative of and a written statement
will supplied
19 operator eeneerning the elestffe of the site.
20 When dispesal has been in the
the Division, fufffe
(e) a solid waste site elesed aeeer-danee with fequifetnents
of
21
22 be s ei f ea ; the e s,, .o letter.
23 When dispesal has been in the
the Division, the
(d) a solid waste site elesed aeeer-danee with r-eqttir-efnefAs
of permit
24 is termin4ed. Any ffiture disposal at the site shall require a new perfftit.
25
26 History Note: Authority G.S. 130A-294;
27 Eff. April 1, 1982;
28 Amended Eff. September 1, 1990; February 1, 49881988:
29 Readopted Eff'. January 1, 2021.
30
1ofl

1 15A NCAC 13B .0562 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0562 BENEFICIAL FILL
4 .
5 ,
7 (2) The fill aetivity involves no exc-av-ation.
8
9 with, all ether- appheable Federal, Stat&,--and
10 Leeal laws, or-dim-nees, fules, and fepla4iens, ineluding but fiat limited to zoning festfietions, flood ph-"
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 G.S. 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 (44) the beneficial fill shall be setback from an adjacent property line a distance that allows for slope
23 construction and maintenance in accordance with t44�.., ; Subparagraph (5) of this Paragraph
24 and any local ordinances;
25 (5) the beneficial fill shall be covered with a minimum of one foot of compacted soil and ,graded at a
26 slope ne 4e . tha ratio that shall not exceed three horizontal to one vertical;
27 (6) the beneficial fill [is net exempt ffem, and] shall comply with lwi& all other applicable federal,
28 State, and local laws, ordinances, rules, and regulations, including local zoning restrictions, flood
29 plain regulations, wetland regulations, mining_ regulations, and sedimentation and erosion control
30 regulations;
31 (7) the beneficial fill shall comply with the groundwater quality standards established in 15A NCAC
32 02L; and
33 (8) beneficial fill shall not be placed in waters of the State, or at or below the seasonal high groundwater
34 [] table as defined in Rule .0532 of this Section.
35 (c) Soil generated from properties where there has been no known release of contaminants shall not be subject to
36 regulation as a solid waste. This Rule and the solid waste permitting requirements under this Subchapter shall not
1 of 2

I apply to fill activities solely consisting of soil generated from properties where there has been no known release of
2 contaminants.
3 (d) This Rule and the solid waste permitting requirements under this Subchapter shall [does] not apply to fill activities
4 solely consisting of soil generated from properties where there has been a release of contaminants, if the soil meets
5 unrestricted use standards for soils as defined in G.S. 130A-310.65.
6 O Fill activities using solid waste as the fill material that do not meet the requirements of this Rule are subject to
7 permitting as a solid waste management facility in accordance with this Subchapter.
9 History Note: Authority G.S. 130A-294;
10 Eff. January 4, 499-3 1993:
11 Readopted E,('. January 1, 2021.
12
2 of 2

1 15A NCAC 13B .0563 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0563 APPLICABILIT-V REQ. FOR LAND CLEARINGANERT DEBRIS (LCID)
4 LANDFILLS GENERAL REQUIREMENTS FOR LCIDLFS
5 Maaagefnen4 of 4nd eleai-7ing and inei4 debris shall be in aeeer-danee with the State hier-afehy for- managing selidwast-e
6 as provided fOF tmder- G.S. 130A 309.04(a). Disposal in a landfill is eonsider-ed to be the least desirable method 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 individual pet: nit f em
12 the Division of Solid Waste Management is not r-equifed for- Land Gleafing and lnei4 Debris (LGID)
14
(a) The f4eility is to be apeFated foF the disposal of land elearing waste, inei4 debris, untfeated-
15 wood, and yard trash. Operations must be eonsistent and in eemplianee with the local
lb geiefnment selid waste management plan as appFoved by the Division of Solid 'Ala
17 Managemen4.
19 (c) The faeii4y a -ad pr-aefiees eamply with the siting er-iteria under Rule.0564, and operational
20 0 0 ents tinder- Rule 0566
21 Q(4) The A site :s not exempt ffe , and must shall comply with all other federal, State,
22 and eF Leeal local laws, ordinances, Ruled rules, regulations, and or orders, including but not limite
23 zoning regulations, forms flood plain regulations, rotes; wetland regulations,
24 r-estfiefie sedimentation and erosion control regulations, fequifeffieffts-, and mining regulations.
25 , the following appliesR
26 (a) The owner- of the land where the !a-adfill is leea4ed must fiefify the Division oft a pr-eser-ibed
27 f4m, duly signed, netafized, and r-eeer-ded as per- Sub item (2)(b) of this Rule. The epef
28 .
29 (b) The ovffier- must file the presefibed notifieation form feF r-eeeFdation in the Register- of
30Deeds'Offiee. The Registef of Deeds shall index the notifieation in the granter index und
31
32 eepy ef the recorded nefifieafien, affbied with the Register's sea! and the deAe, beek
33 .
34 ,
35
eanveyed, or- tfansfeffed in any manner-, the deed or- other- insti:umen4 of tfansfer-
36
ean4ain in the deser-iption seetion in no smaller- type than that used in the body of the deed-
1 of 3

