13B_.0531-.0547.1600_FiscalNote

C-1
FISCAL NOTE
READOPTION AND AMENDMENTS TO 15A NCAC 13B
REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION DEBRIS AND
REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES
January 5, 2020
General Information:
Agency: Environmental Management Commission
Department: Department of Environmental Quality
Division of Waste Management
Solid Waste Section
Contacts: Sherri Stanley
Permitting Branch Head
[e-mail]
[phone]
Perry Sugg, P.G.
Environmental Compliance Branch
[e-mail]
[phone]
Jessica Montie
Environmental Program Consultant
Solid Waste Section Rule -Making Contact
Jessica. [e-mail]
[phone]
Title of Rule Requirements for Construction and Demolition Debris Landfill Facilities
Set:
(CDLFs) and
Requirements for Municipal Solid Waste Landfill Facilities (MSWLFs)
Citations:
15A NCAC 13B .0531 - .0545, .0547
15A NCAC 13B .1601 - .1627, .1629 - .1637, .1680
Authority:
G.S. 130A-294; G.S. 15013-21.3A
Impact
- Requires expenditure, distribution, or reallocation of State funds? Yes,
Summary:
but minimal, mostly state staff time
- Impacts local government expenditures or revenues? Yes
- Substantial Economic Impact? No
- Private Industry Impact? Yes
- Federal Requirement: State program approval for 40 CFR 258

C-2
Proposed Rule -Making Schedule:
Date
Action
7/10/2019
GWWMC Meeting: Approval of proposed text to go to EMC.
01/09/2020
EMC Meeting: Approval of rule text and regulatory impact
analysis for public comment.
02/17/2020
Rules published in NC Register and Agency website
Comment Period Begins.
03/03/2020
Earliest date for public hearing.
04/17/2020
Comment Period Ends.
05/14/2020
EMC Meeting: Approval of Hearing Officer's Report and
Ado tion of Rules.
06/18/2020
RRC meeting: Approval of rule text
07/01/2020
Earliest effective date for rules.
Purpose/Necessity of Rule Changes:
The Division of Waste Management (Division) Solid Waste Section (Section) is
responsible for regulating solid waste management within the state under the statutory
authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General
Statutes. Rules governing solid waste management adopted under this authority are
codified at Title 15A, Subchapter 13B of the North Carolina Administrative Code.
Pursuant to G.S. 130A-294(a)(4), the Division has the authority to develop a permit
system governing the establishment and operation of solid waste management facilities
through permit conditions. These rules are proposed for readoption in accordance with
G.S. 15013-21.3A, and are required to be readopted by the deadline set by the Rules
Review Commission of April 30, 2021. The Division is proposing readoption with
amendments to the following rulesets:
• 15A NCAC 13B .0531 - .0547
Requirements for Construction and Demolition Debris Landfill Facilities (C&DLFs),
and
• 15A NCAC 13B .1601 - .1680
Requirements for Municipal Solid Waste Landfill Facilities (MSWLFs).
See Appendix for proposed rules changes.
The Requirements for Municipal Solid Waste Landfill Facilities (15A NCAC 13B .1601-
.1680) govern the permitting procedures, siting, design, construction, operation, closure,
long-term care and environmental monitoring of municipal solid waste landfill facilities.
The rules were first adopted in October 1993 in response to promulgation of US EPAs
RCRA Subtitle D requirements and 40 CFR 258, and are necessary for the Division's
delegated solid waste program authority. To obtain and retain program approval for

C-3
municipal solid waste landfills, Section .1600 must comply with 40 CFR 239 —
Requirements for State Permit Program Determination of Adequacy, Subpart C; and must
be no less restrictive than 40 CFR 258 Criteria for Municipal Solid Waste Landfills. Since
the Division received program approval for permitting and regulating the MSWLFs after
the promulgation of the rules in Section .1600 in 1993, the Division has submitted these
proposed rules to the US EPA for review to ensure that the existing program approval is
not affected. Rule .1628 "Financial Assurance Rule" is addressed in a separate rule
package for financial assurance, and the impact of any changes is addressed in a
separate fiscal note.
The Requirements for Construction and Demolition Debris Landfill Facilities (15A NCAC
13B .0531 - .0547) include permitting procedures and criteria for siting, design,
construction, operation, closure, long-term care and environmental monitoring of
construction and demolition debris landfills. These Rules were originally adopted in
January 2007; and are very similar in structure and content to the Rules that govern
MSWLFs. Rule .0546 "Financial Assurance Requirements for C&DLF Facilities and
Units" is addressed in a separate rule package for financial assurance, and the impact of
any changes is addressed in a separate fiscal note. Rule .0547 is proposed for repeal as
the requirements are no longer necessary.
The Division is proposing to amend these Rules to remove language that is no longer
necessary, clarifying and correcting ambiguous, redundant, and dated language and
definitions, and consolidating siting, design, operational, and permitting requirements that
are not included in the existing rule language, but are required by permit condition or
general statute, or reflect common practice. Only a few of the amendments constitute
substantive changes. This regulatory impact analysis has been developed to summarize
and show the regulatory impact of the proposed substantive changes.
The Division also made changes in response to comments received prior to the drafting
of rule amendments from the National Waste and Recycling Association (NWRA) in
October 2015, from the NC Solid Waste Association of North America (SWANA) in
October 2019, and also from two comments received during the publication of the
Periodic Review of Existing Rules Report in September 2016.
Baseline:
The baseline for the proposed readoption of rules 15A NCAC 13B .0531 - .0546
Requirements for Construction and Demolition Debris Landfill Facilities and .1601- .1680
Requirements for Municipal Solid Waste Landfill Facilities is the existing 15A NCAC 13B
.0531 - .0547 and .1601- .1680 rules, Article 9 of Chapter 130A of the general statutes,
and the permits issued by the Division of Waste Management for these facilities, and any
local ordinances. In the absence of these rules, the facilities would still be required to
comply with the requirements of Article 9 of Chapter 130A and the permits issued by the
Division pursuant to G.S. 130A-294. Municipal solid waste landfill facilities would also be
required to comply with the federal requirements in 40 CFR 258 in the absence of the
rules in Section .1600.

W1
In the absence of these rules, these landfill facilities would also still be required to comply
with multiple other federal regulations and North Carolina general statutes and the rules
promulgated thereunder for the location and operation of the facility. The existing rules
contain multiple references to these requirements for ease of review and/or information
only, and the proposed rules add additional similar and updated references for recent
changes to statutes, for ease of review and/or information only. Some examples of these
referenced regulations are as follows (this list is not comprehensive):
Federal Regulations:
The Clean Water Act
The Safe Drinking Water Act
The Endangered Species Act
Marine Protection, Research, and Sanctuaries Act
National Historic Preservation Act
40 CFR 61(M) for handling of asbestos
40 CFR 258 for MSWLF (the Division has permit program approval via rules in Section
.1600)
NC General Statutes:
For solid waste management landfills: G.S. 130A-22, 130A-23, 130A-290, 130A-294,
130A-295.2, 130A-295.3, 130A-295.5, 130A-295.6, 130A-295.8, 130A-301, 130A-303,
130A-308, 130A-309, 130A-309.09D, 130A-309.10, 130A-309.25, and 130A-309.27.
S.L. 2007-543 and S.L. 2007-550 affect the effective dates of some of the statute
changes, which is why we reference them in the rules.
S.L. 2018-65 required a change to Rule .0544 that is being made as a part of the
readoption process.
For professional licensing: G.S. 89C and 89E
Other NC Administrative Code.-
15A NCAC 02B or Surface Water Protection
15A NCAC 02C for Monitoring Well Construction
15A NCAC 02L for Groundwater Protection
15A NCAC 04C for Sedimentation Control
Note that 15A NCAC 02L .0106(d) regarding corrective action for groundwater protection
provides specific requirements for activities conducted under the authority of a permit
initially issued by the Department on or after December 30, 1983 pursuant to G.S. 143-
215.1 or G.S. 130A-294 that results in an increase in concentration of a substance in
excess of the standards established under 15A NCAC 02L .0202.

C-5
Permitted Facilities Potentially Affected by the Rule Changes:
Rule changes would potentially affect owners and operators of MSWLFs and C&DLFs
permitted by the Division and regulated by the existing rules, and include the facilities
listed below:
• 42 Municipal Solid Waste Landfill Facilities
o 36 Local government -owned (3 of which are privately operated)
0 5 Privately -owned
0 1 Federally -owned
• 51 Construction and Demolition Landfill Facilities
0 37 Local government -owned (15 of which are C&DLF on top of MSWLF
and are subject to MSWLF rules)
0 14 Privately -owned (1 lined)
Impact Analysis:
The majority of changes to both the C&DLF and MSWLF rulesets are administrative
in nature, consisting of technical corrections, updates to information such as
Department names, addresses, websites, and references, clarification of vague or
unclear language, and removal of redundant or unnecessary language, and are not
substantive changes. Other proposed amendments eliminate out-of-date requirements
related to transitioning facilities existing at the time of original rule promulgation;
incorporate references to general statute requirements for siting, design, operation, and
permit processing to reflect changes that have occurred in statute, update definitions to
avoid redundancy between definitions in statute, in 15A NCAC 13B .0101, and in
Rules .0532 and .1602; and modify the rules to reflect life -of -site permitting as required
by statute changes in 2015. These proposed amendments provide benefits to landfill
owners and operators mainly in terms of clarification of requirements and result in no
fiscal impacts.
Proposed amendments to Rule .0531(e) and Rule .1601(d) incorporate by reference all
federal regulations cited throughout the rule sections, including subsequent
amendments and editions. Any future changes to the cited federal regulations that
would change the requirements in 15A NCAC 13B Rules .0531 through .0547 or
Section .1600 is not addressed by this fiscal note or any future fiscal note.
Proposed amendments to Rules .0532 and .1602, Definitions, provide clarification by
adding the introductory statement that all definitions provided in Article 9 of Chapter
130A of the General Statutes and the definitions in Rule .0101 of Subchapter 13B apply
to the rule sets for these facilities, in addition to the definitions in Rules .0532 and .1602.
Some definitions in these rules are proposed to be deleted because definitions for these
terms already appear in the general statutes or in Rule .0101 (and in some cases
differed from the definitions in these rules, such as the definition for "leachate"), or
because the term is not used in these rules.
The proposed amendments also move some definitions from other locations in the rules
to the .1602 Definitions Rule, such as "unstable areas," and the definitions for the terms

M
found in that definition ("areas susceptible to mass movement," "karst terranes," "poor
foundation conditions", and "gas condensate"). Note that 15A NCAC 13B .0101 will also
be readopted with amendments to some of the definitions at a later date.
Proposed rule amendments related to life -of -site statute changes, post -closure
certification, closure permits, groundwater, surface water, asbestos management,
leachate, and explosive gas monitoring and corrective action are considered substantive
and require further discussion. A description of these proposed changes, implementation
costs, and expected benefits are described in further detail below.
General Amendments in Response to Life of Site Statutory Cha
Session Laws 2015-241 and 2015-286 made changes to G.S. 130A-294 to require that
permits for sanitary landfills and transfer stations be issued for the life -of -the -site instead
of every five years. Following the statute changes, 15A NCAC 13B Rule .0207 "Life -of -
Site Permit Issued for Sanitary Landfill or Transfer Station" was adopted in 2016 to
conform to the statute change, and a regulatory impact analysis for this rule change was
prepared at the time. Proposed amendments to the rules for MSWLFs and C&DLFs
landfills are included to update the language to conform to the revised statute and Rule
.0207 for permit length.
In amending the rules to reflect life -of -site permitting, the Division is eliminating the
requirement for facilities to limit construction to five-year phases and eliminating the
requirement for facilities to obtain a permit amendment every five years. The proposed
rule accommodates facilities that wish to prepare and submit permit applications and
plans that represent the entire planned life -of -site, and also accommodates facilities that
may choose to continue to prepare and submit permit applications and plans with shorter
projections, allowing the facility to choose any stage/phase of landfill development (such
as 5, 10, or 20+ years) up to 60 years, but no less than 5 years. The amendments clarify
that facilities that choose to continue planning in shorter phases would need to (and would
be able to) continue to submit permit amendment applications for the next stage/phase
of development, once the stage/phase that the facility previously planned and submitted
is completed.
While some facilities may have the means or ability to plan as far ahead as 60 years,
other facilities, such as those owned or operated by local governments, may not have the
ability or the immediate access to funding to plan the landfill's stages/phases that far
ahead in one application at their next permit renewal (for most facilities this would be
before 2024), even though the Division is required to issue a permit to these facilities that
is technically for the life -of -site. Since the statute was amended to require life -of site
permits, the Division has been issuing permits that state that they are for "life -of -site",
however none of the life -of -site permits that have been issued to date have actually
included plans for the full 60-year life -of -site or the full capacity of the site property, and
therefore all of the facilities that have been issued a life -of -site permit to date will, at some
point in the future, need to submit an application for a permit amendment with siting,
design, and construction plans for the full remaining life of the site, up to 60 years.

C-7
As the majority of permitted MSWLFs and C&DLFs in North Carolina are owned and/or
operated by local governments (36 of 42 MSWLFs and 37 of 51 CDLFs), the Division is
attempting to provide these facilities the flexibility they need to continue planning and
applying for permits as needed and/or as they are able. The proposed amendments
provide a benefit to the facilities since they do not require the next permit application
submittal to include plans for the full life of the site, but instead give facilities the choice
at their next permit renewal to either complete the engineering and construction planning
for the entire life of the site; or they may complete the planning and submit applications
on their own schedule (but no less than every five years). The benefits would be difficult
to quantify since the Division cannot predict how the applicants will choose to submit their
applications, and permit applications are site -specific and have many variables based on
site location and the operations and additional waste management activities that the
facility is electing to conduct at the site.
Any permit application submitted would be considered and treated as a permit
amendment or modification as allowed to be submitted in existing Rules .0533(a)(2), (3),
and (4) and .1603(a)(2) and (3); and as will continue to be allowed under the proposed
amendments to these rules. For permit applications that are not a new permit, the
applicant generally can utilize the majority of a previously submitted application as a
template, and just modify the sections that are changing. Also, since the statutory change
to life -of -site permitting, these facilities by statute are not required to pay individual permit
application fees for submittal of a permit application that is not a new permit, and they pay
an annual permit fee instead, so any additional application submittals would not incur
additional permit application fees. The Division roughly estimates that the cost of
preparing and submitting one elective permit application that is not a new permit for an
MSWLF or C&DLF, assuming a five-year operating period, could range from $50,000 to
$100,000, the bulk of which is associated with evaluating the site hydrology and geology
that provides the basis for design of the landfill and groundwater monitoring system.
However, it can be inferred that the benefit per facility is at least as great as the cost of
multiple applications, and therefore, given the flexibility provided in the rules, the net
benefit is positive.
Amendments to Application Requirements in Rules .0535(a) and (b) and .1617(a) and (b)
(a) Description and Rationale:
Proposed amendments to Rule .0535 changed the terminology used for differing types of
permit applications to be consistent with the definition of "new permit" in G.S. 130A-
294(a3), and to clarify that only certain types of new permits would require that all
documentation be resubmitted in an application. If a permit application that meets the
statute definition of a new permit is only proposing to change the area to be served by
the facility or the amount of waste received, then they only have to submit an updated
facility plan, local government approval, and corporate ownership organizational chart
and environmental compliance history, and they are not required to resubmit all of the
plans and the site suitability study if these documents are not changing, and the Division
already has them on file. The amendment puts into rule what is already generally done
in practice.

M
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
These amendments reduce the burden on the facilities by not requiring resubmittal of
documents that are not changing and that the Division already has on file. The cost
savings is minimal since it was a minor task for resubmittal of existing documents
electronically. The amendment provides clarity to the regulated community on what
documentation does not need to be resubmitted for certain types of permit changes.
(2) State Government
The proposed amendments would have only minimal cost savings for Division staff since
minimal time was spent reviewing these resubmitted documents that are not changing,
especially since in practice Division staff would not require submittal of these documents.
The amendment provides clarity to Division staff on what documentation does not need
to be resubmitted for certain types of permit changes.
Requirement for Five -Year Post Closure Certification in Rules .0543(e)(3) and .1627(d)(3)
(a) Description and Rationale:
Proposed amendments to Rules .0543(e)(3) and .1627(d)(3) would require that the facility
owner or operator certify that post -closure maintenance and monitoring activities have
been conducted in accordance with the Division -approved plans at five-year intervals
during the 30-year post -closure period. Existing rules only require that this certification
be submitted to the Division at the end of 30 years rather than throughout the post -closure
period. Current post -closure care plans incorporated into the permits and approved by
the Division per existing rule for all existing facilities include the requirement for annual
inspections by the owner's engineer and cost estimates for this service. With the
proposed rule change, the Division is asking that facilities report the results of these
inspections to the Division every five years while post -closure care is being conducted,
and have the inspection certified by a professional engineer.
The rule change would allow the Division to monitor the integrity and performance of the
cap, leachate management systems, and environmental monitoring systems, so that
improvements or minor tweaks to the cap and systems can be made throughout the post -
closure care period for optimum performance and so that potential releases to the
environment can be eliminated or minimized, instead of discovering at the end of the 30-
year period that clean-up/remediation actions or larger or somewhat more expensive
changes need to be made to the cap or systems because the systems were not operated
and maintained properly over that 30-year period.
The submittal of the five-year certifications will also aid the Division in any decision to
decrease the post closure care period or to decrease or suspend leachate management
activities as allowed by Rules. 1 627(d)(1)(B) and (d)(2)(A). Also, the existing rule requires
a professional engineer to certify post -closure care at the end of the thirty-year post -
closure period, but owners and operators have expressed concern to the Division that it

Wl
is unlikely that the same engineer will be available for the entire thirty-year period to
provide certification at the end of post -closure care for work completed throughout the
entire post -closure care period. The amendment will reduce the chances of having gaps
in certification by a professional engineer due to staffing or other changes.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
Proposed amendments are not expected to substantially affect expenditures or revenues
of any private or local government -owned owner/operators of C&DLFs or MSWLFs. Post -
closure care plans incorporated into the permit for existing facilities already include
provisions for annual inspection by the owner's engineer and cost estimates for this
service. Data from yearly post -closure cost estimates submitted by the facilities to the
Division for financial assurance indicate that fees for the annual inspection are generally
in the range of $5,000.00 to $10,000.00 (with some outliers) for an average of
approximately $7,500.00. Since all existing facilities are required to conduct annual
inspections as a requirement of their post -closure plan, this amendment to the rule in
practice will only add a requirement that the owner/operator submit the results of these
inspections to the Division every five years that post -closure is being conducted, and that
the inspection be certified by a professional engineer. The requirement for certification
by a professional engineer, if the facility were not already utilizing a professional engineer,
may increase the cost of the inspection by around 10% to 20%.
There is one privately -owned MSWLF and two local government -owned MSWLFs that
are currently subject to post -closure care requirements that would be affected by this rule
change. No MSWLF facilities are expected to close within the next five years. The total
annual cost increase as compared to the existing permit requirement for the one private
facility in post -closure care that would be affected by the rule change is estimated to range
from $75 to $150. The total annual cost increase as compared to the existing permit
requirement for the two local government -owned facilities in post -closure care that would
be affected by the rule change is estimated to range from $150 to $300.
The rule change provides a benefit to the regulated community and the environment by
allowing the Division to monitor the integrity and performance of the cap, leachate
management systems, and environmental monitoring systems, so that improvements or
minor tweaks to the cap and systems can be made throughout the post -closure care
period for optimum performance and so that potential releases to the environment can be
eliminated or minimized, instead of discovering at the end of the 30-year period that larger
or somewhat more expensive changes need to be made to the cap or systems or clean
up/remediation initiated because the systems were not operated and maintained properly
over that 30-year period. The cost difference due to identification of potential issues are
difficult to estimate because no existing facilities have reached the end of their 30-year
post -closure care period, and problems that may arise cannot be predicted and would be
site -specific.
Another benefit is that five-year certifications will create a record of post -closure care that
could aid the Division in reaching decisions to decrease the post closure care period or

C-10
to decrease or suspend leachate management activities, because it avoids the potential
for gaps in certification by a professional engineer due to staff changes. Existing rule
already allows facilities to request to suspend post -closure care if they can demonstrate
minimal negative effect to human health and the environment. This rule amendment
would simply provide the Division with sufficient evidence and support for the
demonstration. A decreased post -closure care period or a decrease/suspension of
leachate management activities at lined facilities would result in annual savings of
associated maintenance, monitoring and inspection costs at both government -owned or
privately -owned facilities for each year that the period is decreased, but these cost
savings would not necessarily or directly be attributed to this rule amendment.
(2) State Government
Proposed amendments are not expected to affect expenditures or revenues of the state
government. No new staff would be required to incorporate review of the certifications,
and any opportunity cost of using existing staff time would be minimal, as only three
facilities are currently in post -closure care, no facilities are expected to close within the
next five years, and the reviews would only be done every five years at each facility (not
all on the same schedule), and would only take a few hours of staff time. Additionally, the
amendments may save staff time at the conclusion of the post -closure period in trying to
resolve non-compliance with the post -closure plan.
uirement for Closure and Post -Closure Permit in Rules .0533(a)(4) and .1603(a)(4
Description, Rationale, Costs, and Benefits:
Proposed amendments to Rules .0533(a)(4) and .1603(a)(4) would require that owners
and operators apply for a Permit for Closure and Post -Closure Care. This amendment is
proposed in order to clarify current practice in rule, and to ensure that closure and post -
closure plans are updated prior to implementation. Existing rules in Sections .0500 and
.1600 require that only two types of permits be issued to landfills: the permit to construct
and the permit to operate. These permits only cover the construction phase of a landfill
unit and the operation phase of a landfill unit. However, after a landfill ceases to operate
and closes the facility, landfills are required to conduct post -closure care for 30 years for
each unit at the facility after it has been closed, which mainly consists of cap maintenance
and environmental monitoring. Note that landfills are constructed in "phases" or "units",
and may have closed individual units at their facilities, but still have other units remaining
open or active. While units remain open, the overall facility is still operating under their
permit to operate. However, after all units at the facility have closed, the life -of -site permit
to operate expires pursuant to the definition of "life -of -site" in G.S. 130A-294(a2).
When a facility submits a permit application for a life of site permit, they are required to
submit closure and post -closure plans, engineering plans, and monitoring plans for
Division approval, and once approved, these plans are incorporated into the permit when
the permit is issued. Facilities are required by existing rule to comply with their permit
conditions, including the incorporated plans. Since permits are now issued for life -of -site,
and life -of -site, as defined in statute, expires when the facility reaches its highest
permitted elevation, the life of site permit to operate expires at facility closure. Therefore,

C-11
the Division's authority to enforce the post -closure, engineering, and monitoring plans
becomes uncertain/questionable, because the rules require compliance with the permit,
and a permit no longer exists. The facilities still clearly have to comply with general
statewide requirements in rule for post -closure care and monitoring, but the plans
incorporated in the permit contain conditions/requirements that are more detailed and
specific to each facility. The Division is proposing to add a requirement to obtain a closure
permit to clarify authority for these site -specific requirements in the plans.
The Division currently reviews and approves closure and post -closure plans for MSWLF
and C&DLF facilities as part of the current permitting process and would require a
modification to a permit for any changes or updates. Also, it is current practice that the
Division issues documentation of closure conditions as a closure letter or as permit
conditions for closure after review of closure construction quality assurance
documentation is completed, even though existing rule does not state this
procedure/requirement explicitly.
Also, until recently, closure and post -closure plans were routinely updated and reviewed
during the landfill's five-year permit amendment process. Since life -of -site permitting was
initiated by Session Laws 2015-241 and 2015-286, the Division no longer receives five-
year permit amendments, but the Division expects that facilities will still submit permit
applications periodically throughout the operational period to meet the application
requirements in Rule .0533(a)(1) through (a)(3) and Rule .1617(a) through (d) (for facility
changes or expansions). For many facilities, the review of the plans for facility closure
may still be conducted in conjunction with a periodic application submittal and/or could
continue to be treated as permit modifications (current practice) and would incur no
additional costs.
The Division is proposing to require that only one permit application be submitted for the
closure/post-closure care period of 30 years, although the facility will still likely choose to
submit periodic updates to the facility plans throughout the post -closure care period to be
able to reduce the amount of financial assurance required to be reserved for remaining
post -closure care. The Division is proposing to require the one application for a
closure/post-closure permit for the benefit of providing clarification to Division staff and
the regulated community that the permit and plans would need to be revisited and
necessary updates made prior to implementing closure activities, in addition to providing
clarity on authority and requirements to follow the plans.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
Among facilities that are subject to these rules, only one privately -owned MSWLF and
two local government -owned MSWLFs have completed closure of the entire facility, and
no C&DLFs have completed closure of the entire facility. The rule amendment clarifies
that these facilities that have already closed prior to the readopted effective date of the
rule will not be required to submit the closure permit application, but the Division will
simply issue a closure permit based on the most recent permit application, which would
have been at closure or a modification done after closure. Division staff time would be

C-12
minimal since they would be able to just generate a document from an existing permit or
closure letter, renamed as a closure permit. No facilities are expected to close within the
next five years, therefore any impacts due to this rule change would be delayed beyond
five years, and would be difficult to estimate as costs would be site -specific.
For future closures the cost to prepare and submit a permit application is difficult to
estimate. Permit applications are site -specific and have many variables based on site
location and the operations and additional waste management activities that the facility is
electing to conduct at the site. For permit applications that are not a new permit, the
applicant generally can utilize the majority of a previously submitted application as a
template, and just modify the sections that are changing. Also, around the time of final
waste receipt, the applicant/consultant is finalizing plans for installing the landfill cap
system, making any final changes to their plans and preparing bid documents. The added
cost to submit these documents to the Section should be minimal. The Division roughly
estimates that the cost to prepare one closure/post-closure permit application for
submittal to the Section could range from $2,000 to $2,500. However, this cost may be
offset by the benefit of clarification for the facilities and Division employees on what is
required during the closure and post -closure period, saving time in discussions on
requirements or trying to correct problems that may arise if requirements are unclear.
(2) State Government
Division staff are currently required to review the facility's existing closure and post -
closure plans at the time of closure to determine compliance with that plan, therefore no
additional time would be required to review the updated closure and post -closure plans
submitted with the application. If a facility did not request the closure/post-closure permit
concurrently with a permit amendment or permit modification application, then Division
staff time to review one closure/post-closure permit application and issue a permit,
assuming it is prepared by revising documents from the previously submitted permit
application, may range from 8 to 16 hours. Assuming a staff rate of $30 per hour and a
total compensation of about $45.5 per hour, the estimated cost for one closure/post-
closure permit application may be about $360 to $730. However, this cost would be offset
by the benefit of clarification to Division employees and the regulated community of what
is required during the closure and post -closure period, saving time in discussions on
requirements or trying to correct problems that may arise if requirements are unclear.
Also, in practice and as part of the previously required five-year permit renewals, Division
staff issued closure permits or closure letters for the post -closure period for facilities,
therefore no new or additional state funds would be required to be allocated for staff time.
(3) NC Citizens
This requirement also provides a benefit to citizens of NC and the general public in that it
creates a clear and stand-alone Division -issued permit document that specifically
describes the closure and post -closure requirements for that facility, and this document
is provided for the public to review on the Division's online document management
system. This document would provide clarification to the public on the operations and
requirements at the facility that have changed or are no longer applicable after the facility
has closed, which may be helpful to both the public and the facility in avoiding confusion

C-13
or complaints. The Division's document management system can be found online here:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/e-
documents_
Monitoring Plans & Requirements for C&DLFs in Rule .0544
(a) Description and Rationale:
Proposed amendment .0544(b)(1)(D) revises the baseline sampling requirement for
detection monitoring. Existing rule for baseline sampling requires a minimum of one
sample from each well be collected and analyzed for required constituents prior to waste
placement in each cell or phase. The proposed amendment increases the minimum
number of baseline samples collected and analyzed from each well to four independent
samples collected over a six-month period with no less than one sample collected prior
to waste placement in the new cell or phase. Baseline sampling is required to establish
existing groundwater quality for each individual well prior to any potential impact from the
new cell or phase. The Division recommended four baseline samples for consistency with
baseline sampling requirements for MSWLFs in Rule .1633(b). Additionally, increasing
the number of baseline samples over a 6-month period provides the potential to establish
any variability in the baseline dataset due to seasonality or other reasons specific to the
site.
The Division is also amending this rule to comply with Session Law 2018-65 (HB 573)
Section 5, which states:
"Reduce Frequency of Required Groundwater Sampling for C&D Landfills From
Semiannual to Annual
Section 5.(a) Definitions. — "Monitoring Plans and Requirements for C&DLF
Facilities Rule" means 15A NCAC 13B .0544 for purposes of this section and its
implementation.
Section 5.(b) Monitoring Plans and Requirements for C&DLF Facilities Rule. —
Until the effective date of the revised permanent rule that the Environmental
Management Commission is required to adopt pursuant to subsection (d) of this
section, the Commission shall implement the Monitoring Plans and Requirements
for C&DLF Facilities Rule, as provided in subsection (c) of this section.
Section 5.(c) Implementation. — Notwithstanding sub -subdivision (b)(1)(D) of the
Monitoring Plans and Requirements for C&DLF Facilities Rule, the Commission
shall not require semiannual monitoring frequency for required groundwater
sampling but shall only require such sampling on an annual basis.
Section 5.(d) Additional Rule -Making Authority. — The Commission shall adopt a
rule to amend the Monitoring Plans and Requirements for C&DLF Facilities Rule
consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4),
the rule adopted by the Commission pursuant to this section shall be substantively
identical to the provisions of subsection (c) of this section. Rules adopted pursuant
to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General
Statutes. Rules adopted pursuant to this section shall become effective as
provided in G.S. 150B-21.3(bl) as though 10 or more written objections had been
received as provided in G.S. 150B-21.3(b2).
Section 5.(e) Sunset. — This section expires when permanent rules adopted as

C-14
required by subsection (d) of this section become effective."
Section 5.(c) implemented a change to Rule .0544 that requires C&DLF facilities subject
to Rule .0544 to conduct detection groundwater monitoring on an annual basis, instead
of a semi-annual basis. Section 5.(d) also required the Environmental Management
Commission to adopt a permanent rule to amend Rule .0544 to be substantively identical
to the requirement in Section 5.(c). Because Section 5.(e) states that the change made
by Section 5.(c) does not expire until the permanent rule is adopted, the Session Law
change is a part of the baseline for Rule .0544. The Division has been operating in
compliance with Session Law 2018-65 Section 5.(c) since its effective date on June 25,
2018, and is proposing the required change to Rule .0544 concurrently with the rule
readoption process.
The existing rules do not specifically establish a frequency for surface water sampling
and analysis, and the frequency for sampling events was generally established in the
Division -approved plans that were incorporated as permit requirements. As established
in permits and monitoring plans, the frequency for surface water monitoring for all facilities
has been semi-annual, with some exceptions, and was timed to be conducted
concurrently with the groundwater sampling that was previously required semi-annually.
Because the frequency of groundwater sampling has been reduced by Session Law to
annually, the Division is proposing to establish a minimum required frequency of annually
for surface water sampling for C&DLFs in Rule .0544, to be consistent with the new
frequency of groundwater sampling. The Division is also proposing to amend Rule
.0545(b)(2) to clarify that the frequency of assessment monitoring for an exceedance of
the standards is still semi-annual, and has not changed from the existing rule.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
Additional costs to private industry and local government -owned facilities include the
added labor and analytical costs associated with the increased baseline sampling
frequency. The proposed amendment would add costs to 14 existing active C&DLFs
owned by private industry and 22 existing active C&DLFs owned by local governments
whenever these facilities expand, and to any new C&DLF facilities going forward. Based
on Division experience, existing facilities are likely to expand on average once every five
years. New facilities are less common and, based on recent history, the Division projects
an estimate of no more than 1-2 new facilities every five years. Note that these proposed
amendments to Rule .0544 would not affect the 15 local government -owned C&DLFs
over existing MSWLFs because these facilities are subject to the MSWLF rules in Section
.1600.
The Division's best estimate of the total increased costs for baseline sampling at existing
facilities ranges from $1,900 to $4,200 incurred on average every five years, which
coincides with expected expansion timeframe. This estimate is based on three additional
sampling events for 1 to 3 new wells by a professional consultant (using an average billing
rate of $65/hour for an estimated 18-30 hours, depending on number of wells) and on
three additional laboratory analyses for 1-3 new wells each (at an estimate cost of
$250/sample). The total annual impact for existing facilities is estimated to range from

C-15
$13,680 to $30,240.
The increased costs for new facilities going online for first time (using the unit cost
estimates above) is expected to be approximately $5,340 for the initial four baseline
sampling events for four wells (one upgradient and three downgradient wells). With an
estimate of no more than 2 new facilities every five years, the total annual impact for new
facilities is estimate at $2,136.
Since Session Law 2018-65 directly implemented the change to reduce the frequency of
groundwater monitoring to annual for C&DLF facilities subject to Rule .0544 for detection
monitoring (which does not expire until the new rule is effective), this change is a part of
the baseline for this rule amendment, and also reduces the burden on the permittees.
While there was no specific frequency established in existing rule for surface water
sampling, and the requirement for semi-annual sampling was generally established in
permit, the proposed frequency of no less than annual for these sampling events will
reduce the burden on the permittees, and prevents them from having to continue to
conduct the second semi-annual sampling events strictly for surface water, which is
generally only a few samples. Approximately 36 C&DLFs currently collect surface water
samples semi-annually from between two and four sampling locations.
Cost savings to private industry and local government -owned facilities include savings
from the reduced labor and analytical costs associated with reducing surface water
monitoring from twice/year to once/year. The proposed amendment would reduce costs
to 14 existing active C&DLFs owned by private industry and 22 existing active C&DLFs
owned by local governments, and to any new C&DLF facilities going forward (with no
more than 1 or 2 new facilities expected every five years, if any).
The Division's best estimate of the annual average cost savings for each facility due to
requiring only annual surface water monitoring ranges from $1,400 to $2,050. This
estimate is based on collection of samples from an average of three surface water
sampling locations per facility by a professional consultant (using an average billing rate
for a field technician of $65/hour) for an estimated 10-20 hours, depending on travel time
and number of samples collected, and on laboratory analyses for three samples per
facility (at an estimated cost of $250/sample). The total annual cost savings impact for
the 36 existing facilities is estimated to range from $50,400 to $73,800.
(2) State Government
Proposed amendments regarding baseline sampling are not expected to affect
expenditures or revenues of the state government. Management and administrative time
for processing and documenting the additional baseline sampling data by a staff
hydrogeologist is expected to be minimal and part of the regular reporting process.
Even though the change has already been implemented, proposed amendments to
comply with Session Law 2018-65 regarding the reduction in frequency of groundwater
monitoring reduce state government staff time spent in reviewing detection groundwater

C-16
monitoring reports and data. The proposed change to establish a frequency for surface
water sampling will have little to no effect on staff time spent reviewing data submitted
since data collected for surface water sampling is minimal.
Assessment Requirements for C&DLFs and MSWLFs in Rule .0545 and Rule .1634(c)
(a) Description, Rationale, Costs, and Benefits
Rules .0545 and .1634(c) establish assessment requirements for facilities if any
exceedances of groundwater standards are identified. Proposed amendments to
.0545(d)(3) and .1634(c)(4) provide specific guidance and clarification for the frequency,
analyses, wells, and reporting for the assessment monitoring and puts into rule
requirements that are consistent with requirements in assessment monitoring plans
submitted in the permit for facilities currently in assessment monitoring.
The existing rules states in general that the facility shall continue to conduct assessment
monitoring until allowed to return to detection monitoring. The amendments clarify what
it means to continue assessment monitoring, and how the facility is meant to combine the
detection monitoring requirements with assessment monitoring requirements. The
proposed amendment to Rule .0545(d)(3) provides a benefit by clarifying that conducting
assessment monitoring means that the facility shall sample and analyze all of the
monitoring wells for all constituents listed in Appendix I and for those constituents in
Appendix II not listed in Appendix I that have been detected, and that any well with a
reported groundwater standard exceedance shall be sampled for all additional
constituents in Appendix II annually. The proposed amendment to Rule .1634(c)(4)
provides a benefit by clarifying that conducting assessment monitoring means the facility
shall continue to sample and analyze all wells semi-annually for the Appendix I
constituents as they are required to do in detection monitoring, and in assessment
monitoring they will add semi-annual sampling of the additional Appendix II constituents
not listed in Appendix I that have been detected, and that any well with a reported
groundwater standard exceedance shall be sampled for all additional constituents in
Appendix II annually. (note the Appendix II list contains all Appendix I constituents and
multiple additional constituents). This amendment is not expected to add any cost
because facilities currently in assessment are already conducting the sampling in this
manner, as required by the assessment monitoring plans incorporated into their permit.
The proposed amendment in Rule .0545(c)(4) provides more flexibility to the facilities by
allowing them to request that for any monitored constituent a site background
concentration, determined in accordance with criteria in existing rule and that is higher
than the standards established in 15A NCAC 02L or the groundwater protection standards
established in Rule .0545(c)(1) or (c)(2), be approved as the groundwater protection
standard specific to that unit. This language is proposed to be added to be consistent
with existing rules in .0545(b)(3) and .1634(g)(5) that approve use of background as the
GWPS, as well as existing rule language in 15A NCAC 2L .0202(b)(3). This change is
viewed as having a net positive impact on the facilities in cases where the naturally -
occurring background (and/or pre -waste baseline) concentration is higher than the
GWPS; otherwise, facilities would not have a clear process for requesting use of a

C-17
background level that is higher than the GWPS set in rule. Further, the proposed
amendment provides clarity in how to address otherwise apparent `false positive'
indications of groundwater standard violations. However, the net impact would be
different for each facility and is difficult to compute given all the idiosyncrasies. While
there would be additional cost of Division staff time to review requests for higher
background levels, the cost is expected to be minimal.
Asbestos Waste Manaaement Reauirements in Rules .0542(c)(3) and .1626(1)(d
(a) Description, Rationale, Costs, and Benefits
The proposed amendments to asbestos waste management requirements in Rules
.0542(c)(3) and .1626(1)(d) were made at the request of facility owner/operator
stakeholders to provide clarification on methods for disposal that will allow facilities to use
procedures that are the most effective for the facility, as long as those procedures are
described in the operations plan which is approved by the Division when incorporated into
the facility permit.
The existing rule gave specific methods for disposal, stating that the waste shall be
disposed of separate and apart from other solid wastes at the bottom of the working face
or in an area not contiguous with other disposal areas. The existing rule also requires that
the separate asbestos waste disposal areas be shown on the operation drawings and
designated with signage so that the asbestos is not exposed by future land disturbing
activities. Discussions with stakeholders determined that these requirements were
unclear, overly specific, or not practical. Since the goal or intent of the rule is to ensure
compliance with 40 CFR 61(M) and ensure that the asbestos is not exposed by future
land disturbing activities, the rule is proposed for amendment to require that this goal be
met but does not require specific methods for meeting the goal. The proposed rule
provides some examples of such methods that are commonly used in practice and
approved in existing facility permits but allows facilities to describe the exact methods
they will use in their operations plan, so that the Division may review and determine if the
methods meet the rule requirement.
Since the proposed amendments are putting into rule what the Division and facilities have
been doing in practice, it would not incur additional costs or staff time for either party. The
proposed amendments provide a benefit by providing clarification and flexibility in the
requirements for disposal procedures for asbestos waste management.
Leachate Management Plan Requirements in Rule .0542(o)
(a) Description and Rationale
The Division is proposing to update Rule .0542 by adding Paragraph (o) to require
submittal of a leachate management plan for facilities that have a liner and a leachate
collection system following the promulgation of G.S. 130A-295.6 in Session Law 2007-
550 Section 9.(a). Existing Rule .0537(e)(3)(A) requires that the Facility Plan contain
information on leachate management systems, if proposed by the applicant. Rule
.0537(e)(3)(A) is also being amended to state "if required in accordance with the effective
date and applicability set forth in S.L. 2007-550" instead of "if proposed by the applicant"

C-18
since the Session Law added the statutory requirement for leachate collection systems.
Therefore, the general requirement to submit a plan for leachate collection and
management is not a new requirement. This language is consistent with the same
requirement for MSWLFs in Rule .1626(12).
The proposed amendment requires that the leachate management plan includes
discussion of the following:
(1) periodic maintenance of the leachate collection system;
(2) maintaining records for the amount of leachate generated;
(3) leachate quality sampling and analysis at a frequency of no less than
annually;
(4) approval for final leachate disposal; and
(5) a contingency plan for extreme operational conditions.
Session Law 2007-550 revised G.S. 130A-295.6 required periodic inspection and
maintenance to the leachate collection system (#1). Rule .0542(I)(4) requires
containment or treatment of leachate prior to discharge and that an NPDES permit may
be required from the Division of Water Resources. If the facility discharges leachate to a
waste water treatment plant, they would need to obtain approval from the waste water
treatment plant prior to discharge. The amendment requires only that they submit this
documentation (the WWTP approval or the NPDES permit) in the plan (#4). Either the
waste water treatment plant or the NPDES permit requires sampling of leachate quality
and requires tracking of the amount of leachate discharged. The amendment requires
that the existing results of the required sampling and records of leachate discharged be
submitted in the plan (#2 and #3). The plan required in existing Rule .0537(e)(3)(A)
included requirements for the design and a contingency plan (#5).
Since existing Rule .0537(e)(3)(A) requires that the Facility Plan contain information on
leachate management systems if proposed, the only change from baseline made by the
proposed amendment is additional specificity on what is meant by "normal operating
conditions" as required in existing rule. Under existing rule, the Division would have had
to tell the applicant what to include in the plan as "normal operating conditions", and in
practice would refer them to the same language for leachate management plans in
existing MSWLF Rule .1626(12).
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
Since Session Law 2007-550 did not require existing landfills at the time to install a
leachate collection system, and the proposed amendment only requires submittal of a
leachate management plan if the facility has a leachate collection system, no existing
facilities would be impacted by this proposed amendment. Only one new facility has been
constructed after the Session Law changes that has a leachate collection system, and
that facility supplied a leachate management plan in accordance with existing Rule
.0537(e)(3)(A) that contained the information required in the proposed amendment as a
part of their facility plan in their application. Since in practice the Division would have

C-19
referred any future facilities constructed with a leachate collection system to the same
language in Rule .1626(12) for more specific information in the plan to describe normal
operating conditions, as required by existing Rule .0537(e)(3)(A), the proposed
amendment is not expected to have any impact on future new facilities.
(2) State Government
The proposed amendment would not require additional staff time spent on review of a
plan since existing rule already required submittal of a plan if a leachate collection system
was present, and no existing facilities will have to submit a new plan as discussed above.
The Division estimates only 1 or 2 new facilities would submit an application for a new
facility in the next five years, however since, in practice, the Division would have referred
any future facilities constructed with a leachate collection system to the same language
in Rule .1626(12) for more specific information in the plan to describe normal operating
conditions, as required by existing Rule .0537(e)(3)(A), the proposed amendment is not
expected to require any additional Division staff time. The proposed amendment may
provide minimal time savings for Division staff since the information required is now stated
directly in the Rule, and the Division would no longer need to refer applicants to Rule
.1626(12) for requirements.
Surface Water Monitoring Requirements for MSWLFs in Rule .1623
(a) Description and Rationale:
A proposed amendment to Rule .1623(b)(3)(B) changes Part (B) from referring to existing
Rule .0602 for requirements on what information needs to be included in a surface water
monitoring plan, to directly listing the information required to be submitted in the water
quality monitoring plan for surface water monitoring. The proposed language is
consistent with the same language in the C&DLF rules. The reason for this amendment
is because Rule .0602 is planned for revision to state that the rule only applies to
municipal solid waste landfill facilities that are not subject to the rules in Section .1600.
Therefore, it would create confusion to exclude facilities that are subject to Section .1600
from complying with Rule .0602, but then refer those facilities back to Rule .0602.
The existing factors provided in Rule .0602(a)(1) through (a)(5) are being moved to Sub-
part (vi), and the requirement in Rule .0602(b) is being moved to Sub -part (v). Sub -parts
(i) through (iv) provide clarification of the language in Rule .0602(a): "The Division shall
require a solid waste management facility to provide such surface water monitoring
capability as the Division determines to be necessary to detect the effects of the facility
on surface water in the area;" and (c): "Any other information that the Division deems
pertinent to the development of a surface water monitoring system will be required." The
proposed amendments clarify and put into rule what is currently being required for surface
water monitoring by permit condition or in practice. The proposed ending paragraph of
Rule .1623(b)(3)(B) refers to the requirement that facilities comply with the groundwater
standards in 15A NCAC 02B, which is required even in the absence of these rules.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities

C-20
The proposed amendments are not expected to incur additional costs for private industry
or local -government owned facilities since these facilities were already required to
conduct surface water monitoring in accordance with Rule .0602, the monitoring plans
that were incorporated into their permits, and 15A NCAC 02B. The proposed
amendments provide a benefit by giving clarification to the somewhat vague requirements
in existing rule.
(2) State Government
The proposed amendments are not expected to require expenditure of state funds, or
effect staff time since they are putting into rule what is currently done by permit condition
or plan requirement, or in practice. The proposed amendments are a benefit to state
government employees by providing clarification for staff in reviewing and issuing permits.
They also make surface water monitoring requirements consistent between all MSWLFs,
and consistent with C&DLFs.
osive Gas Monitorina for C&DLFs in Rule .0544(d) and MSWLFs in Rule .1626(4
(a) Description and Rationale:
Proposed amendments to Rules .0544(d) and .1626(4) clarify the requirements for
monitoring of explosive gases. Existing Rule .0544(d) establishes requirements for
concentrations of methane or other explosive gases in landfill gas at C&DLFs. Existing
rule also requires that monitoring be conducted quarterly for methane, but the rule is
unclear about the monitoring frequency requirements for other explosive gases. The
Division currently requires C&DLFs to monitor landfill gas for hydrogen sulfide
concentrations because C&DLFs accept a larger proportion of wallboard than other types
of landfills, and the decomposition of wallboard will produce hydrogen sulfide in a landfill
environment. The amendments clarify that the requirements in Subparagraphs (1) and
(3) apply to explosive gases in general, since methane is an explosive gas and there is
no need to state this gas specifically here. The amendments to Subparagraph (2) clarify
that monitoring for other explosive gases such as hydrogen sulfide shall also be quarterly,
and that the Division will provide notice of the requirements to the facility in writing.
Existing Rule .0544(d)(1)(C) also states that the owner or operator shall ensure that the
facility does not release methane gas or other explosive gases in any concentration that
can be detected in offsite structures. The regulated community expressed concern that
this language was unclear on whether the facility is required to conduct regular monitoring
of offsite structures to ensure that explosive gas is not present. This existing language is
proposed to be removed, and Rule .0544(d)(3)(A) is proposed for amendment to clarify
that monitoring of explosive gas in onsite structures is one example of an activity that the
Division may require for the protection of public health if an explosive gas is detected on
site at the C&DLF at a level in exceedance of the levels specified in Rule .0544(d)(1),
which is meant only to clarify the true intent of the existing language that is being removed.
While the similar section of explosive gas monitoring requirements for MSWLFs in Rule
.1626(4) does not include any language regarding the monitoring of landfill gas in offsite
structures, the language is Rule .1626(4)(c)(i) is proposed to be amended to be consistent

