HomeMy WebLinkAbout15A NCAC 13B .0101 DefinitionsSUBCHAPTER 13B - SOLID WASTE MANAGEMENT
SECTION .0100 - GENERAL PROVISIONS
15A NCAC 13B .0101 DEFINITIONS
The definitions in Article 9 of Chapter 130A of the General Statutes and the following definitions shall apply
throughout this Subchapter, except for Section .1500 of this Subchapter:
(1) "Aerated static pile composting" means the process in which decomposing organic material is
placed in piles over an active aeration system that is used to supply oxygen and to control
temperature for the purpose of producing compost.
(2) "Agricultural waste" means waste materials produced from the raising of plants and animals,
including animal manures, bedding, plant stalks, hulls, and vegetable matter.
(3) "Airport" means public -use airport open to the public without prior permission and without
restrictions within the physical capacities of available facilities.
(4) "Anaerobic digestion" means the biological process in which microorganisms break down
biodegradable organic material in the absence of oxygen.
(5) "Backyard composting" means the on -site composting of yard waste and food residuals by the
owner or tenant of a residential property. The waste material is generated only onsite, and the
resulting compost is used only onsite or on the owner or tenant's property.
(6) "Backyard vermicomposting" means the on -site vermicomposting by the owner or tenant of a
residential property using organic material from the residential property with the product produced
used only onsite or on the owner or tenant's property.
(7) "Collection center" means a collection point for the temporary storage of solid waste for individual
residential households who choose to transport solid waste generated on their own property to a
facility owned or operated by a local government, rather than directly to a solid waste management
facility permitted in accordance with the rules of this Subchapter. Collection centers are also
known as "convenience centers" and "drop -off -centers," and are not transfer stations for the
purpose of this Subchapter. A person, business, or local government facility that collects materials
for the purpose of recycling, and does not collect any solid waste for the purpose of disposal, is
not a collection center for the purpose of this Subchapter. A collection center shall operate in
accordance with Rule .0208(a) of this Subchapter.
(8) "Compost" means a decomposed, humus -like organic matter, produced in an aerobic composting
process that is designed and monitored to ensure that the product is free from pathogens, toxins, or
materials harmful at the point of end use. Compost is suitable for use as a soil conditioner and may
have varying nutrient values.
(9) "Compost facility" means a solid waste facility established in accordance with Section .1400 of
this Subchapter that utilizes a controlled biological process of degrading non -hazardous solid
waste. A compost facility may include:
(a) materials processing and hauling equipment;
(b) structures to control drainage;
(c) structures to collect and treat leachate; and
(d) storage areas for the incoming waste, the final products, and residual materials.
(10) "Composting" means the biological decomposition of organic waste by naturally occurring
bacteria under an aerobic process that is designed and monitored to yield a stable, humus -like,
pathogen -free compost product.
(11) "Composting pad" means a surface, whether soil or manufactured, where the process of
composting takes place, and where raw and finished materials are stored.
(12) "Construction and demolition debris landfill" and "C&DLF" mean a sanitary landfill unit
established in accordance with Rules .0531 through .0546 of this Subchapter for the land disposal
of C&D waste.
(13) "Curing" means a continuation of the composting process after the high heat stage during which
compost stability and maturity continue to increase. Curing occurs after completing the process to
further reduce pathogens and the requirements for vector attraction reduction.
(14) "C&D waste" means solid waste generated solely from the construction, remodeling, repair, or
demolition operations on pavement and buildings or structures. C&D waste includes municipal
and industrial solid wastes that are identical to materials generated from the construction,
remodeling, repair, or demolition operations on pavement and buildings or structures.
(15) "Demolition landfill" means a sanitary landfill that was limited to receiving stumps, limbs, leaves,
concrete, brick, wood, uncontaminated earth or other solid wastes approved by the Division,
which either ceased operation or was converted to a land clearing and inert debris landfill
(LCIDLF).
(16) "Digestate" means the organic material produced during the anaerobic digestion process. The
digestate is a wet mixture of solid and liquid that is rich in nutrients.
(17) "Division" means the Director of the Division of Waste Management or the Director's authorized
representative.
(18) "Erosion control measure, structure, or device" means physical devices constructed, and
management practices utilized, to control sedimentation and soil erosion such as silt fences,
sediment basins, check dams, channels, swales, energy dissipation pads, seeding, mulching, and
other similar items.
(19) "Explosive gas" means a landfill gas that will propagate a flame in air at 25 degrees Celsius and
atmospheric pressure, such as methane or hydrogen sulfide.
(20) "Floodplain", "base floodplain", "one -hundred -year floodplain", or "100-year floodplain" mean
"base floodplain" as defined in G.S. 143-215.52.