9
10 Q)(4) lads ,:dual pefm4s Permits issued by the Division for land clearing and inert debris landfills shall
l l be valid issued for not yeas [years ]-years, and [afe]- hall be subject to the permit
12 fees set forth in G.S. 130A-295.8.
13 (4)(5) A permit shall not be required for a site that meets the following conditions:
14
elearing and inert debris generated solely from, and within the righ4 of way of, North Carolina-
15 Depaft. ent ,.frr..ansp,,Ftatio p eets shallbe subject to two f ii,,wing
16 (a) the site is within the right-of-way of a N.C. Department of Transportation project; [The she
17
18 Depa4ment E)f Transpet4atien, and the site shall be oper-a4ed the N.C. Department o
19 Tfanspei4atiea.] Only waste types as deser-ibed ift Sub item (!)(a) of this Rule may
20 disposed of within the Depaftment afTfanspefta4ion right of way.
21 (b) [The site shall ,.eeept] the site accepts only f'ara�] yard waste and inert debris waste
22 that was generated from within the same N.C. Department of Transportation project right-
23 of -way that the site is located in; [iir.]
24 .
25 (c) the site disposal area shall does not exceed two contiguous acres in sze-size; and
26 (d) Disposal sites shall eemply [T6- -4- shall „ly the site complies with the suing
27 ents of Rule .0564 of this Section. Seel en ept f r ftem (10).
28 (e) Disposal sites afe not subjeet to the r-e"ir-efftents of ftem (2) of this Rule and Rule .0204
29 of this Subehapter,
30 (5) Owners or operators shall not construct or operate more than one site that is exempted from
31 permitting in accordance with G.S. 130A-294(a)(4)a. on my single parcel of land.
32 (6) Within five years of the readopted effective date of this Rule, the owner or operator of a notified
33 LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the
34 requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b)o
35 this Section, except that [elesufe does not rood to be it erdanee with any .glans ASa] the required
36 notification of closure is not required to be certified. For the purpose of this Rule, "notified
37 LCIDLF" means a site that was not required to obtain a permit from the Division prior to the
2of3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
readopted effective date of this Rule because the site was designed and constructed to be two acres
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 4tat afe etiffently pefmitted as demolition landfills afe r-equir-ed te eamply with the
fly
(a) Only waste types as deseribed in Sub item (3)(a) of this Rule may be aeoepted feF disposal,
as of the effeetive date of this Rule unless other -wise speeified in the existing permit.
(b) Operafiens must be in eomplianee with Rule .0566 of this Seefien as of the eff-eetive d4e
of this ale.
(e) E�iisting demolition !andfills must eamply with the siting er-iter-ia r-equir-ements of these
History Note: Authority G.S. 130A-294; ' �n�r 130A-301.1;
Eff. January 4, 499-3-.1993:
Readopted Eff. January 1, 2021.
3 of 3