C-21
with Rule .0544(d)(3)(A) by adding the same example of an activity that the Division may
require for the protection of human health.
Existing Rule .1626(4) establishes requirements for concentrations of methane in landfill
gas at MSWLFs. Existing rule also requires that monitoring be conducted quarterly for
methane. The amendments to this rule revise the landfill gas monitoring requirements
for MSWLFs to make the language consistent with and equivalent to the existing and
proposed requirements for C&DLFs. The amendments change the wording of Rule
.1646(4)(a) and (c) to say "explosive gases" instead of "methane." The requirement in
existing Rule .1646(4)(b) to monitor landfill gas quarterly for methane remains unchanged
(only reworded), but the amendments add language that allows the Division to require
quarterly monitoring for other explosive gases such as hydrogen sulfide if it is necessary
to determine compliance with the explosive gas concentration limits in Rule .1646(4)(a).
At MSWLFs, the Division currently does not require monitoring for any explosive gases
except for methane, and does not intend to begin requiring monitoring for other explosive
gases at MSWLFs, unless there is reason to believe that the facility is producing another
explosive gas at elevated concentrations. MSWLFs are not generally expected to
produce hydrogen sulfide gas at the higher levels produced by C&DLFs, and the risks of
release at MSWLFs are lower due to more stringent landfill construction and liners.
However, in the future the Division may need to require monitoring for hydrogen sulfide
at certain individual landfills based on the waste received at that landfill (if the MSWLF
receives larger than average amounts of wallboard or other substances that may produce
hydrogen sulfide), or if there is reason to suspect higher production and/or release of
hydrogen sulfide, if for example, hydrogen sulfide odors are discovered during a facility
inspection, or as a result of a complaint in nearby off -site structures.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
The requirements in the proposed amendments are not expected to add any additional
costs to private industry or local governments that own or operate C&DLFs because the
existing rules establish limits for concentrations and requirements for corrective action for
other explosive gases, and the rule change only clarifies that the monitoring frequency
shall be quarterly, the same as monitoring for methane. C&DLFs have been monitoring
for hydrogen sulfide for approximately 10 years. No C&DLFs have had hydrogen sulfide
concentrations detected between the lower and upper explosive limits, and therefore
none have been required to take corrective measures for hydrogen sulfide, and this is not
expected to change in the near future. The proposed amendments to clarify requirements
for monitoring of explosive gases in offsite structures provide a benefit to private industry
and local governments that own or operate C&DLFs because they clarify that this type of
monitoring would only be required if an exceedance is detected, and would not be
required on a regular basis, to better reflect the intent of the requirement in existing
language and what is required in practice.
The requirements in the proposed amendments regarding hydrogen sulfide monitoring
are not expected to add any additional costs to private industry or local governments that

C-22
own or operate MSWLFs because, as stated above, the Division at this time does not
intend to require routine monitoring of hydrogen sulfide at MSWLFs since it is not
expected to be present at explosive levels in general at these facilities; and would only
impose this requirement if there was reason to suspect that an individual facility or landfill
unit may be releasing this gas in elevated concentrations to determine if those
concentrations do not meet the limits required in Subparagraph (d)(1). The proposed
amendments to clarify requirements for monitoring of explosive gases in offsite structures
provide a benefit to private industry and local governments that own or operate MSWLFs
because they provide an example of a type of action that may be required for the
protection of human health if an exceedance is detected, to better reflect what is required
in practice.
If the Division were to require an individual MSWLF to begin monitoring landfill gas for
hydrogen sulfide, it is possible that the gas meter used or rented by the MSWLF to monitor
methane during each monitoring event is also capable of monitoring for hydrogen sulfide.
If this is not the case, the MSWLF or their consultant would be able to rent such a meter
for each event at an estimated cost of $100.00 to $200.00 per day. The annual cost for
this rental for quarterly monitoring for hydrogen sulfide at a landfill, if it was required,
would be $400.00 to $800.00, if it were necessary. Also, if the MSWLF unit were located
at the same facility as a C&DLF unit, where monitoring for hydrogen sulfide is already
required, and the gas monitoring could be done concurrently with the C&DLF unit, then
the addition of hydrogen sulfide would not impose additional costs for the meter.
The amendments regarding hydrogen sulfide monitoring and monitoring of offsite
structures would also provide a benefit to private industry and local government -owned
facilities since they would allow the facility to plan for and implement protective measures
for facility staff, state government staff, and the public in surrounding communities to
prevent explosions if the gases were found at explosive levels.
(2) State Government
Proposed amendments regarding hydrogen sulfide monitoring are not expected to affect
expenditures or revenues of the state government. Management and administrative time
for reviewing landfill gas monitoring reports, including reports for hydrogen sulfide
monitoring at C&DLFs, is already part of the normal workload for staff hydrogeologists in
the Division, and the Division does not intend to begin requiring routine monitoring of
hydrogen sulfide at MSWLFs. The Division does not expect that additional time would be
needed for compliance or enforcement for exceedances or hydrogen sulfide, since none
have been reported to date. The proposed amendments regarding monitoring of
explosive gases in offsite structures are not expected to affect expenditures or revenues
of the state government since they are for clarification to reflect what is required or
expected in practice.
(3) Public Health and the Environment
The amendments regarding hydrogen sulfide monitoring and monitoring of offsite
structures would provide a benefit to public health and safety since they would allow the
facility to plan for and implement protective measures for facility staff, state government

C-23
staff, and the public in surrounding communities to prevent explosions if the gases were
found at explosive levels.
Corrective Action Program Implementation for C&DLFs in Rule .0545(j) and for MSWLFs
in Rule .1637(b)
(a) Description and Rationale:
Proposed amendments to Rules .05450) and .1637(b) clarify and add to the requirement
in existing Rules .0545(i)(1)(B) for CDLFs and .1637(a)(1)(B) for MSWLFs that facilities
implementing a corrective action plan include a monitoring program that indicates the
effectiveness of the corrective action remedy. The proposed amendments in each Rule,
respectively, includes specific requirements on how this requirement shall be met and the
frequency of reporting on the effectiveness of the corrective action remedy. The proposed
amendments clarify and put into rule the specific requirements of the general policy
guidance and practices currently in use by the Division to meet the intent of the existing
rule language in Rules .0545(i)(1)(B) for CDLFs and .1637(a)(1)(B) for MSWLFs.
Currently, there are 17 facilities that are in corrective action and are required to report on
corrective action remedy effectiveness: The 17 include three stand-alone CDLFs subject
to the .0545 Rule; and 13 C&DLFs over MSWLFs and one stand-alone MSWLFs subject
to the .1637 Rule. The Division's best estimate to produce the corrective action evaluation
report ranges from $2,400-$3,000 for each report (using an average billing rate of
$100/hour for a professional engineer or geologist at an estimated 24-30 hours, plus
administrative costs). The Division estimates the number of facilities subject to corrective
action under Rules .0545 or .1637 to remain low due to low probabilities of leachate
release to groundwater from current landfills designed to more stringent standards and
under better construction practices. The total annual impact to 31 existing facilities in
corrective action is estimated at $14,880 to $18,600.
(b) Costs/Benefits by Entity
(1) Private Industry and Local Government -Owned Facilities
The requirements in the proposed amendments are not expected to add any additional
costs to private industry or local governments. Benefits include having the rule spell out
specifics on reporting requirements and frequency of reporting to allow ineffective
measures to be quickly identified and revised. As discussed above, only four landfill
facilities are currently in corrective action and would be directly impacted by the
amendments, with the expectation that the overall number of facilities subject to corrective
action would remain low.
(2) State Government
Proposed amendments are not expected to affect expenditures or revenues of the state
government. Management and administrative time for reviewing the effectiveness of the
corrective action program and corrective action evaluation reports is already part of the
normal workload for staff hydrogeologists in the Division.
Benefits include clarity on reporting requirements and frequency of reporting on

C-24
demonstrating the effectiveness of the corrective action program to meet the intent of the
existing rule language in Rules .0545(i)(1)(B) for CDLFs and .1637(a)(1)(B) for MSWLFs,
and to allow ineffective measures to be quickly identified and revised.
(3) Public Health and the Environment
The proposed amendment provides a benefit to public health and the environment by
assisting Division staff and the regulated community with ensuring that corrective
measures are effectively protecting or providing a remedy for groundwater contamination
for the protection of human health and the environment.
Conclusion
• The proposed rule amendments may minimally affect the expenditures of private
industries that are the owners/operators of C&DLF or MSWLF facilities.
• The proposed rule amendments may minimally affect the expenditures of local
governments that are the owners/operators of C&DLF or MSWLF facilities.
• The proposed rule amendments are not expected to affect the expenditure or
distribution of State funds subject to the State Budget Act.
• The proposed rule amendments are not expected to have an annual aggregate
impact to the affected parties of greater than or equal to $1 million.
• The proposed rule amendments are not expected to impact risks to NC citizens
and the environment. Regulatory compliance and monitoring of facilities will not
change and will continue to be enforced by the Division through annual inspections
and review of annual facility reports.
• The proposed rule amendments are not expected to affect federal program
approval for MSWLFs as the amendments to 15A NCAC 13B Section .1600 do not
cause any requirements to be less stringent than the federal requirements.

C-25
/_1»4kiIQ M
15A NCAC 13B .0531 is proposed for readoption with substantive changes as follows:
CONSTRUCTION AND DEMOLITION DEBRIS LANDFILLS
15A NCAC 13B .0531 PURPOSE, SCOPE, PURPOSE AND APPLICABILITY FOR CONSTRUCTION
AND DEMOLITION LANDFILLS
(a) Purpose. The ,.,, Tese ^-Rules .0531 through .054 7.0546 of this Section shall govern the permitting
procedures, siting, design, construction, performance standards, operation, elestire-closure, and post -closure of all
construction and demolition solid waste landfill (C&DLF) facilities and units.
(b) Seepe. Rules .0531 thfough.0547 of this Seetion deser-ibe the per-fefmanee standards, appheation ,
.,tiees and pr-eteet the p4lie health and environment; and
(2)eeer-dinate ather- St-ateRules applieable te-laadfills-
Q2)(0 Applicability. Owners and operators of C&DLF facilities and units must shall conform to the requirements of
Rules .0531 through .n�.0546 of this Section as follows:
after- Jtme 30, 2008, must eemply with the Conditions of the Solid Waste Pefmit and Rule .05 10 eff
this Section-.
W(2) C&DLF units that did not receive waste after June 30, 2008 are exempt from Rules .0531 through
.0546 of this Section and shall comply with the Conditions of the Solid Waste Permit and Rule .0510
of this Section. r r P >r units ..e..mitte,l to ef)eFate ,. r to re,,,,....,, l 2007 and ,.,1 ieh . ntif a to
(Q(3) C&DLF units permitted after December 31, 2006 must shall comply with the requirements of Rules
.0531 through .0546 of this Section.
(3) C&DLF units permitted to operate prior to January 1, 2007 that continued to receive waste after
June 30, 2008 shall comply with Rules .0531 through .0546 of this Section, except that C&DLF
units on top of closed MSWLFs are subject to the corrective action requirements of Rules .1635,
.1636, and .1637 of this Subchapter, and the closure and post -closure requirements of Rule .1627 of
this Subchapter.
(d) Owners and operators of a C&DLF facility must shall comply with any other applicable federal, Federal, State
State, and Local local laws, rules, regulations, or other requirements.

C-26
(e) Incorporation by Reference. References to Title 40 of the U.S. Code of Federal Regulations (CFR) in Rules .0531
through .0546 of this Section are incorporated by reference including subsequent amendments or editions, and can be
obtained free of charge at the US Government Publishing Office website at www.ecfr.gov.
History Note: Authority G.S. 130A-294;
Eff. January 1, 290-7-.2007;
Readopted E.(f.' July 1, 2020.

C-27
15A NCAC 13B .0532 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0532 DEFINITIONS FOR C&DLF FACILITIES
The definitions in Article 9 of Chapter 130A of the General Statutes, the definitions in Rule .0101 of this Subchapter,
and the following definitions shall apply to Rules .0531 through .0546 of this Section. This Rule ,.mains definitions
for- tei:fas dia4 appear- thr-eughout the Rules pei4aining to Genstmetion and Demolition Landfills, Rules .0531 thfough
.05 4 7 of this Seetion; additional definitions appear- in the speeifie Rules to whiek they apply.
W(2) "Active life" means the period of operation beginning with the initial receipt of C&D solid waste
and ending at completion of closure activities in accordance with Rule .0543 of this Section.
(Q(3) "Active portion" means that part of a facility or unit(s) that has received or is receiving wastes and
that has not been closed in accordance with Rule .0543 of this Section.
�D(4} "Aquifer" means a geological formation, group of formations, or portion of a formation capable of
yielding groundwater. .
J41(5) "Areas susceptible to mass movement" means those areas ofinflaenee (i.e., areas characterized as
having an active or substantial possibility of mass t) movement where the movement of
earth material at, beneath, or adjacent to the C&DLF unit(s), because of natural or man -induced
events, results in the downslope transport of soil and rock material by means of gravitational
influence. Areas of mass movement include, but are not lifn to +e may include landslides,
avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.
(D(o "Base liner system" means the liner system installed on the C&DLF unit's foundation to control the
flow of leachate.
(6J(74 "Cap system" means a liner system installed over the C&DLF unit(s) to minimize infiltration of
precipitation and contain the wastes.
(D(8) "C&D solid waste" means solid waste generated solely from the construction, remodeling, repair,
or demolition operations on pavement and buildings or structures. C&D waste may include
municipal and industrial wastes that are identical to materials generated from the construction,
remodeling, repair, or demolition operations on pavement and buildings or structures. may --be
genera4ed by the en going opeFations at buildiags or- s4zuetur-es.
M(9) "Gro und , vAe "Groundwater" means water below the land surface in a zone of saturation.
(10) 214azafdaus Waste" means a solid waste as defined in G.S.130A 290 (a)(9). "Hazafdous Wa
.a

C-28
"Industrial solid waste" ineans solid waste generated by manufaeturing or industrial proeesses that
is not a hazardous waste Fegulated ttndeF Subtitle G of RGRA. Stteh waste may inelude, but is not
;
;
#anspeftatien eqttipment; and water- treatmen4. This term does not ine!H& Mining waste Of Oil and
gas waste.—
�(} "Karst terranes" means areas where karst topography, with its characteristic surface and
subterranean features, is developed as the result of dissolution of limestone, dolomite, or other
soluble rock. Characteristic physiographic features present in karst terranes may inelu4e,-butefeiiet
lifnited to, nclude sinkholes, sinking streams, caves, large springs, and blind valleys.
10 (} "Landfill facility" means all contiguous land and structures, waste management unit(s), other
appurtenances, and improvements on the land within the legal description of the site included in or
proposed for the permit issued in accordance with this Section. Solid Waste Peft.Existing
f4eilities are "se f�eilities whieh were pefmitted by the Division prior- to December- 31, •
Faeilities 0 an or- 0 0
w f4eilities.
11 (�4) "Landfill unit" means a discrete area of land or an excavation that receives a particular type of waste
such as C&D, industrial, or municipal solid waste, and is not a land application unit, surface
impoundment, injection well, or waste pile, as defined under 40 CFR Part 2-5-7-.257.2. Such a landfill
unit may be publicly or privately owned, and may be located at a municipal solid waste landfill
facili rC�r a C&DLF, an industrial landfill facility, or other waste management facility.
12 (} "Lateral expansion" means a horizontal expansion of the waste boundaries of Aga C&DLF
unit(s).
(13)40 "Liner system" means an engineered environmental control system which can incorporate filters,
drainage layers, compacted soil liners, geomembrane liners, piping systems, and connected
structures.
(14)(l7) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by
Method 9095 (Paint Hite,- r :,. ids Test), S.W. Anti EPA SW-846 Test Method 9095B (Paint Filter
Liquids Test), which is incorporated by reference including subsequent amendments or editions;
and can be obtained free of charge at the US EPA website at www.epa.gov/hw-sw846/sw-846-test-
method-9095b-paint-filter-liquids-test.
(18) "Licensed Geologist" means an individual who is licensed to practice geology in accordance
G.S. 89E.

C-29
15 (20) "Poor foundation conditions" means those areas where features exist •eh that indicate that a
natural or man -induced event may result in ;,.� a loss or reduction of foundation support for
the structural components of a C&DLF unit(s).
16 (22) "Project engineer" means the ^fr;^;.,, representative of the p^..mittee who is liee s^a to . etiee
;n the State of North Carotin whe the licensed professional engineer that represents
the permittee and is responsible for observing, documenting, and certifying that activities related to
the quality assurance of the construction of the solid waste management unit conforms to the
Division approved the permit to construct and associated plans and the ales Rules .0531
through .0546 of speeified4rrthis Section. All certifications =st shall bear the seal and signature
of the licensed professional engineer and the date of certification.
(24) "Run off!' means at+y mit+water- that drains ever- land fiem any paFt of a f4eility or- unit.
!ee�es�e!rresrrfes!f . ��rrre�
(17) "Seasonal High Water Table" or "SHWT " means the highest level of the uppermost aquifer during
a year with normal rainfall. SHWT may be determined in the field through identification of
redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of
predicted groundwater elevations.
18 (26) "Structural components" means liners, leachate collection systems, final covers, systems that
manage rainwater that drains over land from or onto M part of the facility or unit
Viand any other component used in the construction and operation of the C&DLF facility.
C&DLF that is necessary for protection of human health and the environment.
(19)(27) "Unstable area" means a location that is susceptible to natural or human -induced events or forces
capable of impairing the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas ean-mayinclude poor foundation conditions,
areas susceptible to mass movements, and Karst terranes.
20 (2S) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an
aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the
facility's property boundary.
History Note: Authority G.S. 130A-294;

C-30
Eff. January 1, 2WT2007;
Readopted ff. Jul
y 1, 2020.

C-31
15A NCAC 13B .0533 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0533 GENERAL APPLICATION REQUIREMENTS AND PROCESSING FOR C&DLF
FACILITIES
(a) ^Owners or operators of a proposed or existing C&DLF unit or facility shall submit an application
document as detailed in Rule .0535 of this Section in accordance with the following criteria and scheduling
requirements: r e is sot f Ah as follows,
(1) New permit.€ae . An applicant for a new permit as defined by G.S. 130A-294(a3)(1) sec
@per-ator-s proposing to establish a C&PLF f4eility or- tmit in aeeer-danee with the following er-ite
shall submit a Site site study and subsequently an application for a permit to construct as set
forth in Rule .0535(a) D..,-.,..,-.,p (a) of R to 0535 of this Section. ^ new f edit, pei:f.:t aplie—
e�rThe Division shall review all permit applications in accordance with Rule .0203
of this Subchapter. An application for a new permit is subject to an application fee in accordance
with G.S. 130A-295.8(d2).
(A) The owneF oF operator- proposes to establish a new facility not previously per-mitted by the
Di
(B) The owner- or- operator- proposes to expand the landfill fkilivy in order- to expand the
C&DLF iinit(s) boundafy approved in aeeor-danee with Stibpar-agr-aph (a)(!) of Rule .0536
of this Se tion
(2) Amendment to the permit. The owner or operator shall submit an application to amend the permit
to construct in accordance with Rule .0535(c) of this Section for the following circumstances:
For- any subsequent phase of landfill develepment the ownef or- eper-ateF shall prepare an appliea4i
) at least 190 days�rior- to the date seheduledfor- eow"meneingeeaswaetiefi; or
(B) five years 4om the issuance date of the initial permit to operate or as specified in
eff-ective permit.
(3) Substantial amendment to the permit.
A) A subsequent stage of landfill development. A permit to construct issued in accordance
with Paragraph (c) of this Rule approves the life -of -site development of the C&DLF unit
indicated in the facility elan Dlus a set of Dlans defined in Rule .0534(b)(1) of this Section
as the Division Approved Plans, submitted by the applicant for either the entire C&DLF
unit or a portion of the C&DLF unit. ^ f eil t , plan f the life of the G&PLF f eil:ty a 1
set of ,.laps for the initial ,.hale of landfill deyel..,.me t For any subsequent stage of
landfill development, that the applicant has not included in the plans required by Rule
.0534(b)(1) of this Section for any prior stage of landfill development, the Th-&-owner or
operator shall prepare an application to in accordance with Paragraph (e) of Rule 0535 of

C-32
this Section ^^a submit the amended permit application no less than 180 days prior to the
date scheduled for commencing construction. ,..L.o�s
(zx) u 3uoocaxxcxax Enaxxgc in aEE9i Ee with N.G.G.S. 139A 294-(i)(1);Ei'
(B) a proposedt..an �A change in ownership or corporate structure of a permitted the
C&DLF facility. The owner or operator shall notify the Division within 30 days of a
change in ownership or corporate structure in accordance with G.S. 130A-295.2(R).
(D(4) Modifications to the permit. An owner or operator proposing changes to the plans approved in the
permit shall request prior approval from the Division in accordance with n., ..,,. ffiph (d) OfRU o 0535
Rule .0535(d) of this Section.
(4) Permit for Closure and Post -Closure Care. The owner or operator shall submit an application for a
closure and post -closure care permit to the Division when the facility reaches its final permitted
elevations and prior to initiating closure activities for the final permitted C&DLF unit at the facility
in accordance with Rule .0535(e) of this Section. Owners or operators that closed all C&DLF units
at the facility prior to the readopted effective date of this Rule shall not be required to submit a
permit application for closure and post -closure. The Division shall issue a permit for closure and
post -closure for these facilities based on the most recent permit application submittal, if a closure
and post -closure permit has not already been issued.
(b) Application format requirements. giaidelines. All applications and plans required by Rules .0531 through .0547
.0546 of this Section shall be prepared in accordance with the following: .
(1) The inifial application shall:
(A) contain a cover sheet stating the project title and location, the applicant's name and address,
and the engineer's name, address, signature, date of Vie -signature, and seal; aR4-
(B) contain a statement defining the purpose of the submittal signed and dated by the applicant;
applioant.
(2) The textE)fthe applioation shalh
(A) be submitted in a three ring bin4e-r-,-
(Q(B) contain a table of contents or index outlining the body of the application and the
appendices;
(D)(q be paginated consecutively; and
JU" identify inLrevised text by noting the date of revision on the page.
(D(3) Drawings. The engineering drawings for all landfill facilities shall be submitted using the following
€ems format:
) The sheet sizewith titlebroeks shall at least 22 ine-hes by 34inEhes.
W(B) The -the cover sheet shall include the project title, applicant's name, sheet index, legend of
symbols, and the engineer's name, address, signature, date of signature, and seal. seal; and

C-33
a(C) mere theFequireynents do not expfieitly spesi€y arinimunvssale,--maps and drawings
shall be prepared at a scale that adequately illustrates the subject requirements,
ement(s). and that is legible if printed at a scale of 22 inches by 34 inches.
JD(4} Number of copies. An applicant shall submit ^ fninim m of three ^)pies gone electronic cony of eae-h
the application to the Division in electronic portable document format (pol). The Division
may request that the applicant submit no more than three paper copies of the application in three-
ring binders. doetiment a -ad ", r-evisions to the Division. The Pivision shall request additional
(c) Permitting and Public Information Procedures.
(1) Purpose and Applicability.
(A) Purpose. During the permitting pr-eeess-process, the Division shall provide for public
review of and input to permit documents containing the applicable design and operating
conditions. The Division shall provide for consideration of comments received and
notification to the public of the permit design.
(B) Applicability. Applications for a new permit De-mit to C ^.met for ^ new f edit,, for
substantial amendment to the o it for- an existing f ;';+ as defined in G.S. 130A-
294(a3)(1), or for a modification to the permit involving corrective remedy selection
required by P"r—aphs(d) through (h) of Rule 05- Rule .0545(g) through (1) of this
Section shall be subject to the requirements of this Para rg anh.S4par-agraphs (^'"` thfo g
"n` of this Rule Applications submitted in accordance with Subparagraphs (a)(2) and
(a" (a)(2), (a)(3), and (a)(4of this Rule are not subject to the requirements of this
Paragraph.
(2) Draft Permits.
(A) The Division shall review all permit applications for compliance with Rules .0531 through
.0546 of this Section and Rule .0203 of this Subchapter. Once an application is complete,
the Division shall either issue a notice of intent to denv the hermit to the applicant or
prepare a draft permit. decide whether the permit should be issued or denied.
(B) If the Division decides to deny the permit, the Division shall send issues a notice of intent
to deny the permit to the applicant. Reasons applicant, the notice shall include the reasons
for permit denial shall be in accordance with Rule .0203(e) of this Subehaptef. Subchapter
and G.S. 130A-294(a)(4)c.
CC)" If the Division prepares a draft permit, tithe draft permit shall contain
b ysy-tee) all applicable terms and conditions for the permit.
(MR All draft permits shall be subject to the procedures of Subparagraphs (3) through (9) of this
Paragraph, unless otherwise specified in those Subparagraphs.

C-34
(3) Fact Sheet. The Division shall prepare a fact sheet for every_draft permit, and shall send this fact
sheet to the applicant and post the fact sheet on the Division website. The fact sheet shall include:
(A) a brief description of the type of facility or activity that is the subject of the draft permit;
(B) a description of the area to be served, the volume and characteristics of the waste stream,
and a projection of the useful life of the landfill;
(C) a brief summary of the basis for the draft permit conditions, including references to
statutoryy ugulatoryprovisions and supporting references to the permit application;
(D) the beginning and ending dates of the comment period under Subparagraph (4) of this
Paragraph;
(E) the address where comments will be received,
( the name, phone number, and e-mail address of a person to contact for additional
information;
(G) the procedures for requesting a public hearing; and
(H) other procedures by which the public mayparticipate in the decision, such as social media
or a web -based meeting, if the Division or the applicant elects to use such procedures.
(4) Public Notice of Permit Actions and Public Hearings.
(A) The Division shall give public notice of each of the following: a draft permit has been
prepared; a public hearing has been scheduled under Subparagraph (6) of this Paragraph;
or a notice of intent to deny a permit has been prepared under Part (2)(B) of this Paragraph.
(B) No public notice is required when a request for a permit modification is denied.
(C) The Division shall give written notice of denial to the applicant.

C-35
(D) Public notices may describe more than one permit or permit action.
(E) Public notice of the preparation of a draft permit or a notice of intent to deny a permit shall
allow at least 45 days for public comment.
(F) The Division shall give public notice of a public hearing at least 15 days before the hea
hearing; and the notice shall contain the date, time, and place of the public hearing; a brief
description of the nature and purpose of the public hearing, includingthe applicable rules
and procedures; and a concise statement of the issues raised by the persons requesting the
hearing. Public notice of the hearing may be given at the same time as public notice of the
draft permit and the two notices may be combined.
(G) Public notice of activities described in Part (A) of this Subparagraph shall be given by
publication on the Division website, by -publication by a local news organization, in a dai-ly
or- weekly leeal newspaper- of general , and by any other method deemed
necessary or appropriate by the Division Division, such as postingin office and
public Dlaces of the municipalities nearest the site under consideration. or on other State or
local government websites or social media, to give actual notice of the activities to persons
potentially affected.
(H) Gener-al P,,blie Islet ^es All public notices issued under this Part shall at miair contain
the following! (1) name, address and phone number of the office processing the permit
action for which notice is being given; (}the name and address of the owner and operator
applying for the permit; Wa brief description of the business conducted at the facility or
activity described in the permit application including the size and location of the facility
and type of waste accepted; f *a brief description of the comment procedures required by
Subparagraphs (5) and (6) of this Paragraph, including a statement of procedures to request
a public hearing, unless a hearing has already been scheduled, and other procedures by
which the public may participate in the permit decision; (§}the name, address, and
telephone number of a -Division staff contact from whom interested persons may obtain
further information; and (6)-a description of the time frame and procedure for making an
approval or disapproval decision of the application. ,,pph «ion ,,a (7 .,,,...,aa« i
(5) Public Comments and Requests for Public Hearings. During the public comment period any
interested person may submit written comments on the draft permit and may request a public hearing
if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall

C-36
state the nature of the issues proposed to be raised in the hearing. The Division shall consider all
comments in making a final permit decision. The Division shall respond to all comments as provided
in Subparagraph (9) of this Paragraph.
(6) Public Hearings.
(A) The Division shall hold a public hearing on a draft permit(s) when a hearing is requested.
The Division may also hold a public hearing a4 its dise-•efien whenever such a hearing
might clarify one or more issues involved in the permit decision. Public hearings held
pursuant to this Rule shall be at a location convenient to the nearest population center to
the subject facility. Public notice of the hearing shall be given as specified in Subparagraph
(4) of this Paragraph.
(B) Any person may submit oral or written statements and data concerning the draft permit.
The Division shall extend the public comment period under Subparagraph (4) of this
Paragraph ism-- to the close of any public hearing conducted under this
Subparagraph. The Division may also extend the public comment period
by so stating at the hearing, when information is presented at the hearing which indicates
the importance of extending the period to receive additional comments, to allow potential
eommenteFcommenters to gather more information, to allow time for submission of
written versions of oral comments made at the hearing, or to allow time for rebuttals of
comments made during the hearing. The Division shall publish the end date of the extended
comment period on the Division's website.
(C) The Division shall make available to the public a recording or written transcript of the
hearing upon request.f ^ or eopying at the eeatF^l office of the Diyisie ,. f Waste
(7) Reopening of the Public Comment Period.
(A) If -a" In response to data, information, or arguments submitteR received during the public
comment ep riod,^er-io appear t raise substantial new questions concerningpermit
action -,-the Division may prepare a new revised draft permit permit, appropriately fflod aoa
under Subparagraph (2) of this Paragraph; prepare a fact -sheet -,or -revised fact sheet under
Subparagraph (3) of this Paragraph Paragraph, and reopen or extend the comment period
under Subparagraph (4) of this Paragraph.
peFied under- Subparagraph (4) of this -Pafagraph to giv@ inteFested persons a-
♦e comment a the info.-matio,. o nts submitted.
(B) Comments filed during the reopened comment period shall be limited to the ..l�cl
new questions that caused its reopening. information that was revised in the draft permit
following the original comment period. The public notice shall be in accordance with
„Subparagraph (4) of this Paragraph and shall define the scope of the reopening.

C-37
(C) Publie notice of any of the aetions of this Stibpar-agraph shall be issued in aeeer-danee
Subparagraph (4) of this Paragraph.
(8) Permit Decision.
(A) After the close of the public comment period under Subparagraph (4) of this Paragraph on
a draft permit or a notice of intent to deny a permit, the Division shall issue a permit
decision. The Division shall notify the applicant and each person who has submitted a
written request for notice of the permit decision. For the purposes of this Subparagraph, a
permit decision means a decision to issue, decry deny, or modify a permit.
(B) A permit decision shall become effective upon the date of the service of notice of the
decision unless a later date is specified in the decision.
(9) Response to Comments.
(A) At the time that a permit decision is issued under Subparagraph (8) of this Paragraph, the
Division shall issue a written response to comments. This response shall specify which
provisions, if any, of the draft permit have been changed in the permit decision, and the
reasons for the change. The response shall also briefly describe and respond to all
^�'�t omments pertaining to the requirements in ef+-the draft permit raised during
the public comment period, or during any public hearing.
(B) The Division shall publish the make -the --response to comments on the Division website
upon request.
Division of Waste Management Solid Waste Seetion.
(d) Permit approval or denial. The Division shall review all permit applications in accordance with Rule .0203 of this
Subchapter. Seetion .0 VtT—PERMITS FOR SOLID WASTE STE MANAGEMENT FACILITIES.
History Note: Authority G.S. 130A-294;
Eff. January 1, 299-7-.2007;
Readopted Elf. July 1, 2020.

C-38
15A NCAC 13B .0534 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0534 GENERAL REQUIREMENTS FOR C&DLF FACILITIES AND UNITS
(a) ^Permits issued by the Division for C&DLF facilities and units shall be subject to the general
requirements set forth in this Rule.
(b) Terms of the Permit. The Solid Waste Management Permit shall incorporate requirements necessary to comply
with this Subchapter and the North Carolina Solid Waste Management Act including the provisions of this Paragraph.
(1) Division Approved P4a*-. Plans. Permits issued after December 31, 2006 must shall incorporate a
the Division approved plan -.plans.
(A) The scope of the Division approved plans shall include the information necessary
to comply with the requirements set forth in Rule .0535 of this Section.
(B) The Division approved plans test shall be subject to and may be limited by the conditions
of the permit.
(C) The Division approved plans for a new facility shall be described in the permit and
mast —shall include the Facility fY[tYi,--Plan required by Rule .0537 of this Section,
Engineering Xae-Plan required by Rule .0539 of this Section, Construction Quality
Assurance plan-, Plan required by Rule .0541 of this Section, Operation Xan—,Plan Plan required
by Rule .0542 of this Section, Closure and Post -Closure Plan required by Rule .0543
of this Section, and Monitoring FYans—, Plans required by Rule .0544 of this Section.
(2) Permit provisions. All C&DLF facilities and units must shall conform to the specific conditions set
forth in the permit and the following general provisions.
(A) Duty to Comply. The permittee ffnist shall comply with all conditions of the permit, unless
otherwise authorized by the Division. Any permit noncompliance, except as otherwise
authorized by the Division, constitutes a violation of the Act and is grounds for
enforcement action or for permit revocation, medi€eatiea modification, or suspension.
(B) Duty to Mitigate. In the event of noncompliance with the permit, the permittee must shall
take all reasonable steps to minimize releases to the environment, and must shall carry out
such measures as are reasonable to prevent adverse impacts on human health or the
environment.
(C) Duty to Provide Information. The permittee must shall furnish to the Division any Felevt
information that the Division may request to determine whether cause exists for modifying,
revoking or suspending the permit, or to determine compliance with the permit. The
permittee must shall also furnish to the Division, upon request, copies of records required
to be kept under the conditions of the permit.
(D) Recordation Procedures. The permittee roust shall comply with the requirements of Rule
.0204 of this Subchapter RECORDATION TION OF LAND DISPOSAL PERMITS i or for
a new permit to be effective.

C-39
(E) Need to Halt or Reduce Activity. It shall not be a defense for a permittee in an enforcement
action to claim that it would have been necessary to halt or reduce the permitted activity in
efder-to maintain compliance with the conditions of the permit.
(F) Permit Actions. The permit may be modified, reissued, revoked, st'spe"de suspended, or
terminated in accordance with G.S. 130A-23. The filing of a request by the permittee for a
permit modification, or a notification of planned changes or anticipated noncompliance,
does not stay any existing permit condition.
(G) Not Transferable. The .,^,.mit is not t.^ s f rable A permit for a solid waste mans eg ment
facility is transferable onlyprior approval of the Department in accordance with G.S.
130A-294(al).
(H) Construction. If construction is not commenced within 18 months from the issuance date
of the permit to construct, or an amendment ^r . ubsta ftti ,l amendment to the peter permit
to construct, then the permit shall expire. The applicant may re -apply for the permit, which
shall be subject to statutes and rules in effect on the date of the re -application.
(I) Proper Operation and Maintenance. The permittee must shall at all times preper-ly operate
and maintain all facilities and systems of treatment and control and related
qppurtenances(and Felatea appw*^^^„ees) which are installed or used by the permittee to
achieve compliance with the conditions of the permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate operator staffing and training,
and adequate laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems only when necessary to achieve compliance with the conditions of the
permit.
(J) Inspection and Entry. The permittee mmust shall allow the Department man
authorize r-ep fese-nt.*...^ to enter the permittee's premises where a regulated unit(s) or
activity is located or conducted, or where records are kept under the conditions of the
permit. The Department Division or its authorized represen4ative shall have access in order
to copy any records required to be kept under the conditions of the permit. The permittee
must shall allow the Department Division or its authorized r wntati a to inspect any
facilities, equipment including practices, operations, or 0 monitoring and control
equip 1ent equ4 geao, etwes ^r ^,.o,.,,..^„� that are required or regulated by the facili
permit or the rules of this Subchapter.sien-.--For. the purposes of assuring permit
compliance or as otherwise authorized by G.S. 130A Article 9,the-Aet-, the permittee ffms
shall allow the Department Division or its authorized representative, to sample or monitor,
at any location under the operation or control of the permittee, the following: any materials,
substances, par-ameters-,-wastes, leachate, soil, groundwater, surface water, gases -gm es, or
gas condensates, or ambient air�air, if the Department gives notice to the permittee 24

C-40
hours prior to sampling or monitoring_ The permittee nwst shall allow the Department
Division er— its —au4ieiized=reprtisentative-to take photographs for the pufpose of
documenting items of compliance or noncompliance at permitted facilities. F eilifor
At the
request of the Department, the permittee shall take such photographs and submit them to
the Department. f ` the r,iyisiei
(K) Waste Exclusions. Waste to be excluded from disposal in a C&DLF is listed in Rule .0542
of this Section. Permit conditions may include additional exclusions as they beeeme if they
are necessary in-efder-to protect the public health and the environment or to ensure proper
landfill operation.
(L) Additional Solid Waste Management Activities. Construction and operation of additional
solid waste management activities at the landfill facility filust shall not impede operation
or monitoring of the C&DLF unit(s). Any proposed additional activities fliust shall be
submitted to the Division for review, approval, and permitting, as applicable, before
construction and operation.
History Note. Authority G.S. 130-4-294;
Eff. January 1, 289-7-.2007;
Readopted E,f'. July 1, 2020.

C-41
15A NCAC 13B .0535 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0535 APPLICATION REQUIREMENTS FOR C&DLF FACILITIES
(a) New permit as defined in G.S. 130A-294(a3)(1)a, c, d, and e. Po...,,;t for- a new f edit.. i aeeerda-nee with Ruke
0201 of this Section the rofmit for- , new C&D F f eil t y shall have two rai4s: An applicant for a new C&DLF
permit as defined in in G.S. 130A-294(a3)(1)a, c, d, or e shall meet the requirements of Rule .0536 of this Section
prior to submitting an application for a permit to construct.
(1) Permit to Construct. The am%er- and ^ .,,tor of a new f eil ty must moot the Fequifements of Rtio
0536 of this Seetioprior-to s4m tting an application f a omit to , nstmet- A complete
application for a permit to construct must shall contain the following:
(A) a facility plan that describes the comprehensive development of the C&DLF facility
prepared in accordance with Rule .0537 of this Section;
(B) an engineering plan for the initial phase of landfill development prepared in accordance
with Rule .0539 of this Section;
(C) a construction quality assurance plan prepared in accordance with Rule .0541 of this
Section;
(D) an operation plan prepared in accordance with Rule .0542 of this Section;
(E) a closure and post -closure plan prepared in accordance with Rule .0543 of this Section; and
(F) monitoring plans prepared in accordance with .
Rule .0544 of this Section; and
(G) a corporate ownership organization chart and an environmental compliance history for the
applicant in accordance with G.S. 130A-295.3.
(2) Permit to Operate. The owner and operator must shall meet the pre -operative requirements of the
permit to construct Ito qualify the constructed C&DLF unit for a permit to operate.
■
( New permit as defined in G.S.130A-294(0)(1)b. An application for a new C&DLF permit as defined in
G.S.130A-294(a3)(1)b shall contain:
(1) a facility plan that describes the comprehensive development of the C&DLF facility prepared in
accordance with Rule .0537 of this Section;
(2) local government approval in accordance with Rule .0536(c)(11) of this Section; and
(3) a corporate ownership organization chart and an environmental compliance history for the applicant
in accordance with G.S. 130A-295.3.
(c(b) Amendment to the permit. An application for an amendment to the permit must shall contain:
(1) an updated engineering plan prepared in accordance with Rule .0539 of this Section;
(2) an updated construction quality assurance plan prepared in accordance with Rule .0541 of this
Section;

C-42
(3) an updated operation plan prepared in accordance with Rule .0542 of this Section;
(4) an updated closure and post -closure plan prepared in accordance with Rule .0543 of this Section;
and
(5) an updated monitoring plan prepared in accordance with Rule .0544 of this ce�.Section; and
(6) an updated corporate ownership organization chart and an updated environmental compliance
history for the applicant in accordance with G.S. 130A-295.3.
(d) Modifications to the permit. The owner or operator may propose to modify plans that were prepared and approved
in accordance with the requirements set forth in Rules .0531 through .0546 of this Section. A complete application
must shall identify the requirement(s) proposed for modification and provide stiffieient information in order- to
demonstfate that demonstrates compliance with the applicable rquir-eme s Rules .0531 through .0546 of this Section.
(e) A permit for closure and post -closure. An application for closure and post -closure permit shall contain:
(1) an updated engineering plan prepared in accordance with Rule .0539 of this Section;
(2) an updated construction duality assurance plan prepared in accordance with Rule .0541 of this
Section;
(3) an updated closure plan and updated post -closure plan prepared in accordance with Rule .0543 of
this Section; and
(4) an updated corporate ownership organization chart for the applicant.
History Note: Authority G.S. 130A-294;
Eff. January 1, 290-72007;
Readopted Eff. July 1, 2020.

C-43
15A NCAC 13B .0536 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES
(a) Purpose. As required under Rule .0535 of this Section, the owner or operator must shall prepare a site study •• e
that meets the requirements of this Rule. The Division shall review the site study for a proposed new facility prior to
consideration of an application for a permit to construct. Following review of the site study, the Division shall notify
the applicant that either:
(1) the site is deemed suitable for establishing a C&DLF unit and the applicant is authorized to prepare
an application for a permit to construct in accordance with Rule .0535 of this Section; and the site -
specific conditions and design requirements stated in the notification, if and or
(2) the site is deemed unsuitable for establishing a C&DLF unit(s) and shall specify the reasons that
would prevent the C&DLF unit(s) from being operated in accordance with G.S. 130A Article 9, of
this Subchapter, and any applicable federal laws and regulations.
(b) Scope. The site is shall be the land whieh that is proposed for the landfill facility. The site study shall present
presents a characterization of the land, incorporating various investigations and requirements pertinent to suitability
of a C&DLF facility. The scope of the site study shall include des criteria associated with the public health and
welfare, and the environment. The economic feasibility of a proposed site is shall not be within the scope of this study.
The information in the site study must shall accurately represent site characteristics and and, if required by G.S. 89C,
89E, or 89F and not under the purview of another licensed profession, wmst shall be prepared by licensed professional
engineers, licensed geologists, licensed soil scientists, or licensed professional land surveyors. qualified envir-enmental
professionals as set fefffi in Subpafagr-aph (a)(3) of Rule .0202 of this Subehapter. New C&DLF unit(s) and
e3Must shall comply with the location restrictions set forth in Subparagraphs (c)(4) through
(c)(10) of this Rule. n.,.-.,grapH (e) of ths Rule, Subp , -agr-, phs (4) t -,.ugh (0) h ewTo demonstrate compliance
with specific criteria for each of the respective location restrictions, documentation or approval by agencies other than
the Division of Waste Management, Solid Waste Section may be required. The scope of demonstrations including
design and construction performance must shall be addressed in the site study.
(c) The site study prepared for a C&DLF facility must shall include the information required by this Paragraph.
(1) Characterization study. The site characterization study area includes the landfill facility and a 2000-
foot perimeter measured from the proposed boundary of the landfill facility. The study must shall
include an aerial photograph taken within one year of the original submittal a. e, date the site study
is submitted to the Division, a report, and a local map. The map and photograph must shall be at a
scale of at least one inch equals 400 feet. The study mttst shall identify the following:
(A) the entire property proposed for the disposal site and any on -site easements;
(B) existing land use and zoning;
(C) the location of residential structures and schools;
(D) the location of commercial and industrial buildings, and other potential sources of
contamination;

C-44
(E) the location of potable wells and public water supplies;
(F) historic sites;
(G) state nature and historic preserves;
(H) the existing topography and features of the disposal site including: general surface water
drainage patterns and watersheds, 100-year floodplains, perennial and intermittent streams,
rivers, and lakes; and
(I) the classification of the surface water drainage from landfill site in accordance with 15A
NCAC 02B .0300.
(2) Proposed Facility Plan. A conceptual plan for the development of the facility inel ding a-awi^^�
^a a report shall be prepared which includes the drawings and reports described in
Subp.,...,..aphs (d)(1),(e)(1),(ev2) aa (eX3 efRule •n� .0537(d)(1), (e)(1), (e)(2), and (e
of this Section.
(3) Site Hydrogeologic Report. The study tshall be prepared in accordance with the requirements
set forth in Rule .0538(a) of this Section.
(4) Floodplain Location Restrietiew,, Restrictions.
(A) C&DLF units or constructed embankments used to construct a C&DLF unit ffmst shall not
be located in a 100-year floodplain unless a variance for the facility has been issued in
accordance with G.S.143-215.54A.
(B) C&DLF units must shall not be located in floodplains unless the owners or operators
demonstrate that the unit will not restrict the flow of the flood, reduce the temporary water
storage capacity of the floodplain, or result in washout the caMing away of solid waste se
as to Pese
(C) C&DLF units shall meet the floodplain restrictions of G.S.130A-295.6(c)(1) in accordance
with the effective date and applicabili . requirements of S.L. 2007-550.
(5) Wetlands Location Restriction. For purposes of this Rule, wetlands shall mean the areas defined in
40 CFR 232.2. C&DLF units shall meet the wetland location restrictions of G.S.130A-295.6(c)(2)
in accordance with the effective date and annlicability reauirements of S.L. 2007-550. New C&DLF
units exempt from G.S.130A-295.6(c)(2) and lateral e . ,—t shall not be located in
wetlands, unless the owner or operator demonstrates the following for Division approval. can -i"'i-take
the following demenstra4ions to the Divisiew
(A) Where applicable under Section 404 of the Clean Water Act or applicable State wetlands
laws, the presumption that a practicable alternative to the proposed landfill facility is
available which does not involve wetlands is elear-ly rebutted.
(B) The construction and operation of the C&DLF unit(s) will not cause or contribute to
violations of any applicable State water quality standards and will not violate any
applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act.

C-45
(C) The construction and operation of the C&DLF unit(s) will 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. The construction and operation of the C&DLF unit(s) will not violate any
requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the
protection of a marine sanctuary.
(D) The construction and operation of the C&DLF unit(s) will not cause or contribute to
sig4�degradation of wetlands.
(E) The owner or operator miast shall demonstrate the integrity of the C&DLF unit(s) and its
ability to protect ecological resources by addressing the following factors: (1) erosion,
stability, and migration potential of native wetland soils, muds and deposits used to support
the C&DLF unit; (2) erosion, stability, and migration potential of dredged and fill materials
used to support the C&DLF unit; the volume and chemical nature of the waste managed in
the C&DLF unit; (3) impacts on fish, wildlife, and other aquatic resources and their habitat
from release of the solid waste; (4) the potential effects of catastrophic release of waste to
the wetland and the resulting impacts on the environment; and (5) any additional factors
€aetoFs, as neeessafy, to demonstrate that ecological resources in the wetland are
sufy-protected to the extent required under Section 404 of the Clean Water Act or
applicable State wetlands laws.
(F) The owner or operator must shall demonstrate that steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first avoiding
impacts to wetlands to the maximum extent practicable as required by Parts (5)(A) through
(5)(D) of this Para rgranh, Pa -A (e)(5)(^ `�) (D)-of thisRul-,-then minimizing unavoidable
impacts to the maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appr-e,.Fime and pr-ae eable compensatory mitigation actions
(e.g., restoration of existing degraded wetlands or creation of man-made wetlands).
(G) The owner or operator must shall also demonstrate that sufficient information is available
to make a reasonable determination with respect to each of the demonstrations required by
this Rule.
(14) FOF PUfffSeS Of this RHIe, WeflandS Means those ai-7eas tha4 ai-7e defined in 40 CFR 232.2(F).
(6) Unstable Area Location Restrictions. Owners and operators of new C&DLF unit(s) a -ad
e s. — proposed for location in an unstable area mttst shall demonstrate that engineering
measures have been incorporated in the C&DLF unit's design to ensure that the integrity of any
structural components of the C&DLF unit will not be disrupted. The owner and operator must shall
consider the following factors, at ^ minimum, -factors when determining whether an area is unstable:
(A) On site or local soil conditions that may result in significant differential settling;
(B) On site or local geologic or geomorphologic features; and

C-46
(C) Orgy -soon -site or local human -made features or events (both surface and subsurface).
(7) Cultural Resources Location Restrictions. A new C&DLF unit of lateF^' expansion must shall not
damage or destroy a property of archaeological or historical significance which has been listed of
detei:faiaea eligible far- ^ lisfin� �on the National Register of Historic Plaees. Places or included
on the Study List for the Register, To aid in making make a determination as to whether the property
is of archeological or historical significance, the State's Historic Preservation Office in the
Department of Natural and Cultural Resources may request that the owner and operator perform
a site -specific survey that shallT��'�i�be included in the Site Study.
(8) State Nature and Historic Preserve Location Restrictions. A new C&DLF unit or later -a! exp ^^
mus shall not have an adverse impact, considering the purposes for designation of the Preserve
lands and the location, access, size size and operation of the landfill, on any lands included in the
State Nature and Historic Preserve.
(9) Water Supply Watersheds Location Re s; Restrictions.
(A) A new C&DLF unit shall not be located in the critical area of a
water supply watershed, or in the watershed for a stream segment classified as WS-I, or in
watersheds of other water bodies which indicate that no new landfills are allowed in
accordance with the i:ules eodified at 15A NCAC 02B motion .0200..0200 entitle
!'---1.--- 11
(B) Any new C&DLF unit or- Wer-al expansion, that proposes to discharge leachate to
surface waters ^shall obtain a National Pollution Discharge Elimination System
(NPDES) Permit from the Division of Environmental Quali Management pursuant to
Section 402 of the United States Clean Water Act, mast and shall not be located within
watersheds classified as WS-II or WS-III, or in watersheds of other water bodies which
indicate that no new discharging landfills are allowed, in accordance with the Fules eedifioa
at- 15A NCAC 02B Section .0200.
(10) Endangered and Threatened Species Location Restrictions. A now C&DLF unit or later -a! expansio
must 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.
(11) Local government approvals for C&DLFs.
(A) If the permit applicant is a unit of local government in which jurisdiction the proposed
C&DLF site is located, the approval of the governing board shall be required. Approval
may be in the form of either a resolution or a vote on a motion. A copy of the resolution
or the minutes of the meeting where the vote was taken must shall be submitted to the
Division as part of the site study.

