N0047_INSP_20220323

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Carteret
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: LCIDN-N0047-
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Inspection: 23 March 2022 Date of Last Inspection: 21 April 2020

FACILITY NAME AND ADDRESS:
Garner Construction LCID Landfill
310 Herring-Smith Lane
Newport, NC 28570

GPS COORDINATES: N: 34.76751 E: -076.84179

FACILITY CONTACT NAME AND PHONE NUMBER:
Morgan L Garner
252.223.4019

FACILITY CONTACT ADDRESS:
Garner Construction Company
5970 US Highway 70
Newport, NC 28570
Attn: Morgan Garner

PARTICIPANTS:
Ray Williams; NCDEQ-Solid Waste

STATUS OF PERMIT:
Active: Notified Landclearing and Inert Debris (LCID) Landfill

PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection

STATUS OF PAST NOTED VIOLATIONS:
1) 15A NCAC 13B .0564 (9)(a) states “The facility shall meet the following minimum buffer requirements: 50 feet
from the waste boundary to all surface waters of the state…” Unresolved
2) 15A NCAC 13B .0564 (9)(b) states “The facility shall meet the following minimum buffer requirements: 100
feet from the disposal area to property lines…” Unresolved
3) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the
facility.” Unresolved
4) 15A NCAC 13B .0566 (3) states “Solid waste shall be restricted to the smallest area feasible and compacted
as densely as practical into cells.” Unresolved
5) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area
reaches one acre in size, whichever occurs first.” Unresolved
6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized
to prevent silt from leaving the site and to prevent excessive on site erosion.” Unresolved
7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be
accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill
development.” Unresolved
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 2 of 9

8) 15A NCAC 13B .0566 (8) states “The facility shall be adequately secured by means of gates, chains, berms,
fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all
times while the landfill is open for public use to assure compliance with operational requirements and to prevent
acceptance of unauthorized wastes.” Unresolved

OBSERVED VIOLATIONS:
1) 15A NCAC 13B .0564 (9)(a) states “The facility shall meet the following minimum buffer requirements: 50 feet
from the waste boundary to all surface waters of the state…”
2) 15A NCAC 13B .0564 (9)(b) states “The facility shall meet the following minimum buffer requirements: 100
feet from the disposal area to property lines…”
3) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the
facility.”
4) 15A NCAC 13B .0566 (3) states “Solid waste shall be restricted to the smallest area feasible and compacted
as densely as practical into cells.”
5) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area
reaches one acre in size, whichever occurs first.”
6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized
to prevent silt from leaving the site and to prevent excessive on site erosion.”
7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be
accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill
development.”
8) 15A NCAC 13B .0566 (8) states “The facility shall be adequately secured by means of gates, chains, berms,
fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all
times while the landfill is open for public use to assure compliance with operational requirements and to prevent
acceptance of unauthorized wastes.”

Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above.

ADDITIONAL COMMENTS:
1) This Facility is a Land-Clearing and Inert Debris (LCID) Landfill Notification.
2) This Facility is recorded with the Carteret County Register of Deeds at: Book #0193; Page #0042
3) This Facility is permitted to receive for disposal:
a. Land Clearing Waste: stumps, trees, limbs, brush, grass, and other naturally occurring vegetative
materials generated solely from land clearing activities.
b. Yard Trash: brush, grass, tree limbs, and similar vegetative materials resulting from landscaping and
yard maintenance.
c. Inert Debris and Untreated Wood: concrete, brick, concrete block, uncontaminated soil, gravel and
rock, untreated and unpainted wood; and
d. Used Asphalt: used asphalt or asphalt mixed with dirt, sand, gravel, rock, and concrete.
4) The disposal area for this Facility may not exceed 2 acres in total size.
5) The access road to the Facility is being managed properly at this time.
6) This Facility is secured by a locked gate at the facility entrance and has controlled access for safety. The gate
was open upon my arrival and no attendant was on site during this Facility Compliance Inspection. *Moving
forward, the gate should be closed and locked any time there is no attendant on site.
7) The landfill disposal area has not been staked to mark the permitted disposal area. *Within thirty days of
receipt of this Facility Compliance Inspection Report, the waste disposal boundary should be measured and
The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance
with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 3 of 9