1 15A NCAC 13B .0564 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0564 SITING CRITERIA FOR LCIDLFSLAND CLEARING AND 1NERT DEBRIS
4 (LGID) LANDFILLS
5 The fellewing siting er-iter-ia shall apply for- Land Clear-ing and ineft Debris (LCIP) : A land clearing and inert
6 debris landfill (site) shall meet the followingsiting iting criteria:
7 (1) Floodplain Restrictions: Restrietio s] Faeilities of p..aetices, [The] A site shall not be located in
8 the 100-year floodplain.
9
10 si3eeies of t3lan4s. fish. of wildlife.
12
13
14
inspeetion at the Department of Enviwnment, Health, and Natural ReseiiFees, Division of Solid
15
Waste Management, 401 ObeFlin Road, Raleigh, Nerth Carolina 27605 w-heFe eopies ean be
16
ebtained t Ho ost
17
Q(4)
Cultural Resources Restrictions: [ [The] A site and site
18
operations shall not damage or destroy . a property of
19
archaeological or historical significance that has been listed on the National Register of Historic
20
Places or included on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300.
21
j
22
(D(5)
State Nature and Historic Preserve Restrictions: [Re s.]-Faeflifies or pYaetiees [The] A site
23
and site operations shall not eae-se-have an adverse impact on
24
. any component included in the
25
State Nature and Historic Preserve pursuant to G.S. 143-260.10.
26
(4)
Endangered and Threatened Species Restrictions: [D estfie fi ns TL o] A site and site operations shall
27
not jeopardize the continued existence of endangered or threatened species or result in the
28
destruction or adverse modification of a critical habitat, protected under the Federal Endangered
29
Species Act of 1973, Public Law 93-205, as amended.
30
(5)
Clean Water Act Requirements: [.e, uir-e eats ] A site and site operations shall:
31
(a) not cause a discharge of pollutants into waters of the United States, including wetlands,
32
that violates any requirements of the Clean Water Act, including the National Pollutant
33
Discharge Elimination System(NPDES,) requirements pursuant to Section 402 of the Clean
34
Water Act, [Act]
35
(b) comply with Section 404 of the Clean Water Act; and [A -et-.]
36
(c) not cause the discharge of a nonpoint source of pollution to waters of the United States,
37
including wetlands, that violates any requirement of an area -wide or Statewide water
1 of 3

I quality management plan that has been approved under Section 208 or 319 of the Clean
2 Water Act.
3
4 (7) it must be shewn that adequate suitable soils afe available for- eevef, either- on site or- ffem Oft or- 09
5 site
6 (8) Land Clearing and inert DebFis landfills shall meet the following suffaee and ground w
7 reams.
8
9 is in violation of the r-equir-eniefAs of the National Polltttan4 Disehar-ge Elifftina4iea System
11 (b) Faeilities or praetiees shall not eause a disehafge of dredged matefials or- fill material in4e,
12
13 Wa4e - Aet, as amended.
14 (e) Faeilities eF pFaetiees shall not ea -use non pein4 souree pollution of wateFs of the state th
15 violates assigned water quality standards.
lb (d) Waste in landfills with a dispesal area grea4ef than two aetvs shall be placed a Fainifilum of
17 four feet above the seasenal high water table, eiieept where an alternative separation is
18 approved by the Division.
19 (e) Waste in landfills with a disposal area less than two acres shall be plaeed above the seasenal
20 high wa4ef table-.
21 (!�)O} Buffer Requirements: LRequirernents.] The f4eility [The] A site shall maintain meet the following
22 buffer requirements:
23 (a) 50 feet from the waste boundary to a waters of the state State as defined in G.S.
24 143-212.
25 (b) 100 feet from the waste boundary dam^& to property lines, residential dwellings,
26 commercial or public buildings, and potable wells.
27 (e)-The Division may establish alternative site -specific buffers in the permit conditions if it is necessary
28 for the preservation of public health and the environment. Buffer- ..e"i -e ffle 4s may be adjusted
30 The site shall establish and maintain an access road around the waste boundary for access by
31 emergency or fire -fighting vehicles and equipment. The faeilit-y shall meet all r-e"irefnents ef
32
33 (8) The site shall have soil available for cover either on site or from on or off site.
34 (9) The site and site operations shall comply with 15A NCAC 02L for protection of groundwater
35 quality. The bottom elevation of the waste shall be no less than four feet above the seasonal high
36 groundwater [table] table as defined in Rule .0532 of this Section.
37
2of3

I History Note: Authority G.S. 130A-294;
2 Eff. January 4, 499-3 1993:
3 Readopted E,('. January 1, 2021.
3 of 3