C-47
(B) A permit applicant other than the unit of local government with jurisdiction over the
proposed landfill site must shall obtain a franchise in accordance with G.S 130A-
294 1 19O ^ 294 (b `(3) from each unit of local government in whose jurisdiction the site
is located. A copy of the franchise must shall be submitted to the Division as part of the
site study.
(C) Prior to issuance of approval or a franchise, the jurisdictional local government(s) where
the landfill is to be located shall hold at least one public meeting to inform the community
of the proposed waste management activities as described in the proposed facility plan
prepared in accordance with Subparagraph (2) of this Paragraph. The local government
where the landfill is to be located shall provide a public notice of the meeting at least 30
days prior to the meeting. For purposes of this Part, public notice must shall include a legal
advertisement placed in a newspaper or newspapers serving the county and provision of a
news release to at least one newspaper serving the county. Public notice R+Hst shall include
time, place, and purpose of the meetings required by this Part. The application for a
franchise or other documentation as required by the local government(s),
shall be placed at a location that is accessible by the public. This location ffmst shall be
noted in the public notice. The permit applicant mmust shall notify the property owners of
all property that shares a common border with the proposed facility by means of a U.S.
Postal Service registered letter, return receipt requested. The notice must shall give the
date, time time, and place of the public meeting, and must shall describe the €aeility
for- the landfill, ifteluding areal location and final elevation of all waste disposal units,
the type and amount of waste to be disposed at the landfill, any other waste management
activities to be conducted at the facility, and the proposed location of the entrance to the
facility. Mailings must shall be postmarked a minimum of 30 days prior to the public
meeting which is being noticed. The applicant must shall provide documentation of the
content and mailing of the notices in the site study.
(D) Public notice of the meeting must shall be documented in the site study. A tape recording
or a written transcript of the meeting, all written material submitted representing
community concerns, and all other relevant written material distributed or used at the
meeting mmust shall be submitted as part of the site study.
(E) A letter from the unit of local government(s) having zoning jurisdiction over the site which
states that the proposal meets all the requirements of the local zoning ordinance, or that the
site is not zoned, ffmst shall be submitted to the Division as part of the site study.
(d) Site suitability applioations for a new G&DLF facility or unit submitted in accordance with Rule .0504 (1) of this
Section must be submitted to the Division prior- to December 31, 2006.
History Note: Authority G.S. 130A-294;

I
Eff. January 1, 2WT2007;
Readopted ff. Jul
y 1, 2020.

C-49
15A NCAC 13B .0537 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0537 FACILITY PLAN FOR C&DLFS
(a) Purpose. As required tmdef Rule 0535 of this Seetia ., A permit applicant shall prepare a facility plan which
meets the requirements of this Rule.
(b) Scope.
(1) The facility plan must shall define the comprehensive development of the property proposed for a
permit or described in the permit of an existing facility. The plan ffmst shall include a set of drawings
and a report which that present the long-term, general design concepts related to construction,
operation, and closure of the C&DLF unit(s). The scope of the plan ffmst shall span the active life
of the unit(s). Additional solid waste management activities located at the C&DLF facility
shall be identified in the plan and fnust shall meet the requirements of this Subchapter. The facility
plan must shall define the waste stream proposed for management at the C&DLF facility. If different
types of landfill units or non -disposal activities are included in the facility design, the plan mus
shall describe general waste acceptance procedures.
(2) The areal limits of the C&DLF unit(s), total capacity of the C&DLF unit(s), and the proposed waste
stream mmust shall be consistent with the Division's approval se�rin accordance with Rule
.0536 a 1 .Q536-fa" of this Section for a new facility.
(c) Use of Terms. The terminology used in describing areas of the C&DLF unit(s) shall be defined as follows and
fnust shall be used consistently throughout a permit application.
(1) A "phase" is an area constructed that describes approximately five years of
operating capacity. An applicant may request a permit to construct for any number of phases up to
the entire extent of the disposal boundary for the life -of --site.
(2) A "cell" is a subdivision of a phase, which describes modular or partial construction.
(3) A "subcell" is a subdivision of a cell, which describes leachate and stormwater management, if
required, for active or inactive areas of the constructed C&DLF.
(d) Facility Drawings. The facility plan must shall include the following drawings:
(1) Site Development. The drawings whielrthat plot site development must shall be prepared on
topographic maps representative of existing site conditions; and the maps must shall locate or
delineate the following:
(A) Delineate the areal limits of all landfill units, and incorporate the buffer requirements set
forth in item (` of Rul4540 Rule .0540(1) of this Section;
(B) Locate all solid waste management facilities and facility infrastructure, including landfill
units;
(C) Delineate the areal limits of grading, including borrow and stockpile areas;
(D) Define phases of development, which do not exceed development of approximately five
years of operating capacity each; capacity;

C-50
(E) Delineate proposed final contours for the C&DLF unit(s) and facility features for closure;
and
(F) Delineate physical features including floodplains, wetlands, unstable areas, and cultural
resource areas as defined in Rule .n�.0536 c of this Section.
(2) Landfill Operation. The following information related to the long-term operation of the C&DLF
unit must shall be included in facility drawings:
(A) proposed transitional contours for each phase of development including operational grades
for existing phase(s) and construction grading for the new phase; and
(B) stormwater segregation features and details for inactive landfill subcells, if included in the
design or required.
(3) Survey. A survey locating all property boundaries for the proposed landfill facility certified by a
licensed professional land surveyor if required by G.S. 89C.
(e) Facility Report. The facility plan must shall include the following information:
(1) Waste stream. A discussion of the characteristics of the wastes received at the facility and facility
specific management plans mmust shall incorporate:
(A) the types of waste specified for disposal;
(B) average yearly disposal rates in tons and a representative daily rate that is consistent with
the local government approval in accordance with Rule .0536 .0536(c)(11) of this Section;
(C) the area served by the facility;
(D) procedures for segregated management at different on -site facilities; and
(E) equipment requirements for operation of the C&DLF unit(s).
(2) Landfill Capacity. An analysis of landfill capacity and soil resources must shall be performed.
(A) The data and assumptions used in the analysis must shall be included with the facility
drawings and disposal rates specified in the facility plan and representative of operational
requirements and conditions.
(B) The conclusions must shall provide estimates of gross capacity of the C&DLF unit; gross
capacity for each phase of development of the C&DLF unit; the estimated operating life of
all C&DLF units in years; and —required quantities of soil for landfill construction,
operation, and closure; and available soil resources from on -site. Gross capacity is defined
as the volume of the landfill calculated from the elevation of the initial waste placement
through the top of the final cover, including any periodic cover.
(3) Special engineering features.
(A) Leachate management systems, if required in accordance with the effective date and
applicability set forth in S.L. 2007-550 or if proposed by the applicant. The performance
of and design concepts for the leachate collection system within active areas of the C&DLF
unit(s) and any storm water segregation included in the engineering design must -shall be

C-51
described. Normal operating conditions must shall be defined. A contingency plan must
shall be prepared for storm surges or other considerations exceeding design parameters for
the storage or treatment facilities.
(B) Containment and environmental control systems. A general description of the systems
designed for proper landfill operation, system components, and corresponding functions
m}rst7shall be provided.
(C) Base liner systems, if required in accordance with the effective date and applicability set
forth in S.L. 2007-550 or if proposed by the applicant, shall be described.
(D) Other device, components, and structures, if proposed by the applicant, must shall be
described.
4) Traffic studv. A traffic studv and NC Department of Transportation certification shall be prepared
as required by G.S. 130A-295.5 and in accordance with the effective date and applicability set forth
in S.L. 2007-550.
(5) Study of Environmental Impacts. A study of environmental impacts shall be conducted as required
by G.S. 130A-295.6(a).
History Note: Authority G.S. 130A-294;
Eff. January 1, 200-7-.2007;
Readopted E,('. July 1, 2020.

C-52
15A NCAC 13B .0538 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0538 GEOLOGIC AND HYDROGEOLOGIC INVESTIGATIONS FOR C&DLF
FACILITIES
(a) Site Hydrogeologic Report. In accordance with Rule .0536(c)(3) of this Section, a A permit applicant must shall
conduct a hydrogeologic investigation and prepare a report. An investigation is required to shall assess the geologic
and hydrogeologic characteristics of the proposed site to determine the suitability of the site for solid waste
management activities, which areas of the site are most suitable for C&DLF units, and the general
groundwater flow paths and rates for the uppermost aquifer. The report must shall provide an understanding of the
relationship of the site greet efgroundwater flow regime to local and regional hydrogeologic features with
special emphasis on the relationship of C&DLF units to groundwater receptors (especially drinking
water wells) and to ground groundwater discharge features. Additionally, the scope of the investigation WMS
shall include the general geologic information necessary to address compliance with the pent location restrictions
described in Rule •n� .0536(c)(4) through (c)(10) of this Section. The Site Hydrogeologic Report wmst provide,
a.Tshall provide the following information:
(1) A report on local and regional geology and hydrogeology based on research of available literature
for the area. This information is to be used in planning the field investigation. For sites located in
piedmont or mountain regions, this report mst shall include an evaluation of structurally controlled
features identified on a topographic map of the area.
(2) A report on field observations of the site that includes information on the following:
(A) topographic setting, springs, streams, drainage features, existing or abandoned wells, rock
outcroys (;„�includina trends in strike and dips)-
, and other features that
may affect site suitability or the ability to effectively monitor the site; and
(B) ^t��groundwater discharge features. For a proposed site where the owner or
operator does not control the property from any landfill unit boundary to the controlling,
downgradient, ground water —groundwater discharge feature(s), additional borings,
geophysics geophysical surveyor other hydrogeological investigations may shall be
required to characterize the nature and extent of groundwater flow; and
(C) the hydrogeological properties of the bedrock, if the water table of the uppermost aquifer
gr-etmd wa4er- flew is ray in the bedrock. B For the purpose of this
Fule :s defined Rule, bedrock means material below auger refusal.
(3) Borings for which the numbers, locations, and depths are suffeiefA '^ provide an ade"ate
understanding of the subsurface conditions and ^r^t��groundwater flow regime of the
uppermost aquifer at the site. The number and depths of borings required will depend on the
hydrogeologic characteristics of the site. At ^ minimum, there must -There shall be no less than be
an average of one boring for each 10 acres of the proposed landfill facility „doss otherwise -
authorized
by the r iyis: facility. All borings intersecting the water table nwst shall be converted

C-53
to piezometers or monitoring wells in accordance with 15A NCAC 02C .0108. Boring logs, field
logs and notes, and well construction records for all onsite borings, wells, and piezometers shall be
placed in the operating record, and shall also be provided to the Division upon request. Field logs
and notes shall be legible; and may be typewritten.
(4) A testing program for the borings ,e that describes the frequency, distribution, and type of
samples taken and the methods of analysis analysis, such as ASTM Standards provided at
hgps://www.astm.org, � n 9TA1 c..,.,d -ds test methods appr-evedby the Division) used to bt
at a minimum, used to obtain the following information:
(A) standard penetration - resistance (^ ST-N4 P ' G96) using a method such as ASTM D 1586;
(B) particle size analysis (^ Sara P 422 using a method such as ASTM D 6913;
(C) soil classification: Unified Soil Classification System (T� using a method such as
ASTM D 2487; ,
(D) formation descriptions; and
(E) saturated hydraulic conductivity, porosity, effective porosity, and dispersive characteristics
for each lithologic unit of the uppermost aquifer including the vadose zone.
(5) In addition to borings, other investigation techniques may be used to -vestig to obtain an
understanding of the subsurface conditions at the site, inel ding Out not lifnite,a te: including
geophysical well logs, surface geophysical surveys, and tracer studies.
(6) Stratigraphic cross -sections identifying hydrogeologic and lithologic units, and stabilized water
table elevations.
(7) Water table information, including:
(A) tabulations of water table elevations measured at the time of boring, 24 hours, and
stabilized readings for all befi gs (measuFe borings, measured within a period of time
short enough to avoid temporal variations in gr-ati�groundwater flow which could
preclude accurate determination of ^r^t��groundwater flow direction and
ram,.
(B) tabulations of stabilized water table elevations over time Ito develop an
understanding of seasonal fluctuations in the water table;
(C) an estimation of the long-term seasonal high water table based on stabilized water table
readings, hydrographs of wells in the area, precipitation and other meteorological data, and
streamflow measurements from the site frequent enough to demonstrate infiltration and
runoff characteristics, and any other information available; and
(D) a discussion of any natural or man-made activities that have the potential for causing water
table fluctuations, including but not limited o,, tidal variations, river stage changes, flood
pool changes of reservoirs, high volume production wells, and injection wells.
(8) The horizontal and vertical dimensions of ground groundwater flow including flow directions,
rates, and gradients.

C-54
(9) Ground water- Groundwater contour map(s) to show the occurrence and direction of ground
groundwater flow in the uppermost aquifer and any other aquifers identified in the hydrogeologic
investigation. The ground ter groundwater contours must shall be superimposed on a topographic
map. The location of all borings and rock cores and the water table elevations or potentiometric
data at each location used to generate the gretmd wateff groundwater contours must shall be shown
on the ground --ffi—e- groundwater contour map(s).
(10) A topographic map of the site locating soil borings with accurate horizontal and vertical control,
which are tied to a permanent onsite benchmark.
(11) Information for public potable wells and public water supply surface water intakes within the site
characterization study are- area in accordance with Rule .05.0536(c)(1) of this Seetio
Section, including:
{�} available information and records for well construction, eenstr efien feee ds, number and
location served by wells, and production fated rates for public otp able water wells; and
(qn available information for all surface water intakes, including location, we use, and
production rate.
(12) Identification of other geologic and hydrologic considerations including but not limited *^: slopes,
streams, springs, gullies, trenches, solution features, karst terranes, sinkholes, dikes, sills, faults,
mines, groundwater discharge features, and groundwater
recharge/discharge areas.
(13) A report summarizing the geological and hydrogeological evaluation of the site that includes the
following:
(A) a description of the relationship between the uppermost aquifer of the site to local and
regional geologic and hydrogeologic features, features;
(B) a discussion of the ground groundwater flow regime of the site focusing on the
relationship of C&DLF unit(s) to ground water groundwater receptors and to ground
groundwater discharge features-, —
features-(C) a discussion of the overall suitability of the proposed site for solid waste management
activities and which areas of the site are most suitable for C&DLF wtits-, units; and
(D) a discussion of the groingroundwater flow regime of the uppermost aquifer at the
site and the ability to e€feetWely monitor the C&DLF units Ito ensure early
detection of any release of constituents to the uppermost aquifer.
(b) Design Hydrogeologic Report Report. A geological and hydrogeolo icg al report shall be included in the
engineering plan that is required to be submitted in an application for a Permit to Construct in accordance with Rule
.0535(a)(1) of this Section.

C-55
(1)
Construet. This r-epeft must eantain the infoFmation r-equired by 94pafagr-aph (2) of this Paragraph.
The number and depths of borings required to characterize the geologic and hydrogeologic
conditions of the landfill facility must shall be based on the site -specific geologic and hydrogeologic
characteristics of the landfill facility, and there shall be no less than =aei-1i�y. At a fninimthm, there
man average of one boring for each acre of the investigative area. The area of investigation
Estt—amini a+, —shall be the area within the landfill unit footprint and the landfill unit
compliance boundary, as defined in Rule .0544(b)(1)(B) of this Section, unless otherwise authorized
by the Division. The scope and purpose of the investigation is shall be as follows:
(A) The investigation must shall provide adequate information to demonstrate compliance with
the vertical separation and foundation standards set forth in items (2) an (5) eFRule 0540
Rule .0540(2) and (5) of this Section.
(B) The investigation shall provide detailed and localized data
itwesfiga4ian of the hydrogeologic characteristics of the uppermost aquifer for the proposed
phase of C&DLF development and any leachate management " units The
of this 4westigation ;s to p .;.le fn a detailed and 1,,e lize.l data a the hydr-egeeleg e
Fegime fe this area i eFde,. to design an effective water quality monitoring system.
(2) The Design Hydrogeologic Report mmustpr-evide, at —a shall provide the following
information:
(A) the information required in Subparagraphs (a)(4) through (a)(12) of this Rule;
(B) the technical information necessary to determine the design of the monitoring system as
required by P"r-aph (b) eFRule .0544.0544 b of this Section;
(C) the technical information necessary to determine the relevant point of compliance as
required by Pa44 (b)(1 `(B) eFRule .0544.0544(b)(1)(B) of this Section;
(D) for sites located in the piedmont or mountain regions, rock cores of no less than the upper
10 feet of the bedrock ( for sites located in the piedmont or ri,ou-P ainregions) for which the
ethers locations and depths e adequate to provide an understanding of the fractured
bedrock conditions and ground water groundwater flow characteristics of the area of
investigation. of at least the upper 10 feet F the bedrock.- Testing for the corings must
pr-evide, a4 ., mini ,, +, shall provide rock types, recovery values, rock quality designation
(RQD) values, saturated hydraulic conductivity and secondary porosity values, and rock
descriptions, including fracturing and jointing .; patterns;
(E) a ^Ye11�groundwater contour map based on the estimated long-term seasonal high
water table that is superimposed on a topographic map and includes the location of all
borings and rock cores and the water table elevations or potentiometric data at each location
used to generate the ground watergroundwater contours;

C-56
(F) for sites located in piedmont or mountain regions, a bedrock contour map (for sites located
in pieamen* or mountain regions` illustrating the contours of the upper surface of the
bedrock that is superimposed on a topographic map and includes the location of all borings
and rock cores and the top of rock elevations used to generate the upper surface of bedrock
contours;
(G) a three difne s:^" three-dimensional ^r^��groundwater flow net or several
hydrogeologic cross -sections that characterize the vertical gr-otmd wMer groundwater flow
regime for this area;
(H) a report on the ^r^tmrgroundwater flow regime for the area including ^r^tI
groundwater flow paths for both horizontal and vertical components of ^r^tli
groundwater flow, horizontal and vertical gradients, flow rates, ground ter and
groundwater recharge areas and discharge areas;
(I) a report on the soils in the four feet immediately underlying the waste with relationship to
properties of the soil. Soil testing cited in Subparagraph (a)(4) of this Rule rr+Hst shall be
used as a basis for this discussion; and
(J) a certification by a T ieensea Geologist --licensed geologist that all borings that
intersect the water table at the site have been constructed and maintained as permanent
monitoring wells in accordance with 15A NCAC 02C .0108, or that the borings will be
preper-ly abandoned prior to landfill construction in accordance with the procedures for
permanent abandonment of wells as delineated in 15A NCAC 02C .0113. At the time of
abandonment, all A41-piezometers within the landfill unit footprint area =st shall be
overdrilled to the full depth of the boring boring or to the top of bedrock, whichever is
encountered first, prior to cement or bentonite grout placement. ^'w-effw *, ara *' ^ The
level of the grout within the boring =st not exceed in height the elevation of the
proposed basegr-ade. base grade.
History Note: Authority G.S. 130A-294;
Eff January 1, 200-7-.2007;
Readopted Elf. July 1, 2020.

C-57
15A NCAC 13B .0539 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0539 ENGINEERING PLAN FOR C&DLF FACILITIES
(a) Purpose. The engineering plan must shall incorporate the detailed plans and specifications relative to the design
and performance of the C&DLF's containment and environmental control systems. iris The plan =st shall set forth
the design parameters and construction requirements for the components of the C&DLF's systems and =st shall
establish the responsibilities of the design engineer. The engineered components must shall be described in Rule .0540
of this Section. As required under Rule .0535 of this Section, the owner or operator must shall submit an engineering
„laPplan that meets the requirements of this Rule.
(b) Responsibilities of the design engineer. The engineering plan must shall be prepared by a licensed professional
engineer if required by G.S. 89C,
and =st shall meet the requirements of this Rule. The design engineer =st shall incorporate a statement certifying
this fact and bearing his or her seal of registration.
(c) Scope. An engineering plan must shall be prepared for the proposed area a -phase -of development not
that provides no less than 1Tfive years of operating capacity and no more than the total facility capacity,
consistent with the development phases and design criteria defined in the facility plan. The engineering plan shall
contain a report and a set of drawings that whieh eensistentl - represent the engineering design.
(d) An engineering report =st shall contain:
(1) A summary of the facility design that includes:
(A) a discussion of the analytical methods used to evaluate the design,
(B) definition of the critical conditions evaluated and assumptions made,
(C) a list of technical references used in the evaluation, and
(D) completion of any applicable location restriction demonstrations in accordance with Rule
.0536 of this Section.
(2) A description of the materials and construction practices that conforms to the requirements set forth
in Rule .0540 of this Section.
(3) A copy of the Design Hydrogeologic Report prepared in accordance with Paragraph (b) of Rule
.0538 Rule .0538(b) of this Section.
(e) Engineering drawings must shall illustrate:
(1) existing conditions: site topography, features, existing disposal areas, roads, and buildings;
(2) grading plans: proposed limits of excavation, subgrade elevations, and intermediate grading for
partial construction;
(3) stormwater segregation system, if required: location and detail of features;
(4) cap system: base and top elevations, landfill gas devices, infiltration barrier, surface water removal,
protective and vegetative cover, and details;
(5) temporary and permanent sedimentation and erosion control plans;
(6) vertical separation requirement estimates including:

C-58
(A) Cross -sections, showing borings, which indicate existing ground surface elevations, base
grades, seasonal high water table, n,.oun water'eyea', estimated long-term seasonal high
���groundwater level in accordance with Part ")(2)( ) of Rule .0538(b)(2)(E)
.0538-of this Section, and bedrock level in accordance with Part (b)(2)() of Rule .0538
.0538(b)(2)(F) of this Section; and
(B) A map showing the existing ground surface elevation and base grades. The map must shall
include labeled boring locations which indicate seasonal high grotmdgroundwater
level, estimated long term high gr^t�groundwater level in accordance with Part
"b"'" f Rule .0538(b)(2)(E) .n�of this Section, and bedrock level in accordance
with Part (b)(2)(F) of Rule .0538 .0538(b)(2)(F) of this Section.
(f) The engineering plan must shall also describe and illustrate additional engineering features and details including,
if proposed by the the cap system, leachate collection systemsystem, and base liner system, if present. l*ef
system.. A leachate collection system and a liner system shall be required pursuant to G.S. 130A-295.6(e)i
accordance with the effective date and applicability set forth in S.L. 2007-550. Cap systems, leachate collection
systems systems, leachate storage, and base liner systems ffmst shall be designed in accordance with Rules .1620 and
.1621 of this Subch3 ter.NC Solid Waste Management Rules 15A �.r�3B 1620 a -ad 1621.
History Note: Authority G.S. 130A-294;
Eff. January 1, 299-7-.2007;
Readopted E,('. July 1, 2020.

C-59
15A NCAC 13B .0540 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0540 CONSTRUCTION REQUIREMENTS FOR C&DLF FACILITIES
This Rule shall establishes+a'es-the performance standards and minimtim criteria for designing and constructing a
C&DLF unit. Additional standards for the cap system are described in Rule .0543 of this Section.
(1) Horizontal separation requirements.
(a) Property line buffer. New C&DLF unit(s) permitted after January 1, 2007 at ^ new f edity
must shall have a establish ^ m iaiff,,,.,., 200 feet buffer of no less than 200 feet between the
C&DLF unit and all property lines for monitoring purposes. Existing operating units Hmst
at a shall maintain existing upgradient buffers of 50 feet or more.
(b) Offsite residential structures and wells. All C&DLF units at a new f eih ,m+tst shall have
a establish a fnirimum 500 feet -buffer of no less than 500 feet between the C&DLF unit
and existing residential structures and wells. wells existing at the time that the Division
issues a notification of site suitability in accordance with Rule .0536(a)(1) of this Section.
(c) Surface waters. All C&DLF units at new f4eilities .,-,must shall have a establish a min*
50-feet-buffer of no less than 50 feet between the C&DLF unit and any stream, river, lake,
peiw1-pond, or other waters of the state State as defined in G.S. 143-212.
(d) ling Other landfill units. A moniteFing zon uffer must shall be established between
a proposed C&DLF unit and any existing landfill units such as MSW, Industrial,
C&DLF, or Land Clearing and Inert Debris (LCID), in-efder--to establish a ground wa4e�
groundwater monitoring system to allow monitoring of each unit separately as set forth in
Rule .0544 of this Section.
(e) Additional requirements for applications submitted on or after August 1, 2007. C&DLF
units shall meet the horizontal separation requirements of G.S. 130A-295.6(b) and (d) and
shall be in accordance with the effective date and applicability requirements of S.L. 2007-
550 and S.L. 2007-543.
(2) Vertical separation requirements.
(a) C&DLF unit(s) mushshall be constructed so that the post -settlement bottom elevation of
waste is a mininium of no less than four feet above the seasonal high ground -water table
and the bedrock datum plane contours established in the Design Hydrogeological Report
prepared in accordance with Pafa .,-aph (b) of Rule .0538 b -.38-of this Section. Lined
C&DLFs shall meet the vertical separation reauirements of G.S. 130A-295.6(t) in
accordance with the effective date and applicability reauirements of S.L. 2007-550.
(b) In -situ or modified soils making up the upper two feet of separation as required by Sub -
Item (a) of this Item, must shall consist of the following: SC, SM, ML, CL, MH, or CH
soils per Unified Soil Classification System or as specified in the approved construction
plan.

C-60
(3) Survey control.
(a) One permanent benchmark of known elevation measured from a U.S. Geological Survey
benchmark must shall be established and maintained for each 50 acres of developed
landfill, or part thereof, at the landfill facility. This benchmark shall be the reference point
for establishing vertical elevation control. Any survey performed pursuant to this Sub -Item
ffRtst-shall be performed by a licensed professional land surveyor if required by G.S. 89C.
Registered Land 8ttFvey@r-.
(b) Latitude and lon ig tude,Leagitiide, expressed in decimal degrees, ffmst shall be indicated at
the approximate center of the facility.
(4) Location coordinates. The North Carolina State Plane (NCSP) coordinates must shall be established
and one of its points must shall be the benchmark of known NCSP coordinates.
(5) Landfill subgrade. The landfill subgrade is the in -situ or modified soil layer(s), constructed
embankments, and select fill providing the foundation for construction of the unit. The landfill
subgrade must shall be graded in accordance with the engineering
plan prepared in accordance to Rule .0539 of this Section, which is are incorporated into the permit
to construct in accordance with Paragraph (b) of -Rule .n�.0534(b)(1) of this Section as follows:
(a) The owner or operator of the C&DLF unit mmust shall have the subgrade inspected by a
qualified geologist or engineer when excavation is completed.
(b) The owner or operator of the C&DLF unit must shall notify the Division
via email aWeast-no less than 24 hours before subgrade inspection.
(c) Compliance with the requirements of Sub -Item (2)(b) of this Rule filust shall be in
accordance with Paragraph (b) ^f Rule .0538-.0538 b of this Section or by placement of
soil in accordance with this Sub -Item and verified in accordance with Rule .0541 of this
Section.
(6) Special engineering structures. Engineering structures, including cap systems, incorporated in the
design and necessary to comply with the requirements of this Section must shall be specified in the
engineering plan. Material, construction, and certification requirements necessary to ensure that the
structure is constructed in accordance with the design and acceptable engineering practices mus
shall be included in the plans prepared in accordance with Rule .0539 of this Section.
(7) Sedimentation and erosion control. ^ dequ 4e stpa tur-es Structures and measures must shall be
designed and maintained to manage the rainwater that drains over land from or onto any part of the
facili . or unit Fun a and run generated by the 24-hour, 25-year storm event, and conform to
the requirements of the Sedimentation Pollution Control Law (15A NCAC PAC)" and any required
NPDES permits.
(8) Construction quality assurance (CQA) report. A CQA report must shall be submitted in accordance
with Rule .0541 of this Section.

C-61
(9) Maximum capacity, disposal area, and height for applications submitted on or after August 2007.
Landfills shall meet the requirements of G.S. 130A-295.6(i) regarding maximum allowed capacitY,
disposal area and height in accordance with the effective date and applicability requirements of S.L.
2007-550.
History Note: Authority G.S. 130A-294;
Eff. January 1, 2007-.2007;
Readopted Ej .July 1, 2020.

C-62
15A NCAC 13B .0541 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0541 CONSTRUCTION QUALITY ASSURANCE FOR C&DLF FACILITIES
(a) Puf a of the The construction quality control and quality assurance (CQA) „plan. The GQA-plan must shall
describe the observations and tests that will be used before, during, and upon completion of construction to ensure
that the construction and materials meet the design specifications and the construction and certification requirements
set forth in Rule .0540 of this Section. The CQA plan ffmst shall also describe the procedures to ensure that the
integrity of the landfill systems will be maintained prior to waste placement.
(b) For construction of each cell, the CQA plan miast shall include: ine tide at ^ mi
(1) Responsibilities and authorities. The plan must shall establish responsibilities and authorities for
the construction management organization. A pre -construction meeting must shall be conducted
prior to beginning construction of the initial cell unless otherwise indicated
in the permit. The meeting must shall include a discussion of the construction management
organization, respective duties during construction, and periodic reporting requirements for test
results and construction activities;
(2) Inspection activities. A description of all field observations, tests tests, ^ equipment,
and calibration procedures for field testing equipment that will be used to ensure that the
construction meets or exceeds all design criteria established in accordance with Rules .0539, .0540
afid Rule 0543 n,.,-.,,.rap .0540, and .0543(d) of this Section;
(3) Sampling strategies. A description of all sampling protocols, sample size size, methods for
determining sample locations, and frequency of sampling must be pfesen4ed in the GQA plan;
(4) Documentation. A description of reporting requirements for CQA activities; and
(5) Progress and troubleshooting meetings. A description of planned progress and troubleshooting
meetings, including the frequency, shall be included in the CQA Plan. The meetings shall occur no
less than twice per week, and the ^ plan f holding daily and ,r „thly tr-e4leshaeting meetings.
The proceedings of the meetings must shall be documented.
(c) Purpose of the CQA report. The CQA report must shall contain the results of all the construction quality assurance
and construction quality control testing including documentation of any failed test results, descriptions of procedures
used to correct the improperly installed material, and results of all retesting performed. The CQA report must shall
contain as -built drawings noting any deviation from the approved engineering 1p ans,plims and =st shall also contain
a comprehensive narrative including including, but not limited to, daily reports from the project engineer, a series of
color photographs of major project features, and documentation of proceedings of all progress and troubleshooting
meetings.
(d) For construction of each cell, the CQA report must shall be submitted:
(1) after completion of landfill construction in order to qualify the constructed C&DLF unit for a permit
to operate;

C-63
(2) after completion of construction of the cap system in accordance with the requirements of Rule
.0543 of this Section; and
(3) in accordance with the reporting schedule developed in accordance with Paragraph (b) of this Rule.
(4) The CQA report must shall bear the seal of the project engineer and a certification that construction
was completed in accordance with:
(A) the CQA plan,
(B) the conditions of the permit to construct, and
(C) the requirements of this Section. R+
(P) aeeefttable engineer-ingpraetiees
(e) The Division miist shall review the CQA report within 30 days of a complete submittal to ensure that the report
meets the requirements of this Rule.
History Note: Authority G.S. 130A-294;
Eff. January 1, 299-7-.2007;
Readopted E(f. July 1. 2020.

C-64
15A NCAC 13B .0542 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0542 OPERATION PLAN AND REQUIREMENTS FOR C&DLF FACILITIES
(a) The owner or operator of a C&DLF unit must shall maintain and operate the facility in accordance with the
operation plan prepared in accordance with this Rule. The , e -a4i .n plan m tst be submitted ; aeeer-danee with
D•,'o
.0535 of this Seetion. Eaeh phase of eper-a4ieft must be defined by an afeawhieh eentains appr-axifna4ely five years of
disposal eapaeity-.-
(b) Operation Plan. The owner or operator of a C&DLF unit must shall prepare an operation plan for each phase
proposed area of landfill development consistent with the engineering plan submitted in accordance with Rule .0539
of this Section. development-. The operation plan shall be submitted in accordance with Rule .0535 of this Section and
plan nust shall include the following: drawings and a a4 defining the in f ..ma4ien as identified i this Rule
(1) Operation drawings. Drawings must shall be prepared for each proposed area phase of landfill
development. The drawings must shall be consistent with the engineering plan and Frepafed in
shall illustrate the
following:
(A) existing conditions including the known limits of existing disposal areas;
(B) progression of operation including initial waste placement, daily operations, yearly contour
transitions, and final contours;
(C) stormwater controls for active and inactive subcells, if included in the design or required;
(D) special waste handling areas, such as asbestos disposal area, within the C&DLF unit;
(E) buffer zones, noting restricted use;
(F) stockpile and borrow operations; and
(G) other solid waste activities, such as tire disposal or storage, yard waste storage, white goods
storage, and recycling nads.p
(2) Operation Plat+-rMort. Desefiptiep-. The resort shall provide a narrative discussion of the operation
drawings and contain a description of the facility peration that conforms to owner and operator o
any C&DLF unit must maintain and operate the unit in accordance with the operation plan
des^r n-Paragraphs (c) through 0) (olof this Rule.
(c) Waste Acceptance and Disposal Requirements.
(1) A C&DLF ffmst accept only those solid wastes that it is permitted to receive. The landfill
owner or operator ffmst shall notify the Division within 24 hours of attempted disposal of any waste
the C&DLF is not permitted to receive, including waste from outside the area the C&DLF lull
is permitted to serve.
(2) Owners or operators of C&DLF units shall develop and implement a waste screening plan as
required by G.S 130A-295.6(g) in accordance with the effective date and applicability requirements
nf� L 7007-550

C-65
(D(2) Asbestos waste must shall be managed in accordance with 40 CFR 64-, 61(M). which is hereby
ted by mfer-enee ineluding any subsequent amendments and additions. Copies of 4 0 CFR
of Waste Managetnen4. The r-eguiiued- asbestos waste-ffiust Asbestos waste shall be covered
upon receipt, with soil or compacted waste, iep hat � � to prevent
airborne conditions. ^,.nation and .aus Asbestos waste shall be disposed of using methods that
prevent unintended exposure of asbestos by future land -disturbing activities, such as disposal in a
marked area separate and apart from other solid wastes, wastes or recording the latitude and
longitude coordinates of the asbestos area within the existing landfill footprint. won
Operation dig The disposal methods shall be described in the operations plan required by
Para rg anh (b) of this Rule.
(A) in a defined isolated area within the feetprin4 of the landfill,
(B) in an afea not eentipaus with ethef disposal afeas. Separa4e areas must wo de-M .-m-ea
(d) Wastewater treatment sludge must shall not be accepted for disposal. Wastewater treatment sludge may be
accepted, with the approval of the Division, for- utilization nation f it is used as a soil conditioner and incorporated into or
applied onto the vegetative growth layer. The wastewater treatment sludge must shall neither be applied at greater
than agronomic rates nor to a depth greater than six inches.
(e) Waste Exclusions. The following wastes must shall not be disposed of in a C&DLF unit:
(1) Gentamcrs containers such as tubes, drums, barrels, tanks, cans, and bottles unless they are empty
and perforated to ensure that no liquid waste, liquid-, hazardous waste, or municipal solid waste is
contained therein,
(2) Garbage gar, bage as defined in G.S. 130A-290(a)(7),
(3) Hazar-daus hazardous waste as defined in G.S. 130A-290(a)(8), to also include hazardous waste
from eenditionally o.,empt ve small quantity generators as defined by 40 CFR 260.10,
incorporated by reference at 15A NCAC 13A .0102(b),
(4) industrial industrial solid waste unless a demonstration has been made and approved by the Division
that the landfill meets the requirements of Rule .0503(2av;;v n .0503(2)(d)(ii)(A) of this Section,
(5) mid liquid wastes,
(6) M ieal-medical waste as defined in G.S. 130A-290(a)(18),
(7) municipal solid waste as defined in G.S. 130A-290(a)(18a),
(8) n lyehlar-i vAe b iphenyls polychlorinated biphenyl (PCB) wastes as defined in 40 CFR 761,
(9) Radieaetive waste wastes containing radioactive material as defined in G.S. 104E-5(14),
(10) Septage septage as defined in G.S. 130A-290(a)(32),
(11) age sludge as defined in G.S. 130A-290(a)(34),
(12) Special special wastes as defined in G.S. 130A-290(a)(40),
(13) White white goods as defined in G.S. 130A-290(a)(44), and

C-66
(14) Yard }and trash as defined in G.S. 130 n 290( )(4 c, 130A-290(a)(45); and
(15) The the following wastes cannot be received if separate from C&DLF waste: lamps or bulbs
including btA net lif iced e halogen, incandescent, neeneon, or fluorescent; lighting ballast or
fixtures; thermostats and light switches; batteries including bu4 not li nited .,. those from exit and
emergency lights and smoke detectors; lead pipes; lead roof flashing; transformers; capacitors; and
copper chrome arsenate (CCA) and creosote treated woods.
(16) Waste accepted for disposal in a C&DLF unit must shall be readily identifiable as C&D waste and
mast shall not have been shredded, pulverized, or processed to such an extent that the composition
of the original waste cannot be ascertained except as specified in Subparagraph (17) of this
Paragraph.
(17) C&D waste that has been shredded, „ pulverized, or otherwise processed may be accepted
for disposal from a facility that has received a permit from an authorized regulatory authority which
specifies such activities are inspected by the authority, and whose primary purpose is recycling and
reuse of the C&D material. A waste screening plan and waste acceptance plan must shall be made
available to the Division upon request.
(18) The owner or operator of a C&DLF mmust shall not knowingly dispose any type or form of C&D
waste that is generated within the boundaries of a unit of local government that by ordinance:
(A) bits prohibits generators or collectors of C&D waste from disposing that type or form
of C&D waste. waste; or
(B) lames requires generators or collectors of C&D waste to recycle that type or form of
C&D waste.
(f) Cover material requirements.
(1) Except as provided in Subparagraph (3) of this Paragraph, the owners and operators of all C&DLF
units mast shall cover the solid waste with six inches of earthen material when the waste disposal
area exceeds one-half acre and no less than at weekly. Cover must shall be placed at
more frequent intervals if necessary to control disease vectors, fires, odors, blowing litter, and
scavenging. A notation of the date and time of the cover placement nmst shall be recorded in the
operating record as specified in Paragraph (n) of this Rule.
(2) Except , provided in Subp,,..,,.,.aph (3) of this Paragraph, areas which Areas that will not have
additional wastes placed on them for three months or more, but where final termination of disposal
operations has not occurred, mast shall be covered and stabilized with vegetative ground cover or
other stabilizing ma4er-ial. material as provided for in Subpart re aph (3) of this Paragraph.
(3) Alternative materials or an alternative thickness of cover are allowed with prior approval of the fflay
be approved -by -the -Division if the owner or operator demonstrates that the alternative material or
thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a
threat to human health and the environment. A C&DLF owner or operator may apply for approval
of an alternative cover material. Alternative materials that have been annroved by the Division for

C-67
use at any C&DLF may be used at all C&DLFs in accordance with G.S. 130A-295.6(hl). if approval
is given by the Division, approval would extend to all C&DLF units at oHe Speeifie faeility.
(g) Spreading and Compacting requirements.
(1) C&DLF units must shall restrict solid waste into the smallest area feasible.
(2) Solid waste must shall be compacted as densely as practical into cells.
(3) ppr-epr-iMe �^ Methods such as fencing and diking ffmst-shall be provided within the area to
confine solid waste ..� that is subject to be blown by the wind. At the conclusion of each
operating day, all windblown material resulting from the operation must shall be collected and
disposed of by the owner and operator.
(h) Disease ^*^r vector control. Owners and operators of all C&DLF units ffxst shall prevent or control on -site
populations of disease -vectors using techniques appropriate for the protection of human health and the environment.
For purposes of this item, "disease eeter-s "vectors" means any rodents, flies, mosquitoes, or other animals or insects,
capable of transmitting disease to humans.
(i) Air Criteria and Fire Control.
(1) Owners and operators of all C&DLF units must shall ensure that the units do not violate any
applicable requirements developed under a State Implementation Plan (SIP) approved or
promulgated by the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act, as
amended.
(2) Open bumin �-burnin,g, as defined in 15A NCAC 02D Section .1900, of solid waste, except for the
approved burning of land clearing debris generated on -site or debris from emergency clean-up
operations, is prohibited at all C&DLF facilities. Prior to any bufflifig burning, a request =st shall
be sent to the Division for review. The Division will detefmine shall approve the burning to -be
appFeved -if the Division determines that the burning 4-it-is one of the two types of burning as
red described in this Subparagraph. A notation of the date of approval and the name of the
Division personnel who approved the burning must shall be included in the operating record.
(3) C&DLF units shall maintain equipment on site Equipment ent must be provid a to control accidental
fires and arrangements must shall be made with the local fire protection agency to inunediate
provide fire -fighting services. services when needed.
(4) Fires and explosions that occur at a C&DLF require verbal notice to the Division within 24 hours
and written notification within 15 days. Written notification must shall include the suspected cause
of fire or explosion, the response taken to manage the incident, and the action(s) to be taken to
prevent the future occurrence of fire or explosion.
0) Access and safety requirements.
(1) The C&DLF must shall be adequately secured to prevent unauthorized entrrby means of -such as
gates, chains, berms, fences, or natural barriers such as rivers. fences and other seer rity mo

(2) In accordance with G.S. 130A-309.25, an individual trained in landfill operations must shall be on
duty at the site while the facility -C&DLF is open for public use and at all times during active waste
management operations at the C&DLF to ensure compliance with operational requirements.
(3) The access road to the C&DLF site and access ^a^ to ,r niter- .,g leeatio s must shall be of all-
weather construction and maintained to allow access by Department vehicles or vehicles containing
waste. ix gee The access roads or paths to monitoring locations shall be maintained to
allow access by Department staff.
(4) Dust control measures must shall be implemented.
(5) Signs providing information on disposal procedures, the hours during which the site is open for
public use, the permit numbe number, and other- peftinent aMinformation specified in the permit
conditions to be included on the sign-flxst-shall be posted at the site entrance.
(6) Signs must shall be posted ,..hick at ^ minim m stating the types of waste that shall not be accepted
at the C&DLF unit, such as liquid waste, list­-ligiri , hazardous waste, and municipal solid waste.
(7) Traffic signs or markers must shall be provided as ry to „Femete an eFdeF y tfaffi^ pattefa to
direct traffic to and from the discharge area alto maintain efficient operating conditions.
(8) The removal of solid waste from a C&DLF is prohibited unless the unit has included in its
operational plan a recycling program which that has been approved by the Division. The general
public is prohibited from removal activities on the working face.
(k) Erosion and sedimentation control requirements.
(1) Adequate Sediment control measures consisting of vegetative cover, materials,
structures, or devices ffnustshall be utilized to prevent sediment from leaving the C&DLF facility.
(2) Adequate sediment Sediment control measures consisting of vegetative cover, materials,
structures, or devices ffnustshall be utilized to prevent exeessive-on-site erosion of the C&DLF
facility or unit.
(3) Provisions for a vegetative ground cover sufficient -to restrain erosion must shall be accomplished
as directed by appropriate Statestate or local agency upon completion of any phase of C&DLF
development consistent with Rule .0543(c)(5) of this Section.
(1) Drainage control and water protection requirements.
(1) Surface water must shall be diverted from the operational area.
(2) Surface water must shall not be impounded over or in waste.
(3) Solid waste must shall not be disposed of in water.
(4) Leachate must shall be contained on -site or treated prior to discharge. A
National Pollutant Discharge Elimination System(NPDES) permit may be required in accordance
with 15A NCAC 02B prior to the discharge of leachate to surface waters.
(5) C&DLF units must shall not:

C-69
(A) Cause 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 P011 4an
NPDES requirements, pursuant to Section 4A-2L.
402 of the Clean Water Act; or
(B) Cause 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 State-wide water
quality management plan that has been approved under Section 208 or 319 of the Clean
Water Act, as amended.
(m) Survey for Compliance. Within 60 days of the permittee's receipt of the Division's written request for a
suryev,fequest-, the permittee must eause to be ,.,,nduetoa a shall have a survey conducted of active or closed portions
of unit or units at the facility in-efle�to determine whether operations are being conducted in accordance with the
approved design and operational plans. The permittee must shall report the results of such survey, including a map
produced by the survey, to the Division within 90 days of receipt of the Division's request.
(1) A survey shall be required by the Division:
(A) If if there is reason to believe that operations are being conducted in a manner that deviates
from the plan listed in the effective pefmit, permit; or
(B) As as a verification that operations are being conducted in accordance with the plan listed
in the effective permit.
(2) Any survey performed pursuant to this Paragraph must shall be performed by a registered licensed
professional land surveyor if required by G.S. 89C.
(n) Operating Record and Recordkeeping requirements.
(1) The owner and operator of a C&DLF unit must shall record and retain at the facility, or in an
alternative location near the facility, the following information:
(A) records of random waste inspections, monitoring results, certifications of training, and
training procedures required by Rule .0544 of this Section;
(B) amounts by weight of solid waste received at the facility to include, consistent with G.S.
130A-309.09D, county of generation;
(C) any demonstration, certification, finding, monitoring, testing, or analytical data required
by Rules .0544 through .0545 of this Section;
(D) any closure or post -closure monitoring, testing, or analytical data as required by Rule .0543
of this Section;
(E) any cost estimates and financial assurance documentation required by Rule .0546 of this
Se Section and Section .1800 of this Subchapter.
(F) notation of date and time of placement of cover material; and
(G) all audit records, compliance records records, and inspection reports.

C-70
(2) All information contained in the operating record must shall be furnished to the Division according
to the permit, , or shall be made available for review by the Division at the
time and place of an inspection of the C&DLF or upon request. The information contained in the
operating record may be recorded and retained in paper format or in an electronic format that is
accessible and viewable by the Division. Fri-spe Je by the Division.
.
(3) The operating record must shall also include:
(A) A a copy of the approved operation plan required by this Rule and the engineering plan
required by Rule .0539 of this Section;
(B) A a copy of the current Permit to Construct and Permit to Operate; and
(C) The a coon of the Monitoring Plan, in accordance with Rule .0544 of this Section, included
as appendices to the Operation Plan.
(o) Leachate Management Plan. The owner or operator of a C&DLF unit designed with a leachate collection system
shall establish and maintain a leachate management plan that includes the following_
(1) periodic maintenance of the leachate collection system;
(2) maintaining records for the amount of leachate generated;
(3) annual leachate quali . sampling and analysis;
(4) approval documentation for final leachate disposal; and
(5) a contingency plan for extreme operational conditions.
History Note: Authority G.S. 130A-294;
Eff. January 1, 299-7-.2007;
Readopted Ej .July 1. 2020.