the perimeter of the landfill should be staked with permanent, highly visible markers to identify the landfill
footprint boundaries and all required buffers as listed in 15A NCAC 13B .0564 (9) on your LCID notification
form. Any waste found to have been placed within this buffer should be pulled back to within the proper
disposal area.
8) The landfill disposal area appears to have encroached the required 50’ buffer from surface waters along the toe
of the southeastern side of the landfill (please see the aerial photo on page 5 of this report). *Within thirty days
of receipt of this Facility Compliance Inspection Report, please measure the landfill disposal footprint and all
required buffers. All waste found to be disposed within the required buffer areas should be pulled back far
enough to provide for the required buffer distance(s) from the toe of the disposal area.
9) The landfill disposal area appears to have encroached the required 100’ buffer from the property line along the
toe of the northwestern side of the landfill (please see the aerial photo on page 5 of this report). *Within thirty
days of receipt of this Facility Compliance Inspection Report, please measure the landfill disposal footprint and
all required buffers. All waste found to be disposed within the required buffer areas should be pulled back far
enough to provide for the required buffer distance(s) from the toe of the disposal area.
10) The waste type being disposed is LCID waste only; no unacceptable waste streams were observed during this
Facility Compliance Inspection.

11) It appears that the active areas of landfill have not been covered in some time. *Moving forward, please
ensure that the active working area is covered and graded monthly, or when the active working area reaches
one acre in size, whichever occurs first.
12) Some of the outside slopes of the landfill appear to have been graded at a slope greater than 3:1. *Within
thirty days of receipt of this Facility Compliance Inspection Report, plans need to be underway to cover and
grade all outside slopes at a slope not greater than 3:1. Moving forward all outside slopes should be
constructed and maintained at a slope not greater than 3:1.
13) The outside slopes have not been compacted and covered as required. *Within thirty days of receipt of this
Facility Compliance Inspection Report, please compact and cover all outside slopes. After completion all
repaired areas should be seeded and mulched to establish a groundcover suitable to prevent erosion of the
landfill cap system.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 4 of 9

14) Portions of the access area around the toe of the landfill have overgrown with brush and other woody-type
vegetation making the landfill toe inaccessible in many areas. *Within thirty days of receipt of this Facility
Compliance Inspection Report, please mow/clear the access around the entire perimeter of the landfill.
15) No off-site erosion was noted during this Facility Compliance Inspection.
16) *Please note that, as of 1 January 2021, all LCID Landfills must come into compliance with 15A NCAC 13B
.0563 (6) in that “Within five years of the readopted effective date of this Rule, the owner or operator of a
notified LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the
requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b) of this
Section, except that the required notification of closure is not required to be certified. For the purpose of this
Rule, "notified LCIDLF" means a site that was not required to obtain a permit from the Division prior to the
readopted effective date of this Rule because the site was designed and constructed to be two acres or less in
size, and was required to record a notification for the site with the Register of Deeds' office and submit the
notification to the Division.” A copy of these rules is attached at the end of this Facility Compliance
Inspection Report.
17) *Corrective actions are required as a result of this Facility Compliance Inspection.

Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.

Ray Williams; Environmental Senior Specialist Phone: [phone] E-mail: [e-mail]

Regional Representative

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Delivered on: 24 March 2022 by Electronic delivery US Mail X Certified No. [7021 0350 0000 4418
4913]

cc: Andrew Hammonds; Eastern District Supervisor/SWS: [e-mail]

C: \2022\Carteret\Notifications\LCID\N0047\Inspections\N0047_INSP_20220323
NCDEQ DWM Laserfiche Online Document Management System:
https://edocs.deq.nc.gov/WasteManagement/Browse.aspx?id=741909&dbid=0&repo=WasteManagement


 Go Green! Thank you for helping NCDEQ be environmentally responsible.    

Approximate property boundary marked in yellow. 
Approximate location of creek/surface waters marked in blue. 