(21) "Foreign matter" means metals, glass, plastics, rubber, bones, and leather, but does not include
sand, grit, rocks, or other similar materials.
(22) "Hazardous waste" means the term as defined in G.S. 130A-290(a)(8). The term does not include
those solid wastes excluded from regulation pursuant to 40 CFR 261.4, incorporated by reference
in 15A NCAC 13A .0106. The term does include hazardous waste generated by very small
quantity generators as defined by 40 CFR 260.10, incorporated by reference in 15A NCAC 13A
.0102(b).
(23) "Incineration" means the disposal of solid, semi -solid, or gaseous combustible wastes through a
burning process designed to create a waste gas emission that complies with 15A NCAC 02D and a
waste residue containing little or no combustible material; but is not open burning.
(24) "Incinerator" means a device designed to dispose of solid, semi -solid, or gaseous combustible
wastes by incineration.
(25) "Industrial process waste" means any solid, semi -solid, or liquid waste generated by a
manufacturing or processing plant that is a result of the manufacturing or processing process. This
definition does not include packaging materials associated with such activities.
(26) "Industrial solid waste" means the term as defined in G.S. 130A-290(a)(13b). Such waste may
include waste resulting from electric power generation, water treatment, and manufacturing
processes for the following:
(a) fertilizer/agricultural chemicals;
(b) food and related products or byproducts;
(c) inorganic chemicals;
(d) iron and steel;
(e) leather and leather products;
(f) nonferrous metals or foundries;
(g) organic chemicals;
(h) plastics and resins;
(i) pulp and paper;
0) rubber and miscellaneous plastic products;
(k) stone, glass, clay, and concrete products;
(1) textiles; and
(m) transportation equipment.
This term does not include mining waste or oil and gas waste.
(27) "Industrial solid waste landfill" and "ISWLF" mean a sanitary landfill unit established in
accordance with Rules .0503 through .0505 of this Subchapter for the disposal of industrial solid
waste, or for the exclusive disposal of scrap tires also known as a tire monofill.
(28) "Inert debris waste" means inert debris that consists solely of asphalt, cured concrete, brick,
concrete block, gravel, and rock. Inert debris waste shall not contain chemical adhesives or
sealants, or lead -based paint.
(29) "In -vessel composting" or "within -vessel" means the process in which decomposing organic
material is enclosed in a drum, silo, bin tunnel, or other container for the purpose of producing
compost under aerobic conditions.
(30) "Land clearing and inert debris landfill" or "LCIDLF" mean a landfill unit established in
accordance with Rules .0563 through .0567 of this Subchapter for the disposal of yard waste and
inert debris waste.
(31) "Land clearing waste" means land -clearing debris that consists solely of stumps, trees, limbs,
brush, grass, and other naturally occurring vegetative material.
(32) "Landfill gas" means a gas or mixture of gases generated by the decomposition of solid waste in a
landfill.
(33) "Licensed geologist" means the term as defined in G.S. 89E.
(34) "Licensed professional engineer" means "professional engineer" as defined in G.S. 89C.
(35) "Licensed professional land surveyor" means "professional land surveyor" as defined in G.S. 89C.
(36) "Licensed soil scientist" means the term as defined in G.S. 89F.
(37) "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases that
will propagate a flame in air at 25 degrees Celsius and atmospheric pressure.
(38) "Microbiological waste" means cultures and stocks of etiologic agents. The term includes cultures
of specimens from medical, pathological, pharmaceutical, research, commercial, and industrial
laboratories.
(39) "Mulch" means a material generated from the chipping or grinding of naturally occurring wood
waste such as tree stumps, limbs, and branches. Mulch shall not contain material generated from
engineered, treated, or manufactured wood waste such as creosote telephone poles or railroad ties;
laminated wood including flooring; painted, stained, or oiled wood; plywood; or composite boards
such as particle board, medium -density fiberboard (MDF), oriented strand board (OSB), or similar
products manufactured by binding or fixing the strands, particles, fibers, veneers, or boards of
wood together to form a composite material. Mulch may contain material generated from the
chipping or grinding of wooden pallets or skids only if the wood used in their construction is
naturally occurring and has not been engineered, treated, or manufactured.
(40) "Municipal solid waste landfill" and "MSWLF" mean a sanitary landfill unit established in
accordance with Section .1600 of this Subchapter for the disposal of municipal solid waste.
(41) "One -hundred -year flood", "100-year flood", or "base flood" means "base flood" as defined in
G.S. 143-215.52.
(42) "Open burning" means the term as defined in 15A NCAC 02D .1902.
(43) "Pathogens" means organisms that are capable of producing infection or diseases, often found in
waste materials.