C-71
15A NCAC 13B .0543 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0543 CLOSURE AND POST -CLOSURE REQUIREMENTS FOR C&DLF FACILITIES
(a) Purpose. This Rule shall establish o..t..Les criteria for the closure of all C&DLF units and subsequent
requirements for post -closure compliance. The owner and operator must shall develop specific plans for the closure
and post -closure of the C&DLF facility or units that comply wither the rules of this Section, and submit
them to the Division for review and approval.
(b) Scope.
(1) ri sure Standards must be established This Rule shall establish standards for the scheduling and
documenting of closure of all C&DLF units and design of the cap system. Construction requirements
for the cap system must shall incorporate requirements from Rules .0540 and .0541 of this Section.
(2) Post elesufe. Standards z fe mustbeestablished This Rule shall establish standards for the
monitoring and maintenance of the C&DLF unit(s) following closure.
(c) Closure criteria.
(1) C&DLF units nuist shall install a cap system that is designed and constructed to minimize infiltration
and erosion. The cap system nuist shall be designed and constructed to:
(A) have a permeability less than or equal to soils underlying the landfill, or the permeability
specified for the final cover in the effective permit, or a permeability no greater than 1.0 x
10-5 cm/sec, whichever is less;
(B) minimize infiltration through the closed C&DLF unit by the use of a low -permeability
barrier that contains a minimum 18 inches of earthen material; and
(C) minimize erosion of the cap system and protect the low -permeability barrier from root
penetration by use of an erosion layer that contains a minimu m of no less than 18 inches
of earthen material that is capable of sustaining native plant growth.
(2) Construction of the cap system for all C&DLF units must shall conform to the plans prepared in
accordance with Rule —Rules .0539 and .0541 .0540 of this Section and the following requirements:
(A) post -settlement surface slopes must shall be a minimum of five percent and a maximum of
25 percent; and
(B) a gas venting or collection system must shall be installed below the low -permeability
barrier to minimize pressures exerted on the barrier.
(3) The Division may approve an alternative cap system or alternative post -settlement slopes if the
owner or operator ean do...enst ate demonstrates the following:
(A) the alternative cap system will achieve a reduction in infiltration equivalent to or greater
than the low -permeability barrier specified in Subparagraph (1) of this Paragraph;
(B) the erosion layer will provide protection equivalent to or greater than the erosion layer
specified in Subparagraph (1) of this Paragraph; and

C-72
(C) the alternative post -settlement slopes twill be stable, encourage runoff, be safe to
operate, and be safe to construct during operation and closure activities.
(4) Prior to beginning closure of each C&DLF unit as specified in Subparagraph (5) of this Paragraph,
an owner or operator must shall notify the Division in writing that a notice of the intent to close the
unit has been placed in the operating record. .
(5) The owner and operator mHst shall begin closure activities for that portion of each C&DLF unit
meeting one or more of the following requirements, unless an extension has been granted by the
Division: Pivision. Extensions beyond the deadline for begifming eleswe may be granted by the
Division if the owneF eF operator- demonstFates that the portion of the G&DLF ttnit has the eapaeity
to Feceive additional wastes and the owneF and operator has taken and will eentinue to take all steps
(A) No no later than 30 days after the date on which the C&DLF unit receives the known final
receipt of wastes;
(B) No no later than 30 days after the date that a 10 acre or greater area of fie, waste is
within 15 feet of final design grades; or
(C) No no later than one year after the most recent receipt of wastes, if the C&DLF unit has
remaining capacity.
Extensions beyond the deadline for beginning closure may be granted by the Division if the owner
or operator demonstrates that the portion of the C&DLF unit has the capacity to receive additional
wastes and the owner or operator has and will continue to prevent threats to human health and the
environment from the unclosed C&DLF unit.
(6) The owner and operator of all C&DLF units mmust shall complete closure activities of each C&DLF
unit in accordance with the closure plan within 180 days following the beginning of closure as
specified in Subparagraph (5) of this Paragraph. Extensions of the closure period may be granted by
the Division if the owner or operator demonstrates that closure will, of necessity, take longer than
180 days and they have grand will continue to take all steps to prevent threats to human health
and the environment from the unclosed C&DLF unit.
(7) Following closure of each C&DLF unit, the owner or operator must shall notify the Division that a
certification, signed by the project engineer verifying that closure has been completed in accordance
with the closure plan, has been placed in the operating record.
(8) Recordation.
`"Following closure of all C&DLF units, the owner or operator shall record a notice for
the landfill facilitv DroDerty at the local countv Reeister of Deeds office: and notifv the
Division that the notice has been recorded and a col) has been placed in the operatine
record. The notice may be a notation on the deed to the landfill facility property, at the
local county register of Deedsoffice, or may be some other instrument such as a
declaration of restrictions on the property that is normally exam discoverable during 4

C-73
title search for the landfill facility property "" r^' �a ��*if h 4 " to tha *' ^ totat o
has been recorded and " eopy has been ,.laee.i in the operating eeer-.7
(B) The „ota4i .n en th a"^a notice shall notify any potential purchaser of the
property that the land has been used as a C&DLF unit or facility and its future use is
restricted under the closure plan approved by the Division.
(9) The owner or operator may request pefmission approval from the Division to remove the
notice. notation 4om the deed The Division shall approve removal of the notice if all
wastes are removed from the €asility. landfill facility propeM.
(d) Closure plan contents. The owner and operator must shall prepare a written closure plan that describes the steps
necessary to close all C&DLF units at any point during their active life in accordance with the cap system requirements
in Paragraph (c) of this Rule. The closure plan, ^' ^ minimum, w ass plan shall include the following information:
(1) a description of the cap system and the methods and procedures to be used to install the
cap that conforms to the requirements set forth in Paragraph (c) of this Rule;
(2) an estimate of the largest area of the C&DLF unit requiring the specified cap system at any
time during the active life that is consistent with the drawings prepared €ov for
(A) --the operation plan for an existing C&DLF unit, or
(B�-the engineering plan or facility plan for a lateral expansion or new C&DLF unit;
(3) an estimate of the maximum inventory of wastes on -site over the active life of the landfill
facility;
(4) a schedule for completing all activities necessary to satisfy the closure criteria set forth in
Paragraph (c) of this Rule; and
(5) the cost estimate for closure activities as required under Section .1800 of this Subchapter.
(e) Post -closure criteria.
(1) Following closure of each C&DLF unit, the owner and operator shall conduct post -closure
care. Post -closure care must shall be conducted for 30 years, except as provided under Subparagraph
(2) of this Paragraph, and consist of "the following:
(A) maintaining the integrity and effectiveness of any cap system including making repairs to
the cover as necessary to correct the effects of settlement, subsidence, erosion, or other
events, and preventing rainwater that drains over land from or onto any part of the facility
or unit ^d„ on and fun off from eroding or other -wise damaging the cap system;
(B) monitoring the rtro���groundwater and surface water in accordance with the
requirements of Rules .0544 through .0545 of this Section and maintaining the ground
Ymter-groundwater monitoring s sy tem; system applicable-;
(C) maintaining and operating the gas monitoring system in accordance with the requirements
of Rule .0544 of this Section; and

C-74
(D) maintaining, operating operating, and decommissioning the leachate collection system, if
present, in accordance with the requirements of Rule .0544 of this Section. The Division
may allow the owner and operator to stop managing leachate if the owner or operator
demonstrates that leachate no longer poses a threat to human health and the environment.
(2) The length of the post -closure care period may be:
(A) decreased by the Division if the owner or operator demonstrates that the reduced period is
saffie ent to preteet protective of human health and the environment and this demonstration
is approved by the Division; or
(B) increased by the Division if the Division determines that the lengthened period is necessary
to protect human health and the environment.
(3) Every five years during the post -closure care period and following Following completion of the
post -closure care period for each C&DLF unit, the owner or operator =st shall notify the Division
that a certification , verifying that post -
closure care has been eempletec conducted in accordance with the post -closure plan, has been
placed in the operating record. If required by G. S. 89C, the certification shall be signed by a licensed
professional engineer.
(f) Post -closure plan contents. The owner and operator of all C&DLF units mast shall submit a written post -closure
plan to the Division that :,,ell es, at ^ mini .+R+, includes the following information:
(1) a description of the monitoring and maintenance activities required for each C&DLF unit, and the
frequency at which these activities test shall be performed;
(2) name, address, and telephone number of the person or office responsible for the facility during the
post -closure period;
(3) a description of the planned uses of the property during the post -closure period. Post -closure use of
the property shall not disturb the integrity of the cap system, base liner system, or any other
components of the containment system, or the function of the monitoring systems unless necessary
to comply with the requirements in Rules .0531 through .0546 of this Section. The Division may
approve disturbance if the owner or operator demonstrates that disturbance of the cap system, base
liner system, or other component of the containment system, including any removal of waste, will
not increase the potential threat to human health or the environment; and
(4) the cost estimate for post -closure activities required under Section .1800 of this Subchapter. Rule
.0546 of this Seetion.
History Note: Authority G.S. 130A-294;
Eff.' January 1, 2 T2007;
Readopted Eff. July 1, 2020.

C-75
15A NCAC 13B .0544 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0544 MONITORING PLANS AND REQUIREMENTS FOR C&DLF FACILITIES
(a) The owner or operator of a C&DLF unit shall submit a Water Quality VMonitoring Plan to the Division.mus be
submitted that eentains the follewing infermation and that shall apply to all C&DLF units. The Water Quality
Monitoring Plan raust shall be prepared in accordance with this Rile: Rule, and shall include information on the
groundwater monitoring systems, surface water sampling locations, sampling and analysis requirements, and detection
monitoring requirements contained in Paragraphs (b) and (c) of this Rule.
(b) Groundwater monitoring shall be as follows: Ground at€rmonitoring plan. A mat€rmonitoring plan,
including information on the proposed gFeiand water monitoring systern(s), sampling and analysis requirements, and
deteefien frionitoring r-equirernefits that fulfills the r-equirernents of Part (!)(A) through (1)(E) of this Paragraph, ra-us
be subr itte 7
(1) A gretmd groundwater monitoring system must shall be installed that consists of a suffieien
number ,.cwells, no less than one background and three downgradient wells installed at appropriate
locations and depths that 4eptl}s,-4o-yield gFetmd water groundwater samples from the uppermost
aquifer that:
(A) Represent jgpresent the quality of the background gret groundwater that has not
been affected by leakage from the unit. Normally,determination Determination of
background water quality wi44 shall be based on sampling of a well or wells that are
hydraulically upgradient of the waste management area. However, the determination of
background water quality may include sampling of wells that are not hydraulically
upgradient of the waste management area where hydrogeologic conditions do not allow the
owner and operator to determine which wells are hydraulically upgradient, or
hydrogeologic conditions do not allow the owner and operator to place a well in a
hydraulically upgradient location, or sampling at other wells will provide an indication of
background ground water groundwater quality that is as representative as that provided by
the upgradient well(s); and
(B) Represent represent the quality of ground watergroundwater passing the review boundary
and the relevant point of compliance as approved by the Division. The downgrad
nitering system r st be installed at A review boundary is established around any
disposal system midway between the compliance boundary and the waste boundary -the
r-elevant point of eea-nseso alto ensure detection of •-�-o•�groundwater
contamination in the uppermost aquifer. The relevant point of compliance ffffist shall be
established no more than 250 feet from a waste boundary, or nwst shall be at least 50 feet
within the facility property boundary, whichever point is closer to the waste boundary. In
determining the review boundary and the relevant point of compliance, the Division shall
consider recommendations made by the owner and operator based upon consideration of

C-76
at least the hydrogeologic characteristics of the facility and surrounding land; the quantity,
quality, and direction of flow of the grot groundwater; the proximity and
withdrawal rate of the ground groundwater users; the existing quality of the gratin
water groundwater, including other sources of contamination and their cumulative impacts
on the g .,.,� groundwater, and whether the gret�groundwater is currently
used or expected to be used for drinking water; public health, safety, and
welfare effects; and practicable capability of the owner and operator.
(C) The g ^a water ,v nit p^ A Water Quality Monitoring Plan ffmst shall
include consistent sampling and analysis procedures that are designed to ensure monitoring
results that provide an accurate representation of gratmd groundwater quality at the
background and downgradient wells. The plan must shall include procedures and
techniques for sample collection; sample preservation and shipment; chain -of -custody
control; and quality assurance and quality control.
(D) The detection groundwater monitoring program
The mniteF ag „must shall include sampling and analytical methods
thin are appr-afor ^r^t�groundwater sampling and that accurately measure
target constituents and other monitoring parameters in ^r^t��groundwater samples.
Detection monitoring is Feqiii shall be conducted at C&DLF units at all ground
groundwater monitoring wells that are part of the detection monitoring system as
established in the approved Water Quality Monitoring Plan. tea
fninimum, The -The Detection Groundwater Monitoring program
mist shall include monitoring for the constituents listed in Appendix I of 40 CFR Rar-t-258,
Mer-e,,..,. !'L.1..ride Manganese, Sulfate, 1 mercury, chloride, manganese, sulfate, iron,
specific conductance, pH, temperature, alkalinity, and total dissolved solids. Alkalinity,
and Total Dissolved Solids. The monitoring frequency for all detection monitoring
constituents must shall be ^ono less than annual semiannual during the active life of
the facility, and during the closure and post -closure ep riod.pe-riods. To establish baseline,
no less than four independent samples A minimum of one sample from each well
background and downgradient monitoring well downgradien , n wst shall be collected
within a six-month period and analyzed for the constituents required in this Paragraph, with
no less than one sample collected from each new monitoring well before waste placement
in each new cell or phase. The Water Quality Monitoring Plan shall include a description
of the procedures used to establish baseline at the C&DLF. 44east-eft,—No less than one
sample from each background and downgradient monitoring well well-�^„^a ^^a
downgradient must shall be collected and analyzed during subsequent annual semiannua1
sampling events. C&DLF units shall comply with the groundwater quality standards and
interim maximum allowable concentrations set forth in 15A NCAC 02L and the

C-77
groundwater protection standards established in Rule .0545(c) of this Section. The
Passifieations and Water Quality Standards Applieable to the Groundwater-s of N
afnendments and editions. Copies of this ffia4er-ial may be inspeeted or- obtained a4
(E) The sampling procedures and frequency shall be protective of human health and the
environment.
Q(F) Each time ,.,.^„groundwater is sampled sampled, elevations must shall be measured in each
well in nedi tely prior to purging. ground Groundwater elevations in wells which monitor
the same waste management area must shall be measured within a 24 hour period of time to avoid
temporal variations in ground wa4ergroundwater flow w-hieh that could preclude accurate
determination of gr-etmd groundwater flow rate and direction. In order to aeeufa4ely determine
gr-etmd water -accurate ,groundwater elevations for each monitoring well, the wells shall have
been aeaxr-ately surveyed by a licensed professional land surveyor if required by G.S. 89C. NOA
Carolina Registered Land SuFveyeF. The survey of the wells must shall conform to at least the
following levels of accuracy: horizontal location to the nearest 0.1 foot, vertical control for the
ground surface elevation to the nearest 0.01 foot, and vertical control for the measuring reference
point on the top of the inner well casing to the nearest 0.01 foot. In order to determine the rate of
groundwater flow, the owner or operator WMst shall provide data for hydraulic
conductivity and porosity for the formation materials at each of the well locations.
(3)( The owner or operator wmst shall establish existing conditions of ground groundwater quality
in hydraulically upgradient or background well(s) for each of the monitoring parameters or
constituents required in Part (1)(D) of this Paragraph. the pa-Ai.tilar- ground wa4er- monitor -in
pr-egram thm applies to the r P F ..n Statistical analysis used to establish existing conditions
of groundwater quality shall be in accordance with Subparagraphs (4) and (5) of this Paragraph and
the minimum number of samples required by the statistical method used shall be met.
(4) Should the owner or operator choose to perform statistical analysisgroundwater quality data for
purposes of establishing background concentrations or to determine if there is an exceedance of the
groundwater quality standards and interim maximum allowable concentrations established in 15A
NCAC 02L or the groundwater protection standards established in Rule .0545(c) of this Section, the
owner or operator shall select one of the following statistical methods to be used in evaluating
groundwater monitoring data for each constituent of concern. The statistical test chosen shall be
conducted separately for each constituent of concern in each well.
(A) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures
to identify statistically significant evidence of contamination. The method shall include
estimation and testing of the contrasts between each compliance well's mean and the
background mean levels for each constituent.

C-78
(B) A parametric analysis of variance (ANOVA) based on ranks followed by multiple
comparisons procedures to identify statistically significant evidence of contamination. The
method shall include estimation and testing of the contrasts between each compliance
well's median and the background median levels for each constituent.
(C) A tolerance or prediction interval procedure in which an interval for each constituent is
established from the distribution of the background data, and the level of each constituent
in each compliance well is compared to the upper tolerance or prediction limit.
(D) A control chart approach that gives control limits for each constituent.
(E) Another statistical test method that meets the performance standards of this Rule. The
owner or operator shall submit a iustification for an alternative test method to the Division
for approval. The justification shall demonstrate that the alternative statistical test method
meets the performance standards in Subpara rg aph (5) of this Paragraph. If approved, the
owner or operator shall place a copy of the justification for an alternative test method in
the operating record.
(5) Any statistical method chosen to evaluate groundwater monitoring data shall comply with the
following performance standards:
(A) The statistical method used to evaluate groundwater monitoring data shall be appropriate
for the distribution of chemical Darameters or constituents of concern. If the distribution of
the chemical parameters or constituents of concern is shown by the owner or operator or
the Division to be inappropriate for a normal theory test, then the data shall be transformed
or a distribution -free theory test shall be used. If the distributions for the constituents differ,
more than one statistical method shall be considered.
(B) If an individual well comparison procedure is used to compare an individual compliance
well constituent concentration with background constituent concentrations or a
roundwater Drotection standard. the test shall be done at a TvDe I error level no less than
0.01 for each testing period. If a multiple comparisons procedure is used, the Type I
experiment wise error rate for each testing period shall be no less than 0.05. However, the
Type I error of no less than 0.01 for individual well comparisons shall be maintained. This
performance standard does not apply to tolerance intervals, prediction intervals, or control
charts.
(C) If a control chart approach is used to evaluate groundwater monitoring data, the specific
!Me of control chart and its associated parameter values shall be protective of human health
and the environment. The parameters shall be determined by the analyst after considering
the number of samples in the background data base, the data distribution, and the range of
the concentration values for each constituent of concern.
(D) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring
data, the levels of confidence and, for tolerance intervals, the percentage of the population

C-79
that the interval shall contain, shall be protective of human health and the environment.
These parameters shall be determined by the analyst after considering the number of
samples in the background data base, the data distribution, and the range of the
concentration values for each constituent of concern.
(E) The statistical method shall account for data below the limit of detection with one or more
statistical procedures that are protective of human health and the environment. Any
practical quantitation limit (pql) that is used in the statistical method shall be the lowest
concentration level that can be reliably achieved within specified limits of precision and
accuracy during routine laboratory operating conditions that are available to the facility.
(F) If necessary, the statistical method shall include procedures to control or correct for
seasonal and spatial variability as well as temporal correlation in the data.
(0(14) Within 120 days of completing a groundwater sampling event, the owner or operator
must shall submit to the Division a monitoring report fepeA, with ane eepy n electronic €ems
format that includes information from the sampling : event including field
observations relating to the condition of the monitoring wells; field data; a summary of the
laboratory analytical data report; dam statistical analysis (if utilized), field sampling methods and
quality assurance and quality control data; information on ^r^��� groundwater flow direction;
^,,,,a wale, calculations of groundwater flow gate —rate; and for each well well, any
constituents that exceed ground groundwater standards as defined in Part (1)(D) of this
Para rg anh ;
evert.
(7) If the owner or operator determines that there is an exceedance of the groundwater quality standards
or Interim Maximum Allowable Concentration (IMAC) established in accordance with 15A NCAC
02L .0202, or the groundwater protection standards established in accordance with Rule .0545(c) of
this Section for one or more of the constituents reauired in Part (1)(D) of this ParagraDh at an
monitoring well, the owner or operator:
(A) shall, within 14 days of this finding, report to the Division and place a notice in the
operating record indicating which constituents have exceeded groundwater quality
standards or IMACs established in accordance with 15A NCAC 02L .0202, or the
groundwater protection standards established in accordance with Rule .0545(c) of this
Section;
B) shall establish an assessment monitoring Drouram meeting the reauirements in Rule .0545
of this Section within 90 days except as provided for in Part (C) of this Subparagraph; and
(C) may demonstrate that a source other than a CDLF unit caused the exceedance, or the
exceedance resulted from an error in sampling analysis, statistical evaluation, or natural
variation in groundwater quality. A report documenting this demonstration shall be
submitted to the Division for review. If required by G.S. 89C or G.S. 89E, a licensed

professional engineer or licensed geologist shall prepare these documents. [Note: The
North Carolina Board of Examiners for Engineers and Surveyors and the Board of
Licensing of Geologist has determined, via letters dated July 16, 2010 and November 30,
2010 respectively, that preparation of documents pursuant to this Paragraph constitutes
practicing engineering or geology under G.S. 89C and G.S. 89E.] A copy of this report
shall also be placed in the operating record. If a successful demonstration is made,
documented, and approved by the Division, the owner or operator may continue detection
monitoring. If after 90 days of the initial determination of exceedance, a successful
demonstration is not made, the owner or operator shall initiate an assessment monitoring
program as required by Rule .0545 of this Section.
M(-2) Monitoring wells must shall be designed and constructed in accordance with the applicable North
Carolina Well Construction Standards as codified in 15A NCAC 02C.
(A) Owners and operators must shall obtain approval from the Division for the design,
installation, development, and decommission of any monitoring well or piezometer.
Documentation t st shall be placed in the operating record and provided to the Division.
(B) The monitoring wells and piezometers mmust shall be operated, maintained, and accessible
so that they perform to design specifications throughout the life of the monitoring program.
(D(3,) The number, spacing, and depths of monitoring points shall be determined based upon site -
specific technical information that mmust shall include investigation of:
(A) aquifer thickness, �,,.^�groundwater flow rate, and ground water groundwater
flow direction, including seasonal and temporal fluctuations in ground water groundwater
flow; and
(B) unsaturated and saturated geologic units (including fill materials) overlying and comprising
the uppermost aquifer, including thickness, stratigraphy, lithology, hydraulic
conductivities, porosities porosities, and effective porosities.
10 (4) The Division I . . allow the use of alternative Monitoring systems in addition to ground
water m anit,.ring ,..ells: In addition to groundwater monitoring wells, the use of alternative
monitoring systems may be:
(A) required by the Division at sites where the owner and operator does not control the property
from any landfill unit to the gr^��groundwater discharge feature(s); or

C-81
(B) allowed by the Division at sites with hydrogeologic conditions favorable to detection
monitoring by alternative methods.
11 (5) Owners and operators of C&DLF units must shall comply with the ground groundwater
monitoring, assessmern assessment, and corrective action requirements under Rules .0544 through
.0545 of this Section according to the following schedule:
(A) new C&DLF units must shall be in compliance with the requirements before waste can be
placed in the unit; and
(B) lateral expansions to existing C&DLF units must shall be in compliance with the
requirements before waste can be placed in the expansion area.
(12) Groundwater quality standards and interim maximum allowable concentrations established under
15A NCAC 02L and ,groundwater protection standards established in accordance with Rule .0545(c)
shall not be exceeded.
(c) Surface water monitoring-pharr shall mus be as follows:
(1) The monitoring shall include sample collection from surface water features on or bordering the
facilitv property and include no less than one upstream and one downstream sampling location.
Surface water samples shall be analyzed for constituents that include those listed in Part (b)(1)(D)
of this Rule. The monitoring frequency shall be no less than annual during the active life of the
facility, and no less than annual during the closure and post -closure periods. The Division sarea. in making stieh a detei:fniamien, the Division shall eensider the following '
. . selid waste management f4eility to provide stieh stwfaee water- meniter-ing eapability as
.
(A) the design of the f4eility, the nature of the pr-eeess it will use, a -ad the t"e of waste it wi4
handle;
(B) dlaiZagepatteFs and other- hydrlegieal eenditieas in the area;
(C) , ity of sar-faee water to thefaei-1
(D) uses that are being or may be made of any surface water that may be affected by the facility-,
and-
(E) any other factors that reasonably relate to the potential for surface water effects from th
(2) Responsibility for sample collection and analysis shall must be defined as a part of the monitoring
plan.
(3) Information used for the development of the surface water monitoring system shall include:
(A) drainage patterns and other hydrological conditions in the area;
(B) proximity of surface water to the facility;
(C) uses that are being or may be made of any surface water that may be affected by the facility;
and
(D) any other factors that relate to the potential for surface water impacts from the facility_

C-82
(4) Surface water standards established under 15A NCAC 02B .0200 shall not be exceeded. If an 02B
standard is not established for any detected constituent or parameter, the owner or operator shall
obtain a determination from the Division on establishing a surface water standard using EPA
Nationally Recommended Water Ouality Criteria which can be viewed at
hllps:Hdeq.nc. gov/aboutldivisions/water-resources/planning/classification-standards/surface-
water-standards.
(d) Gas eentre „! The owner or operator of a C&DLF unit shall submit a Landfill Gas Monitoring Plan to the
Division prepared in accordance with this Rule that shall apply to all C&DLF units. Landfill gas monitoring shall be
as follows:
(1) Owners and operators of all C&DLF units Est shall ensure that:
(A) the concentration of explosive gases generated by the facility does
not exceed 25 percent of the lower explosive limit in on -site facility structures (excluding
gas control or recovery system components); and
(B) the concentration of explosive gases does not exceed the lower
explosive limit foF methane eF other- e„lo ve gases at the facility property boundary; and
(2) Owners and operators of all C&DLF units must shall implement a routine metha-ae landfill gas
monitoring program to ensure that the standards of this Paragraph are met.
(A) The type of monitoring must shall be determined based on soil conditions, the
hydrogeologic conditions under and surrounding the facility, hydraulic conditions on and
surrounding the facility, the location of facility structures and property boundaries, and the
location of all off -site structures adjacent to property boundaries.
(B) the concentration of methane in landfill gas shall be monitored at a frequency of no less
than quarterly. Th-e f..equeney of w nitefing shall be , ai4e -b.or- appr-aved by the
(C) The Division may also require quarterly monitoring of landfill gas for other explosive gases
such as hydrogen sulfide if it is necessary to ensure compliance with Subparagraph (1) of
this Paragraph. If the Division requires monitoring of additional explosive gases, the
Division shall provide written notice to the facility of the requirement.
(3) If methane gas levels exceeding the limits specified in Subparagraph W`a�of this
Rule Para rg Mh are detected, the owner and operator n+ust: shall:
(A) inmnediMely upon discove1y of detection, notify the Division and take all steps necessary
to ensure protection of human health health, such as monitoring of offsite structures for
explosive ag ses a ^^*'��
(B) within seven days of detection, place in the operating record the methane gas
levels detected and a description of the steps taken to protect human health; and

C-83
(C) within 60 days of detection, implement a remediation plan for the methane or explosive
gas releases, place a copy of the plan in the operating record, and notify the Division that
the plan has been implemented. The plan must shall describe the nature and extent of the
problem and the proposed remedy.
(4) Based on the need for an extension demonstrated by the operator, the Division may establish
alternative schedules for demonstrating compliance with Parts (3)(B) and (3)(C) of this Paragraph.
(e) A waste acceptability program. Owners and operators of all C&DLF units st shall implement a program at the
facility for detecting and preventing the disposal of industrial, hazardous, liquid, municipal solid waste waste, and
excluded wastes in accordance with the Operating Plan or the effective permit. This program must shall include:
inelude, a4 ,
(1) random inspections of incoming loads or other comparable procedures;
(2) records of any inspections;
(3) training of facility personnel to recognize industrial, hazardous, liquid, municipal and excluded
waste; and
(4) development of a contingency plan to pFoper4y manage any identified industrial hazardous, liquid,
rnunieipal municipal, or excluded waste. The plan must shall address identification, removal, storage
and final disposition of the waste.
(f) The Water Quality Monitoring Plan must shall include any other monitoring plan or program which is necessary
according to the Operating Plan or the effective permit.
(g) Water Quality Monitoring plus Plans and Landfill Gas MonitoringPans shall be prepared under the
responsible charge of and bear the seal of a licensed professional engineer or licensed geologist T ieensed Gee :�.
Pfa f ssio a R p -e if required by ; aeeer-da-nee ,;+, G.S. 89C or 89E, 899 Qor r-espeetively.
(h) Water Quality Monitoring plans Plans and Landfill Gas Monitoring Plans must shall be eeft fioa by a T ieensea
Geologist or Professional Engineer t be effective in providing early detection of any release of hazardous constituents
from any point in a disposal cell or leachate surface impoundment to the uppermost aquifer, air, surface waters, or
proximal area, se as to be protective of public health and the environment.
(i) Water Quality Monitoring plans Plans and Landfill Gas MonitoringPlans must shall be submitted to the Division
for review. The Division shall date and stamp the Water Quality Monitoring Plan and the Landfill Gas Monitoring
Plan monitoring plans "approved" if they meet the eonditions requirements of this Rule. A copy of the approved
monitoring plan mttst shall be placed in the operating record.
0) Once established at a C&DLF facility, all monitoring must shall be conducted throughout the active life and post -
closure care period for all C&DLF units.
History Note: Authority G.S. 130A-294;
Eff January 1, 2 T2007;

C-84
Readopted Ej . July 1, 2020.

C-85
15A NCAC 13B .0545 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0545 ASSESSMENT AND CORRECTIVE ACTION PROGRAM FOR C&DLF
FACILITIES AND UNITS
(a) Assessment Program. Assessment monitoring is shall be required if if, in any sampling event, one or more
constituents eenstituents, as -listed in Paft (b(`(D) e fRule .0544(b)(1)(D) 544 of this Section are detected above
the ^,,,. feat grotmd water- groundwater quality standards or Interim Maximum Allowable Concentrations (IMAC)
established in accordance with 15A NCAC 02L .0202, or the groundwater protection standards established in
accordance with Subparagraph (c) of this Rule. -in any sampling event. The owner and operator must shall also
immediately--.
W(41) Within 30 days of obtaining the results of any sampling event, notify Notify all persons who own
land or reside on land that directly overlies any part of the plume of contamination if contaminants
have migrated off -site or are thought to have migrated off site;
(Q(3) Within 30 days of triggering an assessment monitoring program, program in accordance with this
Paragraph, the owner and operator must shall submit an assessment monitoring work plan for
Division review. The Division shall date and stamp the assessment monitoring pr-ogr-afn plan
"approved" if the eeaditions requirements in Paragraph (b) of this Rule are met. The owner and
operator mist shall place the approved program in the operation record, and notify a4 appropriate
local government e€fieials. officials, including the county manager, city manager, and county health
department.
(b) Assessment Monitoring Work Plan. The assessment monitoring work plan must shall be in accordance with the
following:
(1) Install additional wells, as necessary, to characterize the nature and extent of the release, including
no less than one additional groundwater monitoring well or methane gas monitoring well at the
facility's property boundary or the compliance boundary, as defined in 15A NCAC 02L .0102, in
the direction of contaminant migration most likely to show impact based on the established geology
and hydrogeology. install The additional monitoring wells to shall characterize the nature and extent
of the release by determining the following factors: e
(A) Lithology lithology of the aquifer and unsaturated zone;
(B) Hydr-auliehydraulic conductivity of the aquifer and unsaturated zone;
(C) ground -water groundwater flow rates;
(D) Minimum minimum distance of contaminant travel;

(E) Researee resource value of the aquifer; and
(F) fie, nature, fate, and transport of any detected constituents.
(2) No less than one sample from each monitoring well, including_any well installed in accordance with
Subpara re aph (1) of this Paragraph, shall be collected and analyzed for the constituents listed in 40
CFR 258 Appendix II during the initial sampling event for assessment monitoring. After the initial
sampling event, for any constituent detected in the downgradient wells as the result of the Appendix
II analysis, no less than three additional independent samples from each background and
downgradient monitoring well shall be collected and analyzed to establish a baseline for the new
detected constituents. Once determined, baseline data for the new detected constituents shall be
reported to the Division.
Analyze for additional parameters, w-hieh friny inelude eenstituents oft the Appendix 11 of 40 GFR-
r-esult of analyzing of additional parameters, a rainimum of �aur independent samples ffem e
well (baekground and dav,,%gradient) fnust be eelleeted a -ad analyzed to establish baekgfetmd for -
the n nstit ents
(c) For constituents that do not have a groundwater quality standard or IMAC established in accordance with 15A
NCAC 02L .0202, the Division shall establish a groundwater protection standards as follows:
W(3) if the new eonstituents do not have do not have an established 15A NCAC 02L .0202 g+atmdwater
rnaas�rrs!�: .eea rssx n�!ss'ersrfEe!� r�eer�:rr+zsrs� �:�
groundwater protection standard must shall be the most protective of the following:
(A) F-of for constituents for which a maximum eefftaraination contaminant level (MCL) has
been promulgated under the Section 1412 of the Safe Drinking Water Act codified under
40 CFR Part-141, the MCL for that constituent;
(B) F-ef for constituents for which a up blic water quality standard has been established under
the North Carolina Rules Governing Public Water Supplies, Systems,15A NCAC 18C, the
up blic water quality standard for that constituent;
(C) For for constituents for which no MCLs or public water quality standards have been
promulgated, the background concentration for the constituent established from the
monitoring wells required in accordance with Rule .1�(!) .0544(b)(1)(A), (b)(4), and
(2)(5) of this Section; or
(D) €-ef for constituents for which the background level is higher than the MCL or up blic water
quality standard or'�ea'�health-based levels identified under Subpara rg anh (2) of
this Paragraph, Paragraph (i) of this pule, the background concentration. established in
accordance with Rule .0544(b)(1)(A), (b)(4), and (b)(5) of this Section.
(4)(2) The Division may establish an alternative groundwater ground water protection standard for
constituents for which ^ei�rno MCL or water quality standard has--not--have been established.

C-87
These ground water groundwater protection standards must shall be appropriate health -based health
based levels that satisfy the following criteria:
(A) The level is derived in a manner consistent with E.P.A. guidelines for assessing the health
risks of environmental pollutants;
(B) The level is based on scientifically valid studies conducted in accordance with the Toxic
Substances Control Act Good Laboratory Practice Standards, 40 CFR Part 792,8tandards
(40 CFR Pa-A'7924 or equivalent;
(C) For carcinogens, the level represents a concentration associated with an excess lifetime
cancer risk level due (&e-to continuous lifetime exposure e*pesure) of 1 x 10-6;
(D) For systemic toxicants, the level represents a concentration to which the human population,
including sensitive subgroups, p'_'-Wen- t---- (n�ela se slt' '' -r� „s) could be
exposed on a daily basis that is likely to be without appreciable risk of deleterious effects
during a lifetime. For the purposes of this Rule, systemic toxicants include toxic chemicals
that cause effects other than cancer or mutation.
(3)Qj In establishing gretmd waegroundwater protection standards under this Paragraph Paragraph (b)
^Fthis k-the Division may consider the following:
(A) Maltiple multiple contaminants in the roundwater ;
(B) Expesure exposure threats to sensitive environmental receptors; and
(C) 9theother site -specific exposure or potential exposure to groundwater. glen
(4) The owner or operator may request the Division approve a background level for the unit that is
higher than the standard established in 15A NCAC 02L .0202 or the standard established in
Subpara re oh (1) of this Paragraph or health -based levels identified under Subparagraph (2) of this
Paragraph. The background level shall be established in accordance with Rule .0544(b)(1)(A),
(b)(4), and (b)(5) of this Section. The approved background level shall be the established
groundwater protection standard.
(d) Assessment Monitoring. After obtaining the results from the initial sampling event required in Subpara rg aph
(b)(2) of this Rule, the owner and operator shall perform assessment monitoring in accordance with the following:
W(7) After- ,.btai inn the ro ults a.,,.., the initial and subse, efft sampling events, For each assessment
monitoring event, including the sampling required in Subparagraph (b)(2) of this Rule, the owner
or operator must shall submit an assessment monitoring report to the Division wit -that
complies with Rule .0544(b)(6) of this Section and, if required by G.S. 89E, the report shall be
certified by a licensed geologist. r ;eenwa r l is-t

(2) Within 14 days of receipt of analytical results, the owner or operator shall submit notice to the
Division in writing and place the notice in the operating record identifying the 40 CFR 258
Appendix II constituents that have not previously been detected and reported to the Division.
(3) Within 90 days, and no less than semiannually thereafter until the Division approves a return to
detection monitoring in accordance with Subpara agr phs (6) or (7) of this Paragraph, the owner or
operator shall sample all of the monitoring wells for the unit in the detection monitoring system
established in Rule .0544 of this Section for all constituents listed in 40 CFR 258 Appendix I and
for those constituents in Appendix II not listed in Appendix I that have been detected. Any well
with a reported groundwater standard exceedance shall be sampled for all constituents in 40 CFR
258 Appendix II at least annually unless otherwise approved in accordance with Subparagraphs (4)
or (5) of this Paragraph. A report from each sampling event shall be submitted to the Division as
specified in Subpara rg aph (1) of this Para,grgph and placed in the facilitoperating record.
(4) The Division mU specify an appropriate subset of wells to be sampled and analyzed during
assessment monitoring. The Division may delete any of the additional monitoring parameters not
listed in Rule .0544(b)(1)(DD) of this Section if it can be shown that the constituents proposed for
deletion are not expected to be in or derived from the waste contained in the unit.
(5) The Division may Mprove an appropriate alternate frequency or subset of wells for repeated
sampling and analysis for 40 CFR 258 Appendix II constituents, not listed in Appendix I, required
during the active life and post -closure care of the unit considering all of the following factors:
(A) lithology of the aquifer and unsaturated zone;
(B) hydraulic conductivity of the aquifer and unsaturated zone;
(C) groundwater flow rates;
(D) minimum distance of travel;
(E) resource value of the aquifer; and
(F) nature, fate, and transport of any detected constituents.
(0(9) The owner or operator may demonstFate demonstrate, in accordance with Rule .0544(b)(7) of this
Section, that a source other than a C&DLF caused the exceedance of the groundwater quality
standards established in accordance with 15A NCAC 02L .0202 or groundwater protection
standards established in accordance with Paragraph (c) of this Rule, or the exceedance resulted from
error in sampling, analysis, or natural variation in groundwater quality.-e-a,,,:r.,.ion. An alternate
If a successful demonstration is made for each exceedance, the owner or operator may
discontinue assessment monitoring, and may return to detection monitoring in accordance with Rule
.0544(b)(1)(D) of this Section when approval is given by the Division in writing. if the constituents
are at or below background values and groundwater quality standards established in accordance with
15A NCAC 02L .0202 or groundwater protection standards established in accordance with

Paragraph (c) of this Rule, or approval is given by the Division according to Subparagraph (9)(D of
this Paragraph. Until a successful demonstration is made, the owner or operator ffmst shall comply
with Paragraph (b) of this Rule.
Q(9) The Division may shall give approval to the owner or operator to return to detection monitoring in
accordance with Rule .0544(b)(1)(D) of this Section4fi if all of the following are met:
(A) the The concentrations of the constituents are shown to be at or below background values
and groundwater quality standards established in accordance with 15A NCAC 02L .0202
.0202, or the groundwater protection standard established in accordance with Paragraph (c)
of this Rule, for two consecutive sampling events;
(B) the The plume is not migrating horizontally or vertically; and
(C) the The plume has not exceeded the compliance boundary.
(�JOO) After completion of Paragraphs (a) and (b) of this Rule and if If one or more constituents are
detected for two consecutive semiannual sampling events above background, the
groundwater quality standards established in 15A NCAC 02L .0202, or ai-A the appr-ayed
groundwater protection st standards established in accordance with Paragraph (c) of this
Rule, the owner or operator must shall initiate within 90 days an Assessment of Corrective
Measures in accordance with Para rg Nh (e) of this Rule and shall continue to monitor in
accordance with the approved assessment monitoring pro rg am.
Ce)(0 Assessment of Corrective Measures. Asscssmeixi If the assessment of corrective measures is required upon
eamplefien of Par-agmphs (a) and (b) of this Rule in accordance with Subpara rg anh (d)(8) of this Rule, the as
detei:faiaed by the Division. The assessment of corrective measures must shall include an analysis of the effectiveness
of potential corrective aetiens measures in meeting all of the requirements and objectives of the remedy as described
under this Rule. The An assessment of corrective measures document shall be completed within 120 days, or as
approved by the Division, and mast shall address the following:falle ing at a i i
(1) the performance, reliability, ease of implementation, and potential impacts of awe potential
remedies, including safety impacts, cross -media impacts, and control of exposure to any residual
contamination;
(2) the time required to begin and to complete the remedy;
(3) the costs of remedy implementation; and
(4) the institutional requirements such as State and Leea-1 local permit requirements or other
environmental or public health requirements that may substantially affect implementation of the
remedy(s).
ff `ate Within 120 days of completion of the assessment of corrective measures in accordance with Paragraph (e)
of this Rule, the owner and operator must shall discuss the results of the assessment of corrective measures, prior to
the selection of the remedy, in a public meeting with interested and affected parties. The owner and operator must
shall provide a public notice of the meeting at least 30 days prior to the meeting. The notice must shall include the
time, place, date, and purpose of the public meeting_ meeting required by this Paragraph of this Rule A copy of the

C-90
public notice must shall be forwarded to the Division at least five days prior to publication. The owner and operator
must shall mail a copy of the public notice to those persons requesting notification. Public notice must shall be in
accordance with Rule .0533(c)(4) of this Section.
(OW Selection of Remedy. Based on the results of the Assessment of Corrective Actions, the owner and operator
most shall select a remedy as
follows:
(1) Within 30 days of selecting a remedy, the permittee must shall submit an application to modify the
permit describing the selected remedy to the Division for evaluation and approval. The application
miist shall be subject to the processing requirements set forth in Rule .0533(c) of this Seetieff.
Section. The application must shall include the demonstrations necessary to comply with the
financial assurance requirements in accordance with Rule .0546 of this Section.. Section and Section
.1800 of this Subchapter.
(2) Remedies meetshall:
(A) be protective of human health and the environment;
(B) attain the approved g ^��groundwater protection standards; standards in
accordance with Rule .0544(b)(12),
(C) control the source(s) of releases se--as-to reduce or eliminate, to the maximum extent
practicable, further releases of 40 CFR 258 Appendix II constituents into the efivireame
environment; and
(D) comply with standards for management of wastes as specified in Paragraph (k)( of this
Rule.
(3) In selecting a remedy that meets the standards of Subparagraph (2) of this Para rg anh, (e)(2) of
R*1e-, the owner and operator mst shall consider the following ev factors:
(A) The long-term and short-term effectiveness and protectiveness of the potential remedy(s),
along with the degree of certainty that the remedy will prove successful based on
consideration of the magnitude of reduction of existing risks; magnitude of residual risks
in terms of likelihood of further releases due to wastes remaining following implementation
of a remedy; the type and degree of long-term management required, including monitoring,
operation, and maintenance; short-term risks that might be posed to the community, to
workers, or to the environment during implementation of such a remedy, including
potential threats to human health and the environment associated with excavation,
transportation, and redisposal or containment; time until full protection is achieved;
potential for exposure of humans and environmental receptors to remaining wastes,
considering the potential threat to human health and the environment associated with
excavation, transportation, redisposal, or containment; long-term reliability of the
engineering and institutional controls; and potential need for replacement of the remedy.

C-91
(B) The effectiveness of the remedy in controlling the source to reduce further releases, based
on consideration of the extent to which containment practices will reduce further releases,
and the extent to which treatment technologies may be used.
(C) The ease or difficulty of implementing a potential remedy, based on consideration of the
degree of difficulty associated with constructing the technology; the expected operational
reliability of the technologies; the need to coordinate with and obtain necessary approvals
and permits from other agencies; the availability of necessary equipment and specialists;
and available capacity and location of needed treatment, storage, and disposal services.
(D) The practicable capability of the owner and operator, including a consideration of the
technical and economic capability.
(4) The owner and operator =st shall specify as part of the selected remedy a schedule for initiating
and completing remedial activities included in a corrective action plan. This schedule =st shall be
submitted to the Division for review and approval.
r-emedial aetivities within a reasonable period of fifne, taking inte eeasider-a4ian the faeters set fei4h
in this Rule. owner and operator =st shall consider the following factors in determining the
schedule of remedial activities:
(A) nature and extent of contamination;
(B) practical capabilities of remedial technologies in achieving compliance with the approved
groundwater protection standards and other objectives of the remedy;
(C) availability of treatment or disposal capacity for wastes managed during implementation
of the remedy;
(D) desirability of utilizing technologies that are not currently available, but which may offer
advantages over already available technologies in terms of effectiveness, reliability, safety,
or ability to achieve remedial objectives;
(E) potential risks to human health and the environment from exposure to contamination prior
to completion of the remedy;
(F) resource value of the aquifer, including current and future uses; proximity and withdrawal
rate of users; ground water groundwater quantity and quality; the potential damage to
wildlife, crops, vegetation, and physical structures caused by exposure to contaminants;
the hydrogeologic characteristics of the facility and surrounding land; ground
groundwater removal and treatment costs; the costs and availability of alternative water
supplies; and
(G) practical capability of the owner and operator. epeoP,-*PA-
(14) other relevant factors.
(€)(IIE The Division may determine that active remediation of a release of any detected constituent from a C&DLF
unit is not necessary if the owner or operator demonstrates to the satisfaction -Of the Division that:

C-92
(1) The ground « "r the groundwater is additionally contaminated by substances that have originated
from a source other than a C&DLF unit and those substances are present in concentrations such that
active cleanup of the release from the C&DLF unit would provide no signifieant reduction in risk
to actual or potential r-eeepter—,- tors; or
(2) The the constituent or constituents are present in ^rotegroundwater that is not currently or
reasonably expected to be a source of drinking water and is not hydraulically connected with water
to which the constituents of concern are migrating or are likely to migrate in concentrations that
would exceed the approved greand roundwater protection standards;
(3) Remediat remediation of the release is technically impracticable; or
(4) Remediatien remediation results in unacceptable cross -media impacts.
WOW A determination by the Division pursuant to this Paragraph m+tst shall not affect the authority of the State to
require the owner and operator to undertake source control measures or other measures that may be necessary to
eliminate or minimize further releases to the groundwater, to prevent exposure to the gretmd water-,
groundwater, or to remediate ground wateff groundwater to concentrations that are technically practicable and reduce
threats to human health or the environment.
(-h)W Implementation of the Corrective Action Program. Based on the approved schedule for initiation and
completion of remedial activities, the owner and operator must shall:
(1) within 120 days after the approval of the selected remedy or as approved by the Division, submit a
Corrective Action Plan that Establish and impleme establishes and implements a corrective action
groundwater monitoring program that:
(A) a4 a fniaiffiumT meets the requirements of an assessment monitoring program under
Paragraphs (a), (b , and (d)(a)-� of this Rule;
(B) indicates the effectiveness of the corrective action remedy; and
(C) demonstrates compliance with ^r-aundwater-groundwater quality standards or IMACS
established in accordance with 15A NCAC 02L .0202 and groundwater protection
standards established in accordance with Paragraph (c) of this Rule pursuant to Paragraph
(i)U of this Rule.
(2) impleme implement the approved corrective action remedy; and
(3) Take take any interim measures necessary to ensure the protection of human health and the
environment. Interim measures ffmst be consistent with the objectives of and contribute to the
performance of any remedy that may be required. The following factors nshall be considered
by an owner and operator in determining whether interim measures are necessary:
(A) time required to develop and implement a final remedy;
(B) actual or potential exposure of nearby populations or environmental receptors to hazardous
constituents;
(C) actual or potential contamination of drinking water supplies or sensitive ecosystems;

C-93
(D) further degradation of the ground water- groundwater that may occur if remedial action is
not initiated;
(E) weather conditions that may cause constituents of concern to migrate or be
released;
(F) risks of fire or explosion, or potential for exposure to constituents of concern
resulting from as man accident or failure of a container or handling system; and
(G) other situations that may pose threats to human health or the environment.
(k) The owner or operator shall submit a Corrective Action Evaluation Report to the Division in electronic portable
document format no less than once every five calendar years until the owner and operator are released from the
corrective action program in accordance with Paragraph (q) of this Rule. The report shall contain:
(1) a description of the corrective measure remedies that have been implemented or completed since
the initiation of the corrective action program;
(2) an evaluation of the effectiveness of the corrective action program;
(3) the information required in Rule .1804(a)(1) of this Subchapter.
fll)O The owner or operator or the Division may determine, based on information developed after implementation of
the remedy has begun or other information, that compliance with requirements of Subparagraph (e)(24 (f)(2)of this
Rule are not being achieved through the remedy selected. In such cases, the owner and operator must shall implement
other methods or
r-equir-ements-,—techniques to comply with Paragraph (M of this Rule unless the Division determines that active
remediation is not necessary in accordance with the owner- o-• opefmof makes the detefm na4ioa tmder-Paragraph (0
(h)of this Rule.
Lm)(j) If the owner or operator determines that compliance with requirements of Subparagraph (e)f2) (g)(2) of this
Rule cannot be practically achieved with any currently available methods, the owner and operator must� shall:
(1) obtain certification of a T ieensed Geologist or Professional Engineer- licensed professional engineer
or licensed geologist, if required by G.S. 89C or 89E, and approval from the Division that
compliance with the requirements under Subparagraph (e)(2) (g)(2) of this Rule cannot be
practically achieved with any currently available methods;
(2) implement alternate measures to control exposure of humans or the environment to residual
contamination, as necessary to protect human health and the environment;
(3) implement alternate measures for control of the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures that are:
(A) technically practicable and
(B) consistent with the overall objective of the remedy; and
(4) submit a report justifying the alternative measures to the Division for review. The Division shall
date and stamp the report "approved" if the conditions of this Paragraph are satisfied. The
approved report must shall be placed in the operating record prior to implementing the alternative
measures.