15A NCAC 13B .0563 GENERAL REQUIREMENTS FOR LCIDLFS
The owner or operator of a land clearing and inert debris landfill (site) shall obtain a permit from the Division, unless
exempted from permitting pursuant to G.S. 130A-294(a)(4)a. A site shall comply with Rules .0564 through .0567 of
this Section, and the following requirements:
(1) The site shall accept only yard waste and inert debris waste for disposal.
(2) The site shall comply with all other federal, State, and local laws, ordinances, rules, regulations, and
orders, including zoning regulations, flood plain regulations, wetland regulations, sedimentation and
erosion control regulations, and mining regulations.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
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(3) Permits issued by the Division for land clearing and inert debris landfills shall be valid for five years,
and shall be subject to the permit fees set forth in G.S. 130A-295.8.
(4) A permit shall not be required for a site that meets the following conditions:
(a) the site is within the right-of-way of a N.C. Department of Transportation project;
(b) the site accepts only yard waste and inert debris waste that was generated from within the
same N.C. Department of Transportation project right-of-way that the site is located in;
(c) the site disposal area does not exceed two contiguous acres in size; and
(d) the site complies with Rule .0564 of this Section.
(5) Owners or operators shall not construct or operate more than one site that is exempted from permitting
in accordance with G.S. 130A-294(a)(4)a. on any single parcel of land.
(6) Within five years of the readopted effective date of this Rule, the owner or operator of a notified
LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the
requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b) of
this Section, except that the required notification of closure is not required to be certified. For the
purpose of this Rule, "notified LCIDLF" means a site that was not required to obtain a permit from
the Division prior to the readopted effective date of this Rule because the site was designed and
constructed to be two acres or less in size, and was required to record a notification for the site with
the Register of Deeds' office and submit the notification to the Division.

15A NCAC 13B .0564 SITING CRITERIA FOR LCIDLFS
A land clearing and inert debris landfill (site) shall meet the following siting criteria:
(1) Floodplain Restrictions: A site shall not be located in the 100-year floodplain.
(2) Cultural Resources Restrictions: A site and site operations shall not damage or destroy a property of
archaeological or historical significance that has been listed on the National Register of Historic
Places or included on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300.
(3) State Nature and Historic Preserve Restrictions: A site and site operations shall not have an adverse
impact on any component included in the State Nature and Historic Preserve pursuant to G.S. 143-
260.10.
(4) Endangered and Threatened Species Restrictions: A site and site operations shall not jeopardize the
continued existence of endangered or threatened species or result in the destruction or adverse
modification of a critical habitat, protected under the Federal Endangered Species Act of 1973, Public
Law 93-205, as amended.
(5) Clean Water Act Requirements: A site and site operations shall:
(a) not cause a discharge of pollutants into waters of the United States, including wetlands, that
violates any requirements of the Clean Water Act, including the National Pollutant Discharge
Elimination System (NPDES) requirements pursuant to Section 402 of the Clean Water Act;
(b) comply with Section 404 of the Clean Water Act; and
(c) not cause the discharge of a nonpoint source of pollution to waters of the United States,
including wetlands, that violates any requirement of an area-wide or Statewide water quality
management plan that has been approved under Section 208 or 319 of the Clean Water Act.
(6) Buffer Requirements: A site shall maintain the following buffer requirements:
(a) 50 feet from the waste boundary to waters of the State as defined in G.S. 143-212.
(b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or
public buildings, and potable wells.
The Division may establish alternative site-specific buffers in the permit conditions if it is necessary
for the preservation of public health and the environment.
(7) The site shall establish and maintain an access road around the waste boundary for access by
emergency or fire-fighting vehicles and equipment.
(8) The site shall have soil available for cover either on site or from on or off site.
(9) The site and site operations shall comply with 15A NCAC 02L for protection of groundwater quality.
The bottom elevation of the waste shall be no less than four feet above the seasonal high groundwater
table as defined in Rule .0532 of this Section.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 7 of 9