(44) "Pathological waste" means the following wastes that are removed during surgery and autopsies:
human tissues, organs, body parts, secretions and excretions, and blood and body fluids. It also
includes the carcasses and body parts of animals that have been exposed to pathogens in research,
were used in the production of biologicals or in the in vivo testing of pharmaceuticals, or that died
of a known or suspected infectious disease.
(45) "Putrescible waste" and "putrescent" mean solid waste that is capable of or is generating odors and
gases from the process of decomposition by microorganisms. Putrescible waste or solid waste that
may become putrescent may include medical waste, kitchen and food waste, offal, and carcasses.
(46) "Regulated medical waste" means blood and body fluids in individual containers in volumes
greater than 20 milliliters, microbiological waste, and pathological waste that have not been
treated pursuant to Rule .1204 of this Subchapter.
(47) "Residues from agricultural products and processing" means solids, semi -solids, or liquid residues
from food and beverage processing and handling, silviculture, agriculture, and aquaculture
operations. The residues shall be non -toxic, non -hazardous, and shall contain no domestic
wastewater.
(48) "Respondent" means the person against whom an administrative penalty has been assessed.
(49) "Sanitary landfill' means the term as defined in G.S. 130A-290(31). Landfills permitted in
accordance with Rules .0503 through .0505 and .0510; Rules .0531 through .0546; and Section
.1600 of this Subchapter are sanitary landfills. Land clearing and inert debris landfills are not
sanitary landfills.
(50) "Sediment" means the term as defined in G.S. 113A-52.
(51) "Septage management facility" means land, personnel, and equipment used in the management of
septage, including septage management firms as defined in G.S. 130A-290(a)(33), septage
detention and treatment facilities, and septage land application sites established in accordance with
Rules .0831 through .0846 of this Subchapter.
(52) "Silt" means sediment resulting from accelerated erosion that is settleable or removable by control
measures that are designed, constructed, and maintained and has been transported from its point of
origin within the site land -disturbing activity and has been deposited, or is in suspension in water.
(53) "Silviculture waste" means waste materials produced from the care and cultivation of forest trees,
including bark and woodchips.
(54) "Soil' means the unconsolidated mineral and organic material of the land surface. It consists of a
mixture of organic matter and of sand, silt, and clay minerals.
(55) "Solid waste collector" means any person who collects or transports solid waste by methods such
as highway, rail, and navigable waterway.
(56) "Solid waste generator" means any person who produces solid waste.
(57) "Spoiled food" means any food that has been removed from sale by the United States Department
of Agriculture, the N.C. Department of Agriculture and Consumer Services, or any other
regulatory agency having jurisdiction in determining that food is unfit for consumption.
(58) "Temporary debris storage and reduction site" means a site that complies with the requirements of
Rule .0208(b) of this Subchapter for the storage and processing of additional waste generated from
the following:
(a) an incident that caused a declaration of a state of emergency or disaster in accordance
with Chapter 166A, Article IA, Part 4 of the General Statutes to assist with local and
State recovery and compliance with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, as amended; or
(b) a hurricane, tornado, severe storm, ice storm, or a 100-year flood event.
(59) "Transfer station" means a permanent structure with mechanical equipment established in
accordance with Section .0400 of this Subchapter that is used for the collection, consolidation, or
compaction of solid waste prior to the transportation of solid waste for final disposal.
(60) "Treatment and processing facility" means a facility established in accordance with Section .0300
of this Subchapter for the treatment and processing of solid waste prior to the transportation of
solid waste for final disposal or for utilization by reclaiming or recycling.
(61) "Vector" means a carrier, such as rodents, insects, and birds, that is capable of transmitting a
pathogen from one organism to another.
(62) "Vermicompost" means the product of the vermicomposting process that is a dark, fertile mixture
of decomposed organic waste, bedding material, and granular castings.
(63) "Vermicomposting" means the controlled and managed process by which live worms convert
organic materials into vermicompost.
(64) "Vermiculture" means raising of earthworms for the purpose of vermicomposting.
(65) "Water supply watershed" means an area from which water drains to a point or impoundment, and
the water is then used as a source for a public water supply.
(66) "Water table" means the term defined in 15A NCAC 02L .0102.
(67) "Windrow composting" means a process for compost production in which decomposing organic
materials are placed in piles and are turned or agitated to assure all parts of the decomposing
material meet the requirements of Section .1400 of this Subchapter for pathogen reduction and
vector attraction reduction.
(68) "Working face" means that portion of the solid waste disposal site where solid wastes are
discharged, spread, and compacted prior to the placement of cover material.
(69) "Yard waste" means land -clearing waste and yard trash.
History Note: Authority G.S. 130A-294,
Eff April 1, 1982;
Amended Eff. August 1, 2008; October 1, 1995; January 4, 1993; December 1, 1991; February 1,
1991;
Readopted Eff January 1, 2021.