1 15A NCAC l 3B .0565 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LCIDLFS
4 DEBRIS (LGID) LANDFILLS
5 a� V;. � .f., plans, fnaps, and ro 4s shall r-equired with eaeh„,:ea':enA permit applicant for a proposed
6 land clearing and inert debris landfill (site) permit shall submit to the Division one electronic copy of [^n ^"�_
7 to the Division that] a permit application, which shall contain the following information: The sea' of a „ref ssien '
8 .
9 (1) The fellewing inferfna4ieft is req�tir-ed in order te review and approve the siting ef a Land Clearing
10 and lnei4 Debfis ( rm) !a-adfill! a copy of the deed for the site property, fpfopeAty} including the
11 property owner's name, the parcel identification number, and a legal description of the property;
12 (2)(-a) An an approval letter from the unit of local government having zoning authority over the area where
13 the €aeilit� site is to be located stating that the site meets all-e the requirements of the local zoning
14 ordinance, or that the site is not zoned -zoned;
15 0(b) T ^^motion on a county road map showing the location of the site;
lb (e) information showing dia4 the bottom elevation of the waste shall be four feet above the seasonal
17 high water table. Seasonal high water table elevations shall be obtained from en site test borings,
18 test pits, or- ftem other- geelegieal or water table kwestiga4ions, sttidies, or- reports from the
19 immediate area of the proposed f4eility.
20 (4) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
21 Department off ' Natural and Cultural Resources stating whether the proposed use of
22 the property will impact the historic sites described in Rule .0564(a)(2) of this Section; State nature
23 and historic preserves described in Rule .0564(a)(3) of this Section; or the endangered or threatened
24 species described in Rule .0564(a)(4) of this Section located at the site; [anal]
25 L2Ed3 A vffit4en fepei4 ifidiea4ing that the fiaeility shall eemply with all the requirements set fai4h tmder a
26 description of how the site will comply with Rule .0564 of this Seetion.Section-,
27 (e) A eepy of the deed or- othef legal deser-iptieft of the site that would be suffieiefft as a deser-iptio
28 an instpament of eenveyanee, showiingpropeAy ownei's name.
29 '()Any vtheF informatien peftinent to thehesuitabili y of the pr-eposed f4e-il
30 (62(2) The following shall be pfeviaed on a map or aerial photograph photograph, representative of
31 existing conditions, with a scale of at least [ne man] one inch equals 400 €ems feet
32 showing the followingin n an area within one-fourth mile of the site:
33 (A)(a) €ntir-e the entire property or portion thereof wAffle !eased by the person providing the
34 disposal site. where the site is proposed to be located; [lee-ated.]
35 BI(b) Leemien the location of all homes, buildings, public or private utilities, roads, wells,
36 watercourses, water or other impoundments, and any other ale features ordetails.
1 of 4