15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LCIDLFS
(a) A permit applicant for a proposed land clearing and inert debris landfill (site) permit shall submit to the Division
one electronic copy of a permit application, which shall contain the following information:
(1) a copy of the deed for the site property, including the property owner's name, the parcel identification
number, and a legal description of the property;
(2) an approval letter from the unit of local government having zoning authority over the area where the
site is to be located stating that the site meets the requirements of the local zoning ordinance, or that
the site is not zoned;
(3) a county road map showing the location of the site;
(4) letters from both the State Historic Preservation Office and the Natural Heritage Program within the
Department of Natural and Cultural Resources stating whether the proposed use of the property will
impact the historic sites described in Rule .0564(a)(2) of this Section; State nature and historic
preserves described in Rule .0564(a)(3) of this Section; or the endangered or threatened species
described in Rule .0564(a)(4) of this Section located at the site;
(5) a description of how the site will comply with Rule .0564 of this Section;
(6) a map or aerial photograph, representative of existing conditions, with a scale of at least one inch
equals 400 feet showing the following in an area within one-fourth mile of the site:
(A) the entire property or portion thereof where the site is proposed to be located;
(B) the location of all homes, buildings, public or private utilities, roads, wells, watercourses,
water or other impoundments, and any other features that the Division may request in writing
if it is necessary to determine compliance with this Subchapter;
(C) the 100-year floodplain boundaries, if any;
(D) boundaries of wetlands as defined in Section 404(b) of the Clean Water Act, if any;
(E) the boundaries of sites described in Rule .0564(2) and (3) of this Section, if any;
(7) development and design plans and drawings for the site, at a scale of at least one inch equals 100 feet,
with specifications containing the following information:
(A) property boundaries, dimensioned with bearings and distances, tied to North Carolina grid
coordinates where available;
(B) easements and rights-of-way;
(C) existing on-site and adjacent structures such as houses, buildings, wells, roads and bridges,
water and sewer utilities, septic fields, and storm drainage features;
(D) proposed and existing roads, points of ingress and egress, and access controls such as gates,
fences, or berms;
(E) buffer and set back lines and buffered boundaries or features;
(F) springs, streams, creeks, rivers, ponds, and other surface waters and impoundments;
(G) wetlands, if any;
(H) boundary of the proposed waste area;
(I) the proposed bottom elevation of the waste in relation to the seasonal high groundwater table
as defined in Rule .0532 of this Section;
(J) existing topography with contours of five-foot intervals. A smaller interval shall be utilized
if it is necessary to clarify existing topographic conditions;
(K) proposed excavation, grading, and final contours at five-foot intervals. A smaller interval
shall be utilized if it is necessary to clarify proposed grading. Excavation, grading, and fill
material side slopes shall not exceed a ratio of three horizontal to one vertical;
(L) where an on-site borrow pit for operational and final cover is proposed, indicate the borrow
pit excavation and grading plan with contours of five-foot intervals. A smaller interval shall
be utilized if it is necessary to clarify proposed grading;
(M) proposed surface water control features and devices such as slope drains, storm water pipes,
inlets, culverts, and channels;
(N) information showing that the project meets the requirements of 15A NCAC 04 for
sedimentation and erosion control;
(O) location of test borings or test pits, if used to determine the seasonal high groundwater table
elevation; and
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 8 of 9

(P) no less than two cross-sections, one each along each major axis, per operational area showing
original elevations, proposed excavation, and proposed final elevations;
(8) an operations plan addressing the requirements in Rule .0566 of this Section that shall contain the
following information:
(A) the name, address, phone number, and e-mail address of the site owner and operator;
(B) a description of systematic usage of disposal area, operation, and development of the site;
(C) the type, source, and quantity of waste to be accepted; and
(D) an emergency contingency plan, including fire-fighting procedures;
(9) a closure and post-closure plan addressing the requirements in Rule .0567 of this Section that shall
contain the following information:
(A) the procedures and schedule for closure of the site;
(B) the projected use of the property after closure of the site; and
(C) the procedures and schedule for post-closure care maintenance, and for post-closure
groundwater, surface water, or explosive gas monitoring if it is required by the Division to
determine compliance with Rule .0566(11) or (13) of this Section; and
(10) other information that the Division may request in writing if it is necessary to determine compliance
with the rules of this Subchapter.
(b) If required by G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional
engineer or licensed geologist shall certify the information submitted in accordance with Subparagraphs (a)(6) through
(a)(10) of this Rule.
(c) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
(d) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into
the permit and the site shall comply with the permit in accordance with Rule .0203(d) of this Subchapter.
(e) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the
permit by submitting a written request to the Division that includes the modified plan and a demonstration showing
how the proposed modifications comply with the rules of this Section. The Division shall respond to the request in
writing within the timeline provided in G.S. 130A-295.8(e); and the response shall either approve or deny the request
as submitted or request that additional information be submitted for the Division to consider the request. The
Division's approval shall be based on whether the modification complies with the rules of this Subchapter. If the
Division approves the request as submitted or upon receiving the additional information requested, the Division's
written approval and the revised pages of the plan shall be added to the site's operating record. The owner or operator
shall not implement the modification until the Division has issued an approval.
(f) The permit issued by the Division shall be recorded with the Register of Deeds in the same manner as sanitary
landfills in accordance with G.S. 130A-301.