C-94
Ln)(k) All solid wastes that are managed pursuant to a remedy required under Paragraph (e)W of this Rule, or an
interim measure required under Paragraph (e)(g)_of this Rule, ffmst shall be managed in a manner:
(1) that is protective of human health and the environment, and
(2) that complies with applicable state State and federal requirements.
Co,)(4) Remedies selected pursuant to Paragraph (e)jLof this Rule shall be considered complete when:
(1) the owner and operator complies with the groundwater quality and gr-ound
protection standards at all points within the plume of contamination that lie beyond the relevant
point of compliance;
(2) compliance with the gr-eii atergroundwater quality and groundwater protection standards has
been achieved by demonstrating that concentrations of constituents have not exceeded these
standards for a period of three consecutive years, consistent with performance standards in
Subparagraph (e)(2)(g)(21 of this Rule; and
(3) all actions required to complete the remedy have been satisfied.
(p)(fr) Upon completion of the remedy, the owner and operator must submit a report to the Division documenting
that the remedy has been completed in compliance with Paragraph Lo)(1) of this Rule. If required by G.S. 89C or 89E,
a licensed professional engineer or licensed geologist shall prepare and sign these documents. This resort shall also
Abe signed by the owner or operator. ^ ^and by a Lieensed Geologist or- Professional Engineer-. Upon approval
by the Division, this report must shall be placed in the operating record.
W(-r) When, upon completion of the certification, the Division determines that the corrective action remedy has been
completed in accordance with Paragraph Lo)(1) of this Rule, the owner and operator shall be released from the
requirements for financial assurance for the corrective action pro rgram under Rule .0546 of this Seetieft. Section and
Section .1800 of this Subchapter. Nothing in this Paragraph shall release the owner or operator from the requirements
for financial assurance for closure, post -closure care, or potential assessment and corrective action in accordance with
Rule .0546 of this Section and Section .1800 of this Subchapter.
History Note: Authority G.S. 130A-294,
Eff January 1, 200-7-.2007;
Readopted Elf. July 1, 2020.

C-95
15A NCAC 13B .0547 is proposed for readoption as a repeal as follows:
15A NCAC 13B .0547 EXISTING C&DLF UNITS AS OF JANUARY 1, 2007
0) Qowr-e of existing G&PLF unit(s). G&DLF unit(s), w-hieh did not and will not r-eeeive solid waste
after- hme 3 0, 2009, must eemply with the Solid Waste Permit, the Conditions of Pefmit, and Rale
P) Finaneial Assufame for- existing C&DLF f4eilities and units. Owners and operators of existing
(a) a elesufe and post elesufe plan prepared in aeear-danee with R-ule.0543 of this An owner- and oper-mer- of an existing C&DLF tmit(s), these r-eeeiving waste pr-ief to januar-y 1, 2007, ffmst elese or-
(3) Appheation for- a Pefmit to Genstfuet a new phase of a -a existing C&DLF f4eility or- unit R+ust be
.rs!s:rsr_�:ee!:s!rs!�es!ze!fe!!�rsr!rr_sss. _
_ . �!tr.�:ee�!*s!zsesr_esr!r_s�rrns!s
■

C-96
History Note: Authority G.S. 130A-294;
Eff. January 1, 280-7-.2007;
Repealed E f. July 1, 2020.

C-97
15A NCAC 13B .1601 is proposed for readoption with substantive changes as follows:
SECTION .1600 - REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES
(MSWLFS)
15A NCAC 13B .1601 PURPOSE, SCOPE, -PURPOSE AND APPLICABILITY
(a) Wiese. The puTese rules of this Section shall og vern the permitting procedures, siting, design,
construction, performance standards, operation, elesufe closure, and post -closure of all municipal solid waste landfill
(MSWLFS) facilities and units.
for- all munieipal solid waste landfill f4eilities. The requirements of this Seetien are intended to i
(0(12) Applieability. Owners and operators of new and existing -landfill facilities that include ineltiding a MSWLF
unit(s) shall conform to the requirements of this Section as follows:
(1) Manieipal solid waste 1an4 A MSWLF units ..that did not receive solid waste after October 9,
1991 are exempt from the rules of this Section and shall comply with the Conditions of the Solid
Waste Permit, the Conditions of Permit, and Rule .0510 of this Subchapter. •0
(2) MSWLF units that received solid waste after October 9, 1991 but stopped receiving waste before
October 9, 1993 are exempt from the rules of this Section with the exception of Rule .1627(c)(1) of
this Section, and shall comply with the Solid Waste Permit, the Conditions of Permit, and Rule
.0510 of this Subchapter. . The eap systefa shall be insta4led by Oetabe - o 1994 and swan
of N4SWLIP units tha4 fail to eemplete eever- installation by this date will be siAlieet to all of th
(D(* 1 MSWLF units that receive waste on or after October 9, 1993, except those units that qual&f-for
an exemption as specified in Part i^vzvu) of this Rule shall comply with the requirements of this
Section. MSWLF units that received waste on or after October 9, 1993, and are permitted by the
Division after August 1, 2007 are subject to the requirements of this Section and the requirements
pursuant to G.S. 130A-295.6 and S.L. 2007-550.

Cc�—(a` Th ew e, o�*^N Owners or operators of a MSWLF facility shall comply with any other applicable
Federaland State federal, State, and local laws, rules, regulations, or other requirements.
(d) Incorporation by Reference. References to Title 40 of the U.S. Code of Federal Regulations (CFR) in this Section
are incorporated by reference including subseauent amendments or editions and can be obtained free of charge at
www.ecfr.gov
History Note: Filed as a Temporary Amendment Eff. October 9, 1993, for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 130A-294;
Eff October 9, 1993;
Amended Eff. April 1, 4994.1 994;
Readopted Eff. July 1, 2020.

C-99
15A NCAC 13B .1602 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1602 DEFINITIONS
This Rule eefitaifis definitions for- tefins d1a4 appeaf thr-oughout this Seetion; additional definitions appear- in the
eeifie Rules to whieh they apply. -The definitions in Article 9 of Chapter 130A of the General Statutes, the definitions
in Rule .0101 of this Subchapter, and the following definitions shall apply to the rules of this Section.
(1) "Active life" means the period of operation beginning with the initial receipt of solid waste and
ending at completion of closure activities in accordance with Rule .1627 of this Section.
(2) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that
has not been closed in accordance with Rule .1627 of this Section.
(3) "Aquifer" means a geological formation, group of formations, or portion of a formation capable of
yielding groundwater.
(4) "Areas susceptible to mass movement" means those areas characterized as having an active or
substantial possibility of mass movement where the movement of earth material at, beneath, or
adjacent to the MSWLF unit(s), because of natural or man -induced events, results in the downslope
transport of soil and rock material by means of gravitational influence. Areas of mass movement
may include landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock
fall.
JD(4) "Base liner system" means the liner system installed on the MSWLF unit's foundation to control the
flow of leachate.
(0(-5) "Cap system" means a liner system installed over the MSWLF unit to minimize infiltration of
precipitation and contain the wastes.
(7) "Gas condensate" means the liquid generated as a result of gas recovery processes at a MSWLF
unit.
(6) "Commereial solid waste" means all t"es of solid waste generated by stores, offiees, restaurants-,
(7) "Existing MSWLF unit" means any numicipal solid waste landfill unit that is receiving solid waste
as of October 9, 1993 and is not a new N4SWLF unit. Waste placement in existing units must
consistent with past operating practices or modified practices to ensure good management.
(8) •""Groundwater" means water below the land surface in a zone of saturation.
(9) "Hazar-dous Waste" means a solid waste as defined in G.S. 130A 290 (a)(8). 214a�-afdeus W
iiF§IWWM---Ip
IN
M.
10
IN.�

C-100
(DOD) "Household waste" means any solid waste derived from households including single and multiple
residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day -use recreation areas.
(11) "Indus4fial solid waste" fneans solid waste genefa4ed by fnafFafaeVaFiag of indumfial pr-eeesses thm
- . hefnieals; plastics and Fesins mafwfaeturing; pulp and paper- industry; mbber- and
4fanspeAatioa e"ipment; and wa4er- 4featment. This tefm does not inelude mining waste of oil and
gas waste,
(10) "Karst terranes" means areas where karst topo�raphy, with its characteristic surface and
subterranean features, is developed as the result of dissolution of limestone, dolomite, or other
soluble rock. Characteristic phvsiographic features present in karst terranes may include sinkholes,
sinking streams, caves, large springs, and blind valleys.
11 (} "Landfill facility" means all contiguous land and structures, waste management unit(s), other
appurtenances, and improvements on the land within the legal description of the site included in or
proposed for the permit issued in accordance with this Section. Solid Waste Peffflit. Existing
f4eilities are these f4eilities whieh were pefmWed by the Division prior- to Oeteber- 9, •
•
12 " "Landfill unit" means a discrete area of land or an excavation that receives a particular type of waste
such as construction and demolition, industrial, or municipal solid waste, and is not a land
application unit, surface impoundment, injection well, or waste pile, as defined under 40 CFR Part
25-,-.257.2. Such a landfill may be publicly or privately eyed. owned, and may be located at a
construction and demolition solid waste landfill facility, a MSWLF, an industrial landfill facili • , or
other waste management facility.
"Later -a! expansion" means a horizontal expansion of the waste boundaries of an existing N4SAVLF
un47
suspended,
13 (4-6) "Liner system" means an engineered environmental control system which can incorporate filters,
drainage layers, compacted soil liners, geomembrane liners, piping systems, and connected
structures.
(14) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by
EPA SW-846 Test Method 9095B (Paint Filter Liquids Test), which is incorporated by reference

C-101
includingsubsequent ubsequent amendments or editions, and can be obtained free of charge at the US EPA
website at www.epa.gov/hw-sw846/sw-846-test-method-9095b-paint-filter-liquids-test.
15 474 "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives
household waste, and is not a land application unit, surface impoundment, injection well, or waste
pile, as defined under 40 CFR Part 257.2.E Such a landfill may be publicly or privately owned.
A MSWLF unit may also be permitted to receive other types of non -hazardous solid waste. A
(16) "Poor foundation conditions" means those areas where features exist that indicate that a natural or
man -induced event may result in a loss or reduction of foundation support for the structural
components of a MSWLF unit(s).
17 (2-0) "Project engineer" means the ffie a ro 0 0ntative e f the po..mittee who is l;eense to pr-aetiee
a licensed professional engineer that represents the
permittee and is responsible for observing, documenting, and certifying that activities related to the
quality assurance of the construction of the solid waste management facility conforms to tie
Division approved plan, the permit to construct and associated plans and the R. les speei Pied in rules
of this Section. All certifications mmus shall bear the seal and signature of the a licensed professional
engineer and the date of certification.
" means an) r-ai;+water- that drains ever land ffem any paft of a faeil
(22) "Run on" means any rainwater- that .trains over land onto a part of ., facility.
(18) "Seasonal High Water Table" or "SHWT" means the highest level of the uppermost aquifer during
a year with normal rainfall. SHWT may be determined in the field through identification of
redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of
predicted groundwater elevations.
(19) "Structural components" means liners, leachate collection systems, final covers, systems that
manage rainwater that drains over land from or onto any part of the facility or unit, and any other
component used in the construction and operation of the MSWLF facility.
"Unstable area" means a location that is suscentible to natural or human -induced events or forces
capable of impairing the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas may include poor foundation conditions, areas
susceptible to mass movements, and Karst terranes.

C-102
LLI)(2-3-) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an
aquifer as well alas lower aquifers that are hydraulically interconnected with this aquifer
within the facility's property boundary.
History Note: Authority G.S. 130A-294;
Eff. October 9, 19-9-3 1993;
Readopted Eff. July 1, 2020.

C-103
15A NCAC 13B .1603 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1603 GENERAL APPLICATION REQUIREMENTS AND PROCESSING
(a) Apphe-abi1ty. An owner and operator of a MSWLF facility shall submit an application
document as detailed in Rule .1617 of this Section aeeor- ifig to in accordance with the following criteria and
scheduling requirements: ro ei4s sot f Ah in this Paragraph.
(1) New permit. -fa An applicant for a new permit ^ and operator proposing to establish
", SAL F f edit. ,,,.,.erdi shall submit
a Site 9 +d-y- to study and subsequently an application for a permit to construct as set
forth in Rule .1617(a) of this Section. Paragr-aph(a) of Rule The Division shall review all
permit applications in accordance with Rule .0203 of this Subchapter. An application for a new
permit is subject to the application fees set forth in G.S. 130A-295.8(d2).
(A) The owner- and eper-a4er- proposes to establish a new faeilit-y not pr-evieusly pefmitted by
(2) Amendment to the permit. pefmit. The owner or operator shall submit an application to amend the
permit to construct in accordance with Rule .1617(c) of this Section for the following circumstances:
(A) A subsequent stage of landfill development. A permit to construct issued in accordance
with Paragraph (c) of this Rule approves the life -of -site development of the MSWLF unit
indicated in the facility_plan plus a set of plans, defined in Rule .1604(b)(1) of this Section
as the Division Approved Plans, submitted by the applicant for either the entire MSWLF
unit or a portion of the MSWLF unit. a facility plan for the life of the MS3A'r F facility an
set of ..laps for the initial phase of i, ndflil development. For any subsequent stage of
landfill development that the applicant has not included in the plans required by Rule
.1604(b)(1) of this Section for any prior stage of landfill development, the TUe owner a*d
or operator shall ^ o an applieation to amend the peFmit to eenstFuet fer- any s4sequent
phase of'a-adfill developmentinw: agr-aph ("` ofn„'e 1617 a -a submit
the amended permit application no less than 180 days prior to the date scheduled for
commencing construction. applieatior
(B) A change in ownership or corporate structure of a permitted MSWLF facility. The owner
or operator shall notify the Division in writing within 30 days of a change in ownership or
corporate structure in accordance with G.S. 130A-295.2(g).

C-104
(AA) At least 180 days prior to the date seheduledfor eannneneing constructio
amendment,(B) Five yeafs fT-Enn the issuance date of the initial peFmit to eenstnaet E)r the most Feeen
(3) Modifications to the permit. An owner or operator proposing changes to the plans approved in the
permit shall request prior approval from the Division in accordance with Rule .1617(d) of this
Section. .
(4) Permit for Closure and Post -Closure Care. The owner or operator shall submit an application for a
closure and post -closure care permit to the Division when the facility reaches its final permitted
elevations and prior to initiating closure activities for the final permitted MSWLF unit at the facility
in accordance with Rule .1617(e) of this Section. Owners or operators that closed all MSWLF units
at the facility prior to the readopted effective date of this Rule shall not be required to submit a
permit application for closure and post -closure. The Division shall issue a permit for closure and
post -closure for these facilities based on the most recent permit application submittal, if a closure
and post -closure permit has not already been issued.
(;�=ransitien for- existingfaeilities.
(A) Existing MSIAILF units. The E),A%eF a -ad aper-ater- ef an existing NISWLF unit shall submit
be prepared in aeeer-danee with Paragraph (d) ef Rule .1617 and shall be submitted on -of
before April 9, 1994. The operation plan r-eEfaifed in the transition appliea4ian shall be
prepared and subaiit4ed aeeer-diag to Rule .1625 of this Seetion.
in Pa ft (1)(C) of this Paragraph plie.abk
(5) Pefmit r-enewal. The av�%er- and oper-ater- shall pr-epafe and submit an application for permit r-ene
in accordance with Paragraph (e of Rule and the following:
(A) The following or;tor;., ; established for the scheduling permit renewal:
(i) Location do of the TiTSW F unit conforms to the requirements sot forth i items (I)

C-105
(b) Application format requirements. guidelines. All applications and plans required by this Section shall be prepared
in accordance with the following: f flaw ng , ,,idoli
(1) The initial application shall:
(A) Contain a cover sheet, stating the project title and location, the applicant's name,
and the engineer's name, address, signature, date of signature- signature, and seal; and
(B) Eentain contain a statement defining the purpose of the submittal signed and dated by the
applicant; applieftat-,
LC)(-B) Contain contain a table of contents or index outlining the body of the application and the
appendices;
(M(G) Be -be paginated consecutively; and
(Q(D) identi identify any -revised text by noting the date of revision on the page.
(Q(3) Drawings. The engineering drawings for all landfill facilities shall be submitted using the following
format:
(A)(134 the cover sheet shall include the project title, applicant's name, sheet index, legend of
symbols, and the engineer's name, address, signature, date of signature, and sea seal; and
a(0) When-^ thereqoir-efaeffts do not ^ plieit y s eeify ^ ^ �^ maps and drawings
shall be prepared at a scale that ,.,high ^a^"4 illustrates the subject requirements, and
that is legible if printed at a scale of 22 inches by 34 inches. ,.equi .o,, ent(s)
(D(4) Number of copies. An applicant shall submit done electronic copy of the application
to the Division in portable document format (pi fl.five copies of each original application a cume,«
and any s to the Division. The Division may request additional ^ that the
gpplicant submit no more than three paper copies of the application in three-ring binders.
(c) Permitting and public information procedures.
(1) PuFpese,Seepe-Purpose and Applicability.
(A) Purpose. T4--During the permitting pr-eeess-process, the Division shall provide for public
review of and input to permit documents containing the applicable design and operating
conditions. conditions and -The Division shall provide for consideration of comments
received and notification to the public of the final -permit design.

C-106
tW� Applicability. Applications for a new permit ne..mit to Cons.,uet a new f eAit., as defined
in G.S. 130A-294(a3)(1)o—"fi* r ^ls for- an existing f ^;rk, or for a modification
to the permit involving corrective remedy selection required by Rule .163 6 of this Section
shall be subject to the requirements of this Paragraph. Applications submitted in
accordance with Subparagraphs (a)(2), (a)(3), and (a)(4)(a)(4*A) of this Rule are not
subject to the requirements of this Paragraph.
(2) Draft Permits.
(A) The Division shall review all permit applications for compliance with the rules of this
Section and Rule .0203 of this Subchapter. Once an application is complete, the Division
shall either issue a notice of intent to deny the permit to the applicant or prepare a draft
permit tentatively ,lees e A 4he - the pe, mit she„l.l he ; e.lor- denied.
(B) If the Division ,lees es the permit should be denied, issues a notice of intent to deny the
permit h ll Ito the applicant. pea ens applicant, the notice shall include the reasons
for permit denial skein accordance with Rule .0203(e) of this Subchapter
and G.S. 130A-294(a)(4)c.
)" If the Division prepares a draft permit, the A -draft permit shall contain (eithe - essl., or
-
by y�y e) all applicable terms and conditions for the permit.
LQJ(E} All draft permits shall be subject to the procedures of Subparagraphs (3) through (9)
(n«(5) (6)(7) an (8) of this Paragraph, unless otherwise specified in those
Subparagraphs.
(3) Fact Sheets. The Division shall prepare a fact sheet for every draft permit, and shall send this fact
sheet to the applicant and post the fact sheet on the Division website. The fact sheet shall include.
(A) a brief description of the type of facility or activity that is the subject of the draft permit;
(B) a description of the area to be served, the volume and characteristics of the waste stream,
and a projection of the useful life of the landfill;
(C) a brief summary of the basis for the draft permit conditions, including references to
statutory or regulatory provisions and supporting references to the permit application;
(D) the beginning and ending dates of the comment period under Subparagraph (4) of this
Paragraph;
(E) the address where comments will be received;

C-107
(F) the name, phone number, and e-mail address of a person to contact for additional
information;
(G) the procedures for requesting a public hearin&; and
(H) other procedures by which the public may participate in the decision, such as social media
or a web -based meeting, if the Division or the applicant elects to use such procedures.
(A) A faet sheet shall be -prepared for- ever-y dr-aft pefmit er- netiee to deny the pemit.
RIMMMI am" Ts
MM. ,wr -
e€
(iii) A brief summaFy of the basis for- the draft pefmit eanditions ineluding r-efer-enees
(4) Public Notice of Permit Actions and Public Hearings. r,,� �
(A) The Division shall eive nublic notice of each of the following: a draft hermit has been
prepared; a public hearing has been scheduled under Subpara rg ayh (6) of this Paragraph;
or a notice of intent to deny a permit has been prepared under Part (2)(B) of this Paragraph.
(B) No public notice is required when a request for a permit modification is denied.
(C) The Division shall give written notice of denial to the applicant.
(D) Public notices may describe more than one permit or permit action.
(E) Public notice of the preparation of a draft permit or a notice of intent to deny a permit shall
allow at least 45 days for public comment.

(F) The Division shall ,give public notice of a public hearing at least 15 days before the hearings
and the notice shall contain the date, time, and place of the public hearing; a brief
description of the nature and purpose of the public hearing, includingthe he applicable rules
and procedures; and a concise statement of the issues raised by the persons requesting the
hearing. Public notice of the hearing may be ,given at the same time as public notice of the
draft permit and the two notices may be combined.
(G) Public notice of activities described in Part (A) of this Subparagraph shall be given by
publication on the Division website; by posting in the post office and public places of the
municipalities nearest the site under consideration; or publication by a local news
organization, and by any other method deemed necessary or appropriate by the Division,
such as posting by the Division on other State or local government websites or social media,
to give actual notice of the activities to persons potentially affected.
circulation; n

C-109
(W(O General Publ e Notices All public notices issued under this Part shall contain the f 'fig
Name -,name, address and phone number of the office processing the
permit action for which notice is being given;
Name -name and address of the owner and the operator applying for the
(H4 A a brief description of the business conducted at the facility or activity
described in the permit application including the size and location of the
facility and type of waste accepted;
(W) —A—a brief description of the comment procedures required by
Subparagraphs (5) and (6) of this Paragraph, including a statement of
procedures to request a public hearing `"unless a hearing has
already been scheduled,sehed*L-4), and other procedures by which the
public may participate in the €xa47permit decision;
("�)Tsthe name, address, and telephone number of a Division contact
per -soft from whom interested persons may obtain further information;
and inf .....,atie. ineluding eapies Fdra f4 pe..mits andf et sheet
(V4*---A-a description of the time frame and procedure for making an approval
or disapproval decision of the application. a final dete fmi tief on this
Wig.
(5) Public Comments and Requests for Public Hearings. During the public comment period provided,
any interested person may submit written comments on the draft permit and may request a public
hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing
and shall state the nature of the issues proposed to be raised in the hearing. The Division shall

C-110
consider all comments in makingafinal permit decision. The Division shall respond to all comments
as provided in Subparagraph (9) of this Paragraph. All eonunents shall be eonsidered in ...,,king *"^
final deeisien and shall be answered as provided in Subpar-agr-aph (9) of this Paragraph.-
(6) Public Hearings.
')The Division shall hold a public hearing on a draft permits) when a hearing is
requested.whenever- E)afthe basis oriequests,asignif4eant degree of peblie
interest in a draft pefmit(s) is detefmined.
`" The Division may also hold a public hearing at its ai^^r-etio whenever such a
hearing might clarify one or more issues involved in the permit decision.
(4i)---Public hearings held pursuant to this Rule shall be at a location convenient to the
nearest population center to the subject facility.
(iv) --Public notice of the hearing shall be given as specified in Subparagraph (4) of this
Paragraph.
(B) Any person may submit oral or written statements and data concerning the draft permit.
Reasonable 1i :* The Division may be -set aperrthe time allowed for oral statements,
statements; and mU require the submission of statements in writin ,.-Fit Rg May
The Division shall extend the public comment period under Subparagraph (4) of
this Paragraph to the close of any public hearing under this
Subparagraph. The hearing ,.cfi�ffi=e Division may also extend the comment period by so
stating at the hea hearing, when information is presented at the hearing which indicates
the importance of extending the period to receive additional comments, to allow potential
commenters to gather more information, to allow time for submission of written versions
of oral comments made at the hearing, or to allow time for rebuttals of comments made
during the hearing. The Division shall publish the end date of the extended comment period
on the Division's website.
(C) A tape the Division shall make available to the public a recording or written transcript of
the hearing shall be made available to the public upon request.
(7) Reopening of the Public Comment Period.
(A) I€&" In response to data, information, or arguments submittereceived during the public
comment period, _period ^ to Faise substantial newestio ^Ming a pefffiit
aetien, he Division may take one ^ of the f ll^. ing aetief s:
0) Pr-epare rp epare a new revised draft permit ^^Fmi+, appr-a r-iAely m^aifi^a, under
Subparagraph (2) of this Paragraph;
(ii) Preps rp epare ^ F�revised fact sheet under Subparagraph (3) of this
Paragraph Paragraph, and reopen or extend the comment period under
Subparagraph (4) of this Para.rg Wh. r

C-111
(iii) Reopen oFextend -the eomment period under c�anag (4) of this Paragraph
to give intefested peFsons an opportunity to comment on the information oF
afgtffneats submitted.
(B) Comments filed during the reopened comment period shall be limited to the information
that was revised in the draft permit followingthe original comment period. substa-PAi ' nev,
"estions that eatised its reopening. The public notice shall be in accordance with unde>
Subparagraph (4) of this Paragraph and shall define the scope of the reopening.
124lie netiee of any of the aetions of this Subparagraph shall be issued under 94par-agr-aph
(4) of this Paragraph.
(8) F4nal-Permit Decision.
(A) After the close of the public comment period under Subparagraph (4) of this Paragraph on
a draft permit or a notice of intent to deny a permit, the Division shall issue a final -permit
decision. The Division shall notify the applicant and each person who has submitted a
written request for notice of the final —permit decision. For the purposes of this
Subparagraph, a€gal-permit decision means a final -decision to issue, den�denv or modify
a permit.
(B) A final permit decision shall become effective upon the date of the service of notice of the
decision unless a later date is specified in the decision.
(9) Response to Comments.
(A) At the time that a final -permit decision is issued under Subparagraph (8) of this Paragraph,
the Division shall issue a response to comments. This response shalhshall
(i) Speeif-j-s eci which provisions, if any, of the draft permit have been changed
in the €tna4-permit decision, and the reasons for the change.phange; an
(ii) Brie4TThe response shall also briefly describe and respond to all signif4ea-Ht
comments pertaining to the requirements in en -the draft permit raised during the
public comment period, or during any public hearing.
(B) The Division shall publish the response to comments on the Division website upon request.
shall be made available to the publie.
(d) Permit approval or denial.
The Division shall review all permit applications in accordance with Rule .0203 of this
Subchapter.
■
��

C-112
History Note: Authority G.S. 130A-294;
Eff. October 9, 19-9-3 1993;
Readopted ff. Jul
y 1, 2020.

C-113
15A NCAC 13B .1604 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1604 GENERAL REQUIREMENTS FOR MSWLF FACILITIES
(a) Appheability.Permits issued by the Division for new and existi MSWLF facilities are shall be subject to the
general requirements set forth in this Rule.
(b) Terms of the Permit. The Solid Waste Management Permit shall incorporate requirements necessary to comply
with this Subchapter and the North Carolina Solid Waste Management Act including the provisions of this Paragraph.
(1) Division Approved f a-i+. Plans. Permits issued subseque— ewafter March 9, 1993 shall incorporate
a -the Division approved plans.
(A) The scope of the Division approved plans p1m shall be limited to include the information
necessary to comply with the requirements set forth in Rule .1617 of this Section.
(B) The Division approved plans afshall be subject to and may be limited by the conditions
of the permit.
(C) The Division approved plans for a MSWLF
€asility shall be described in the permit and shall include the f^' s
`—the Facility Plan required by Rule .1619 of this Section; plate
`;—the Engineering Plan required by Rule .1620 of this Section; the
Construction Quality Assurance Plan required by Rule .1621 of this Section; P
(iii)—the Operation Plan required by Rule .1625 of this Section; plain;
the Closure and Post -Closure Plan required by Rule .1629 of this Section; and
(iv) —the Monitoring Plans required by Rules .1630 through .1637 of this Section. phH+,
ad
(2) Permit provisions. All dispesaSWLF facilities shall conform to the specific conditions set forth
in the permit and the following enteral provisions. Nothing in this Subpafagr-aph shall be eans —�a
to limit the conditions the Division may otherwise impose on a perfnit7-
(A) Duty to Comply. The permittee shall comply with all conditions of the permit.
(B) Duty to Mitigate. In the event of noncompliance with the permit, the permittee shall take
all reasonable steps to minimize releases to the environment, environment; and shall carry
out such measures as are reasonable to prevent adverse impacts on human health or the
environment.
(C) Duty to Provide Information. The permittee shall furnish to the Division any
"information which the Division may request to determine whether cause exists for
modifying or revoking suspending the this permit, or to determine compliance with the this
permit. The permittee shall also furnish to the Division, upon request, copies of records
required to be kept by under the conditions of this permit.

C-114
(D) Recordation Procedures. The permittee shall comply with the requirements of Rule .0204
of this Subchapter in-efde-r--for a new permit to be effective.
(E) Need to Halt or Reduce Activi1y.Aefivity zit -a De€ease. it is t shall not be a defense
for a permittee in an enforcement action to claim that it would have been necessary to halt
or reduce the permitted activity inrefder-to maintain compliance with the conditions of the
this permit.
(F) Permit Actions. A permit may be modified, fev reissued, revoked, suspended, or
terminated for- eause-in accordance with G.S. 130A-23. The filing of a request by the
permittee for a permit modification, madif4eation of tefmination, or a notification of
planned changes or anticipated noncompliance, does not stay any existing permit condition.
(G) No Property Rights. The Division does not intend for a permit to convey any
property rights of any sort or any exclusive privilege. A permit for a solid waste
management facility is transferable onlyprior approval of the Department in
accordance with G.S. 130A-294(al).
(H) Construction. If construction does not commence within 18 months from the issuance date
of the permit to construct, or an amendment to the permit, then the permittee shall obtain
written approval from the Division prior to construction and comply with any conditions
of the approval. In determining whether to approve construction, the division shall
consider length of time elapsed since issuance of permit, any changes in applicable state
and federal statutes and rules since issuance of the permit, and any changes in financial
qualifications or environmental compliance status of the holder of the permit in accordance
with G.S. 130A-295.2 and G.S. 130A-295.3.
(I) Proper Operation and Maintenance. The permittee shall at all times pr-eperly operate and
maintain all facilities and systems of treatment and control and related appurtenances (-ate
related app 4ena es) which are installed or used by the permittee to achieve compliance
with the conditions of this the permit. Proper operation and maintenance includes effective
performance, adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems only
when necessary to achieve compliance with the conditions of the permit.
(J) Inspection and Entry. The permittee shall allow the Department to r,yisio
(i) Ef ter enter the permittee's premises where a regulated €aeility unit or activity is
located or conducted, or where records are kept under the conditions of the this
permit -,permit.
(ii) Have The Department shall have access to a -copy of -any records required to be
kept under the conditions of the permit.

C-115
(iii) inspect The permittee shall allow the Department to inspect any facilities,
equipment (inelttdingjncludin practices, operations, or monitoring and control
e t*,eauipment that are required or regulated by the
facility permit or the rules of this Subchapter. r
(iv) Sam For the purpose of assuring permit compliance or as otherwise authorized
by G.S. 130A Article 9. the permittee shall allow the Department to sample or
monitor, at any location under the operation or control of the permittee, any
materials, substances, wastes, leachate, soil, groundwater, surface water, gases, or
gas condensates, or ambient air if the Department gives notice to the permittee 24
hours prior to sampling or monitorin,R. OF ni*^r for the pur-poses of assufing
pe it eamplianee or- as other-wise-authar-iced by the Aet, any s4steneesor-
parameters at a" leeatien; an4
(V) Make —The permittee shall allow the Department to take photographs for the
pufpese-ef-documenting items of compliance or noncompliance at permitted
facilities. waste management , nits or ,,ere a4e to . eteet legitimate
At the request of the Department, the permittee shall take
such photographs and submit them to the Department. fequiFo he pe,m iftee *^
also siieh photos f F the Diyis;..,..
(K) Monitoring and Records.
`)Samples and measurements taken for the-puTese of -monitoring shall be
representative of the monitored activity. The permittee shall split any required
samples with the Division upon request.
`"The permittee shall retain records of all monitoring information required by the
permit for the active life of the facility and for the post -closure care period.
(4i�—Records of monitoring information shall include:
0) The the date, place, and time of sampling or measurements;
(TTt�e the individual(s) who performed the sampling or measurements;
teethe date(s) analyses were performed;
(W) The the individual(s) who performed the analyses;
(NI) The the analytical techniques, methods, and equipment used; a
.o,.k.,iques or methods used (inehidi g o e t „sod); and
(NII) The the results of such analyses.
(L) Reporting Requirements.
`)The permittee shall give notice to the Division as soon as possible of any planned
physical alterations or additions to the permitted facility.
(ii) Monitoring results Results of environmental monitoring required in accordance
with this Subchapter shall be reported at the intervals specified in the permit.

C-116
(iii) The permittee shall repy give notice to the Division via telephone or e-
mail within 24 hours from the time the permittee becomes aware of the
circumstances of any release or discharge outside the liner, collection system or
other containment component, any fire, or explosion from the permitted landfill
facility. Sue o erts shall be add to the r,iyisie o 0 e fit 4ive at the
appfoprime regional offiee of the Depaftraen4 of Envira=ent and Natural
no
xccsvcrroe:r.
`"Where the permittee becomes aware that it failed to submit all relevant facts and
corrected information in a permit application, or submitted incorrect information
in a permit application or in any report to the Division, it -the permittee shall submit
the corrected such facts or information to the Division.
(M) Survey for Compliance.
`Within 60 days of the permittee's receipt of the Division's written re"est request
for a survey, the permittee shall shave a survey conducted a stIFVey of
active or closed portions of their facility in-efle�to determine if operations (e.g.,
cut and fill boundaries, grades) are being conducted in accordance with the
approved design and operational plans. The permittee shall report the results of
such survey to the Division within 90 days of receipt of the Division's request.
':�A survey may be required by the ;>iyisioi�Division
(1�rif there is reason to believe that operations are being conducted in a
manner that deviates from the Division approved plans; or
(11) --i!ras a periodic verification (but no more than annual) that operations
are being conducted in accordance with the Division approved plans.
(i4)--If required by G.S. 89C, any survey performed pursuant to this Part shall be
performed by a licensed professional land surveyor. to .oa !a-n surveyor- duly
authorized under North r.,roli,., law to conduct uct such .,ctiv: [Note: The North
Carolina Board of Examiners for Engineers and Surveyors has determined, by
resolution dated March 31, 2011 that preparation of survey pursuant to this
Paragraph constitutes practicing surveying under G.S. 89C.]
(N) Additional Solid Waste Management Facilities. Construction and operation of additional
solid waste management facilities at the landfill facility shall not impede operation or
monitoring of the MSWLF units . rit and shall be appreved by the r iyis: AU
DroDosed additional activities shall be submitted to the Division for review. aDDroval, and
permitting, as applicable, before construction and operation.
(0) Existing Facilities. Permits issued by theDivision to October 9, 1993 for the
construction of a lateral expansion or a new MSWLF unit are subject to the requiremen
for permit renewal set forffi in Subparagraph (a)(5) of Rule .1603.

C-117
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. May 1, 2044-.2011;
Readopted Ej .July 1, 2020.

C-118
15A NCAC 13B .1617 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1617 APPLICATION REQUIREMENTS FOR MSWLF FACILITIES
(a) New permit as defined in G.S. 130A-294(a3)(1)a, c, d and e. Pe a tie bv 4eilnYAn applicant for a new
MSWLF permit as defined in G.S. 130A-294(a3)(1)a, c, d and a The ao and aorator of a new f eil ty shall meet
the requirements of Rule .1618 of this Section prior to submitting an application for a permit to construct.
(1) Permit to Construct. A complete application for a permit to construct shall meet the General Site
Conditions and Design Requirements sot f ,.th by the Division ,-ada-ad s n contain the following:
(A) 47a facility plan that describes comprehensive development of the MSWLF facility
prepared in accordance with Rule .1619 of this Section;
(B) man engineering plan that is prepared for the initial phase of landfill development
prepared in accordance with Rule .1620 of this Section;
(C) A -a construction quality assurance plan prepared in accordance with Rule .1621 of this
Section;
(D) man operation plan prepared in accordance with Rule .1625 of this Section;
(E) A -a closure and post -closure plan prepared in accordance with Rule .1629 of this Section;
and
(F) ^ water alit-f monitoring plans ply prepared as set fafth in Paragraph (b of in
accordance with Rule .'�.1623(b) of this Section; and
(G) a corporate ownership organization chart and an environmental compliance history for the
applicant in accordance with G.S. 130A-295.3.
(2) Permit to Operate. The owner or operator shall meet the pre -operative requirements of the permit
to construct in--ef4er--to qualify the constructed MSWLF unit for a permit to operate. �'a���
( New permit as defined in G.S. 130A-294(0)(1)b. A complete application for a new MSWLF permit as defined
in G.S. 130A-294(a3)(1)b shall contain:
(1) a facility plan that describes the comprehensive development of the MSWLF facility_ prepared in
accordance with Rule .1619 of this Section;
(2) local government approval in accordance with Rule .1618(c)(5) of this Section; and
(3) a corporate ownership organization chart and an environmental compliance history for the applicant
in accordance with G.S. 130A-295.3.
Lc)(b) Amendment to the permit. A complete application for an amendment to the permit shall contain:
(1) An -an updated engineering plan prepared in accordance with Rule .1620 of this Section;
(2) Aaran updated construction quality assurance plan prepared in accordance with Rule .1621 of this
Section;
(3) An -an updated operation plan prepared in accordance with Rule .1625 of this Section;

C-119
(4) Amman updated closure and post -closure plan prepared in accordance with Rule .1629 of this Section;
and
(5) A -an updated �•�monitoring plan prepared in accordance with Rule .1623(b)(3) of this
Section; and as feAhin Pafag T ` of Rule .1623.
(6) an updated corporate ownership organization chart and an updated environmental compliance
history for the applicant in accordance with G.S. 130A-295.3.
fd)(0 Modifications to the permit. The owner or operator may propose to modify plans that were prepared and
approved in accordance with the requirements set forth in this Section. A complete application shall identify the
requirement(s) proposed for modification and provide effete information i order to demonstrate -that demonstrates
compliance with the applieable -equ ..eme is Rules of this Section.
(e) A permit for closure and post -closure. An application for closure and post -closure shall contain:
(1) an updated engineering plan prepared in accordance with Rule .1620 of this Section;
(2) an updated construction quality assurance plan prepared in accordance with Rule .1621 of this
Section; and
(3) an updated closure plan and updated post -closure plan prepared in accordance with Rule .1629 of
this Section.
(4) an updated corporate ownership organization chart for the applicant.
0) An opermian plan prepared in aeeor-da-aee with Rule .1625 of this (d) Transition plan for- existing N4SWLF units. Ownefs of operators of existing N4SWLF units shall stibmit a 4afisiti
(2) A elosufe a -ad post elosufe plan pr-epafed in aeeor-danee with Rule . 1629 of this ;
(A) A elestife datefor the e*isting N4Sxx'r„ Wit•, and
(B) A schedule for submitting the required permit applications for a new facility, permit
renewal or planned use of any N4SWLF facility which meets the requirements f
Pennit A for to lateral
MSWLF
(e) renewal. complete application a permit construct a expansion or a new
A f4eility tha4 deser-ibes development the MSWLF facility
unit
shall
in
0) plan comprehensive of
aeeer-daneeAvM Rule .1 619 of this Section
An thm is for- the initial landfill development
prepared
in
P) engineering plan prepared phase of
accordance with Rule .1620ofthis Seetiew,
A in Rule
prepared
this
Section;(3)
construction quality assurance plan prepared accordance with .1621 of
(4) An operationplan prepared zrr-accordance with Rule .1625 of'this Sect;.,.,.;

C-120
History Note: Authority G.S. 130A-294;
Eff. October 9, 49-9-31993;
Readopted Eff. July 1, 2020.

C-121
15A NCAC 13B .1618 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1618 SITE STUDY FOR MSWLF FACILITIES
(a) Purpose. As required under Rule .1617 of this Section, the owner and operator shall prepare a site study that
whieh meets the requirements of this Rule. The Division shall review the site study for a proposed new facility prior
to consideration of an application for a permit to construct. Following review of the site study, the Division shall
notify the applicant that either:
(1) the site is deemed suitable for establishing a MSWLF unit and the applicant is authorized to
prepare an application for a permit to construct in accordance with Rule .1617 of this Section and
the site -specific conditions and design requirements stated in the notification, if any; -and the Gene a
Site Gandifiens and Design Requir-ements pr-eser-ibed by the Divisiei+, or
(2) the site is deemed unsuitable for establishing a MSWLF unit and shall specify the reasons which
would prevent the MSWLF facility from being operated in accordance with G.S. 130A, Article 9,
this Subchapter, and the Federal Resource Conservation and Recovery Act, as amended.
(b) Scope. The site is -shall be the land ,.that is proposed for the landfill facility. The site study shall present
pFesents a characterization of the land, incorporating various investigations and requirements pertinent to suitability
of a MSWLF facility. The scope of the site study shall include includes criteria associated with the public health and
welfare, and the environment. The economic feasibility of a proposed site is not shall not be within the scope of this
study. -study and instead, should be evaluated by the owner- or- opera4er- prior- to submit4ing a pefmit appheafien to the
The information in the site study shall accurately represent site characteristics and, if required by G.S. 89C,
89E, or 89F and not under the purview of another licensed profession, a shall be prepared by licensed
professional engineers, licensed geologists, licensed soil scientists, or licensed professional land surveyors. qualified
environmental professionals. A qualified environmental prefessional is a per -son whe has Feeeived a baeealaur-eate or -
post gr-a&ate degree ffem a tmiver-sity and has suffieient tfaining and - related to the field of study
estigation that enables th4 per -son to make sound professional MSWLF unit(s) shall comply
with the location restrictions set forth in Subparagraphs (c)(4) through (c)(6) of this Rule. To demonstrate compliance
with specific criteria for each of the respective location restrictions, documentation or approval by agencies other than
the Division of Waste Management, Solid Waste Section may be required. The scope of demonstrations including
design and construction performance shall be addressed in the site study.
(c) The site study prepared for a MSWLF facility shall include the information required by this Parar Wh. Pafagfaph
unless ., noted in D..,-ag-aphs (d) an (e) of this Rule.
(1) Regional characterization study. The regional study area includes the landfill facility and a �We mile
two-mile perimeter measured from the proposed boundary of the landfill facility. The study shall
include a report and a regional map identifying the following:
(A) general topography and features as illustrated on the most recent U.S.G.S.
Topographic topoZraphic map, 7.5 Minute Series, horizontal scale of at least one inch
equals 2000 feet;

C-122
(B) PFeposed-proposed landfill facility location;
(C) Rublie public water supply wells, surface water intakes, and service areas;
(D) n e^'a4-residential subdivisions;
(E) e-waste transportation routes; and
(F) i-aV un blic use airports and runways.
(2) Local characterization study. The local study area includes the landfill facility and a 2000 400
2,000-foot perimeter measured from the proposed boundary of the landfill facility. The study shall
include an aerial photograph taken within one year of the original submittal date, a report, and a
local map. The map and photograph shall be at a scale of at least one inch equals 400 feet. The
study miis shall identify the following:
(A) Tot --the entire property proposed for the disposal site and any on -site easements;
(B) Exisfingexistine land use and zoning;
(C) the location of private residences and schools;
(D) the location of commercial and industrial buildings, and other potential sources of
contamination;
(E) the location of potable wells and available documentation regarding well completion
and production rate;
(F) u���historic sites; and
(G) the existing topography and features of the disposal site including: general surface
water drainage patterns and watersheds, 100-year floodplains, perennial and intermittent
streams, rivers, and lakes.
(3) Site Hydrogeologic Report. The study shall be prepared in accordance with the requirements set
forth in Rule .1623(a) of this Section.
(4) Location Restrictions. A report shall be prepared demonstrating compliance with the criteria in Rule
.'�.1622 of this Section; and the report shall incorporate the proposed facility plan wand, if
applicable, discuss planned compliance with design and construction standards referenced in Rule
.1622(2)(a), (3)(a)(iii), (4)(a), (5)(a), and (0(6)(a) of this Section.
(5) Local government approvals for MSWLFs.municipal solid waste landfill
(A) if the proposed municipal solid waste landfill site is located within an incorporated city or
ef the gaveming board of the eivy or- tewn shall be r-eqt4r-ed. Otherwise, the appr-eval of
be required. ^, may be in fefm of either--ar-eselatie etean a motion. A
copy of the resoltition, or the minutes of the meeting where the 'Vote was taken sha
submitted to the Division as pa -A of the site stud... If the permit applicant is a unit of local
government and the proposed MSWLF site is located within the permit applicant's
jurisdiction, the approval of the local governing board shall be required. Approval may be

C-123
in the form of either a resolution or a vote on a motion. A copy of the resolution or the
minutes of the meeting where the vote was taken shall be submitted to the Division as part
of the site study.
(B) A permit applicant other than the unit of local government with jurisdiction over the
proposed MSWLF site shall obtain a franchise in accordance with G.S 130A-294(bl) from
each unit of local government in whose jurisdiction the site is located. A copy of the
franchise shall be submitted to the Division as part of the site study.
(C)o—Prior to issuance of approval or franchise, appfe*a-l-, the jurisdictional local government
where the landfill is to be located shall hold at least one public meeting to inform the
community of the proposed waste management activities as described in the proposed
facility plan prepared in accordance with Subparagraph (6) of this Paragraph. The local
government where the MSWLF is to be located shall provide a public notice of the meeting
at least 30 days prior to the meeting_
(i For the purposes of this Subp Part, public notice shall include: a legal advertisement
placed in a newspaper or newspapers serving the county; and provision of a news release
to at least one newspaper, one radio station, and one TV station serving the county. Public
notice shall include time, place, and purpose of the meetings required by this Part.
LMf
fneeting a4 least 30 days prior- to the Public notice shall be documented in the site
study. A tape-recording or a written transcript of the meeting, all written material submitted
representing community concerns, and all other relevant written material distributed or
used at the meeting shall be submitted as part of the site study.
M(i-v) The complete permit application, written transcripts of all public meetings and any
additional material submitted or used at the meetings, and any additions or corrections to
the applications, including any responses to notices of deficiencies shall be submitted to
the closest local library in the county of the proposed site, with the request that the
information be made available to the public until the permit decision is concluded.
ff)(B) A letter from the unit of local government having zoning jurisdiction over the site which
states that the proposal meets all the requirements of the local zoning ordinance, or that the
site is not zoned shall be submitted to the Division as paft e with the site study.
(G) A letter- 4-em the unit ef leeA geyermerft Fespeasib e for- the implementa4ion- of a
eampr-ehensive solid waste management plan approved by the Division Ein aeeer-da-neewi
municipal solid waste landfill is consistent with the approved solid waste management plan
shall be submitted with the site study.
(6) Proposed Facility Plan. A conceptual plan for the development of the facility including drawings
and a report must shall be prepared which incorporates the summary findings of the geologic and

C-124
hydrogeologic report as set forth in Subparagraph (a)( 2) of Rule ti'2 Rule .1623(a)(13) of this
Section and includes the drawings and reports described in Rule .1619 (d)(1), (d)(2), (e)(1), (e)(2),
(e)(3), an (e)(S} (e)(5). (e)(6), and (eZ7) of this Section.
History Note: Authority G.S. 130A-294;
Eff. October 9, 19-9-3 1993;
Readopted Ej .July 1, 2020.