that the Division may reauest in writine if it is necessary to determine compliance with this
2
Subchapter;
3
LQ(e)
the 100-year floodplain €leedi4airrboundaries, if any;
4
n(,d)
Wedand 1_^,,,.,1afies, :f any. boundaries of wetlands as defined in Section 404(b) of the
5
Clean Water Act, if any;
6
E)(e)
uister- eal or r-ehaeologie^' sites tfan) . the boundaries of sites described in Rule .0564(2)
7
and (3) of this Section, if any, [an-y]
8
(f)
Parkseenie,er-eafi n area 1.o,,...7aries i fefl..
9
Q(3-) r,o.. e development and design plans and details, drawings for the site, at a scale of at least
10
[me less than] one inch equals 100one h;;1„ fed eet,
l l
and with specifications containing the following information: i fe,.,.,,.f an shall be subfnit4ed with
12
the ., ,,.1ieatio
for- ., pfopes^a Land !'leaf;,..g a -a lnei4 Debris (T CID) landfill,
13
LAI(a4
Pr-apei4y or- site —property boundaries, 1_^,,,.,1, fy, f A"3 dimensioned with bearings and
14
distances, tied to North Carolina grid coordinates where available; reasonably fe^
15
(Bj(b)
Easements and Fights of way. easements and rights -of -way;
16
(Q(O
>=.dsfi g pei4 e . and adjacent structures such as houses, buildings,
17
wells, roads and bridges, water and sewer utilities, septic fields, and storm drainage
18
featufes. features-,
19
LM(4)
Prepesed-proposed and existing roads, points of ingress and egress, and eD_c& ��
20
access eapAral controls such as gates, fences, or berms;
21
LQ(e)
B*fk€ r—buffer and set back lines aleng with thee and buffered boundaries or features;
22
boundary r fe., W,
23
(D(#)
springs Spfing-s-, streams, creeks, rivers, ponds, and other surface waters and
24
impimpoundments;
25
LG)(g4
Wetlands, if . wetlands, if any:
26
LW(h)
14ouedai boundary of the proposed waste ;area;
27
(1)
the proposed bottom elevation of the waste in relation to the seasonal high groundwater
28
jtable;] table as defined in Rule .0532 of this Section;
29
fJ (i)
Ding existing topography with contours at five-foot five fee t intervals.
30
Where neeess ry ^ A smaller interval shall be utilized if it is necessary to clarify existing
31
topographic "^ems. conditions;
32 CK)q) Proposed proposed excavation, grading, and final contours at a fninimum of five-foot €we
33 feet intervals. A smaller interval shall be utilized if it is necessary to
34 clarify proposed grading. Excavation, grading, and fill material side slopes shall not exceed
35 a ratio of three horizontal to one vertical; one (3 i 1).
36 LQ(k) e where an on site on -site borrow p Ltt for operational and final cover is proposed,
37 indicate the borrow pLt excavation and grading plan with contours at five-
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l
foot five feet intervals. A smaller interval shall be utilized if it is
2
necessary to clarify proposed gr-adinx�agr ding;
3
M(4)
Proposed proposed surface water control features and devices such as slope drains, storm
4
water pipes, inlets, culverts, and channels;
5
ON (Fr)
infeftnatia information showing that the project meets the requirements of 15A NCAC
6
04 for sedimentation and erosion control; f^^^`•'^', ,:,,doh neer-por-atedby Fef re
7
ineluding subsequent amendments and editions;]
8
Rules.
9
(0(*)
Leeatiee location of test borings or test pits, if used to determine the seasonal high
10
groundwater water- able elevation; and elev 4ie shall be shown an the plans.
l l
O(e)
^ mininnffn of no less than two cross -sections, one each along each major axis, per
12
operational area showing original elevations, proposed excavation, and proposed final
13
elevations; sag:
14
(i) Original elevations.
15
(ii) Proposed exeavatien-.
16
.
17
(8)(4)
an operations plan addressing the requirements unde in Rule .0566 of this Section
18
that shall contain and eentaining the following information: in f ,.m ation .,hall be ..,.1.mitte with the
19
.
20
LAI(a)
Name,the name, address, and -phone eee3henumber, and e-mail address of the site owner
21 and operator; individual responsible for- operation a -a ri ..mange of the f eilit ,
22 (b)PFejeeted use of the land after eempletien.
23 (B)(0 Deser-iptiea description of systematic usage of disposal area, operation, and development
24 of the site and ^'^sure of the landfill.
25 (Q(d) the Me, source, and quantity of waste to be eeeepted-accepted; and
26 LW(e} An an emergency contingency plan, including fire -fighting procedures; fif rg
27 pie
28 (9) a closure and post -closure plan addressingthe he requirements in Rule .0567 of this Section that shall
29 contain the following information:
30 (A) the procedures and schedule for closure of the site,
31 (B) the projected use of the property after closure of the site; and
32 (C) the procedures and schedule for post -closure care maintenance, and for post -closure
33 groundwater, surface water, or explosive gas monitoring if it is required by the Division to
34 determine compliance with Rule .0566(l 1,) or (13) of this Section; and [geetiepr.}
35 (10) other information that the Division may request in writing if it is necessary to determine compliance
36 with the rules of this Subchapter.
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1 (b) If required by G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional
2 engineer or licensed geologist shall certify the information submitted in accordance with Subparagraphs (a)(6) through
3 (a)(10) of this Rule.
4 (c) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
5 (d) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
6 the permit [when the permit is issued by the Division] and the site shall comply with the permit in accordance with
7 Rule .0203(d) of this Subchapter.
8 (e) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
9 permit ] by submitting [the] a written request to the
10 [Division, including] Division that includes the modified plan and a demonstration showing how the proposed
11 modifications comply with the rules of this Section. The Division shall respond to the request in writing within the
12 timeline provided in G.S. 130A-295.8(e); [' 30 ^ 295.9(e)-li and the response shall either approve or deny the request
13 as submitted or request that additional information be submitted for the Division to consider the request. The