15A NCAC 13B .0566 OPERATIONAL REQUIREMENTS FOR LCIDLFS
The owner or operator of a land clearing and inert debris landfill (site) shall comply with the permit conditions, the
plans incorporated into the permit in accordance with Rule .0565(d) of this Section, and the following operational
requirements:
(1) The site shall only accept those solid wastes that it is permitted to receive.
(2) Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of three horizontal to
one vertical at any time.
(3) All waste shall be covered with no less than six inches of soil monthly, or when the working face
reaches one acre in size, whichever occurs first. Any soils used for cover at the site shall meet
unrestricted use standards for soils as defined in G.S. 130A-310.65.
(4) 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, shall be covered with no less than one foot of
soil cover sloped to direct the flow of surface water from the landfill, and stabilized with vegetative
ground cover or other stabilizing material. The Division may require further action to correct any
condition that the Division determines may be injurious to the public health, or a nuisance to the
community.
(5) erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site
and to prevent on-site erosion, and shall comply with 15A NCAC 04.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20220323
Page 9 of 9

(6) The site shall be secured by barriers such as gates, chains, berms, and fences to prevent unauthorized
access. An operator shall be on duty at all times while the site is open for public use to assure
compliance with operational requirements and to prevent acceptance of unauthorized wastes.
(7) Access roads shall be of all-weather construction and shall be maintained to allow access by vehicles
transporting waste, Department staff, and fire-fighting vehicles.
(8) Surface water shall be diverted from the working face and shall not be impounded over waste.
(9) Solid waste shall not be disposed of in water.
(10) Fire Protection and Control.
(a) Open burning of solid waste is prohibited, unless approval has been obtained from the
Division, the local government, and the Division of Air Quality in accordance with 15A
NCAC 02D .1900 prior to any burning activity.
(b) Hot ashes, cinders, and waste that is smoldering, smoking, or burning shall not be disposed
of in the landfill. The waste screening procedures described in the operations plan in
accordance with this Rule shall address identification and rejection of this waste.
(c) The owner or operator shall provide equipment on-site to control fires and make
arrangements with a local fire protection agency to provide fire-fighting services.
(d) The owner or operator shall provide verbal notification to the Division of fires that occur at
the site within 24 hours of the fire and shall submit written notification to the Division within
15 days of the fire. The notification shall include the site name and permit number; the date
and time of the fire; actions taken by the owner or operator in response to the fire; the cause
of the fire; the location and size of the fire; the type and amount of waste that caught fire; a
plan of action to prevent fires in the future; the name and title of the person submitting this
information; and the date the information is submitted.
(11) The concentration of explosive gases generated by the site shall not exceed:
(a) twenty-five percent of the lower explosive limit for the gases in site structures; or
(b) the lower explosive limit for the gases at the property boundary.
The Division may require quarterly monitoring of explosive gases if it is necessary to determine
compliance with this Item. If the Division requires monitoring, the Division shall provide written
notice of the requirement to the owner or operator.
(12) Leachate shall be contained and managed on-site.
(13) The site shall comply with 15A NCAC 02L for the protection of groundwater quality, and the surface
water quality standards established in 15A NCAC 02B.
(14) A sign shall be posted at the site entrance showing the site contact's name and phone number, the
permit number, emergency contact information, and the waste types accepted for disposal at the site.
(15) Inert debris waste accepted at the site shall be placed within the permitted landfill footprint unless it
is being processed for recycling or reuse. Inert debris waste shall not be placed as beneficial fill as
defined in Rule .0562 within the site buffer areas or elsewhere on the property unless stated in the
site permit.
(16) The owner or operator shall submit to the Division upon written request any information or records
required to be kept under the conditions of the permit or the rules of this Section.

History Note: Authority G.S. 130A-294;
Eff. January 4, 1993;
Readopted Eff. January 1, 2021.