C-125
15A NCAC 13B .1619 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1619 FACILITY PLAN
(a) Purpose. Asr-equir-edunder- Rule .16" of this Seetien, * A permit applicant shall prepare a facility plan which
meets the requirements of this Rule.
(b) Scope.
(1) The facility plan shall define defames the comprehensive development of the property proposed for
permit or described in the permit of an existing facility. The plan shall include ineindes a set of
drawings and a report which that present the long-term, general design concepts related to
construction, operation, and closure of the MSWLF unit(s), including leachate management. The
scope of the plan shall span spathe active life of the MSWLF unit(s). Additional solid waste
management facilities located at the MSWLF facility shall be identified in the plan and shall meet
the requirements of this Subchapter. The facility plan shall define defines -the waste stream proposed
for management at the MSWLF facility. If different types of landfill units or non -disposal activities
f e'n, '�eare included in the facility design, the plan must shall describe general waste acceptance
procedures.
(2) The areal limits of the MSWLF unit(s), total capacity of the MSWLF unit(s), and the proposed waste
stream shall be consistent with the Division's approval seer
^A) M- in accordance with Rule .1618(a)(1) of this Section for a new facili .€aeikty; e
(B) in aeeerdanee with the euffent pei:fnit for- an exisfing f4eility applying for- pet:fflit fenewal,
(c) Use of Terms. The terminology used in describing areas of the kndfill MSWLF unit shall be defined in thefaeility
peas follows and shall be used consistently throughout a permit application. The Division -eea, ri ends the use e
(1) A "phase" is an area constructed with a base liner system that describes �favi es „e fnar-e tkan
approximately five years of operating capacity. An applicant may request a permit to construct for
any number of phases up to the entire extent of the disposal boundary for the life -of -site.
(2) A "cell" is a subdivision of a phase which describes modular or partial construction.
(3) A "subcell" is a subdivision of a cell which describes leachate and stormwater management for
active or inactive areas of the constructed MSWLF.
(d) Facility Drawings. The facility plan shall include the following drawings:
(1) Site Development. The two drawings ,.� that plot site development shall be prepared on a
topographic map representative of existing site conditions; and the map shall locate or delineate the
physical features referenced in Rule .1622 of this Section and shall incorporate a survey locating all
property boundaries for the proposed landfill facility certified by a licensed professional land
surveyor, if required by G.S. 89C.an individual '.^cried to practice land surveying in the State o

C-126
(A) Landfill units and leachate facilities. This drawing shall delineate the areal limits of all
landfill units and leachate facilities and incorporate the buffer requirements set forth in
Subparagraph (b)(3) of Fettle .'�4. Rule .1624(b)(3) of this Section and the maximum
allowed disposal area set forth in Rule .1624(b)(17) of this Section.
(B) All facilities. This drawing shall locate all solid waste management facilities and facility
infrastructure, including landfill units and leachate facilities.
(2) Landfill Construction. All on -site grading activities related to the construction and operation of the
MSWLF unit(s) shall be illustrated in facility drawings which:
(A) Delineate delineate the limits of grading, including borrow and stockpile areas;
(B) Define define phases of development whieh do not exeeed approximately in increments of
five years of operating eapaei apaci1 , Ldp to the entire extent of the disposal boundary
for the life -of -site;
(C) Propose- rp opose base grades for the MSWLF unit(s);
(D) Dehaea4e-delineate the location of access roads, sedimentation basins, leachate pipeline
and storage or treatment facilities and other structures related to the operation of the
MSWLF unit; and
(E) Prepese-propose final contours for the MSWLF unit(s) and facility features for elastfe.
closure that comply with the maximum allowed height requirement of Rule .1624(b)(17)
of this Section.
(3) Landfill Operation. The following information related to the long-term operation of the MSWLF
units shall be included in facility drawings:
(A) Gener-aP eg neral grade and flow direction for the drainage layer component of the leachate
collection system;
(B) Size sib location, and general grade for the leachate piping system, including on -site
pipelines to leachate management facilities;
(C) Proposed —proposed transitional contours for each phase of development, including
operational grades for existing phase(s) and construction grading for the new phase; and
(D) Ifif included in the design, stormwater segregation features and details for inactive landfill
subcells.
(e) Facility Report. The facility plan shall include the following information:
(1) Waste stream. A discussion of the characteristics of the wastes received at the facility and facility
specific management plans shall incorporate:
(A) 443e-the types of waste specified for disposal;
(B) Average -average monthly disposal rates and estimated variance;
(C) the area served by the facility;
(D) procedures for segregated management at different on -site facilities; and
(E) equipment requirements for operation of the MSWLF unit.

C-127
(2) Landfill Capacity. An analysis of landfill capacity and soil resources shall be performed.
(A) The data and assumptions used in the analysis shall be be
(i) Consistent consistent with the facility drawings and disposal rates specified in the
facility plan; and
(ii) Representative ­representative of operational requirements and conditions.
(B) The conclusions shall provide accurate volumetric estimates eof
(i) Tat -al —total operating eapaoi 5,-. capacity that does not exceed the maximum
allowed capacity defined in Rule .1624(b)(17) of this Section;.
(ii) Operatin,operating capacity for each Anephaae of development;
(iii)in sein-place ratio of waste to soil;
(iv) Available ­available soil resources from on -site or specific off -site sources;
required quantities of soil for landfill construction, operation, and
closure; and
(•��e the estimated operating life of all MSWLF units in years.
(3) Containment and environmental control systems. A general description of the systems designed for
proper landfill operation, system components, and corresponding functions shall be provided.
(4) Leachate Management. An analysis of the leachate management requirements and plans for the
MSWLF facility shall incorporate the information required under this Subparagraph.
(A) The performance of and design concepts for the leachate collection system within active
areas of the MSWLF unit and any storm water segregation included in the engineering
design shall be described.
(B) Normal operating conditions. Normal operating conditions shall be defined and must shall
sensideFiconsider surge volumes generated by storm events; and
(i) A-verage average monthly values for leachate generation representative of the
landfill's environment and operation u4ag-. sing empirically derived estimates, or
(i) Empirically derived estimates; o
(11) For for landfill expansions, actual leachate generation data from the
existing landfill.
(ii) Surge volumes generated by storm even4s.
(C) Leachate management system. A description of the leachate management system
components and their engineered function shall be provided, and shall include inekHh*g:
(i) Leachate Leachate pipeline operating capacity;
(ii) Gapaeity-ca aci of the storage and if applicable, the treatment facilities; and
(iii) Final -final disposal plans and applicable discharge limits, including documented
prior approval of the waste water treatment plant which may be designated in the
plan.

C-128
(D) A contingency plan shall be prepared for storm surges or other considerations exceeding
design parameters for the storage or treatment facilities.
(5) Special engineering features. A description of any special engineering,features specific to the
landfill that the applicant is proposing shall be provided.
(6) Traffic study. A traffic study and NC Department of Transportation certification shall be prepared
as required by G.S. 130A-295.5 and in accordance with the effective date and applicability set forth
in S.L. 2007-550.
(7) Study of Environmental Impacts. A study of environmental impacts shall be conducted as required
by G.S. 130A-295.6(a).
History Note: Authority G.S. 130A-294;
Eff. October 9, 19-9-3 1993;
Readopted E,('. July 1, 2020.

C-129
15A NCAC 13B .1620 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1620 ENGINEERING PLAN
(a) Purpose. The engineering plan shall incorporate ineefpefates the detailed plans and specifications relative to the
design and performance of the land€r1F's MSWLF's containment and environmental control systems. The engineering
plan shall setThis plan sets forth the design parameters and construction requirements for the components of the
landfill's MS WLF's systems and establishes establish the responsibilities of the design engineer. The engineered
components afe shall be described in Rule .1624 of this Section. As required under Rule .1617 of this Section, the
owner or operator shall submit an engineering plan whisk that meets the requirements of this Rule.
(b) Responsibilities of the design engineer. The engineering plan shall meet the requirements of this Rule and, if
required by G.S. 89C, the The engineer -in .plan shall be prepared by a licensed professional engineer. Professional
Engineer lieensed to pr-aeti - . . - in aeeefdanee with G.S. 89C and the Administfative Rules develop
thereunder-. The plan shall fneet the fequir-ements of this The design engineer shall incorporate a statement
certifying this fact and bearing his or her seal of registration.
(c) Scope. An engineering plan shall be prepared for the proposed area of development ^ phase of development no
to -weed -that provides no less than five years of operating eapaeicapacity and no more than the
total facility capacity, consistent with the development phases and design criteria defined in the facility plan. The
original and subsequent plans shall incorporate the design of leachate management and other environmental
control facilities. The engineering plan shall contain a report and a set of drawings whieh-that eensistently represent
the engineering design.design in accordance with Paragraph (d) of this Rule.
(d) An engineering report nuist shall contain:
(1) An analysis of the facility design that conforms to:
(A) Tl,--the standards for the foundation and the base liner system set forth in Rule .1624 of
this Section;
(B) Tl}e-the standards for the cap system set forth in Pafagraph{c) of Rule .1627 Rule .1627(c)
of this Section; and
(C) The -the standards for the leachate storage facilities set forth in Rule .1680 of this Section.
(2) A summary of the facility design that includes:
(A) Ara discussion of the analytical methods used to evaluate the design;
(B) lion definition of the critical conditions evaluated and assumptions made;
(C) A -a list of technical references used in the evaluation; and
(D) completion of any applicable location restriction demonstrations in accordance
with Rule .1622 of this Section.
(3) A description of the materials and construction practices that conforms to the requirements set forth
in Rule .1624 of this Section, and is consistent with the analysis of the facility design prepared in
accordance with this Para rg aph.

C-130
(4) A copy of the Design Hydrogeologic Report prepared in accordance with U.,.-.,..r.,p (b) of Rule
.Rule .1623(b) of this Section.
(e) Engineering drawings must shall elea-Ay Ilustrate:
(1) Existing- conditions: site topography, features, existing disposal areas, roads, and buildings;
(2) Gr- arg ding_plans: proposed limits of excavation, subgrade elevations, boring locations, and
intermediate grading for partial construction;
(3) Base -base liner system: grades for top of composite liner, slopes, anchor configuration, and liner
penetration locations and details;
(4) Leaehate leachate collection system: base elevations, piping system grade and inverts, cleanouts,
valves, sumps, top of protective cover elevations, and details;
(5) cstormwater segregation system: location and detail of features;
(6) Gap --system: base and top elevations, landfill gas devices,^e'�n, infiltration barrier, surface
water removal, protective and vegetative cover, and details;
(7) Temper-ai=)-temporaU and permanent sedimentation and erosion control plans;
(8) vertical separation requirements incorporating boring locations, cross sections, the maps
prepared in accordance with Rule .1623(b)(2)(E) and (F) of this Section, and the grading plans; and
(9) ^ dd radditional engineering features and details. details if present.
History Note: Authority G.S, 130A-294;
Eff. October 9, 19-9-3 1993;
Readopted Elf. July 1, 2020.

C-131
15A NCAC 13B .1621 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1621 CONSTRUCTION QUALITY ASSURANCE PLAN
(a) Pufpese. The construction quality control and quality assurance (CQA) plan must shall describe the observations
and tests that will be used before, during, and upon completion of construction to ensure that the construction and
materials meet the design specifications and the construction and certification requirements set forth in Rule .1624 of
this Section. The CQA plan ffmst shall also describe the procedures to ensure that the integrity of the landfill systems
will be maintained prior to waste placement.
(b) For construction of each cell, the CQA plan shall include: inelade, btit of be limited tw
(1) Responsibilities and authorities. The plan shall establish responsibilities and authorities for the
construction management organization. A pre -construction meeting shall be conducted prior to
beginning construction of the base liner system for a new cell. The meeting shall include a
discussion of the construction management organization, respective duties during construction, and
periodic reporting requirements for test results and construction activities.
(2) Inspection activities. A description of all field observations, tests, equipment, and calibration
procedures for field testing equipment that will be used to ensure that the construction and
installation meets or exceeds all design criteria established in accordance with Rules .1620 and .1624
of this Section. co,..;en must be pr-esented i the GQ n pla-
(3) Sampling strategies. A description of all sampling protocols, sample size, methods for determining
sample leeations-locations, and frequency of sampling; sampling must be presented ift the CQA plan.
(4) Documentation. A description of reporting_Repeffi*g­requirements for CQA activities; and
..,hies ffmst be deser-ibed i detail ;n the GQA plan.
L5 Progress and troubleshooting meetings. meeeelfi*�-&- J ily and monthly, ffst be addressed in the „la
A description of planned progress and troubleshooting meetings, including the frequency, shall be
included in the CQA Plan. The meetings shall occur no less than twice per week, and the ^emits
proceedings of the meetings must shall be documented.
History Note: Authority G.S. 130A-294;
Eff October 9, 199-3 1993;
Readopted Elf. July 1, 2020.

C-132
15A NCAC 13B .1622 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1622 LOCATION RESTRICTIONS FOR MSWLF FACILITY SITING
MSWLF units shall comply with the siting criteria set forth in this Rule. in order to aom enst a4e ,.,.milli. nee with
eeifie ,.rite." aoetimen4 tie Documentation or -of approval by agencies other than the Division of Waste
Management may be required to demonstrate compliance with specific criteria. The scope of demonstrations
including design and construction performance shall be discussed in a site study and completed in the permit
application.
(1) Airport Safety. For purposes of this Rule, "airport" means a public -use airport open to the public
without prior permission and without restrictions within the physical capacities of the available
facilities.
(a) A MSWLF unit shall be located no closer than 5,000 feet from any airport runway
used only by piston -powered aircraft and no closer than 10,000 feet from any runway used
by turbine -powered aircraft.
(b) Owners or operators proposing to site a MSWLF unit ^r later -a! expa ioi within a
five -mile radius of any airport runway used by turbine -powered or piston -powered aircraft
shall notify the affected airport and the Federal Aviation Administration prior to submitting
a permit application to the Division. —
Note: The Federal Aviation Administration (FAA) enacted a prohibition on locatine a new MSWLF
near certain airports. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century (Ford Act), Pub. L. 106-181 (49 U.S.C. 44718 note) rohibits the "construction
or establishment" of new MSWLFs after April 5, 2000 within six miles of certain smaller public
airports. See guidance in FAA Advisory Circular 15015200-34, dated August 26, 2000. For further
information. please contact the FAA.1
(2) Floodplains.

C-133
(a) Landfill units at facilities with permit or facility plan approval by the Division prior to June
1, 2005 New N4SV r F , its existing N4S)Vr F ,nits, and lateral expansions shall not be
located in 100-year floodplains unless the owners or operators demonstrate that the unit
will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity
of the floodplain, or result in washeu4the carrying awgy of solid waste by flood waters. se
(b) Landfill units permitted after August 1, 2007 shall meet the requirements of G.S. 130A-
295.6(c)(1) in accordance with the effective date and applicabili requirements of
S.L.2007-550. For- p, -pries of this n.,,-.,,..-aph
"Washout"
mea-as th I . — Y of solid waste by wateFs of the base Peed.
(3) Wetlands. For purposes of this Rule, "wetland" or "wetlands" mean those areas that are defined in
40 CFR 232.2(r). MSWLF units permitted after August 1, 2007 shall meet the requirements of G.S.
130A-295.6(c)(2) in accordance with the effective date and applicability requirements of S.L.2007-
550.
(a) —Landfill facilities permitted by the Division prior to June 1, 2006'` ew NISI L F „m;... an
Wer- ' expan shall not be located in wetlands, unless the owner or operator
demonstrates the following for Division approval.^^ make the following do.,,east,.Aians
La)(i) Where applicable under Section 404 of the Clean Water Act or applicable State wetlands
laws, the presumption that a practicable alternative to the proposed landfill facility is
available which does not involve wetlands is clearly rebutted.
(h)(ii) The construction and operation of the MSWLF unit will knot
) Gause cause or contribute to violations of any applicable State water quality
standard, and will not
(B) Vi4ate violate any applicable toxic effluent standard or prohibition under Section 307 of
the Clean Water Act.A-et--
Lc,)(E*-3eepaFdrze The construction and operation of the MSWLF unit will 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, and will not 4 7

C-134
(D) Vialate-violate any requirement under the Marine Protection, Research, and Sanctuaries
Act of 1972 for the protection of a marine sanctuary.
Ldj(iii)—The MSWLF unit will not cause or contribute to s:,..�degradation of wetlands.
(e) The owner or operator shall demonstrate the integrity of the MSWLF unit and its ability to
protect ecological resources by addressing the following factors:
01 W Erosion, stability, and migration potential of native wetland soils, muds and
deposits used to support the MSWLF unit;
ii (H) Erosion, stability, and migration potential of dredged and fill materials used to
support the MSWLF unit;
iii (C) The volume and chemical nature of the waste managed in the MSWLF unit;
iv)" Impacts on fish, wildlife, and other aquatic resources and their habitat from
release of the solid waste;
Lv, E) The potential effects of catastrophic release of waste to the wetland and the
resulting impacts on the environment; and
vi (F) Any additional factors €aeters, as aeeessar�—,to demonstrate that ecological
resources in the wetland are protected Sff9^:e ff4 ^FOW4ea.
(iv) To to the extent required under Section 404 of the Clean Water Act or applicable
State wetlands laws. lei
(f) The owner or operator shall demonstrate that steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
Sub -Items (a) through (d) of this Item,cubitem iwa)(i) of this Ruk then
minimizing unavoidable impacts to the maximum extent practicable, and finally
offsetting remaining unavoidable wetland impacts through all appr- pr-ia4e and
compensatory mitigation actions (e.g., restoration of existing
degraded wetlands or creation of man-made wetlands. eti
W(v) The owner or operator shall also demonstrate that Sufficient sufficient
information is available to make a reasonable determination with respect to each
of the demonstrations required by this Rule.these demonstrations.
(b) Far- pur-pases of this item, wetlands means these afeas that are def4aed iR 40 GFR 232.2(r-).
(4) Fault Areas.
(a) New MSWLF units and Wer-al expansions shall not be located within 200 feet (60 meters)
of a fault that has had displacement in Holocene time unless the owner or operator
demonstrates to the Division that an alternative setback distance of less than 200 feet (60
meters) will prevent damage to the structural integrity of the MSWLF unit and will be
protective of human health and the environment.
(b) For the purposes of this Item:

C-135
(i) "Fault" means a fracture or a zone of fractures in any material along which strata
on one side have been displaced with respect to that on the other side.
(ii) "Displacement" means the relative movement of any two sides of a fault measured
in any direction.
(iii) "Holocene" means the most recent epoch of the Quaternary period, extending
from the end of the Pleistocene Epoch to the present.
(5) Seismic Impact Zones.
(a) New—MSWLF units a- d later-^' expansions shall not be located in seismic impact zones,
unless the owner or operator demonstrates to the Division that all containment structures,
including liners, leachate collection systems, and surface water control systems, are
designed to resist the maximum horizontal acceleration in lithified earth material for the
site.
(b) For the purposes of this Item:
(i) "Seismic impact zone" means an area with a ten percent or greater probability that
the maximum horizontal acceleration in lithified earth material, expressed as a
percentage of the earth's gravitational pull (g), will exceed 0.1 Og in 250 years.
(ii) "Maximum horizontal acceleration in lithified earth material" means the
maximum expected horizontal acceleration depicted on a seismic hazard map,
with a 90 percent or greater probability that the acceleration will not be exceeded
in 250 years, or the maximum expected horizontal acceleration based on a
site -specific seismic risk assessment.
(iii) "Lithified earth material" means all rock, including all naturally occurring and
naturally formed aggregates or masses of minerals or small particles of older rock
that formed by crystallization of magma or by induration of loose sediments. This
term does not include man-made materials, such as fill, concrete, and asphalt, or
unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
(6) Unstable Areas.
(a) Owners or operators of new—MSWLF unitslinits, existing r,rSW F units, and lateral
expansions located proposed for location in an unstable area shall demonstrate that
engineering measures have been incorporated into the MSWLF unit's design to ensure that
the integrity of the structural components of the MSWLF unit will not be disrupted. The
owner or operator shall consider the following factors testers at a when
determining whether an area is unstable:
(a)(i) On - site on -site or local soil conditions that may result in significant differential
settling;
(12)(0 On site or local geologic or geomorphologic features; and

C-136
Lc)O Onsiteor local human -made features or events (both surface and
subsurface).
b) For- puTeses of this item:
events or- ferees eapable of impairing the integrity of seme er- all of the landfill
stFuetufal eampenents—responsible for- o enti g release, ffe a landfill.
(ii) "StnaetHfal eemponents" means liners, leaeliate eolleetion systems, final Unstable areas ean inelude peor feandation eenditions, areas suseeptible to mass
fun on eF fun .,9systems, ..,,1 o anyoth^ nt used the eonst-ructionn1
«
�4r
"Poor- foundation eenditions" i33('tans these afeas where featofes exist whieh
"Areas movement"
eans these areas of infliienee (i.e., are
7) Cultural Resources. A ne�MSWLF unit or lateral expansion shall not damage or destroy an
archaeological historical ,....,,perty property of natural or historical significance that has been
listed on the National Register of Historic Places or included on the Study List for the Register, The
Department of Natural and Cultural Resources shall determine archeological or historical
significance. To aid in making make a determination as to whether the property is of archeological
or historical significance, the Department of Natural and Cultural Resources may request that the
owner or operator to -perform a site -specific survey vhie-h-that shall be included in the Site Study.
(8) State Nature and Historic Preserve. A new-MSWLF unit or lateral expansion shall not have an
adverse impact impact, considering the purposes for designation of the Preserve lands and the

C-137
location, access, size, and operation of the landfill, on any lands included in the State Nature and
Historic Preserve.
(9) Water Supply Watersheds.
(a) A new-MSWLF unit or- Wer-al o.,pansie shall not be located in the critical area of a water
supply watershed or in the watershed for a stream segment classified as WS-I, or in
watersheds of other water bodies which indicate that no new landfills are allowed in
accordance with the vales eodified at 15A NCAC 02B .0200.2B .0200 "Classif4e-atiens
(b) Any new-MSWLF unit or lateF ' expansion, whiek s l that proposes to discharge leachate
to surface waters at the landfill f eility and must -shall obtain a National Pollution Discharge
Elimination System (NPDES) Permit from the Division of Water Resources Eiwiremmental
pursuant to Section 402 of the United States Clean Water Act, and shall not
be located within watersheds classified as WS-II or WS-III, or in watersheds of other water
bodies which indicate that no new dischareine landfills are allowed. in accordance with the
-,.les eadi ed . 15A NCAC 02B .0200.2B.02"Glass fi,eations and Wale. n,,.,r y
(10) Endangered and Threatened Species. A new-MSWLF unit ^r'^*w^' e"ansion 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.
History Note: Authority G.S. 130A-294;
Eff October 9, 199-3 1993;
Readopted Elf. July 1, 2020.

C-138
15A NCAC 13B .1623 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1623 GEOLOGIC AND HYDROGEOLOGIC INVESTIGATIONS FOR MSWLF
FACILITIES
(a) Site Hydrogeologic Report. In accordance with Rule .1618(c)(3) of this Section, a permit applicant shall conduct
a hydrogeologic investigation and prepare a report. An investigation shall assess the geologic and
hydrogeologic characteristics of the proposed site to detefraiaedetermine the suitability of the site for solid waste
management activities; which areas of the site are most suitable for MSWLF units; and the general grexnd-
watergroundwater flow paths and rates for the uppermost aquifer. The report shall provide an understanding of the
relationship of the site gret groundwater flow regime to local and regional hydrogeologic features features,
with special emphasis on the relationship of MSWLF units to groundwater receptors (especially drinking
water wells) and to ground oundwater discharge features. Additionally, the scope of the investigation shall
include the general geologic information necessary to address compliance with the pertinent location restrictions
described in Rule .1622 of this Section. The Site Hydrogeologic Report shall provide, at a raini ron vide the
following information:
(1) A report on local and regional geology and hydrogeology based on research of available literature
for the area. This information is to be used in planning the field investigation. For sites located in
piedmont or mountain regions, this report shall include a fracture trace analysis and Rose Diagram,
based at a ...,:n:mur on an evaluation of structurally controlled features identified on a topographic
map of the area.
(2) A report on field observations of the site that includes information on the following:
(A) t_pogranhic setting, springs, streams, drainage features, existing or
abandoned wells, rock auter-ops, outcro Ls_0ae1adirttjgL1udin&trends in strike and dip dam}
and other features that may affect site suitability or the ability to effectively monitor the
site; and
(B) rro groundwater discharge features. For a proposed landfill unit where the
owner or operator does not control the property from any landfill unit boundary to the
controlling, downgradient, groundwater discharge features, additional borings,
geophysical surveys, or other hydro,geological investigations shall be required to
characterize the nature and extent of groundwater flow; and A more e.ae *
hydrageelegie irwestigation may be required far a prepesed site where the O'A%er or-
operator- does not eepAfel the property 4rera aff !a-ndfill twit boundary to the eapAfelling,
dowagradiente round water- —
(C) the hydrogeolo.ig cal properties of the bedrock, if the water table of the uppermost aquifer
on any_portion of the site is in the bedrock. For the purpose of this Rule, bedrock means
material below auger refusal.

C-139
(3) Borings for which the numbers, locations, and depths are suffleient provide an adequate
understanding of the subsurface conditions and ^r^���groundwater flow regime of the
uppermost aquifer at the site. The number and depths of borings required will depend on the
hydrogeologic characteristics of the site. At a minimum, ., f. There shall be no less than an average
of one boring for each ten 10 acres of the proposed landfill facilLty.faeility, .gloss otherwise
auther-ized by the Division. All borings intersecting the water table shall be converted to
piezometers or monitoring wells. wells in accordance with 15A NCAC 02C .0108. Boring logs,
field logs and notes, and well construction records for all onsite borings, wells, and piezometers
shall be placed in the operating record, and shall also be provided to the Division upon request.
Field logs and notes shall be legible; and may be !ypewritten.
(4) A testing program for the borings that whieh describes the frequency, distribution, and type of
samples taken and the methods of analysis, such as ASTM Standards at htips://www.astin.org,
(ASTM Standafds or- test metheds appr-eVed by the Div used to obtain, at a fninimum, used to
obtain the following information:
(A) Standard standard penetration - ,.os: c-, resistance using a method such as ASTM D
1586E
(B) Paftiel � Uarticle size a- analysis using a method such as ASTM D 6913;
(C) Seil-soil classification: Unified Soil Classification SystemF System using a method such as
such as ASTM D 2487;
(D) information descriptions; and
(E) Satufated saturated hydraulic conductivity, porosity, and -effective porosity porosity, , and
dispersive characteristics for each lithologic unit of the uppermost aquifer. —aquifer
including the vadose zone.
(5) In addition to borings, other investigation techniques may be used to investigate obtain an
understanding of the subsurface conditions at the site, including but not limited tw including
geophysical well logs, surface geophysical surveys, and tracer studies.
(6) Stratigraphic cross -sections identifying hydrogeologic and lithologic units, and stabilized water
table elevations.
(7) Water table information, including:
(A) Te'��tabulations of water table elevations measured at the time of boring, 24 hours,
and stabilized readings for all' efin s (measuFea borings, measured within a period of time
short enough to avoid temporal variations in gr-o d - rou dwater flow which could
preclude accurate determination of ^r-o��groundwater flow direction and r�r-ate)-,
(B) Tabulations --tabulations of stabilized water table elevations over time Ito develop
an understanding of seasonal fluctuations in the water table;

C-140
(C) An -an estimation of the long-term seasonal high water table based on stabilized water table
readings, hydrographs of wells in the area, precipitation and other meteorological and
climatological data, and any other information available; and
(D) A -a discussion of any natural or man-made activities that have the potential for causing
water table fluctuations, including tidal variations, river stage changes, flood pool changes
of reservoirs, high volume production wells, and injection wells, e wells.
(8) The horizontal and vertical dimensions of gretmd flow, including flow
directions, rates, and gradients.
(9) Grotind waterGroundwater contour map(s) to show the occurrence and direction of gretl-
watergroundwater flow in the uppermost aquifer, and any other aquifers identified in the
hydrogeologic investigation. The groundwater contours shall be superimposed on a
topographic map. The location of all borings and rock cores, and the water table elevations or
potentiometric data at each location used to generate the groundwater contours shall
be shown on the ground watefgroundwater contour map(s).
(10) A topographic map of the site locating soil borings with accurate horizontal and vertical control
which are tied to a permanent onsite bench mark.
(11) Bering logs, field logs and notes, well eenstruetion records, a -ad piezemeteF 60fistmetion F-eee -
(11) Information for public potable wells and public water supply surface water intakes, within the local
study area in accordance with Rule .1618(c)(2) of this Section, including;
(A) available information and records for well construction, number and location served by
wells, and production rates for public potable water wells; and
(B) available information for all surface water intakes, including location, use, and production
rate.
(12) Identification of other geologic and hydrologic considerations, including but not limited slopes,
streams, springs, gullies, trenches, solution features, karst terranes, sinkholes, dikes, sills, faults,
mines, ^•��r,groundwater discharge features, and ^••groundwater
recharge/discharge areas.
(13) A report summarizing the geological and hydrogeological evaluation of the site that includes the
following:
(A) Aa description of the relationship between the uppermost aquifer of the site to local and
regional geologic and hydrogeologic features, features;
(B) Aa discussion of the ^ret�groundwater flow regime of the site €eeassiagfocusing
on the relationship of MSWLF units to gretmd watergroundwater receptors and to gretmd
watergroundwater discharge features, features;
(C) Aa discussion of the overall suitability of the proposed site for solid waste management
activities and which areas of the site are most suitable for MSWLF units.units; and

C-141
(D) Aa discussion of the ground water groundwater flow regime of the uppermost aquifer at
the site and the ability to o��etively-monitor the MSWLF units in-efde-to ensure early
detection of any release of lazardetts constituents of concern to the uppermost aquifer.
(b) Design Hydrogeologic Report. A geological and hydro,geolo icg al report shall be included in the engineering plan
that is required to be submitted in the application for the Permit to Construct in accordance with Rule .1617(a)(1) of
this Section.
(1)
The number and depths of borings required to characterize the geologic and
hydrogeologic conditions of the landfill facility shall be based on the geologic and hydrogeologic
characteristics of the landfill facilijyjaeility. At-a�inim=., and there shall be no less than an
average of one boring for each acre of the area of investigation, unless otherwise authorized by the
Division. Division, .her - The area of investigation shall be defined by the Division's review of
the Site SgLdy.-Study and by The scope and purpose of the investigation shall be as follows:
(A) The investigation shall provide adequate information to demonstrate compliance with the
vertical separation and foundation standards set forth in
D Rule .1624(b)(4) and (b)(7)-of this Section, and P"agr.Vh(e ` of Rule .1690
Rule .1680(e) of this Section.
(B) The investigation shall provide detailed and localized data
of the hydrogeologic characteristics of the uppermost aquifer for the proposed
phase of Ian4fi44-MSWLF development and any leachate suffaee impetmdment or- lea
disposal f edit-f. management unit(s) or facili, The purpose of this investigation is to
pr-evide more detailed and localized da4a on the hydrogeolegie regime for- this area in order -
to design an effective water quality monitoring system.
(2) The Design Hydrogeologic Report shall provide, at ^ mini ..ri , rop vide the following information:
(A) The -the information required in Subparagraphs (a)(4) through (a)(12) of this Rule- RAAe
(B) A41 all technical information necessary to determine the design of the monitoring system
as required by Rule .1631(c) of this Section; cow
(C) A41 all technical information necessary to determine the relevant point of compliance as
required by Rule .163 1 (a)(2)(B) of this Section.Se
(D) for sites located in the piedmont or mountain regions, rock cores of no less than the upper
10 feet of the bedrock Reek , s (for- sites l,.eatea i the p yaw eH4 , moufftainr-egiells)
for- •..hieh the r m er-s ',.eats ns and depths ae adequate to provide an understanding of
the fractured bedrock conditions and ^r^���groundwater flow characteristics of at
least the upper 10 feet of the bedrock. the area of investigation. Testing for the rock corings
shall rop vide ..,.,.vide at . minimum,the following information:
(i) Rock rock types;

C-142
(ii) Reeerecovery values;
(iii) Reek Quality Designation rock quality designation (RQD) values;
(iv) Sattam ed saturated hydraulic conductivity and secondary porosity values; and
(V) Reek rock descriptions, including fracturing and jointing patterns; patteffts--etE
(E) ^ ,...etin ,..ater a groundwater contour map based on the estimated long-term seasonal
high water table that is superimposed on a topographic map and includes the location of all
borings and rock cores and the water table elevations or potentiometric data at each location
used to generate the groundwater ems. contours;
(F) to for sites located in piedmont or mountain regions, a bedrock contour map (for sites
located in piedment or motmtainregions) illustrating the contours of the upper surface of
the bedrock that is superimposed on a topographic map and includes the location of all
borings and rock cores and the top of rock elevations used to generate the upper surface of
bedrock eo contours;
(G) a three-dimensional ,groundwater flow net or several
hydrogeologic cross -sections that characterize the vertical ground wateraroundwater flow
regime for this art area;
(H) A report on the groundwater flow regime for the area including gretmd
watergroundwater flow paths for both horizontal and vertical components of great
ate groundwater flow, horizontal and vertical gradients, flow rates, and gFeth
watefgroundwater recharge areas and discharge areas; afeas--ete—
(I) A certification by a Lieensed Geol gist licensed geologist that all borings ate
rNG n G X Rule n, , 3(a)(2), that intersect the water table at the site have been constructed
and maintained as permanent monitoring wells in accordance with 15A NCAC 02C .0108,
or that the borings and temporaa piezometers will be abandoned prior to landfill
construction in accordance with the procedures for permanent abandonment of wells as
delineated in 15A NCAC 02C .0113. At the time of abandonment, all piezometers within
the landfill unit footprint area shall be overdrilled to the full depth of the boring or to the
top of bedrock, whichever is encountered first, prior to cement or bentonite grout
placement. The level of the grout within the boring shall not exceed in height the elevation
of the proposed base grade.
(3) A Water Quality Monitoring Plan shall be submitted in the application for the Permit to Construct
in accordance with Rule .1617(a)(1) of this Section, and shall include be submitted that contains the
following information.
(A) ^ grotmd water monitoring plan eludi ,. information on the proposed greund-
watergroundwater monitoring system(s), sampling and analysis requirements, and

C-143
detection monitoring requirements that fulfills the requirements of Rules .1630 through
.1637 of this Section; cow
sites:The Division may r-e"ire the use of altemative raenitering systems in additien to gretffid-
In addition to ,groundwater monitoring wells,
the use of alternative monitoring systems may be:
(I) —required by the Division at sites where We the owner or operator does not
control the property from any landfill unit to the grEm groundwater
discharge feature(s); or
(11)—allowed by the Division at sites Bites with hydrogeologic conditions favorable to
detection monitoring by alternative methods.
The gretmd water raenitering plan shall provide a detailed disetissien of the geelegie
of proposed menitering wells. The number, spacing, and depths of groundwater monitoring
points shall be determined based upon site -specific technical information that shall include
an investigation of aquifer thickness, groundwater flow rate, and groundwater flow
direction, including seasonal and temporal fluctuations in groundwater flow; and
unsaturated and saturated geologic units, including fill materials, overlying and comprising
the uppermost aquifer, including thickness, stratigrmhy, lithology, hydraulic
conductivities, porosities, and effective porosities.
(B) A suffaee water raenitering plan in aeeerdaflee with Rule .0602 of Seetien .0600.
(B) information on the surface water monitoring including:
(i) sample locations for surface water features on or bordering the facilityproperty3
including no less than one upstream and one downstream sample location;
GO sampling and analytical methods for surface water samples;
(iii) surface water samples shall be analyzed for constituents that include those
constituents listed in .1633(a) of this Section;
(iv) the monitoring frequency shall be no less than semiannual during the active life
of the facility, and no less than semiannual during the closure and post -closure
periods;
(v) responsibility for sample collection and analysis shall be defined as a part of the
water quality monitoring plan; and
(vi) information used for the development of the surface water monitoring system
shall include drainage patterns and other hydrological conditions in the area;
proximity of surface water to the facility; uses that are being or may be made of
any surface water that may be affected by the facility; any other factors that relate
to the potential for surface water impacts from the facility.

C-144
Surface water standards established under 15A NCAC 02B .0200 shall not be exceeded. If
a surface water standard is not established under 15A NCAC 02B for any detected
constituent or parameter, the owner or operator shall obtain a determination from the
Division on establishing a surface water standard using EPA Nationally Recommended
Water Quality Criteria which can be viewed at hgps:Hdeg.nc.gov/about/divisions/water-
resources/planning/classification-standards/surface-water-standards.
(C) The final water quality monitoring plan shall be eerti oa by ^ r iee sod geologist to be
effective in providing early detection of any release of hazar-doias constituents of concern
Ofom- rom any point in a MSWLF unit or leachate surface impeandment) impoundment
to the uppermost aquifer-, aquifer or surface waters, se -a& -to be protective of public health
and the environment.
(D) The final water quality monitoring, plan shall be prepared under the responsible charge of
and bear the seal of a licensed professional engineer or licensed .geologist, if required by
G.S. 89C or 89E.
History Note: Authority G.S. 130A-294;
Eff. October 9, 49-9-3 1993;
Readopted a. 1, 2020.

C-145
15A NCAC 13B .1624 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1624 CONSTRUCTION REQUIREMENTS FOR MSWLF FACILITIES
(a) This Rule shall establish establishes -the performance standards and minimum criteria for designing and
constructing a MSWLF unit. . Additional standards for the cap
system are described in Rule .1627 of this Section.
(b) New-MSWLF units ^^water-* expansions shall comply with the following design and construction criteria:
(1) Base liner system description. The base liner system is constructed on the landfill subgrade and
shall be designed to efficiently contain, collect and remove leachate generated by the MSWLF unit.
At a minimum, the components of the liner system shall consist of the following.
(A) A Base Liner. The base liner shall consist of one of the following designs. The design
described in Subpart "b"' i) Hof this Part RtAe is the standard composite liner. If a
landfill owner or operator proposes to utilize one of the alternative composite liner designs
described in Subparts (b)( i) WLand (iii) of this Part Rule, the owner or operator
shall demonstrate through a model that the proposed design will ensure that maximum
contaminanteeneentfationrlevels (MCL) promulgated under the Section 1412 of the Safe
Drinking Water Act codified under 40 CFR 141 (MCLs) listed in Table ' will not be
exceeded in the uppermost aquifer at the relevant point of compliance as established in
Rule .1631(a)(2) of this Section. For these two designs, the Division may waive the site -
specific modeling requirement if it can be demonstrated that a previous site for which a
model was approved had similar hydrogeologic characteristics, climatic factors and
volume and physical and chemical leachate characteristics. If an alternative liner design
other than Subparts (b)(1)(A)(ii) Whand (iii) of this RtAe Part is proposed, the Division
shall require site -specific, two-phase modeling as described in Subpart iv 04(l'P) of
this Part.R�ale.
(i) A composite liner utilizing a compacted clay liner (CCL). The composite liner is
one liner that consists of two components; a geomembrane liner installed above
and in direct and uniform contact with a compacted clay liner with a minimum
thickness of 24 inches (0.61 m) and a permeability of no more than 1.0 X 10-7
cm/sec. The composite liner shall be designed and constructed in accordance with
Subparagraphs (bWfaand (10) of this Paraerayh.l
(ii) A composite liner utilizing a geosynthetic clay liner (GCL). The composite liner
is one liner that consists of three components: a geomembrane liner installed
above and in uniform contact with a GCL overlying a compacted clay liner with
a minimum thickness of 18 inches (0.46 m) and a permeability of no more than
1.0 X 10-5 cm/sec. The composite liner shall be designed and constructed in
accordance with Subparagraphs (bW, (8),_(9), and (10) of this Para rg Wh.R-tle:

C-146
(iii) A composite liner utilizing two geomembrane liners. The composite liner consists
of three components; two geomembrane liners each with an overlying leachate
drainage system designed to reduce the maximum predicted head acting on the
lower membrane liner to less than one inch. The lower membrane liner shall
overlie a compacted clay liner with a minimum thickness of 12 inches (0.31m)
and a permeability of no more than 1.0 X 10-5 cm/sec. The composite liner
system shall be designed and constructed in accordance with Subparagraphs
O Viand (10) of this Paragraph.R*rle-
(iv) An alternative base liner. An alternative base liner system may be approved by
the Division if the owner or operator demonstrates through a two-phase modeling
approach that the alternative liner design meets the following criteria:
(I) the rate of leakage through the alternative liner system will be less than
or equal to the composite liner system defined in Subparts ")(1("i'
of this Rule; Subpart (i) of this Part, and
(II) the design will ensure that eeneefAfatien values listed in Table I
maximum contaminant levels (MCL), promulgated under the Section
1412 of the Safe Drinking Water Act codified under 40 CFR 141, will
not be exceeded in the uppermost aquifer at the relevant point of
compliance as established in Rule .1631(a)(2) of this Section.
(B) A leachate collection system (LCS). The LCS is constructed directly above the base liner
and shall be designed to effectively collect and remove leachate from the MSWLF unit.
The secondary function of the LCS is to establish a zone of protection between the base
liner and the waste. The LCS shall be designed and constructed in accordance with
Subparagraphs (b)W, (2), (11), (12) and (13) of this R*Ae-.Paragraph.
(2) Leachate collection system design and operation.
(A) The leachate collection system shall be hydraulically designed to remove leachate from the
landfill and ensure that the leachate head on the composite liner does not exceed one foot.
A means of quantitatively assessing the performance of the leachate collection system Must
shall be provided in the engineering plan. The performance analysis must shall evaluate
the flow capacities of the drainage network necessary to convey leachate to the storage
facility or off -site transport location. The engineering evaluation shall incorporate the
following criteria:
(i) At a minimum, the geometry of the landfill and the leachate collection system
shall be designed to control and contain the volume of leachate generated by the
24-hour, 25-year storm.
(ii) The performance analysis shall evaluate the leachate collection system for the
flow capacities during conditions when the maximum impingement rate occurs

C-147
on the LCS. The LCS flow capacity shall be designed to reduce the head on the
liner system generated by the 24-hour, 25-year storm to less than one foot within
72 hours after the storm event.
(B) The leachate collection system shall be designed to provide a zone of protection at least 24
inches separating the composite liner from landfilling activities, or shall be subject to
approval from the division upon a demonstration of equivalent protection for the liner
system.
(C) The leachate collection system shall be designed to resist clogging and promote leachate
collection and removal from the landfill.
(D) The leachate collection system shall be operated to remove leachate from the landfill in
such a way as to ensure that the leachate head on the composite liner does not exceed one
foot under normal operating conditions.
(3) Horizontal separation requirements.
(A) Property line buffer. New-MSWLF units shall have a buffer of no less than 300 feet at -a
new f edit. shall establish .. ,v, 300 feet b4f between the MSWLF unit and all
property lines.
(B) Private residences and wells. A14-MSWLF units shall have a buffer of no less than 500 feet
at a new f edit , shall establish . fninimum 500 feet h„fF between the MSWLF unit and
private residences and wells. wells existing at the time that the Division issues a
notification of site suitability in accordance with Rule .1618(a)(1) of this Section.
(C) Surface waters. AIl­MSWLF units at new c eili es shall establish , fninimum 50 feet shall
have a buffer of no less than 50 feet between the MSWLF unit and any stream, river, of
lake, pond, or other waters of the state as defined in G.S. 143.212 unless the owner or
operator can demenstfatei demonstrate
(i) To to the Division that the alternative management of the water and any discharge
will adequately protect the public health and environment; and
(at that the construction activities will conform to the requirements of Sections
404 and 401 of the Clean Water Act.
(D) Ong Other landfill units. An adequate buffer distance A buffer shall be established
between a proposed MSWLF unit and any existing landfill units to establish a ground
watetgIgundwater monitoring system to allow monitoring of each unit separately -as set
forth in Rule .1631 of this Section.
(E) Additional requirements for landfills permitted after August 1, 2007. MSWLF units
permitted after August 1, 2007 shall also comply with the additional horizontal separation
requirements of G.S. 130A-295.6(b) and (d) in accordance with S.L. 2007-550.