14 Division's approval shall be based on whether the modification complies with the rules of this Subchapter. If the
15 Division approves the request as submitted or upon receiving the additional information requested, the Division's
16 written approval and the revised pages of the plan shall be added to the site's operating record. The owner or operator
17 shall not implement the modification until the Division has issued an approval.
18 (fl The permit issued by the Division shall be recorded with the Register of Deeds in the same manner as sanitga
19 landfills in accordance with G.S. 130A-301.
20
21 History Note: Authority G.S. 130A-294;
22 Eff. January 4, 499-3-.1993:
23 Readopted Ee ff. January 1, 2021.
24
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1 15A NCAC 13B .0566 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0566 OPERATIONAL REQUIREMENTS FOR LCIDLFS
4
5
Land r leai-ling an
I*ei4 Debris it CIP) !andfills The owner or operator of a land clearing and inert debris landfill
6
ksite 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
Oper-afienal be fellewed for the faeility.
0)
plans shall approved and as speeifted
9
Ll )(2)
The €aeih site shall only accept those solid wastes that "iek it is permitted to receive.
10
Q(3)
Solid waste in the landfill shall be compacted. -est fete to the smallest area feasible and ,.,.m..aetea
11
as densely as pr-aetieal ii#e . Slopes shall not exceed a ratio of three horizontal to one vertical
12
JF9ie4at any time.
13
(D(4)
All waste shall be covered with no less than six inches of soil monthly, "ao,.uat s���
14
applied monthly, or when the workingface ace ^reaches one acre in size, whichever occurs
15
first. Any soils used for cover at [a} the site shall meet unrestricted use standards for soils as defined
16
in G.S. 130A-310.65.
17
(4)(5)
18
pefmit, the disposal afea Areas that will not have additional wastes placed on them for three months
19
or more, but where final termination of disposal operations has not occurred, shall be covered with
20
Porno less than one foot of suitable soil cover sloped to a-lle direct the flow of surface
21
water from the landfill, and stabilized with ve etg ative ground cover or other stabilizing material.
22
Funeff in ^ eontrolled manner. The Division may require further action Ito correct any
23
condition that the Division determines is-e--may beeeme be injurious to the public health, or
24
a nuisance to the community.
25
(5)(6)
fie -erosion control measures, structures, or devices shall be utilized to prevent silt from
26
leaving the site and to prevent excessive an site ere on. on -site erosion, and shall comply with 15A
27
NCAC 04. [
28
Provisions for to be 30
(7)
a gfound eever- suf4eieat r-estfain erosion Must shall aeeemplished within
29
working days or 120 ealendar days upen eompletion of any phase of landfill development.
30
(0(8)
The €aciliyy site shall be adequately secured by barriers such as gates, chains, berms, and
31
fences fenees, ete. to prevent unauthorized access. . An
32
^operator shall be on duty at all times while the site 1andfi11 is open for public use to assure
33
compliance with operational requirements and to prevent acceptance of unauthorized wastes.
34
QM
Access roads shall be of all-weather construction and shall be maintained to allow access by vehicles
35
transporting waste, Department staff, and fire -fighting vehicles. pfepe ly-g .rota. oa
36
J�J("
Surface water shall be diverted from the working face and shall not be impounded over waste.
37
(D(M
Solid waste shall not be disposed of in water.
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I (10)(12) Fire Protection and Control.
2 (a) Open burning of solid waste is p prohibited, unless approval has been obtained
3 from the Division, the local government, and the Division of Air Quality in accordance
4 with 15A NCAC 02D .1900 prior to any burning activity_.
5 (b) Hot ashes, [h^+'^^a^, �r i ao s] cinders, and waste that is smoldering, smoking, or burning
6 shall not be disposed of in the landfill. The waste screening procedures described in the
7 operations plan in accordance with this Rule shall address identification and rejection of
8 this waste. [leads eentaining het ashes and einders.]
9 (c) The owner or operator shall provide equipment on -site to control fires and make
10 jam] arrangements with a local fire protection agency to provide fire -fighting
l l services.
12 ( The owner or operator shall provide verbal notification to the Division of fires that occur
13 at the site within 24 hours of the fire and shall submit written notification to the Division
14 within 15 days of the fire. The notification shall include the site name and permit number,
15 the date and time of the fire; actions taken by the owner or operator in response to the fire;
16 the cause of the fire; the location and size of the fire; the [ type and amount of
17 waste that caught fire; [ate] a plan of action to prevent fires in the future; the name and
18 title of the person submitting this information; [ice and the date the information
19 is submitted.
20 11 "The concentration of explosive gases generated by the site €ae44y shall not exceed: [exceed]
21 (a) twenty-five ive [2-5} five percent of the lower explosive limit for the gases in €aeility
22 struetffes. site structures; or
23 (b) The the lower explosive limit for the gases at the property boundary.
24 The Division may require quarterly monitoring of explosive gases if it is necessary to determine
25 compliance with this Item. If the Division requires monitoring, the Division shall provide written
26 notice of the requirement to the owner or operator.
27 12 "Leachate shall be contained and managed on -site. [eesite ] T o.,,.hate shall be ,.fape,.'..managed E�
28 site thfough the use ,.F,.,,ff en4 best f o eR4 p etiees
29 1�3){�Sj [A} The site shall comply with 15A NCAC 02L for the protection of groundwater quality, and the
30 surface water quality standards established in 15A NCAC 02B. She:,'a the „:., sio ,gee.,. it
31 , may be required as pr-evided fer- tmde
32
33 (U4 00 A sign shall be posted at the €aeility site entrance showing the site een4aet contact's name and phone
34 number, the permit number, emergency
35 contact information, and the waste types accepted for disposal at the site. The ,.oFfflit ...•w,�o
2of3

