13B_.1700_RepealAndNewRule .1713

SECTION. 1700 - REQUIREMENTS FOR BENEFICIAL USE OF COAL COMBUSTION PRODUCTS
15A NCAC 13B .1701 DEFINITIONS
15A NCAC 13B .1702 GENERAL PROVISIONS FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1703 NOTIFICATION FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1704 SITING FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1705 DESIGN, CONSTRUCTION, AND OPERATION FOR STRUCTURAL FILL
FACILITIES
15A NCAC 13B .1706 CLOSURE OF STRUCTURAL FILL FACILITIES
15A NCAC 13B .1707 RECORDATION OF STRUCTURAL FILL FACILITIES
15A NCAC 13B .1708 OTHER USES FOR COAL COMBUSTION BY-PRODUCTS
15A NCAC 13B .1709 STORAGE AND CONTAINMENT OF COAL COMBUSTION BY-PRODUCTS
15A NCAC 13B .1710 ANNUAL REPORTING
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994;
Repealed Eff. May 1, 2021.
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15A NCAC 13B .1713 REQUIREMENTS FOR EXISTING STRUCTURAL FILLS
(a) This Rule shall apply to existing structural fills. The definitions found in G.S. 130A-290 and G.S. 130A-309.201
shall apply to this Rule. For the purposes of this Rule, "existing structural fill" shall mean a structural fill in which
coal combustion products were placed prior to September 20, 2014 in accordance with the rules of this Subchapter
that were effective at the time of placement of the coal combustion products. Prior editions of the rules in this Section
can be obtained free of charge from the Division of Waste Management at 217 West Jones Street, Raleigh, NC 27603.
This Rule shall not apply to structural fills contracted for on or after September 20, 2014.
(b) Upon closure, an existing structural fill shall comply with the requirements of G.S. 130A-309.222(a). For the
purposes of this Rule, "final cover" as required in G.S. 130A-222(a)(1) shall mean one of the following:
(1) no less than 12 inches of compacted earth and an additional six inches of soil capable of supporting
native plant growth on the surface;
(2) an impervious surface such as concrete or asphalt; or
(3) a building or structure that does not allow infiltration of precipitation.
(c) Following closure, an existing structural fill shall be maintained to comply with the requirements set forth in G.S.
130A-309.220(a)(1), (5), (6), (8), (9) and (11), except that the requirements shall not retroactively apply to the design,
construction, development, or operation of an existing structural fill. An existing structural fill is subject to the
groundwater quality requirements of 15A NCAC 02L and the surface water quality standards set forth in 15A NCAC
02B.
(d) Following closure, an existing structural fill shall comply with following:
(1) the landowner of the property where the existing structural fill is located shall not move or change
the property boundaries in a way that reduces the existing 25-foot buffer between the existing
structural fill and the property boundaries;
(2) the landowner of the property where the existing structural fill is located shall maintain the existing
100-foot buffer between the existing structural fill and any sources of drinking water on land under
the control of that landowner; and
(3) final cover as defined in Paragraph (c) of this Rule shall be maintained.
(e) An existing structural fill shall be recorded in accordance with G.S. 130A-309.223, except that every use of the
term "coal combustion residuals" shall be replaced with the term "coal combustion products."
History Note: Authority G.S. 130A-294; 130A-309.207; 130A-309.226,
Eff. May 1, 2021.
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