�3
(4) Vertical separation requirements. A MSWLF unit shall be constructed so that the post settlement
bottom elevation of the base liner system is ono less than four feet above the seasonal
high gfetml-water table and the bedrock datum plane contours established in the Design
Hydrogeological Report prepared in accordance with Rule .1623(b) of this Section. For MSWLF
units at a landfill facility permitted by the Division after August 1, 2007, the vertical separation
requirements of G.S. 130A-295.6(f) gpply in accordance with S.L. 2007-550.
(5) Survey control. One permanent benchmark of known elevation measured from a U.S. Geological
Survey benchmark shall be established and maintained for each 50 acres of developed landfill, or
part thereof, at the landfill facility. This benchmark shall be the reference point for establishing
vertical elevation control. Any survey performed pursuant to this Subparagraph shall be performed
by a licensed professional land surveyor if required by G.S. 89C.
(6) Location coordinates. The North Carolina State Plane (NCSP) coordinates shall be established and
one of its points shall be the benchmark of known NCSP coordinates.
(7) Landfill subgrade. The landfill subgrade is the in -situ soil layer(s), constructed embankments, and
select fill providing the foundation for construction of the unit. A foundation analysis shall be
performed to determine the structural integrity of the subgrade to support the loads and stresses
imposed by the weight of the landfill and to support overlying facility components and maintain
their integrity of the components. Minimum post -settlement slope for the subgrade shall be two
percent. Safety factors shall be specified for facilities located in a Seismic Impact Zones.
(A) Materials required. The landfill subgrade shall be adequately free of organic material and
consist of in -situ soils or a select fill approved by the Division in accordance with the
performance standards contained in this Subparagraph. c„i....,,-.,,.fap (bXq ..f., s n,,,o
(B) Construction requirements.
(i) The landfill subgrade shall be graded in accordance with the approved plans and
specifications that are incorporated into the permit to construct in accordance with
Rule .1604(b) of this Section.
(ii) The owner or operator of the MSWLF units shall may be required by the permit
to -notify the Division via e-mail no less than 24 hours before conducting the
subgrade inspection required by Part (C) of this Subparagraph. D4yimsion!s
(C) Certification requirements. At a minimum, the subgrade surface shall be inspected in
accordance with the following requirements:
(i) Before beginning construction of the base liner system, the project engineer shall
visually inspect the exposed surface to evaluate the suitability of the subgrade and
document that the surface is properly prepared and that the elevations are

C-149
consistent with the approved engineering plans incorporated into the permit to
construct in accordance with Rule .1604(b) of this Section;
(ii) The subgrade shall be proof -rolled using procedures and equipment specified by
the design or project engineer; and
(iii) The subgrade shall be tested for density and moisture content at a minimum
frequency as specified in the plans incorporated into the permit to construct in
accordance with Rule .1604(b) of this Section.
(8) Compacted clay liners. Compacted clay liners are low permeability barriers designed to control
fluid migration in a cap liner system or base liner system.
(A) Materials required. The soil materials used in constructing a compacted clay liner may
consist of on -site or off -site sources, or a combination of sources; sources may possess
adequate native properties or may require bentonite conditioning to meet the permeability
requirement. The soil material shall be free of particles greater than three inches in any
dimension.
(B) Construction requirements. Construction methods for the compacted clay liner shall be
based upon the type and quality of the borrow source and shall be verified in the field by
constructing test pad(s). The project engineer shall ensure that the compacted clay liner
installation conforms with the Division approved plans including the following minimum
requirements:
(i) A test pad shall be constructed prior to beginning installation of the compacted
clay liner and whenever there is a significant change in soil material properties.
The area and equipment, liner thickness, and subgrade slope and conditions shall
be representative of full full-scale construction. Acceptance and rejection
criteria shall be verified for the tests specified in accordance with Part (C) of this
Subparagraph. For each lift, a minimum of three test locations shall be established
for testing moisture content, density, and a composite sample for recompacted lab
permeability. At least one shelby tube sample for lab permeability testing, or
another in -situ test that is approved by the Division as equivalent for permeability
determination shall be obtained per lift.
(ii) Soil conditioning, placement, and compaction shall be maintained within the
range identified in the moisture -density -permeability relation developed in
accordance with Part (C) of this Subparagraph. c4,.,., .graph (G) of this
(iii) The final compacted thickness of each lift shall be a maximum of six inches.
(iv) Prior to placement of successive lifts, the surface of the lift in place shall be
scarified or otherwise conditioned to eliminate lift interfaces.
(v) The final lift shall be protected from environmental degradation.

C-150
(C) Certification requirements. The project engineer shall include in the construction quality
assurance report a discussion of all quality assurance and quality control testing required
in this Subparagraph. The testing procedures and protocols shall be submitted in
accordance with Rule .1621 of this Section and approved by the Division. The results of
all testing shall be included in the construction quality assurance report including
documentation of any failed test results, descriptions of the procedures used to correct the
improperly installed material, and statements of all retesting performed in accordance with
the Division approved plans including the following requirements:
(i) At a minimum, the quality control testing for accepting materials prior to and
during construction of a compacted clay liner shall include: particle size
distribution analysis, Atterberg limits, triaxial cell laboratory permeability,
moisture content, percent bentonite admixed with soil, and the moisture -density -
permeability relation. The project engineer shall certify that the materials used in
construction were tested according to the Division approved plans.
(ii) At a minimum, the quality assurance testing for evaluating each lift of the
compacted clay liner shall include: moisture content and density, and
permeability testing. For each location the moisture content and density shall be
compared to the appropriate moisture -density -permeability relation. The project
engineer shall certify that the liner was constructed using the methods and
acceptance criteria consistent with test pad construction and tested in accordance
with the plans incorporated into the permit to construct in accordance with Rule
1604(b) of this Section.
(iii) Any tests resulting in the penetration of the compacted clay liner shall be repaired
using bentonite or as approved by the Division.
(9) Geosynthetic Clay liners. Geosynthetic clay liners are geosynthetic hydraulic barriers manufactured
in sheets and installed by field seaming techniques.
(A) Materials required. Geosynthetic clay liners shall consist of natural sodium bentonite clay
or equivalent, encapsulated between two geotextiles or adhered to a geomembrane. The
liner material and any seaming materials shall have chemical and physical resistance not
adversely affected by environmental exposure, waste placement, leachate generation and
subgrade moisture composition. Accessory bentonite, used for seaming, repairs and
penetration seaming shall be made from the same sodium bentonite as used in the
geosynthetic clay liner or as recommended by the manufacturer. The type of geosynthetic
clay liner shall be approved by the Division according to the criteria set forth in this Part.
(i) Reinforced geosynthetic clay liners shall be used on all slopes greater than
1 OH:IV.

C-151
(ii) The geosynthetic clay liner material shall have a demonstrated hydraulic
conductivity of not more than 5 X 10-9 cm/sec under the anticipated confining
pressure.
(B) Design and Construction requirements. The design engineer shall ensure that the design
of the geosynthetic clay liner installation conforms to the requirements of the
manufacturer's recommendations and the Division approved plans. The Division approved
plans shall provide for and include the following provisions:
(i) The surface of the supporting soil upon which the geosynthetic clay liner will be
installed shall be reasonably free of stones, organic matter, protrusions, loose soil,
and any abrupt changes in grade that could damage the geosynthetic clay liner;
(ii) Materials placed on top of the GCL shall be placed in accordance with the plans
incorporated into the permit to construct in accordance with Rule .1604(b) of this
Section. Equipment used to install additional geosynthetics shall be specified by
the design engineer and as recommended by the manufacturer. A minimum of 12
inches of separation between the application equipment and the geosynthetic clay
liner shall be provided when applying soil materials;
(iii) Materials that become prematurely hydrated shall be removed, repaired, or
replaced, as specified by the project engineer and in accordance with the plans
incorporated into the permit to construct prepared in accordance with Rule
.1604(b) of this Section;
(iv) Field seaming preparation and methods, general orientation criteria, and
restrictive weather conditions;
(v) Anchor trench design;
(vi) Critical tensile forces and slope stability, including seismic design;
(vii) Protection from environmental damage; and
(viii) Physical protection from the materials installed directly above the geosynthetic
clay liner.
(C) Certification requirements.
(i) Before beginning installation of the geosynthetic clay liner, the project engineer
shall visually inspect the exposed surface to evaluate the suitability of the
subgrade and document that the surface is properly prepared and that the
elevations are consistent with the approved engineering plans incorporated into
the permit to construct in accordance with Rule .1604 04 (b) of this Section.
(ii) The project engineer shall ensure that the geosynthetic clay installation conforms
to the requirements of the manufacturer's recommendations and the plans
incorporated into the permit to construct in accordance with Rule .1604 (b)
.1604(b) of this Section.

C-152
(iii) The project engineer shall include in the construction quality assurance report a
discussion of quality assurance and quality control testing to document that
material is placed in accordance with plans incorporated into the permit to
construct in accordance with Rule .1604(b) of this Section.
(iv) The project engineer shall include in the construction quality assurance report a
discussion of the approved data resulting from the quality assurance and quality
control testing required in this Subparagraph.
(v) The testing procedures and protocols for field installation shall be submitted in
accordance with Rule .1621 of this Section and approved by the Division.
(vi) The results of all testing shall be included in the construction quality assurance
report, including documentation of any failed test results, descriptions of the
procedures used to correct the improperly installed material, and performance
documentation of all retesting, in accordance with the plans ineefpeAed
incorporated into the permit to eeastufet construct in accordance with Rule
.1604 b of this Section, including the f 'ems
0) QuaIitf-quality_oontrol testing of the raw materials and manufactured
product;
(111) Field field and independent laboratory destructive testing of geosynthetic
clay liner samples; and
documentation prepared by the project engineer in
accordance with Subpart (b)(9('`(i7(i) of this Part. , ct �.
(10) Geomembrane liners. Geomembrane liners are geosynthetic hydraulic barriers manufactured in
sheets and installed by field seaming techniques.
(A) Materials required. The liner material and any seaming materials shall have chemical and
physical resistance not adversely affected by environmental exposure, waste placement and
leachate generation. The type of geomembrane shall be approved by the Division
according to the criteria set forth in this Part.
(i) High density polyethylene geomembrane liners shall have a minimum thickness
of 60 mils.
(ii) The minimum thickness of any geomembrane approved by the Division shall be
greater than 30 mils.
(B) Construction requirements. The project engineer shall ensure that the geomembrane
installation conforms to the requirements of the manufacturer's recommendations and the
Division approved plans including the following:
(i) The surface of the supporting soil upon which the geomembrane will be installed
shall be reasonably free of stones, organic matter, protrusions, loose soil, and any
abrupt changes in grade that could damage the geomembrane;

C-153
(ii) Field seaming preparation and methods, general orientation criteria, and
restrictive weather conditions;
(iii) Anchor trench design;
(iv) Critical tensile forces and slope stability;
(v) Protection from environmental damage; and
(vi) Physical protection from the materials installed directly above the geomembrane.
(C) Certification requirements. The project engineer shall include in the construction quality
assurance report a discussion of the approved data resulting from the quality assurance and
quality control testing required in this Subparagraph. The testing procedures and protocols
for field installation shall be submitted in accordance with Rule .1621 of this Section and
approved by the Division. The results of all testing shall be included in the construction
quality assurance report including documentation of any failed test results, descriptions of
the procedures used to correct the improperly installed material, and statements of all
retesting performed in accordance with the plans incorporated into the permit to construct
in accordance with Rule .1604(b) of this Section, including the following:
(i) Quality-qualily control testing of the raw materials and manufactured product;
(ii) At -at a minimum, test seams shall be made upon each start of work for each
seaming crew, upon every four hours of continuous seaming, every time seaming
equipment is changed or if significant changes in geomembrane temperature and
weather conditions are observed;
(iii) Thleaao.,..-ae five nondestructive testing of all seams;-a*d
(iv) Field field and independent laboratory destructive testing of seam s"Ies.
samples; and
(v) evaluation of the entire liner for leaks as required by G.S,130A-295.6(h)(1) using
technology such as electronic leak detection.
(11) Leachate collection pipes. A leachate collection pipe network shall be a component of the leachate
collection system and shall be hydraulically designed to convey leachate from the MSWLF unit to
an appropriately sized leachate storage or treatment facility or a point of off -site transport. Leachate
collection piping shall comply with the following:
(A) Materials required.
(i) The leachate collection piping shall have a minimum nominal diameter of six
inches.
(ii) The chemical properties of the pipe and any materials used in installation shall
not be adversely affected by waste placement or leachate generated by the landfill.
(iii) The physical properties of the pipe shall provide adequate structural strength to
support the maximum static and dynamic loads and stresses imposed by the

C-154
overlying materials and any equipment used in construction and operation of the
landfill. Specifications for the pipe shall be submitted in the engineering report.
(B) Construction requirements.
(i) Leachate collection piping shall be installed according to the plans incorporated
into the permit to construct in accordance with Rule .1604(b) of this Section.
(ii) The location and grade of the piping network shall provide access for periodic
elea cleaning and inspection in accordance with G.S. 130A-295.6(h)(3.
(iii) The bedding material for the leachate collection pipe shall consist of a coarse
aggregate installed in direct contact with the pipe. The aggregate shall be
chemically compatible with the leachate generated and shall be placed to provide
adequate support to the pipe. The bedding material for main collector lines shall
be extended to and in direct contact with the waste layer or a graded soil or
granular filter.
(C) Certification requirements. The project engineer shall include in the construction quality
assurance report a discussion of the quality assurance and quality control testing to ensure
that the material is placed according to the approved plans. The testing procedures and
protocols for field installation shall be submitted in accordance with Rule .1621 of this
Section and approved by the Division. The results of all testing shall be included in the
construction quality assurance report including documentation of any failed test results,
descriptions of the procedures used to correct the improperly installed material, and
statements of all retesting performed in accordance with plans incorporated into the permit
to construct in accordance with Rule .1604(b) of this Section, including the following:
(i) All leachate piping installed from the MSWLF unit to the leachate storage or
treatment facility shall be wa4 waterti htg or provide dual containment in
accordance with G.S. 130-295.6(h)(4) at landfill facilities permitted by the
Division after August 1, 2007.
(ii) The seal where the piping system penetrates the geomembrane shall be inspected
and non-destructively tested for leakage.
(12) Drainage layers. Any soil, granular, or geosynthetic drainage nets used in the leachate collection
system shall conform to the following requirements:
(A) Materials required.
(i) The chemical properties of the drainage layer materials shall not be adversely
affected by waste placement or leachate generated by the landfill.
(ii) The physical and hydraulic properties of the drainage layer materials shall
promote lateral drainage of leachate through a zone of relatively high permeability
or transmissivity under the predicted loads imposed by overlying materials.
(B) Construction requirements.

C-155
(i) The drainage layer materials shall be placed in accordance with the approved
plans prepared in accordance with Rule .1604(b) of this Section and in a manner
that prevents equipment from working directly on the geomembrane.
(ii) The drainage layer materials shall be stable on the slopes specified on the
engineering drawings.
(C) Certification requirements. The project engineer shall include in the construction quality
assurance report a discussion of the quality assurance and quality control testing to ensure
that the drainage layer material is placed according to the approved plans. The testing
procedures and protocols for field installation shall be submitted in accordance with of
Rule .1621 of this Section and approved by the Division. The results of all testing shall be
included in the construction quality assurance report including documentation of any failed
test results, descriptions of the procedures used to correct the improperly installed material,
and statements of all retesting performed in accordance with the approved plans prepared
in accordance with Rule .1604(b) of this Section.
(13) Filter layer criteria. All filter collection layers used in the leachate collection system shall be
designed to prevent the migration of fine soil particles into a courser grained material, and permit
water or gases to freely enter a drainage medium (pipe or drainage layer) without clogging.
(A) Materials required.
(i) Graded cohesionless soil filters. The granular soil material used as a filter shall
have no more than five percent by weight passing the No. 200 sieve and no soil
particles larger than three inches in any dimension.
(ii) Geosynthetic filters. Geosynthetic filter materials shall demonstrate adequate
permeability and soil particle retention, and chemical and physical resistance
which is not adversely affected by waste placement, any overlying material or
leachate generated by the landfill.
(B) Construction requirements. All filter layers shall be installed in accordance with the
engineering plan and specifications incorporated into the permit to construct prepared in
accordance with Rule .1604(b) of this Section. Geosynthetic filter materials shall not be
wrapped directly around leachate collection piping.
(C) Certification requirements. The project engineer shall include in the construction quality
assurance report a discussion of the quality assurance and quality control testing to ensure
that the filter layer material is placed according to the approved plans. The testing
procedures and protocols for field installation shall be submitted in accordance with Rule
.1621 of this Section and approved by the Division. The results of all testing shall be
included in the construction quality assurance report including documentation of any failed
test results, descriptions of the procedures used to correct the improperly installed material,

C-156
and statements of all retesting performed in accordance with the approved plans prepared
in accordance with Rule .1604(b) of this Section.
(14) Special engineering structures. Engineering structures incorporated in the design and necessary to
comply with the requirements of this Section shall be specified in the engineering plan. Material,
construction, and certification requirements necessary to ensure that the structure is constructed
according to the design and acceptable engineering practices shall be included in the Division
approved plan.
(15) Sedimentation and erosion control. Adequate stpaetHfes Structures and measures shall be designed
and maintained to manage the rainwater that drains over land from or onto M part of the facility
or unit run 99 generated by the 24-hour, 25-year storm event, and conform to the requirements of
the Sedimentation Polintion Control Law (15A NCAC 04C .4)-
(16) Construction quality assurance (CQA) report.
(A) A CQA report shall be submitted:
(i) After- after completing landfill construction ift-efder—to qualify the constructed
MSWLF unit for a permit to operate;
(ii) A teFafter completing construction of the cap system in accordance with the
requirements of Rule 6' , .1629 of this Section; and
(iii) AeeeFding according to the reporting schedule developed in accordance with Rule
.1621 of this Section.
(B) The CQA report shall ineltide, at —afninininni, include the information prepared in
accordance with the requirements of Rule .1621 of this Section containing results of all
construction quality assurance and construction quality control testing required in this Rule
including documentation of any failed test results, descriptions of procedures used to
correct the improperly installed material and results of all retesting performed. The CQA
report shall contain as -built drawings noting any deviation from the approved engineering
plans 1p ans, and shall also contain a comprehensive narrative including but not limited e
daily reports from the project engineer en-int� eer, and a series of color photographs of major
project features. features, and documentation of proceedings of all progress and
troubleshooting meetings.
(C) The CQA report shall bear the seal of the project engineer and a certification that
construction was completed in accordance with:
(i) T4+e the CQA plan;
(ii) T4+e the conditions of the permit to construct; and
(iii) The the requirements of this Rule.p
(iV) Acceptable engineering .dices
(D) The Division shall review the CQA report within 30 days of a complete submittal to ensure
that the report meets the requirements of this Subparagraph.

C-157
(17) Maximum capacity, disposal area, and height for landfills permitted after August 2007. MSWLF
units shall meet the requirements of G.S. 130A-295.6(i) regarding maximum allowed capacity,
disposal area and height in accordance with the effective date and applicability of S.L. 2007-550.
Arsenic 0-.0-5
4,0
Benzene 0.005
Gadmitt 0."
Car -bon Tetfaehlofide 0.005
1,2 r,iehl, Foeth fte 0.005
1,1 r,;,.r.i,.foethylere 0.007
Endfi 0.0002
F-IUOF-iEle 4
Lindane 0.004
Lead 4.05
Mer-etw) 0.002
r,retho*-ye to - 4. —
Nitrate 40:-0
selefli 0."
silve 4.05
T-oxaphene 0.005
i i i T -;, hlo - methafie 0z2
T-;,hlo- ethykro 0.005
Vinyl Ghlor-i 9.002

C-158
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Temporary Amendment Eff. July 8, 1998;
Amendment Eff. April 1, 4999-1999;
Readopted Eff. July 1, 2020.

C-159
15A NCAC 13B .1625 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1625 OPERATION PLAN FOR MSWLF FACILITIES
(a) The owner or operator of a MSWLF unit shall maintain and operate the facility min accordance with
the operation plan prepared in accordance with this Rule.
(b) Operation Plan. The owner or operator of a MSWLF unit shall prepare an operation plan for each -phase- proposed
area of landfill development. development consistent with the engineering plan submitted in accordance with Rule
.1620 of this Section. The operation plan shall be submitted in accordance with Rule .1617 of this Section and eke
plateshall include the following: drawings and ^ ^ aA ^l^^,a y defining the in f f.Y atior proposed for the Division
approved plan
(1) Operation drawings. Drawings shall be prepared for each proposed area phase of landfill
development. The drawings shall be consistent with the engineering plan and prepared in ^ form
which is useable for the landfill The operation drawingsshallillustrate the following:
(A) Existing existing conditions, including the known limits of existing disposal areas;
(B) Pr-egr-essien progression of construction cells for incremental or modular construction;
(C) Pr-egr-essiee progression of operation, including initial waste placement, daily operations,
transition contours, and final contours;
(D) Leaehate leachate and stormwater controls for active and inactive subcells;
(E) Special special waste areas within the MSWLF unit;
(F) Bu€€ebuffer zones, noting restricted use; and
(G) Stockpile stockpile and borrow operations.

C-160
(H) other solid waste activities, such as tire disposal or storage, yard waste storage, white goods
storage, and recycling pads.
(2) Operation report. The report shall provide a narrative discussion of the operation drawings and
contain a description of the facility operation that conforms to the requirements of Rule .1626 of
this Section.
a
�rrs�- ova • -aromas- _
History Note: Authority G.S. 130A-294;
Eff. October 9, 49-9-3 1993;
Readopted E•('. July 1, 2020.

C-161
15A NCAC 13B .1626 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1626 OPERATIONAL REQUIREMENTS FOR MSWLF FACILITIES
The owner or operator of any MSWLF unit must shall maintain and operate the facility in accordance with the
requirements set forth in this Rule and the operation plan as described in Rule .1625 of this Section.
(1) Waste Acceptance and Disposal Requirements.
(a) A MSWLF shall e4y-accept only those solid wastes whieh that it is permitted to receive.
The landfill owner or operator shall notify the Division within 24 hours of attempted
disposal of any waste the landfill MSWLF is not permitted to receive, including waste from
outside the area the MSWLF landfill is permitted to serve.
(b) The following wastes are prohibited from disposal at a MSWLF unit:
(i) fees hazardous waste as defined within 15A �T�1-3f1, in G.S. 130A-
290(a (8)^including hazardous waste from eenditionally exew vejY small
quantity geeeraters-Penerators as defined by 40 CFR 260.10, incorporated by
reference at 15A NCAC 13A .0102(b);
(ii) Pab,ehler- nated biphenyls polychlorinated biphenyl (PCB) wastes as defined in
40 CFR 7464-.7
(iii) grid liquid wastes unless they are managed in accordance with Item (9) of this
Rule.-
(c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other animal waste
delivered to the disposal site shall be covered upon receipt.
(d) Asbestos waste shall be managed in accordance with 40 CFR 61 M .6' whieh is he feby
40 CFR 61 afe available for inspeetion a4 the Depaftmeat of Environment, Health, an
Natural Reseurees, Division of Solid Waste, 401 Ober4in Read, Raleigh,
designated, with signage, so that asbestos is not exposed by ftAure land disturbin
act
ivities. �

C-162
(2)
(e) Wastewater treatment sludges may only be accepted for disposal in accordance with the
following conditions:
(i) Utilize if it is used as a soil conditioner and incorporated into or applied onto the
vegetative growth layer but, in at no more than six inches in depth;
or
(ii) Go di if it is beingco-disposed o-disposed if the facility meets all design requirements
contained within Rule .1624 of this Section,1624, and approved within the
permit, or has been previously approved as a permit condition.
(f) Owners or operators of all MSWLF units ffmst shall implement a program at the facility
for detecting and preventing the disposal of hazardous and liquid wastes. T4 is The program
mst shall include, in accordance with 40 CFR 258.20:
(i) Random random inspections of incoming loads or other comparable procedures;
(ii) s records of any inspections;
(iii) wining training of facility personnel to recognize hazardous and liquid wastes;
and
(iv) Development of a contingency plan to properly manage any identified hazardous
and liquid wastes. The plan ffmst shall address identification, removal, storage
and final disposition of the waste.
(g) Waste placement at exisfing MSWLF units shall be within the areal limits of the base liner
system and in compliance with the effective permit. .
base liner- system approved by the Division shall be within the afeal limits of the
aetucal wast@beanElafy established pFierto Oetaber o , 993 and in a mat+aef
with the off etiye r r, it
(ii) Waste plaeement at existing N4SNVLF tmits designed and construeted with a
liner system permitted by the Division prior to October 0 1993 and approved for
operation by the Division shall be within the areal limits of the Lase liner s ,ste-m-
,,.1 : manner consistent with the of - ctiye permit.
(h) Owners or operators of all MSWLF units shall develop and implement a waste screening
plan as required by G.S 130A-295.6(g) in accordance with the effective date and
applicability requirements of S.L. 2007-550.
Cover material requirements.
(a) Except as provided in Sub -Item (b) of this Item, the owners or operators of all MSWLF
units l-x{1st shall cover disposed solid waste with six inches of earthen material at the end
of each operating day, or at more frequent intervals if necessary, to control disease vectors,
fires, odors, blowing litter, and scavenging.

C-163
(b) Alternative materials of or an alternative thickness of cover (other than at least six inches
of earthen material) are allowed with prior approval of „kiy be ove )y the Division if
the owner or operator demonstrates that the alternative material and thickness control
disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to
human health and the environment, in accordance with 40 CFR Part 258.21. Alternative
materials that have been approved for use at any MSWLF by the Division may be used at
all MSWLFs in accordance with G.S. 130A-295.60h1Z
units.apply for- a gener-ie approval of an altemative eover- material, whieh would extend to
(c) Areas ,e that will not have additional wastes placed on them for 12 months or more,
but where final termination of disposal operations has not occurred, shall be covered with
a ono less than one foot of intermediate cover.
(3) Disease - eete. Vector control.
(a) Owners or operators of all MSWLF units mmust shall prevent or control on -site populations
of disease vectors using techniques appropriate for the protection of human health and the
environment.
` For purposes of this Item, "disease veetof&n "vectors" means any rodents, flies, mosquitoes,
or other animals, including insects, capable of transmitting disease to humans.
(4) Explosive gases control.
(a) Owners or operators of a-11 MSWLF units must shall ensure that:
(i) The the concentration of explosive ag ses med+ane ace generated by the facility
does not exceed 25 percent of the lower explosive limit min facility
structures (excluding gas control or recovery system components); and
(ii) T-he the concentration of explosive gases mew does not exceed the lower
explosive limit fef methane at the facility property boundary.
(b) Owners or operators of all MSWLF units must shall implement a routine methane landfill
gas monitoring program to ensure that the standards of Sub -item (4)(a)-Calof this Rule Item
are met. The type and frequency ,.vmonitoring must be determined based o the following
factors:
(i) The type of monitoring shall be determined based on soil conditions, £eil
ems;
(ii) The the hydrogeologic conditions surrounding the facilfty, €ae4it-,
(iii) he the hydraulic conditions surrounding the facili €aeikt3,; and
(iv) location of facility structures and property boundaries.
(ii) he minitnum frequency of monitoring shall be ^ arterly.The concentration of
methane in landfill gas shall be monitored at a frequency of no less than quarterly.

C-164
(iii) The Division may also require quarterly monitoring of landfill izas for other
explosive gases such as hydrogen sulfide if it is necessary to ensure compliance
with Sub -item (a) of this Item. If the Division requires monitoring of additional
explosive gases, the Division shall provide written notice to the facility of the
requirement.
(c) If fnethane explosive as levels exceeding the limits specified in Sub -item Laa,)(4)(a) of this
R-We Item are detected, the owner or operator mushshall:
(i) T^•�y upon discovery of detection, notify the Division and take all
necessary steps to ensure protection of human health, he lth and notify the
Division, as provided in 40 GFR Part 258 3 such as monitoring of offsite
structures for explosive gases;
(ii) Within within seven days of detection, place in the operating record the axe
explosive gas levels detected and a description of the steps taken to protect human
health; and
(iii) Withia within 60 days of detection, implement a remediation plan for the axe
explosive as releases, place a copy of the plan in the operating record, and notify
the Division that the plan has been implemented. The plan shall describe the
nature and extent of the problem and the proposed remedy.
(a) Based on the need for an extension demonstrated by the operator, the Division may
establish alternative schedules for demonstrating compliance with Sub -item c ii (4y,�c)(
and (iii) of this Item.
rf� _ • - - - -.��er_s!+�rets�s+:!�nstsr_ire!*rr�ree�sse�se�ssss�s�sfr�eeRt�Ey
a fnixtor-e of explesive gases in air that will pr-epagate a flame at 0
C and atmospheric
(5) Air Criteria.
(a) Owners or operators of a14 MSWLFs must shall ensure that the units do not violate any
applicable requirements developed under a State Implementation Plan (SIP) approved or
promulgated by the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act,
as amended.
(b) Open burning of solid waste, except for the inffeqoe approved burning of land clearing
debris generated on site or debris from emergency clean-up operations, as provided for in
40 CFR Part 258.24, is prohibited at all MSWLF units. Any such infrequent burning ,, us
be approved by the Division. Prior to any burning, a request shall be sent to the Division
for review. The Division shall approve the burning if the Division determines that the
burning is one of the two types of burning described in this Subparaeraoh. A notation of
the date of approval and the name of the Division personnel who approved the burning
shall be included in the operating record.

C-165
(c) MSWLF units shall maintain equipment on site Equi .m en ha b provi ^a to control
accidental fires and or arrangements shall be made with the local fire protection agency to
provide fire -fighting services. sei=vieesneeded.
(d) Fires and explosions that occur at a MSWLF require verbal notice to the Division within
24 hours and written notification shall be s.,,.mi ft^a within 15 days. Written notification
shall include the suspected cause of fire or explosion, the response taken to manage the
incident, and the action(s) to be taken to prevent the future occurrence of fire or explosion.
(6) Access and safety requirements.
(a) The MSWLF shall be secured to prevent unauthorized enter y means of such as gates,
chains, berms, fences, or natural barriers such as rivers. f nees and other s^,.ufit , fnea „�^^
(b) In accordance with G.S. 130A-309.25, an individual trained in landfill operations An
a#endant shall be on duty at the site t �' while it the MSWLF is open for public use
and at all times during active waste management operations at the MSWLF to ensure
compliance with operational requirements.
(c) The access road to the MSWLF site shall be of all-weather construction and maintained to
allow access by Department vehicles or vehicles hauling waste.^ ^^^a e�. The
access roads or paths to monitoring locations shall be maintained to allow access by
Department staff.
(d) Dust control measures shall be implemented.
(e) Signs providing information on diegdisposal procedures, the hours during which the
site is open for public use, the permit vitnabe number, and tl—a�information specified
in the permit conditions to be included on the sign shall be posted at the site entrance.
(f) Signs shall be posted stating the types of waste that shall not be accepted at the MSWLF
unit, such as hazardous waste, or liquid waste. waste ..a be r-eeei ed
(g) Traffic signs or markers shall be provided as necessary to promote . orderly traffic tt ,
to direct traffic to and from the discharge area and —to maintain efficient operating
conditions.
(h) The removal of solid waste from a MSWLF is prohibited unless the owner or operator
approves and the removal is not performed on the working face.-
(i) Barrels and drums shall not be disposed of unless they are empty and perforated suffieientl
to that no liquid or hazardous waste is can be contained therein, except fiber
drums containing asbestos.
(7) Erosion and sedimentation control requirements.
(a) Adequate sediment Sediment control measures (stractffes or devices), consisting of
vegetative cover, materials, structures, or devices shall be utilized to prevent sediment silt
from leaving the MSWLF facility.

C-166
(b) Adequate sediment Sediment control measures (structures or devices), consisting of
vegetative cover, materials, structures, or devices shall be utilized to prevent on -site
erosion. erosion of the MSWLF facility or unit.
(c) Provisions for a vegetative ground cover s•to restrain erosion must shall be
accomplished within 30 working days or 120 calendar days upon completion of any phase
of MSWLF development.
(8) Drainage control and water protection requirements.
(a) Surface water shall be diverted from the operational area.
(b) Surface water shall not be impounded over or in waste.
(c) Solid waste shall not be disposed of in water.
(d) Leachate shall be contained within a lined disposal cell or leachate collection and storage
system. All leachate shall be treated, as required by the receiving facility, prior to discharge.
^ n'� TODES A National Pollutant Discharge Elimination System(NPDEapermit may be
required prior to the discharge of leachate to surface waters, as provided by 40 CFR Parts
258.26 and 258.27.
(e) MSWLF units shall not:
(i) Cause a discharge of pollutants into waters of the United States, including
wetlands, that violates any requirements of the Clean Water Act, including the
NPDES
requirements, pursuant to Section 4A2L.- 402 of the Clean Water Act.
(ii) 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 State-
wide water quality management plan that has been approved under Section 208
or 319 of the Clean Water Act, as amended.
(9) Liquids restrictions.
(a) Bulk or non -containerized liquid waste may shall not be placed in MSWLF units unless:
(i)
(ii)
The the waste is household waste other than septic waste and waste oil; or
The the waste is leachate or gas condensate derived from the MSWLF unit,
it : N4SV r F • lateral the •• it the
whether a new or existing nit or expansionf
MSWLF unit is designed with a composite liner and leachate collection system as
described within Rule .1624 of this SeetienSection, and the owner or operator
obtains prior approval from the Division.
(b) Containers holding liquid wastes shall not be placed in the MSWLF unit unless:
(i)
The the container is a small container similar in size to that normally found in
household waste;
(ii)
The the container is designed to hold liquids for use other than storage; or
(iii)
The the waste is household waste.

C-167
(10) Recordkeeping requirements.
(a) The owner or operator of a MSWLF unit must shall record and retain at the facility i-n-an
operating record that shall contain the following information: inf Finatio^ as it beee •^^
i blei
(i) laspeetion inspection records, waste determination records, certifications of
training, and training procedures required by ift Item (1) of this Rule;
(ii) Afneu fAs amounts by weight of solid waste received at the facility ineluding
soufee of ; to include, consistent with G.S. 130A-309.09D, county of
generation;
(iii) Gas gas monitoring results and any remediation plans required by Item (4) of this
Rule;
(iv) Any 4"-demonstration, certification, finding, monitoring, testing, or analytical
data required by Rules .1630 thru .1637 of this Section;
(v) Any ggy-monitoring, testing, or analytical data as required by Rule .1627 of this
Section; and
(vi) Any aWcost estimates and financial assurance documentation required by Rule
.1628 of this Section and Section .1800 of this Subchapter. Section.
(b) All information contained in the operating record must shall be furnished to the Division
accordingt_ othe permit *^ *''^ TM.,:�:^r or shall be made available for review
by the Division at the time and place of an inspection of the MSWLF or upon request. at
all reasonable times for inspection by the Division. The information contained in the
operating record may be recorded and retained in paper format or in an electronic format
that is accessible and viewable by the Division.
(c) The owner or operator must shall maintain a copy of the operation plan required by Rule
.1625 of this Section at the facility.
(11) Spreading and Compacting requirements.
(a) MSWLF units shall restrict solid waste into the smallest area feasible.
(b) Solid waste shall be compacted as densely as practical into cells.
(c) Methods such as fencing and diking shall be provided within the area to confine solid waste
that is subject to be blown by the wind. At the conclusion of each day of operati
operating day, all windblown material resulting from the operation shall be collected and
returned to th ^re aisposed of by the owner or operator.

(12) Leachate management plan. The owner or operator of a MSWLF unit designed with a leachate
collection system miist shall establish and maintain a leachate management plan which that includes
the following:
(a) Per-iodie periodic maintenance of the leachate collection system;
(b) Maintaining- ecords for the amounts of leachate generated;
(c) Semi annual semi-annual leachate quality sampling;
(d) Appr-aval approval documentation for final leachate disposal; and
(e) A a contingency plan for extreme operational conditions.
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. May 1, 2044-.2011;
Readopted E,f'. July 1, 2020.

C-169
15A NCAC 13B .1627 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1627 CLOSURE AND POST -CLOSURE REQUIREMENTS FOR MSWLF FACILITIES
(a) Purpose. This Rule establishes shall establish criteria for the closure of all MSWLF units and subsequent
requirements for post -closure compliance. The owner or operator is required to shall develop specific plans for the
closure and post -closure of the MSWLF facility or units under Rule .1629..1629 of this Section, and submit them to
the Division for review and approval.
(b) Scope.
(1) Clesl}T-e. -This Rule shall establish standards Standards are established for the scheduling and
documenting closure of all MSWLF units, and designing the cap system. Construction requirements
for the cap system shall incorporate specific requirements from Rule .1624 of this Section.
(2) Post elesufe. This Rule shall establish standards Sta- da fds afe established for the monitoring and
maintenance of the MSWLF unit(s) following closure.
(c) Closure criteria.
(1) New and ^ is4P-, MSWLF units and later -a! expansions shall install a cap system that is designed
and constructed to minimize infiltration and erosion. The cap system shall be designed and
constructed to:
(A) HaN, have a permeability less than or equal to the permeability of any base liner system or
the in -situ subsoils underlaying the landfill, or the permeability specified for the final cover
in the effective permit, or a permeability no greater than 1 x 10-5 cm/sec, whichever is less;
(B) " e—minimize infiltration through the closed MSWLF by the use of a low -
permeability barrier that contains a minimum 18 inches of earthen material; and
(C) minimize erosion of the cap system and protect the low -permeability barrier
from root penetration by use of an erosion layer that contains ono less than
six inches of earthen material that is capable of sustaining native plant growth.
(2) The Division may approve an alternative cap system if the owner or operator can adequately
demonstrti demonstrates the following:
(A) the alternative cap system will achieve an equivalent or greater- a reduction in
infiltration equivalent to or greater than as the low -permeability barrier specified in
Subparagraph (1) of this Paragraph; and
(B) Tke-the erosion layer will provide equivalent ^r i „Feved protection equivalent to or
greater than as the erosion layer specified in Subparagraph (3) of this Paragraph.
(3) Construction of the cap system for all MSWLF units shall conform to the requirements set forth in
Rule .1624(b (�=0b (Z9), (b)(10), L4), and (b)(1 5) of this Section -Subparagraphs (b)(8' (b)(9`
and ` ofRule . 1624 and the following requirements:
(A) Post settlement -post -settlement surface slopes shall be a minimum of five percent and a
maximum of 25 percent; and

C-170
(B) t-a gas venting or collection system shall be installed below the low -permeability barrier
to minimize pressures exerted on the barrier.
(4) Prior to beginning closure of each MSWLF unit as specified in Subparagraph (5) of this Paragraph,
an owner or operator shall notify the Division in writing that a notice of the intent to close the unit
has been placed in the operating record.
(5) The owner or operator shall begin closure activities of each MSWLF unit no later than 30 days after
the date on which the MSWLF unit receives the known final receipt of wastes or, if the MSWLF
unit has remaining capacity and there is a reasonable likelihood that the MSWLF unit will receive
additional wastes, no later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the Division if the owner or operator
demonstrates that the MSWLF unit has the capacity to receive additional wastes and the owner or
operator has taken and will continue to take all steps necessary to prevent threats to human health
and the environment from the unclosed MSWLF unit.
(6) The owner or operator of all MSWLF units shall complete closure activities of each MSWLF unit
in accordance with the closure plan within 180 days following the beginning of closure as specified
in Subparagraph (5) of this Paragraph. Extensions of the closure period may be granted by the
Division if the owner or operator demonstrates that closure will, of necessity, take longer than 180
days and they have taken and will continue to take all steps to prevent threats to human health and
the environment from the unclosed MSWLF unit.
(7) Following closure of each MSWLF unit, the owner or operator shall notify the Division that a
certification, signed by the project engineer verifying that closure has been completed in accordance
with the closure plan, has been placed in the operating record.
(8) Recordation.
`"Following closure of all MSWLF units, the owner or operator shall record a notice for the
landfill facility DroDerty at the local county Reeister of Deeds office: and notifv the
Division that the notice has been recorded and a copy has been placed in the operating
record. The notice may be a notation on the deed to the landfill facility property, or may
be some other instrument such as a declaration of restrictions on the property that is
normally examined discoverable during a title search for the landfill facility property.
(B) The nota4io ^n the aee notice shall inperpetuitynotify any potential purchaser of the
property 4wli-that
(i) The the land has been used as a landfill facility; and
`" future Us use is restricted under the closure plan approved by the Division.

C-171
`9) The owner or operator may request permissiemapproval from the Division to remove the
notice. notation from the deed The Division shall approve removal of the notice if all wastes
are removed from the €aeilit}.-landfill facility property.
(d) Post -closure criteria.
(1) Following closure of each MSWLF unit, the owner or operator shall conduct post -closure care.
Post -closure care shall be conducted for 30 years, except as provided under Subparagraph (2) of this
Paragraph, and consist of atleast-the following:
(A) Maintaining� e integrity and effectiveness of any cap system, including
making repairs to the cover as necessary to correct the effects of settlement, subsidence,
erosion, or other events, and preventing rainwater that drains over land from or onto any
part of the facili , or unit ran oft and ftm off from eroding or other -wise damaging the cap
system;
(B) Maintaining- and operating the leachate collection system in accordance with
the requirements in Rules .1624 and .'�.1626 of this Section. The Division may allow
the owner or operator to stop managing leachate if the owner or operator demonstrates that
leachate no longer poses a threat to human health and the environment;
(C) Monitoring- monitorin the ground water -groundwater and surface water in accordance with
the requirements of Rules .1631 through .1637 of this Section, and maintaining the
groundwater -groundwater monitoring system, if applicable; and monitoring the surface
water in accordance with the requirements of Rule .1627(b)(3)(B);.n� and
(D) Maintaining- and operating the gas monitoring system in accordance with the
requirements of Rule .1626 of this Section.
(2) The length of the post -closure care period may be:
(A) decreased by the Division if the owner or operator demonstrates that the reduced
period :s sufficient to protect protective of human health and the environment and this
demonstration is approved by the Division; or
(B) !noreased-increased by the Division if the Division determines that the lengthened period
is necessary to protect human health and the environment.

C-172
(3) Ever five ive years during the post -closure care period and following Following completion of the
post -closure care period for each MSWLF unit, the owner or operator shall notify the Division that
a certification eei4ifieafioa, signed by a registered , verifying that post -closure
care has been eempleted conducted in accordance with the post -closure plan, has been placed in the
operating record. If required by G.S. 89C, the certification shall be signed by a licensed professional
engineer.
History Note: Authority G.S. 130A-294;
Eff. October 9, 49-9-3-1993;
Readopted ff. Jul
y 1, 2020.

C-173
15A NCAC 13B .1629 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1629 CLOSURE AND POST -CLOSURE PLAN
(a) Purpose. As required under Rule .1617 of this Section, the owner or operator shall submit to the Division a closure
and post -closure plan which meets the requirements of this Rule.
(b) Closure plan contents.
0) General content of the plan. The owner or operator shall prepare a written closure plan that describes the
steps necessary to close all MSWLF units at any point during their its active life in accordance with the cap
system requirements in Paragraph (c) of this Rule.R+Aa, %s �h'^. The closure plan, at a Minimum, Mus
plan shall include the following information:
W(M Ara description of the cap system and the methods and procedures to be used to install the cap that
conforms to the requirements set forth in Rule .1627(c) of this Section; .
(Q(B4 gran estimate of the largest area of the MSWLF unit ever -requiring the specified cap system at any
time during the active life that is consistent with the drawings prepared for€eT--
(i) The the operation plan, for an existing MSWLF unit; or
(ii) The the engineering plan or facility plan, for a'^teY^' e..,.^ sio or e.,, MSWLF l u
(�} Aliran estimate of the maximum inventory of wastes ever on -site over the active life of the landfill
facility; and
tea schedule for completing all activities necessary to satisfy the closure criteria set forth in Rule
.1627(c) of this Section. .
(5) the cost estimate for closure activities as required under Section .1800 of this Subchapter.
(2) Existing MSIALLF units. The wA%er E)F eper-ME)F of an existing MSIAT14 iinit nat designed and
eanstnaeted with a base liner system permitted by the Division shall provide the fOlIEPWing
foot perimeter- measured from the permitted facility boundary. A topography map shall -
prepared .,t ., scale of t least o inch equals 400 feet and shall:
(i) Provide- current t.,pograph;, information for the permitted f e l;t.,•
(i) identify all waste supply intakes (ground and surface ..,.,ter)•
l:rri) identify =c under -ground titil y lines;
(iv) identify ate residenees;zanl
(v) identify any known or potential of eantaraiatien.
(B) Capaeit-y. The proposed final eapaeivy of the existing N4SWT=F tmit must be ealeula4ed
from October 9, 1993 and shall be consistent with the oriteria set forth in Subparagraph
(e)(10)ofRiale.1627. The method, data, and assumptions used to calculate the remai i
capacity shall he clearly stated-.
(C) Compliance Report. The ester or operator shall submit -a report that:

C-174
(c) Post -closure plan contents. The owner or operator of all MSWLF units shall submit prepare a written
post -closure plan to the Division that itiol des, at ^ mini ,ff includes the following information:
(1) t-a description of the monitoring and maintenance activities required in Rule .1627(d) of this
Section g (d) of Rule 1627 for each MSWLF unit, and the frequency at which these
activities shall be performed;
(2) lname, address, and telephone number of the person or office responsible for
the facility during the post -closure period; and
(3) Ara description of the planned uses of the property during the post -closure period. Post -closure use
of the property shall not disturb the integrity of the cap system, base liner system, or any other
components of the containment system, or the function of the monitoring systems unless necessary
to comply with the requirements in this Section. The Division may approve any other- disturbance
if the owner or operator demonstrates that disturbance of the cap system, base liner system, or other
component of the containment system, including any removal of waste, will not increase the
potential threat to human health or the etwir-e=ent. environment; and
(4) the cost estimate for post -closure activities
required under Rule .1628 of this See fie Section .1800 of this Subchapter.
History Note: Authority 130A-294;
Eff. October 9, 49-9-3-1993;
Readopted ff. Jul
y 1, 2020.

C-175
15A NCAC 13B .1630 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1630 APPLICABILITY OF GROUND WATE GROUNDWATER MONITORING
REQUIREMENTS
(a) The gro•�groundwater monitoring, assessment, and corrective action requirements under Rules .1630
through .1637 of this Section apply to all MSWLF units.
(b) Owners or operators of MSWLF units shall comply with the grotmd watergroundwater monitoring, assessment,
and corrective action requirements under Rules .1630 through .1637 of this Section aeeerain^ to the following
before waste can be placed in the unit.
New N4SWLF units shall be in eemplianee with the r-equiFements before waste ean be plaeed i
(c) Once established at a MSWLF unit, g-et groundwater monitoring shall be conducted throughout the
active life and post -closure care period of that MSWLF unit.
(d) Water Quality MonitoringPlans,
lans,
Assessment Plans, and Corrective Action Plans shall be prepared under the responsible charge of and bear the seal of
a T ieen_oa Geologist or Pr -,.foss -oral Engineor licensed geologist or licensed professional engineer if required b
89C or 89E. '
(e) The groundwater protection requirements of 15A NCAC 02L shall apply to MSWLFs.T-he rraft-h c.,reli.
amendments and editions. Copies ef this material may be inspeeted or- obtained at the Depaftment of ,
14ealth, and Natural Reseufees, Division of Solid Waste Management, 401 Ober -!in Read, Raleigh, Nefth Cafelina -
no 60st.
History Note: Authority G.S. 130A-294;
Eff October 9, 499-3 1993;
Readopted Elf. July 1, 2020.