1 (15) Inert debris waste accepted at the site shall be placed within the permitted landfill footprint unless
2 it is being processed for recycling or Lbeaefi&ia4} reuse. Inert debris waste shall not be placed as
3 beneficial fill as defined in Rule .0562 within the site buffer areas or elsewhere on the property
4 unless stated in the site permit.
5 (16) The owner or operator shall submit to the Division upon written request any information or records
6 required to be kept under the conditions of the permit or the rules of this Section.
8 History Note: Authority G.S. 130A-294;
9 Eff January 4, 499-3 1993:
10 Readopted E,('. January 1, 2021.
11
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36
15A NCAC 13B .0567 is adopted with changes as published in 35:04 NCR 451 as follows:
15A NCAC 13B .0567 CLOSURE AND POST -CLOSURE CARE REQUIREMENTS FOR LCIDLFS
(a) The owner or operator of a land clearing and inert debris landfill (site) shall implement the closure of the site in
accordance with this Rule and the closure and post -closure plans incorporated into the permit in accordance with Rule
.0565(d) of this Section. The owner or operator shall notify the Division no less than 90 days prior to the expected
closure of the site.
(b) Closure Requirements.
(1) The owner or operator of a site shall begin closure activities no later than 30 days after the final
receipt of wastes. Closure activities shall include the following:
(A) covering the The disposal area shall be eever-ith no less than one foot of soil cover
sloped to direct the flow of surface water from the Iendfill landfill;
(B) stabilizing the soil cover and stabilized vegetative ground cover or other stabilizing
material —.material; and
(C) any closure activities included in the closure and post -closure plan incorporated into the
permit.
(2) The owner or operator of a site shall complete the closure activities in aeeer- anee with the elos,. ,o
ce��within 120 days after beginning the closure activities as specified in
Subpara rg anh (1) of this Paragraph. of
(3) Within 30 days of completion of closure of the site, the owner or operator shall submit to the
Division a certification verifying that closure has been completed in accordance with this Rule. the
Elesufe p! If required by G.S. 89C, the certification shall be completed by a licensed professional
engineer.
(4) 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.
(c) Post -Closure Care Requirements.
(1) Following closure of the site, the owner or operator shall conduct post -closure care in accordance
with the closure and post -closure care plan incorporated into the permit in aeeer- anee with Rule
0565O of thiceetio,, and the following requirements:
(A) maintenance of the ap system, including making repairs
to the cover to correct the effects of settlement, subsidence, erosion, or other events, and
preventing surface water run-on and run-off from eroding or otherwise damaging the cap
system;
(B) maintenance of the vegetative cover of the cap, and ensuring that trees and other woody
vegetation do not become established on the cap;
1 of 2