C-176
15A NCAC 13B .1631 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1631 GROUND WATE GROUNDWATER MONITORING SYSTEMS
(a) A groundwater monitoring system shall be installed that consists of a suffi ien4 number of wells, no
less than one background and three downgradient wells installed at appreciate locations and depths that de"fie
yield ^re••�groundwater samples from the uppermost aquifer that:
(1) Represent the quality of the background greand groundwater that has not been affected by
leakage from the unit. Normally, detef aination Determination of background waterproundwater
quality shall be based on sampling of a well or wells that are hydraulically upgradient of the
waste management area. However, the determination of background water quality may include
sampling of wells that are not hydraulically upgradient of the waste management area where:
(A) hydrogeologic conditions do not allow the owner or operator to determine
which wells are hydraulically upgradient; or
(B) hydrogeologic conditions do not allow the owner or operator to place a
well in a hydraulically upgradient location; or
(C) Sarapliag--samplinnat other wells will provide an indication of background grew
water,groundwater quality that is as representative as that provided by the upgradient
well(s); and
(2) Represent the quality of gretmd ivatergroundwater passing the relevant point of compliance -as
approved by the Division. The downgradient monitoring system shall be installed at the relevant
point of compliance se -auto ensure detection of ,groundwater contamination in the
uppermost aquifer.
`) The relevant point of compliance shall be established no more than 250 feet from a waste
boundary, and shall be at least 50 feet within the facility property boundary.
(B�—In determining the relevant point of compliance, the Division shall consider
recommendations made by the owner or operator based upon consideration of at least the
following factors:
(i)(A) the hydrogeologic characteristics of the facility and surrounding land;
(O(W the volume and physical and chemical characteristics of the leachate;
(iii)Q Tke-the quantity, quality, and direction, of flow of ^•-^••groundwater;
(i-,;)n Tke-the proximity and withdrawal rate of the gr^•�groundwater users;
(v)M the availability of alternative drinking water supplies;
(v)ff) T4e-the existing quality of the gretmd oundwater, including other sources
of contamination and their cumulative impacts on the growwater-groundwater,
and whether the gr^••�groundwater is currently used or reasonably
expected to be used for drinking water;
(vOLG) D• up blic health, safety, and welfare effects; and

C-177
(viii)LW-Praetieablepracticable capability of the owner or operator.
(b) Monitoring wells shall be designed and constructed in accordance with 15A NCAC 02C. the ^,.,.1:eable N �>
Carolina Well GonstriastienStandards as-eodi€iedin 1 SA'`T��.
(1) Owner or operators shall obtain approval from the Division for the design, installation, development,
and decommission of any monitoring well or piezometer. Documentation shall be placed in the
operating record and provided to the Division in a timely manner.
(2) The monitoring wells and piezometers shall be operated and maintained so that they perform to
design specifications throughout the life of the monitoring program.
(c) The number, spacing, and depths of monitoring systems shall be determined based upon site -specific technical
information that shall include investigation of:
(1) Ari€er aquifer thickness, groundwater flow rate, and groingroundwater flow
direction, including seasonal and temporal fluctuations in gretmd watergroundwater flow; and
(2) rTn�rated unsaturated and saturated geologic units (including fill materials) overlying and
comprising the uppermost aquifer; including bu4 not life to ta: thicknesses, stratigraphy, lithology,
hydraulic conductivities, porosities -porosities, and effective porosities.
(d) The proposed monitoring system and the water quality monitoringplanrequired in Paragraph (f) of this Rule plan
shall be be-.
0) Certified by Geologist eF Professional Engineer to be in providing early
detection of any release of haizardous constituents of concern gFerrrfrom any point in a disposal cell or
leachate surface irap^•mimpoundment to the uppermost a ug ifer i€er;-se-as-to be protective of
public health and the environment. If required by G.S. 89C or 89E, the proposed monitoring system and
water quality monitoring plan shall be certified by a licensed professional engineer or a licensed geologist.
erwirepiffi0 t; ..,1
(2) Appreved by the Division. Upon appreval by the Divisien, a eapy of the approved monitoring plan
shall be plaeed in the operating r-eeard.
(e) The Division may require the use of altemative monitoring systems in addition to ground water monitoring wells
at In addition to ,groundwater monitoring wells, the use of alternative monitoring systems may be:
(1) mere -required by the Division at sites where the owner or operator does not control the property
from any landfill unit to the ^�-^•�groundwater discharge feature(s); or
(2) Sites allowed by the Division at sites where with-hydrogeologic conditions are favorable for
detection monitoring by alternative methods.
(f) The owner or operator shall submit a menitering system water quality monitoring plan for review and
approval by the Division as required by Rules .1603 and .1617 of this Section. The Water Quality
Monitorine Plan shall contain information on the groundwater monitoring system(s) and locations. surface
water sampling locations, sampling and analysis requirements, and monitoring required under Rules .1630
through .1637 of this Section. The Division shall date and stamp the Water Quality Monitoring Plan
"approved" if the plan meets the conditions of this Rule. Upon approval by the Division, a copy of the

C-178
approved Water Quality Monitoring Plan shall be placed in the operating record.
(a) Groundwater standards and interim maximum allowable concentrations established under 15A NCAC
02L or groundwater protection standards established in accordance with Rule .1634(b)(3) and (4) of this
Section shall not be exceeded in the uppermost aquifer at the compliance boundar.
History Note: Authority G.S. 130A-294;
Eff. October 9, 499-3-1993;
Readopted Ej .July 1, 2020.

C-179
15A NCAC 13B .1632 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1632 GROUND WATE GROUNDWATER SAMPLING AND ANALYSIS
REQUIREMENTS
(a) ^ ground water_raanitering pregfafa shalomeensistent Consistent sampling and analysis procedures that
are designed to ensure monitoring results that provide an accurate representation of gr^��groundwater quality
at the background and downgradient wells. wells shall be described in the water quality monitoring plan approved in
accordance with Rule .163l(f) of this Section. The ground water sampling and an4ysis p'^^ shall be approved 1.y the
Division a -ad the owner or operator- shall place a copy of the approved plan in the operating record. The plan shall
include procedures and techniques for €ems
0 ) Sa sample collection;
sample preservation and shipment;
anal ical procedures;
(4) Chaii3 chain of custody control; and
(5litr uali assurance and quality control.
(b) The ^..groundwater monitoring program shall include sampling and analytical methods that are
appropriate for ground groundwater sampling and that accurately measure hazardous constituents of concern
and other monitoring parameters in ground water -groundwater samples.
(c) The sampling procedures and frequency shall be protective of human health and the environment.
(d) Gretmd-waterEach time groundwater is sampled, groundwater elevations shall be measured in each well
irarnediately-prior to pur ig na . The owner or operator shall determine the
rate and direction of ground groundwater flow each time gr^��groundwater is sampled. Ground wa4e�
Groundwater elevations in wells which monitor the same waste management area shall be measured within a 24-hour
period of time s'��to avoid temporal variations in ground wa4efgroundwater flow which that could preclude
accurate determination of ground atefgroundwater flow rate and direction. The owner or operator shall determine
^�^��ergroundwater elevation and flow as follows:
(1) In order to determine ^�-^••�accurate groundwater elevations for each monitoring
well, the wells shall have been surveyed. If required by G.S. 89C, a licensed professional land
surveyor shall survey the wells. [Note: The North Carolina Board of Examiners for Engineers and
Surveyors has determined, via a letter dated July 16, 2010, that the surveying pursuant to this
Paragraph constitutes practicing surveying under G.S. 89C.] The survey of the wells shall conform
to at -east -the following levels of accuracy:
(A) the horizontal location to the nearest 0.1 foot;
(B) The -the vertical control for the ground surface elevation to the nearest 0.01 foot; and
(C) Tithe vertical control for the measuring reference point on the top of the inner well casing
to the nearest 0.01 foot.

(2) In order to determine the rate of ^r^t��groundwater flow, the owner or operator shall provide
data for hydraulic conductivity and porosity for the formation materials at each of the well locations.
(e) The owner or operator shall establish Division ppravoa background ^••groundwater quality in
accordance with ^Rule .1631(a)(1) of this Section and .'�Paragranhs (fl through (h) of this RuleSeetia for
each of the monitoring parameters or constituents required in the particular ^r^t��groundwater monitoring
program that applies to the MSWLF unit.
(f) The number of samples collected to establish gret groundwater quality data shall be consistent with the
appropriate statistical procedures to be used, as provided for in 40 CFR 258.
(g) Should the owner or operator choose to perform statistical analysis of groundwater quality data whether for
purposes of establishing background concentrations or to determine if there is an exceedance of the groundwater
quality standards and interim maximum allowable concentrations established in 15A NCAC 02L or the groundwater
protection standard as defined in Rule .1634(b)(3) and (4) . of this Section, the owner or operator
shall select one of the following statistical methods to be used in evaluating ground watefgroundwater monitoring
data for each constituent of concern. hazardous eenstituent. The statistical test chosen shall be conducted separately
for each hazardetis constituent of concern in each well.
(1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to
identify statistically significant evidence of contamination. The method shall include estimation
and testing of the contrasts between each compliance well's mean and the background mean levels
for each constituent.
(2) A parametric analysis of variance (ANOVA) based on ranks followed by multiple comparisons
procedures to identify statistically significant evidence of contamination. The method shall include
estimation and testing of the contrasts between each compliance well's median and the background
median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an interval for each constituent is established
from the distribution of the background data, and the level of each constituent in each compliance
well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each constituent.
(5) Another statistical test method that meets the performance standards of this Rule. The owner or
operator shall submit a justification for an alternative test method to the Division for approval. The
justification shall demonstrate that the alternative statistical test method meets the performance
standards of this Rule. If approved, the owner or operator shall place a copy of the justification for
an alternative test method in the operating record.
(h) Any statistical method chosen to evaluate ^r^t��groundwater monitoring data shall comply with the
following performance standards: standards, as appropriate:
(1) The statistical method used to evaluate ground groundwater monitoring data shall be
appropriate for the distribution of chemical parameters or constituents of concern. hazardous
^its If the distribution of the chemical parameters or hazardous constituents of concern is

C-181
shown by the owner or operator (or the Dyisie ` or the Division to be inappropriate for a normal
theory test, then the data shall be transformed or a distribution -free theory test shall be used. If the
distributions for the constituents differ, more than one statistical method shall be considered.
(2) If an individual well comparison procedure is used to compare an individual compliance well
constituent concentration with background constituent concentrations or a gretmd-
watergroundwater protection standard, the test shall be done at a Type I error level no less than 0.01
for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise
error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than
0.01 for individual well comparisons shall be maintained. This performance standard does not apply
to tolerance intervals, prediction intervals, or control charts.
(3) If a control chart approach is used to evaluate gr^•�groundwater monitoring data, the
specific type of control chart and its associated parameter values shall be protective of human health
and the environment. The parameters shall be determined by the analyst after considering the
number of samples in the background data base, the data distribution, and the range of the
concentration values for each constituent of concern.
(4) If a tolerance interval or a prediction interval is used to evaluate groingroundwater
monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the
population that the interval shall contain, shall be protective of human health and the environment.
These parameters shall be determined by the analyst after considering the number of samples in the
background da4 database, the data distribution, and the range of the concentration values for
each constituent of concern.
(5) The statistical method shall account for data below the limit of detection with one or more statistical
procedures that are protective of human health and the environment. Any practical quantitation
limit (pql) that is used in the statistical method shall be the lowest concentration level that can be
reliably achieved within specified limits of precision and accuracy during routine laboratory
operating conditions that are available to the facility.
(6) If necessary, as provided for in 40 CFR 258,the statistical method shall include procedures to control
or correct for seasonal and spatial variability as well as temporal correlation in the data.
(i) Within 120 days from the date of sampling or as specified in the facility permit, whichever is less, the owner or
operator shall submit to the Division a monitoring report in electronic format that includes al -information from the
sampling event; event including field observations relating to the condition of the monitoring wells, field data, the
laboratory analytical data report, date-, statistical analysis (if utilized), sampling methodologies, field sampling
methods and quality assurance and quality control data, information on •-•-^•�proundwater flow direction,
calculations off the groundwater flow rates rate; and for each well well, any constituents that exceed
ground water —groundwater protection standards standards, as defined in Rule .1634(; 1634kg) ��of this
Section.

C-182
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. April 1, 2444-.2011:
Readopted E(f. July 1, 2020.

C-183
15A NCAC 13B .1633 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1633 DETECTION MONITORING PROGRAM
(a) Detection monitoring shall be conducted mat MSWLF units at all gret�groundwater monitoring
wells that are part of the detection monitoring system as established in the approved water quality monitoring plan.
At ^ rainiffm a ^^ As provided for in 40 CFR 258, the detection monitoring program shall include monitoring for the
constituents listed in Appendix I of 40 CFR Part-258. " ppea ix 1 Constituents for- Deteetio Monitoring" (App^
!), is ineer-perated by r-eferenee ineluding subsequent amendments a -ad editions. Copies of this material may
inspeeted or obtained at the Department of EnviForartent and Natural Resourees, Division of Waste ManageraenlT
Raleigh, North Carolina at fie eest.
(b) The monitoring frequency for all Appendix I detection monitoring constituents shall be at- e no less than
semiannual during the active life of the facility and during closure and die -post -closure period. To
establish baseline, ^ rainiraur, of no less than four independent samples from each background and down, our dient
monitoring well shall be collected within a six-month period and analyzed for the
Appendix 1 constituents listed in Appendix I of 40 CFR 258, with no less than one sample collected from each new
monitoring well before waste placement in each new cell or phase. At
Iea No less than one sample from each background and downgradient monitoring well (bagkgreiaaa ^�a
downgradieno shall be collected and analyzed during subsequent semiannual sampling events.
(c) The Division magpprove an alternate frequency, no less than annually, for repeated sampling and analysis
constituents required by Pararg anh (b) of this Rule, during the active life and post -closure care of the unit considering
the following factors:
(1) lithology of the aquifer and unsaturated zone;
(2) hydraulic conductivity of the aquifer and unsaturated zone;
(3) groundwater flow rates;
(4) minimum distance of travel;
(5) resource value of the aquifer; and
(6) nature, fate, and transport of any detected constituents.
fd)fE} If the owner or operator determines that there is an exceedance of the ground water protectio., st^ dar
groundwater aualitv standards or interim maximum allowable concentration established in accordance with 15A
NCAC 02L .0202, or the groundwater protection standards established in accordance with as definedi -Pafag ap
(g) eF (h) of Rule ' ��^ Rule .1634(b)(3) and (b)(4) of this Section for one or more of the constituents listed in ^ ppen �
I required in Paragraph (a) of this Rule at any monitoring well, • ^" ^t *' ^^'^ ^�* �^ r* ^' ^^�' ^^^^, the owner or
operator:
(1) Shamsshall, within 14 days of this finding, report to the Division and place a notice in the operating
record indicating which constituents have exceeded ground water -groundwater protection standards;
(2) Shall shall establish an assessment monitoring program meeting the requirements of this Section
within 90 days except as provided for in Subparagraph (3) of this Paragraph; and

C-184
(3) Ma} -may -demonstrate that a source other than a MSWLF unit caused the exceedance, or the
exceedance resulted from an error in sampling, analysis, statistical evaluation, or natural variation
in gro��groundwater quality. A report documenting this demonstration shall be approved
b�-submitted to the Division for approval. the If required by G.S. 89C or G.S. 89E, a
licensed professional engineer or licensed geologist shall prepare these documents. [Note: The
North Carolina Board of Examiners for Engineers and Surveyors and the Board of Licensing of
Geologist has determined, via letters dated July 16, 2010 and November 30, 2010 respectively, that
preparation of documents pursuant to this Paragraph constitutes practicing engineering or geology
under G.S. 89C and G.S. 89E.] A copy of this report shall also be placed in the operating record.
If a successful demonstration is made, documented, and approved by the Division, the owner or
operator may continue detection monitoring. If after 90 days, a successful demonstration is not
made, the owner or operator shall initiate an assessment monitoring program as required by Rule
.1634 of this Section.
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. April 1, 2014-.2011;
Readopted ff. Jul
y 1, 2020.

C-185
15A NCAC 13B .1634 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1634 ASSESSMENT MONITORING PROGRAM
(a) Assessment monitoring is shall be required whenever if, in any samplin event, vent, one or more of the constituents
listed in 40 CFR 258 Appendix I is detected above in exeeedanee of the grotmd wa4o_ proteetion standards,
groundwater quality standards or interim maximum allowable concentration (IMAC) established in accordance with
15A NCAC 02L .0202, or the groundwater protection standards established in accordance with Subpara agr phs (b)(31
and b 4 s defined in Paragraph (g) or (I of this Rule.
shall sample and analyze the ground water for all eonstituents identified in Appendix 11 of40 CFR Part 258. 40CFR
Part 258 "Alppendix 11 List of Hazardous !norganie and Organie Constituents" (Appendix (b) Within 90 days of trig— i — sment monitoring program, and annually thereafter, the owner or operator -
is ineer-Perated by
r-eferenee ineluding subsequent araeadraefi4s and editions. Copies ofthis material may be inspeeted or obtained at
DepaFtraeH4 of Eiwiroaraent and Natural Resoufees, Division of Waste Ma-aageraefi4, Raleigh, North Carolina at ne,
east.
(b) Assessment Requirements. Within 90 days of triggering an assessment monitoring program in accordance with
Rule .1633(c)(2) of this Section, the owner or operator shall conduct an assessment in accordance with the following_
(1) Install additional wells, as necessary, to characterize the nature and extent of the contamination,
including no less than one additional groundwater monitoring well at the facility's property
boundary or the compliance boundary, as defined in 15A NCAC 02L .0102, in the direction of
contaminant migration most likely to show impact based on the established geology and
hydrogeology.
-collect no less than one groundwater sample from each downgradient monitoring
well, including any well installed in accordance with Subpara rg aph (1) of this Para rgrmh, she
^e'�a and a analyze for the constituents listed in 40 CFR 258 Appendix II. l4 during each
sampling event. The Division may delete any of the 40 CFR 258 Appendix II constituents, not also
listed in Appendix I, for a MSWLF unit if it can be shown that the constituents proposed for deletion
are not expected to be in or derived from the waste contained in the unit. After the initial
sampling event, for any constituent detected in the downgradient wells as the —a result of the
Appendix II analysis, ^ minimum of fur no less than three additional independent samples from
each downgradient monitoring_ well (b.,,.k,...eua and doA% Fadien*` and no less than four
independent samples from each background well shall be collected and analyzed to establish
baekgroll a baseline for the new detected constituents. Once determined, baseline data for the new
detected constituents shall be reported to the Division. The Division ,r eeif videa for i
Appendix 11 monitoring parameters for a N4SVZLF unit if it can be shown that the removed
constituents are not reasonably expected to be in or derived from the waste contained in the unit.

For constituents that do not have a groundwater quality standard or IMAC established in accordance
with 15A NCAC 02L .0202, the Division shall establish a groundwater protection standard for each
constituent detected in groundwater. The groundwater protection standard shall be the most
protective of the following_
(A) for constituents for which a maximum contaminant level (MCL) has been promulgated
under the Section 1412 of the Safe Drinking Water Act codified under 40 CFR 141, the
MCL for that constituent;
(B) for constituents for which a public water quality standard has been established under the
North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C, the public water
quality standard for that constituent;
(C) for constituents for which no MCLs or public water quality standards have been
promulgated, the background concentration for the constituent established from the
monitoring wells required in accordance with Rules .1631(a)(1) and .1632 of this Section;
or
(D) for constituents for which the background level is higher than the MCL or public water
quality standard or health -based levels identified under Subparagraph (4) of this Paragraph,
the background concentration established in accordance with Rules .1631(a)(1) and.1632
of this Section.
(4) The Division may establish an alternative groundwater protection standard for constituents for
which no MCL or public water quality standard have been established. These groundwater
protection standards shall be appropriate health -based levels that satisfy the following criteria:
(A) the level is derived in a manner consistent with EPA guidelines for assessing the health
risks of environmental pollutants;
(B) the level is based on scientifically valid studies conducted in accordance with the Toxic
Substances Control Act Good Laboratory Practice Standards, 40 CFR Part 792, or
equivalent;
(C) for carcinogens, the level represents a concentration associated with an excess lifetime
cancer risk level due to continuous lifetime exposure of 1 x 10-6; and
(D) for systemic toxicants, the level represents a concentration to which the human population,
including sensitive subgroups, could be exposed on a daily basis that is likely to be without
gppreciable risk of deleterious effects during a lifetime. For the purposes of this Rule,
systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.
(5) In establishing_ groundwater protection standards under this Paragraph, the Division may consider
the following:
(A) multiple contaminants in the groundwater;
(B) exposure threats to sensitive environmental receptors; and
(C) other site -specific exposure or potential exposure to groundwater.

C-187
(6) The owner or operator may request that the Division approve a background level for the unit that is
higher than the standard established in 15A NCAC 02L .0202 or the standard established in
Subpara rg anh (3) of this Paragraph or health -based levels identified under Subpara rg anh (4) of this
Paragraph. The background level shall be established in accordance with Rules .1631(a)(1) and
.1632 of this Section. The approved background level shall be the established ,groundwater
protection standard.
(c) Assessment Monitoring. After obtaining the results from the initial sampling event required in Subpara rag ph (b)(2)
of this Rule, the owner or operator shall perform assessment monitoring in accordance with the following_
(1) For each assessment monitoring event, the owner or operator shall submit an assessment monitoring
report to the Division that complies with Rule .1632(i) of this Section and, if required by G.S. 89E,
the report shall be certified by a licensed geologist. The initial assessment monitoring report shall
contain a summary description of assessment activities conducted in accordance with Paragraph (b)
of this Rule, including boring logs and well installation records.
(2) Within 30 days of obtaining the results of the sampling event, the owner or operator shall notify all
persons who own land or reside on land that directly overlies any12art of the plume of contamination
if contaminants have migrated off -site.
(3) Within 14 days of receipt of the analytical results, the owner or operator shall submit notice to the
Division in writing and place the notice in the operating record identifying the 40 CFR 258
Appendix II constituents that have not previously been detected and reported to the Division.
(4) Within 90 days, and no less than semiannually thereafter until the Division approves a return to
detection monitorine in accordance with Paraeranhs (d) or (e) of this Rule. the owner or operator
shall sample all of the monitoring wells for the unit in the monitoring system established in Rule
.1633 of this Section and in Subpara rg gph (bZl) of this Rule for all constituents listed in 40 CFR
258 Appendix I, and for those constituents in Appendix II not listed in Appendix I that have been
detected. Any well with a reported groundwater standard exceedance shall be sampled for all
constituents in 40 CFR 258 Appendix 11 at least annually unless otherwise approved in accordance
with Subparagraph (6) of this Paragraph or Subparagraph (b)(2) of this Rule. A report from each
sampling event shall be submitted to the Division and placed in the facility operating record. No
less than one sample from each background and downgradient monitoring well shall be collected
and analyzed during each of these sampling events.
(5) The owner or operator shall establish and report to the Division the background or baseline
concentrations for any constituents detected.
(OU6 The Division may speedapprove an alternate €r-equeney frequency, no less than
annually, or an alternate subset of wells for repeated sampling and analysis for Appendixz1
constituents required by Paragraph (b) of this Rule, during the active life and post -closure care of
the unit considering the following factors:
(4LA) T ; lithology of the aquifer and unsaturated zone;

�2)B� a hydraulic conductivity of the aquifer and unsaturated zone;
(-34LC) GFet groundwater flow rates;
(4)(P) Mirminimum distance of travel;
(3)M e—resource value of the aquifer; and
O)M N nature, fate, and transport of any detected constituents.
d) The owner or operator may demonstrate. in accordance with Rule .1633(c)(3) of this Section. that a source other
than a MSWLF unit caused the exceedance of the groundwater standards or groundwater protection standards, or the
exceedance resulted from error in sampling analysis, or natural variation in groundwater quality. If a successful
demonstration is made for each exceedance, the owner or operator may discontinue assessment monitoring, and may
return to detection monitoring in accordance with Rule .1633 of this Section when approval is given by the Division
in writing. Until a successful demonstration is made, the owner or operator shall comply with Para rg anh (c) of this
Rule including initiating an assessment of corrective measures in accordance with Paragraph (f) of this Rule.
(e) The Division shall give approval to the owner or operator to return to detection monitoring in accordance with
Rule .1633 of this Section if all of the following are met:
O for two consecutive sampling events, the concentrations of the constituents are shown to be at or
below groundwater standards or IMACs established in 15A NCAC 02L .0202, groundwater
protection standards established in accordance with Subparagraphs (b)(3) and (b)(4) of this Rule, or
approved background values using the statistical procedures in Rule .1632(f) through (h);
(2) the plume is not migrating horizontally or vertically; and
(3) the plume has not exceeded the compliance boundary
(f) If one or more constituents are detected for two consecutive sampling events above background, the groundwater
standards established in 15A NCAC 02L .0202, or the groundwater protection standards established in accordance
with Subpara rgphs (b)(3) and (b)(4) of this Rule, the owner or operator shall initiate Assessment of Corrective
Measures in accordance with Rule .1635 of this Section within 90 days.
(d) After- obtaining the results fFem the initial or- subse"eat smvling --t—equi.ed in Paragraph (b) of this Rule
the ovmer or operator- shall, •

C-189
,:
i

C-190
level (due to continuous lifetime exposure) of 1 m 10' and;
History Note: Authority G.S. 130A-294;

C-191
Eff.' October 9, 1993;
Amended Eff. April1, ��2011;
Readopted E�{f.' July 1, 2020.

C-192
15A NCAC 13B .1635 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1635 ASSESSMENT OF CORRECTIVE MEASURES
(a) Within 90 days of finding that one or more Appendix II constituents exceeded, for two consecutive sampling
events, either the groundwater standards established in 15A NCAC 02L .0202, the groundwater protection standards
established in accordance with Rule .1634(b)(3) and (b)(4) of this Section, or an approved background value,
90 daYS Of fifidifig 41at "'Of the e0ffStitdOfftS listed in Appendix 11 exeeeded the gwtmd water- pr-oteetion sta-adaF&,
the owner or operator shall initiate assessment of corrective action measures. Such an assessment Hmst shall be
completed within 120 da3-s-.days or as approved by the Division.
(b) The owner or operator shall continue to monitor in accordance with the approved assessment monitoring program.
(c) The assessment of corrective measures shall include an analysis of the effectiveness of potential corrective
measures in meeting all of the requirements and objectives of the remedy as described under Rule .1636 of this Section,,
Section. The assessment of corrective measures shall address addressing a4 least the following, as provided for in 40
CFR 258:
(1) The —the performance, reliability, ease of implementation, and potential impacts of potential
remedies, including safety impacts, cross -media impacts, and control of exposure to any residual
contamination;
(2) the time required to begin and complete the remedy;
(3) the costs of remedy implementation; and
(4) Tithe institutional requirements such as State and Leeal—local permit requirements or other
environmental or public health requirements that may affect implementation of the remedy(s).
(d) Within 120 days of completion of the assessment of corrective measures as set forth in Para rg aph (a) of this
Rule, the owner or operator shall discuss the results of the assessment of corrective measures, w v �., o� �����sment,
prior to the selection of remedy, in a public meeting with interested and affected parties. The owner or operator shall
provide a public notice of the meeting at least 30 days prior to the meeting. The notice shall include the time, place,
date, and purpose of the public meeting_ meeting ..o,,uirea by this Paragraph. A copy of the public notice shall be
forwarded to the Division at least five days prior to publication. The owner or operator shall mail a copy of the public
notice to those persons requesting notification. Public notice shall include:
(1) a legal advertisement placed in a newspaper or newspapers serving the county; and
(2) provision of a news release to at least one newspaper, one radio station, and one television station
serving the county.
History Note: Authority G.S. 130A-294;
Eff October 9, 1993;
Amended Eff. May 1, 204-1.-2011;
Readopted Eff. July 1, 2020.

C-193
15A NCAC 13B .1636 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1636 SELECTION OF REMEDY
(a) Based on the results of the assessment of corrective measures in accordance with Rule .1635 of this Section,
assessmefi4, the owner or operator shall select a remedy that, a4 a minimum, meets the standards listed in Paragraph
(b) of this Rule.Rule Within 14 days of selecting a remedy, the permittee shall submit an application to
modify the permit describing the selected remedy to the Division for evaluation and approval. The application shall
be subject to the processing requirements set forth in Rule .1604-(e).1603(c) of this Section. The application shall
include the demonstrations necessary to comply with the financial assurance requirements set forth in
of Rule .1628 of this Section and Section .1800 of this Subchapter.
(b) Remedies shall:
(1) Abe protective of human health and the environment;
(2) AtEaia attain the approved ground wateff groundwater uali pr-eteetion sta standards or
IMACs established in accordance with 15A NCAC 02L .0202, or the groundwater protection
standards established in accordance with Rule.1634(b)(3) and (b)(4) of this Section;
(3) EepAfel control the source(s) of releases se --auto reduce or eliminate, to the maximum extent
practicable, further releases of 40 CFR 258 Appendix II constituents into the a1wiF^....,e fit that May
pose a thfeat to ,.,,man health or- the environment; and
(4) Go with standards for management of wastes as specified in Rule .1637(e) of this
Section..1637
(c) In selecting a remedy that meets the standards of Paragraph (b) of this Rule,D111e o), the owner or operator
shall consider the following evaluation factors:
(1) The long-term and short-term effectiveness and protectiveness of the potential remedy(s), along
with the degree of certainty that the remedy will prove successful based on consideration of the
following:
(A) Magnitude-ma_ni tude of reduction of existing risks;
(B) " e—ma-ni� tude of residual risks in terms of likelihood of further releases due to
wastes remaining following implementation of a remedy;
(C) the type and degree of long-term management required, including monitoring,
operation, and maintenance;
(D) Shnshort-term risks that might be posed to the community, to workers, or to the
environment during implementation of such a remedy, including potential threats to human
health and the environment associated with excavation, transportation, and redisposal or
containment;
(E) Time until full protection is achieved;

C-194
(F) Dpotential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the environment associated
with excavation, transportation, redisposal, or containment;
(G) Lang taFmIon -tg erm reliability of the engineering and institutional controls; and
(H) Drpotential need for replacement of the remedy.
(2) The effectiveness of the remedy in controlling the source to reduce further releases based on
consideration of the following f ^*^r^:
) T 4e—the extent to which containment practices will reduce further releases, ryes; and
«B) Pi -the extent to which treatment technologies may be used.
(3) The ease or difficulty of implementing a potential remedy based on consideration of the following
types of factors:
(A) Degree —the degree of difficulty associated with constructing the technology;
(B) €xpeeted-the expected operational reliability of the technologies;
(C) Need -the need to coordinate with and obtain necessary approvals and permits from other
agencies;
(D) Avail availability of necessary equipment and specialists; and
(E) ^ v the available capacity and location of needed treatment, storage, and disposal
services.
(4) Pr- The practicable capability of the owner or operator, including a consideration of the
technical and economic capability.
(5) The degree to which community concerns are addressed by a potential remedy.
(d) The owner or operator shall specify as part of the selected remedy a schedule for initiating and completing remedial
activities. This schedule shall be submitted to the Division for review and approval. approved by the Division. .
a sehedule shall r-equiFe the initiatioa of Femedial aefivitieswithin a reasonable period of tifne taking into eensider-ation
the f^e*^rs set feFth i this Rule The owner or operator shall consider the following factors in determining the schedule
of remedial activities:
(1) �'�nature and extent of contamination;
(2) Practical practical capabilities of remedial technologies in achieving compliance with the approved
groundergroundwater protection standards and other objectives of the remedy;
(3) ^v^'�— f treatment or disposal capacity for wastes managed during
implementation of the remedy;
(4) Ddesirability of utilizing technologies that are not currently available, but which may
offer sigaifiea-at advantages over already available technologies in terms of effectiveness, reliability,
safety, or ability to achieve remedial objectives;
(5) Potential potential risks to human health and the environment from exposure to contamination prior
to completion of the remedy;
(6) Resource resource value of the aquifer including:

C-195
(A) Cuff ent current and future uses;
(B) Prexirnit�- and withdrawal rate of users;
(C) Ground waterizroundwater quantity and quality;
(D) T4w-the potential damage to wildlife, crops, vegetation, and physical structures caused by
exposure to contaminants;
(E) T4w-the hydrogeologic characteristics of the facility and surrounding land;
(F) Cie groundwater removal and treatment costs; and
(G) the costs and availability of alternative water supplies; and
(7) Praetie l practical capability of the owner or operator.
(e) The Division may determine that active remediation of a release of an Appendix II constituent from a MSWLF
unit is not necessary if the owner or operator demonstrates to the s «: sc e fien of the Division that:
(1) the ,groundwater is additionally contaminated by substances that have originated
from a source other than a MSWLF unit and those substances are present in concentrations such
that active cleanup of the release from the MSWLF unit would provide no significantreduction in
risk to actual or potential receptors; or
(2) T1+e­the constituent or constituents are present in gretmd watergromdwater that:
(A) Is -is not currently or expected to be a source of drinking water; and
(B) Is -Lis not hydraulically connected with water to which the hazardetts constituents of concern
are migrating or are likely to migrate in concentrations that would exceed the approved
gretmd water,groundwater protection standards; or
(3) Remedia4 emediation of the releases is technically impracticable; or
(4) Re�mrremediation results in unacceptable cross -media impacts.
(f) A determination by the Division pursuant to Paragraph (e) of this Rule Ru'eTshall not affect the authority
of the State to require the owner or operator to undertake source control measures or other measures that may be
necessary to eliminate or minimize further releases to the ground watergroundwater, to prevent exposure to the ground
watergroundwater, or to remediate ^�-^•� groundwater to concentrations that are technically practicable and
significantly -reduce threats to human health or the environment.
History Note: Authority G.S. 130A-294;
Eff.' October 9, 199-3 1993;
Readopted Eff'. July 1, 2020.

C-196
15A NCAC 13B .1637 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1637 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM
(a) Based on the approved schedule for initiation and completion of remedial activities, the owner or operator shall:
(1) within 120 days after the approval of the selected remedy or as approved by the Division, submit a
Corrective Action Plan that Establishrestablishes and implernent implements a corrective action
gretmd watffgroundwater monitoring program that:
(A) At ., minimum, as provided for in nn CF 254 meets the requirements of an assessment
monitoring program under Rule .1634 of this Section;
(B) ladieates indicates the effectiveness of the corrective action remedy; and
(C) Dernenstfa4esdemonstrates compliance with groundwater standards or IMACS established
in accordance with 15A NCAC 02L .0202 and ground oundwater protection
standards established in accordance with Rule .1634(b)(3) and (b)(4) of this Section
pursuant to Paragraph (f (e) of this Rule.
(2) T-��A-implement the approved corrective action remedy; and
(3) Teke—take any interim measures necessary to ensure the protection of human health and the
environment. Interim measures shall shall,to the gYeatest extent pmetieab ^, be consistent with the
objectives of and contribute to the performance of any remedy that may be required. The following
factors shall be considered by an owner or operator in determining whether interim measures are
necessary:
(A) the time required to develop and implement a final remedy;
(B) factual or potential exposure of nearby populations or environmental receptors to
constituents of concern;hazaFdo* e� ,
(C) factual or potential contamination of drinking water supplies or sensitive
ecosystems;
(D) Further further degradation of the ^�-^••�water-groundwater that may occur if remedial
action is not initiatedinitiated expeditiously;
(E) Waar-weather conditions that may cause hazardous constituents of concern to migrate
or be released;
(F) Ri&k--risks of fire or explosion, or potential for exposure to constituents of
concern as a es��'�resulting from an accident or failure of a container or handling
system; and
(G) mother situations that may pose threats to human health or the environment.
(b) The owner or operator shall submit a Corrective Action Evaluation Report to the Division in electronic portable
document format no less than once every five calendar vears until the owner or operator are released from the
corrective action program in accordance with Paragraph (g) of this Rule. The report shall contain:

C-197
(1) a description of the corrective measure remedies that have been implemented or completed since
the initiation of the corrective action program;
(2) an evaluation of the effectiveness of the corrective action program;
(3) the information required in Rule .1804(a)(1) of this Subchapter.
(b)Lc) The owner or operator or the Division may determine, based on information developed after implementation
of the remedy has begun or other information, that compliance with requirements of Rule .1636(b) of this Section are
not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods
or techniques to comply with Rule .1636 of this Section *eeha ques, as e by the nyisio", that eotil' ^raetie by
, ehieve , p1;. nee with the ro ents unless the owner- or-aperatef .ti..,lcos .l o determination , ne-r Division
determines that active remediation is not necessary in accordance with Rule .1636(e) of this Section. ParagF p>7 (e) of
this Rule.
(OLd) If the owner or operator or the Division determines that compliance with requirements under Rule .1636(b) of
this Section cannot be practically achieved with any currently available methods, the owner or operator shall:
(1) Submit submit a written report that documents that compliance with the requirements under Rule
.1636(b) of this Section cannot be practically achieved with any currently available -methods and
gain approval from the Division. If required by G.S. 89C or G.S. 89E, a licensed professional
engineer or licensed geologist shall prepare these documents. [Note: The North Carolina Board of
Examiners for Engineers and Surveyors and the Board of Licensing of Geologist has determined,
via letters dated July 16, 2010 and November 30, 2010, that preparation of documents pursuant to
this Paragraph constitutes practicing engineering or geology under G.S. 89C and G.S. 89E.];
(2) implement alternate measures to control exposure of humans or the environment to
residual contamination, as necessary to protect human health and the environment; and
(3) T"'„rnrpnaxcncimplement alternate measures for control of the sources of contamination, or for removal
or decontamination of equipment, units, devices, or structures that are:
(A) Tedtechnically practicable;
(B) Consistent consistent with the overall objective of the remedy; and
(4) Submit submit a report justifying the alternative measures to the Division for review. The Division
shall date and stamp the report "approved" if the conditions of this Paragraph are satisfied. The
approved report shall be placed in the operating record prior to implementing the alternative
measures. ,
(,d)Le) All solid wastes that are managed pursuant to a remedy required under Rule .1636 of this Section, or an interim
measure required under Paragraph (a) of this Rule, shall be managed in a manner:
(1) that is protective of human health and the environment; and
(2) that complies with applicable RGRA Resource Conservation and Recovery Act requirements.
(OW Remedies selected pursuant to Rule .1636 of this Section are shall be considered complete when:

C-198
(1) The owner or operator complies with the approved ground ... ttffgroundwater gualily and
groundwater protection standards at all points within the plume of contamination that lie beyond the
relevant point of compliance;
(2) ramie —compliance with the appr-eyed ground ,.".t ff groundwater quality and groundwater
protection standards has been achieved by demonstrating that concentrations of 40 CFR 258
Appendix II constituents have not exceeded these standards for a period of three consecutive yews;
years, consistent with performance standards in Rule 1636(b) of this Section; and
(3) mall actions required to complete the remedy have been satisfied.
(4)W Upon completion of the remedy, the owner or operator shall submit a report to the Division documenting that
the remedy has been completed in compliance with Paragraph (fddd) of this Rule. This report shall be signed by the
owner or operator and by the preparer of the report. If required by G.S. 89C or G.S. 89E, a licensed professional
engineer or licensed geologist shall prepare these documents. [Note: The North Carolina Board of Examiners for
Engineers and Surveyors and the Board of Licensing of Geologist has determined, via letters dated July 16, 2010 and
November 30, 2010, that preparation of documents pursuant to this Paragraph constitutes practicing engineering or
geology under G.S. 89C and G.S. 89E.] Upon approval by the Division, this report shall be placed in the operating
record.
WLhh,) When, upon completion of the certification, the Division determines that the corrective action remedy has been
completed in accordance with Paragraph (e)(D of this Rule, the owner or operator shall be released from the
requirements for financial assurance for the corrective action program under Rule 1628(d) of this Seetien. Rule .1628
of this Section and Section .1800 of this Subchapter. Nothing in this Paragr, annh shall release the owner or operator
from the requirements for financial assurance for closure, post -closure care, or potential assessment and corrective
action in accordance with Rule .1628 of this Section and Section .1800 of this Subchapter.
History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. April 1, 2"T.2011;
Readopted Eff. July 1, 2020.

C-199
15A NCAC 13B .1680 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1680 LEACHATE STORAGE REQUIREMENTS
(a) Applicability.
(1) Construction of leachate storage tanks and surface impoundments located at solid waste la-nd€rll
management facilities after- Oete er- °, 1993 shall meet the requirements set forth in this Rule.
(2) Liquid treatment and disposal at a solid waste mana eg mentlandfill facility is subject to the
requirements of this Subchapter.
(3) Operation and closure of all leachate storage tanks and surface impoundments shall meet the
requirements of this Rule.
(b) Application requirements. An application for a permit to construct a landfill facility which includes leachate
storage facilities shall contain the following:
(1) Ara description of the liquid to be stored;
(2) the estimated volume of liquid generated and a proposed recordkeeping system to record actual
quantities stored;
(3) A -a schedule for liquid removal;
(4) A -a description of the final treatment and disposal of the liquid stored;
(5) A -a description of the liquid storage facility design;
(6) Ara contingency plan for managing unexpected surges in liquid quantities; and
(7) Ara closure plan prepared in accordance with Paragraph (f) of this Rule.
(c) Aboveground or onground tank requirements.
(1) Tanks may be constructed of concrete, steel, or other material approved by the Division. Tanks
shall be supported on a v&4swell-drained stable foundation which prevents movement,
rolling, or settling of the tank.
(A) The exterior surfaces of all aboveground and onground steel storage tanks shall be
protected by a primer coat, a bond seat -coat, and two or more final coats of paint or have
at least an equivalent surface coating system designed to prevent corrosion and
deterioration.
(B) The interior of all aboveground and onground tanks shall consist of or be lined with a
mmer-ia or shall be line'' with a mate -.`A, material resistant to the liquid being stored.
(2) All abevegr-e m and eartre„ra tanks Tanks shall have a secondary containment system which may
consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, or other systems capable
of containing the liquid stored.
(A) The design volume for the secondary containment system shall be 110 percent of the
volume of either the largest tank within the containment system or the total volume of all
interconnected tanks, whichever is greater.

C-200
(B) The secondary containment system shall be constructed of a material compatible with the
liquid being stored.
(3) A system shall be designed to contain and remove storm water from the secondary containment
area. Provisions shall be included for the removal of any accumulated precipitation and be initiated
within 24 hours or when 10 percent of the storage capacity is reached, whichever occurs first.
Disposal shall be in compliance with all applicable federal and State regulations.
(4) All aboveground and onground tanks shall be equipped with an overfill prevention system Whirl}
may ^eWde btit not b& n+ke to that shall include level sensors and gauges, high level alarms
alarms, or automatic shutoff controls. The overfill control equipment shall be inspected weekly by
the facility operator to ensure it is in good working order.
(5) The operator of the facility shall inspect the exterior of all tanks for leaks, corrosion, and
maintenance deficiencies weekly. Interior inspection of tanks shall be performed according to the
Division approved plan. If the inspection reveals a tank or equipment deficiency which could result
in failure of the tank to contain the liquid, remedial measures shall be taken immediately to eliminate
the leak or correct the deficiency. Inspection reports shall be maintained and made available to the
Division upon request for the lifetime of the liquid storage system.
(6) All uncovered tanks shall have a minimum two feet of freeboard. Odor and vector control shall be
practiced.pr-aetieed when
(d) Underground tank requirements.
(1) Underground tanks shall be placed a minimum of two feet above the seasonal high gretmd-
water-groundwater table and a minimum of two feet vertical separation shall be maintained between
bedrock and the lowest point of the tank.
(2) Tanks may be constructed of fiberglass reinforced plastic, steel that is cathodically protected, steel
that is clad with fiberglass, or any other materials approved by the Division.
(3) The secondary containment and continuous leak detection system shall be installed in the form of a
double -walled tank, designed as an integral structure so that any release from the inner tank is
completely contained by the outer shell.
(A) The leak detection system shall be monitored at least weekly using methods specified by
the operator and approved by the Division.
(B) Any tank system vulnerable to corrosion shall be protected from both corrosion of the
primary tank interior and the external surface of the outer shell.
(i) All resistant coatings applied to the primary tank interior shall be chemically
compatible with the liquid to be stored.
(ii) Cathodic protection systems, where installed, shall be inspected at least weekly
by the facility operator and any deficiencies shall be corrected when discovered.
(4) All underground tanks shall be equipped with an overfill prevention system ,..hick may include but
not be limite'l o that shall include level sensors and gauges, high level alarms alarms, or automatic

C-201
shutoff controls. The overfill control equipment shall be inspected weekly by the facility operator
to ensure it is in good working order.
(5) Inspection and leak detection monitoring reports shall be maintained and made available upon
request for the lifetime of the liquid storage system.
(e) Surface impoundment requirements.
(1) Any surface impoundment shall be constructed so that the bottom elevation of liquid is a minimum
of four feet above the seasonal high grog -water table and bedrock.
(2) Man ^ ffili i fflU ,. stir f ^Surface impoundments shall be designed and constructed with a liner system
equivalent to the liner system for the landfill unit generating the liquid.
(A) A surface impoundment designed and constructed to store leachate from a new-MSWLF
unit shall include a composite liner which conforms to the requirements of Rule
.'�.1624 of this Section.
(B) An alternative liner system which is designed and constructed to achieve at least an
equivalent containment e€€eieHe3-efficiency may be used. An equivalence demonstration
shall be included in the permit application and shall be approved by the Division.
(3) Construction of the liner system components shall be consistent with the pertinent requirements set
forth in Rule .' 624 (b)(8` ^�a (9) .1624(bl(81, (b (91, and (b)(101 of this Section; and a construction
quality assurance report shall be prepared by the project engineer.
(4) The top liner shall be protected from degradation and damage.
(5) A minimum of two feet of freeboard shall be maintained in the surface impoundment. Odor and
vector control shall be practiced.
(6) A gret�groundwater monitoring system shall be installed and sampled in a manner
consistent with the groingroundwater monitoring requirements for MSWLF units as set
forth in Rules .1631 through .'�.1637 of this Section, or using an alternative monitoring system
approved by the Division.
(7) An operation plan shall be prepared and followed for operation of the surface impoundment.
(f) Closure of leachate storage facilities.
(1) The owner or operator of the liquid storage facility shall prepare a written closure plan for the liquid
storage facility and submit the plan with the permit application for the solid waste management
facility.
(2) The owner or operator shall complete closure activities in accordance with the approved closure
plan and within 180 days after liquid collection has ceased.
(3) At closure, all solid waste shall be removed from the tank or surface impoundment, connecting lines,
and any associated secondary containment systems. All solid waste removed shall be properly
handled and disposed of according to federal and State requirements. All connecting lines shall be
disconnected and securely capped or plugged.

C-202
(A) Underground tanks shall be removed or thoroughly cleaned to remove traces of waste and
all accumulated sediments and then filled to capacity with a solid inert material, such as
clean sand or concrete slurry. If groingroundwater surrounding the tank is found
to be contaminated, the tank and surrounding contaminated soil shall be removed and
appropriately disposed. Other corrective actions to remediate the contaminant plume may
be required by the Department.
(B) Accessways to aboveground and onground tanks shall be securely fastened in place to
prevent unauthorized access. Tanks shall either be stenciled with the date of permanent
closure or removed. The secondary containment system shall be perforated to provide for
drainage.
(C) For surface impoundments, all waste residues, contaminated system components (liners,
etc.), contaminated subsoils, structures and equipment contaminated with waste shall be
removed and appropriately disposed. If the ground undwater surrounding the
impoundment is contaminated, other corrective actions to remediate a contaminant plume
may be required by the Department. If the ^r-atmd undwater surrounding the
impoundment is found not to be contaminated, the liner system may remain in place if
drained, cleaned to remove all traces of waste, and both liners punctured so that drainage
is allowed. The impoundment is to be backfilled and regraded to the surrounding
topography.
History Note: Authority G.S. 130A-294;
Eff October 9, 499-3 1993;
Readopted Elf. July 1, 2020.

From: Grozav, Anca
To: Montie, Jessica; Stanley, Sherri; Suaa, William P; Everett, Jennifer
Cc: Masich, Mollv; McGhee, Dana; Hollis, Carrie
Subject: Approval - 15B NCAC 13B .0531-.0545, .0547, .1601-.1627, .1629-.1637, .1680
Date: Tuesday, January 07, 2020 12:44:56 PM
Attachments: imaae001.Dna
imaae002.pnna
DEO 2020-01-07.odf
OSBM has reviewed the DEQ Division of Waste Management's proposed changes to rules 15B NCAC
13B .0531-.0545, .0547, .1601-.1627, .1629-.1637, .1680 in accordance with G.S. 150E-21.4 and with
E.O. 70 from 10/21/2010 as amended by E.O. 48 from 4/9/2014. The fiscal note has been approved
for publication. Please ensure that the state and local government impacts are included in the Notice
of Text and that the NC League of Municipalities and Association of County Commissioners are
notified.
The .pdf file of the rule impact analysis (attached) will be posted on our website at the following URL
(please allow for some time):
https://files.nc.gov/ncosbm/documents/files/DEQ 2020-01-07.pdf
Please post this link on your agency's website to ensure compliance with G.S. 1508-19.1(c)(5).
Please let me know if you have any questions.
Anca Grozav
Assistant State Budget Officer for Demographic and Economic Analysis
NC Office of State Budget and Management
984 236 0685 office
Please note my office number has changed starting November 19, 2019.
anca.erozavPosbm.nc.gov
Physical Location:
Dobbs Building,
430 N. Salisbury Street, 4th Floor, Raleigh, NC 27603
Mailing Address:
20320 Mail Service Center, Raleigh, NC 27699-0320
j MAIE N
OUNT +
CZNSV5 242-0
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.