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(2)
(3)
(4)
History Note:
(C) maintenance of vehicle and fire -fighting lanes to allow access to the entire waste boundary
of the site;
(D) groundwater, surface water, and explosive gas monitoring in accordance with the closure
and post closure care plan, if it is required by the Division to determine compliance with
Rule .0566(11) or (13) of this Section;
(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
(F) any additional actions that the Division may r-eqttir-e request in writing if the Division
determines that the actions are necessary to correct any condition that the Division
des -may be injurious to the public health or a nuisance to the community. In making
this determination, the Division shall consider the compliance history of the site, the
circumstances and use of properties adjacent to the site, the use of groundwater and surface
water downgradient of the site, and agy groundwater, surface water, and explosive gas
monitoring results.
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.
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.
Post -closure care shall be conducted for 10 years.
Authority G.S. 130A-294;
Eff January 1, 2021.
2 of 2

1 15A NCAC 13B .0601 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0601 GROUND [xl A TT'i D GROUNDWATER MONITORING
4 (a) This Rule shall apply to a sanitary landfill that is not subject to Rules .0531 through .0546 or Section .1600 of this
5 Subchapter (site). [(hereina€ter "si This Rule shall apply for the life of the site and the post -closure care period
6 of the site.
7 (b) rAj The site shall be subject to the groundwater requirements and standards in 15A NCAC 02L .0101 through
8 .0114 and 15A NCAC 02L .0201 through .0202. The site shall not cause an exceedance of the groundwater quality
9 standards and interim maximum allowable concentrations established under 15A NCAC 02L .0202 in the uppermost
10 aquifer at the review boundary or compliance boundary as established in 15A NCAC 02L .0107 and .0108.
11 c The site shall provide such ground wate�
12 groundwater monitoring capability as the Division determines to be necessary to detect the effects of the site €aeility
13 on groundwater in the area. In making such a determination, the Division shall consider the following
14 factors:
15 (1) the design of the sib [site' the nature of the processes it will use, and the type of waste it
16 will handle;
17 (2) soil and other geological conditions in the area;
18 (3) nearness of gr-etmd groundwater to the site; €aei,
19 (4) uses that are being or may be made of any gfetmd-watergroundwater that may be affected by the
20 site; €aeility; and
21 (5) any other factors that prelate to the potential for gret��groundwater effects from
22 the site. €aeiliyy.
23 (b) Respensibilit-y fer- sample eelleefieft a -ad analysis will be defined as a pai4 ef the pefmit eeftditi
24
25 will ber-eqiiired.
26 (d) A411-The construction of monitoring wells r-equired „„r,.. ant to this Rule shall comply with
27 eanstFuetian stand Ms E)F 15A NCAC 2C .0105 02C .0108. Copies�iSA NCAC X=stain a from an
28 inspeeted a4 the Division.
29 (e) The owner or operator of a site shall submit a A -record of the monitoring well installation shall be filed .:with to
30 the Division upon completion of the installation. monitoring wells-.
31 (f) Gr-etmd-w4er quality monitoring wells shall be eenstmeted of materials, and by procedtffes, approved by
32 Division.
33 [(f) The site shall net ea -use an e*eeedamee of the gr-aundwa4er- Ejuality standaMs a -ad inter-im mwEimum allowable
34
36
37 History Note: Authority G.S. 130A-294;
1 of 2

I Eff April 1, 1982;
2 Amended Eff. September 1, 1990; August 1, 1988; January 1, 498-5-.1985;
3 Readopted E,('. January 1, 2021.
2 of 2

I 15A NCAC 13B .0602 is readopted with changes as published in 35:04 NCR 451 as follows:
2
3 15A NCAC 13B .0602 SURFACE WATER MONITORING
4 (a) The Division shall ro o 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).Rhereina€ter"sitel)j This Rule
6 shall apply for the life of the site and the post -closure care period of the site.
7 (b) The owner or operator of [a} the site shall provide such surface water monitoring capability as the Division
8 determines to be necessary to detect the effects of the site €aeiii� on surface w er i the are waters contained on or
9 bordering the site property. In making stteh this determination, the Division shall consider the following factors:
10 (1) the design of the site. fiw4W, the nature of the pr-eeess processes it will use, and the type of waste
11 it will handle;
12 (2) drainage patterns and other hydrological conditions in the area;
13 (3) nearness of surface water to the site; €ae
14 (4) uses that are being or may be made of any surface water that may be affected by the site; €aeiIit}
15 and
16 (5) any other factors that reasonably relate to the potential for surface water effects from the site. €aeilit�
17 (b) Responsibility fer- saffTle eelleefien a -ad analysis will be defined as a pa -A of the permit eenditi
18 (e) Any other- inf4ma4ion tha4 the Division deems peAinent to the development of a stir-faee wa4er- mo
19 ,:'��"ired.
20 (c) The site shall not cause an exceedance of the surface water standards established under 15A NCAC 02B .0200.
21 11f a suffaee water- quality standafd is not established in 15A NGAG 02B .0200 for- any deteeted eanstituent e-r-
22 paFameter, the owner- or- operator- shall obtain a determination from the Division on establishing a suffaee water
23
24
25 st ]
26
27 History Note: Authority G.S. 130A-294;
28 Eff. April 1, 4L . 1 882;
29 Readopted E f. January 1, 2021.
loft

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12
13
15A NCAC 13B .0701 - .0706 are repealed through readoption as published in 35:04 NCR 451 as follows:
15A NCAC 13B .0701 ADMINISTRATIVE PENALTIES
15A NCAC 13B .0702 STANDARDS
15A NCAC 13B .0703 PROCEDURE FOR ASSESSMENT: REVOCATION OF PERMIT
15A NCAC 13B .0704 PAYMENTS: HEARING
15A NCAC 13B .0705 STAY OF PENALTY ASSESSMENT
15A NCAC 13B .0706 WAIVER OF ADMINISTRATIVE HEARING
History Note: Authority G.S. 130A-2269;
Eff. April 1, 1982;
Amended Eff. September 1, 1990; February 1, 1988; May 1, 1987; October 1, 49,94-1984;
Repealed Ejf. January 1, 2021.
lofl

I 15A NCAC 13B .1301 is repealed through readoption as published in 35:04 NCR 451 as follows:
3 15A NCAC 13B .1301 MANNER OF DISPOSITION OF FETAL REMAINS
5 History Note: Authority G.S. 130A-309.26;
6 Eff. October 1, 1990;
7 Temporary Amendment Eff. December 22, 1997;
8 Amended Eff. April 1, 4999-1999;
9 Repealed Eff Januaty 1, 2021.
lofl