13B_.1800_HearingOfficersReport

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HEARING OFFICER'S REPORT OF PROCEEDINGS OF
PUBLIC HEARING AND COMMENT PERIOD
Readoption and Amendments to
15A NCAC 13B .0546, .1105, .1111, .1628, and Section .1800
Financial Assurance Requirements for Solid Waste Management Facilities
Environmental Management Commission
May 7, 2020

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Basic Information
Commission: Environmental Management Commission
Groundwater and Waste Management Committee
Agency Department of Environmental Quality, Division of Waste Management,
Solid Waste Section
Title Financial Assurance Requirements for Solid Waste Management Facilities
Citations 15A NCAC 13B .0546, .1105, .1111, .1628, and .1801 - .1806
Description of the It is the responsibility of the Division of Waste Management Solid Waste
Proposed Rules Section to regulate how solid waste is managed within the state under the
statutory authority of the Solid Waste Management Act, Article 9 of Chapter
130A of the General Statutes. State rules governing solid waste
management are found in Title 15A, Subchapter 13B of the North Carolina
Administrative Code. Existing rules adopted under the authority of 130A-
295.2 which establish standards for financial assurance requirements for
solid waste management facilities are found in Subchapter 1313, Rules .0546,
.1111, and .1628.
Agency Contact Jessica Montie
Environmental Program Consultant
[e-mail]
[phone]
Authority G.S. 130A-295.2; G.S. 15013-21.3A
Statement of Necessity Rules .0546 and .1628 are proposed for readoption in accordance with G.S.
15013-21.3A. Rule .1105 is proposed for amendment to incorporate some
requirements from Rule .1111, which is proposed for readoption as a repeal
in accordance with G.S. 15013-21.3A. Rules .1801 - .1806 are proposed for
adoption as a part of the readoption process in accordance with G.S. 15013-
21.3A, with the majority of the requirements in existing Rules .0546, .1111,
and .1628 being moved to Section .1800.
Hearing Officer EMC Commissioner John McAdams
Comment Period February 17, 2020 to April 17, 2020
Public Hearing March 3, 2020
Comment Summary One comment was received on the proposed rules at the public hearing in
general support of the rule changes. Two written comment letters were
received on the proposed rules during the public comment period. One
comment letter was received prior to the comment period and the comments
were addressed in the amendments made prior to publication.
Appendices 1 — Agency Head Certification
2 — Hearing Officer Designation Memo
3 — Hearing Attendance Sheet and Transcript
4 — Written Comments Received During the Comment Period

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Rule Summary and Backaround
It is the responsibility of the Division of Waste Management (Division) Solid Waste Section (Section) to
regulate how solid waste is managed within the state under the statutory authority of the Solid Waste
Management Act, Article 9 of Chapter 130A of the General Statutes. State rules governing solid waste
management are found in Title 15A, Subchapter 13B of the North Carolina Administrative Code.
Existing rules adopted under the authority of 130A-295.2 which establish standards for financial
assurance requirements for solid waste management facilities are found in Subchapter 13B, Rules
.0546, .1111, and .1628.
Rules .0546, .1105, and .1628 are proposed for readoption in accordance with G.S. 150B-21.3A. Rule
.1111 is proposed for readoption as a repeal in accordance with G.S. 150B-21.3A. The existing rules
are required to be readopted by the Environmental Management Commission (EMC) by the deadline
established by the Rules Review Commission (RRC) of April 30, 2021. General amendments to the
rules include consolidation of most of the requirements in existing Rules .0546, .1111, and .1628 into
proposed new Section .1800. Rule .1111 will be repealed, while Rules .0546, .1105, and .1628 will be
amended to reference the requirements in general statute for financial responsibility and financial
assurance, and to also reference new Section .1800 for standards for financial assurance. New Section
.1800 is proposed to apply to all solid waste management facilities as required by general statute.
The North Carolina Office of State Budget and Management approved the Regulatory Impact Analysis
for these rules on October 11, 2019, and the analysis indicated no impacts to state or local governments
and no substantial economic impact as a result of the amendments.
Public Comment and Hearing
The proposed rules and the Regulatory Impact Analysis were approved by the EMC to proceed to public
comment and hearing at the January 9, 2020 EMC meeting, and Commissioner John McAdams was
designated as the hearing officer. The Agency Certification and Hearing Officer Designation Memo are
included in Appendices 1 and 2, respectively.
The proposed rules were published in the NC Register, and the proposed rules and Regulatory Impact
Analysis were published on the Department of Environmental Quality's (DEQ) website throughout the
public comment period from February 17, 2020 through April 17, 2020. The Notice of Text as published
in the NC Register (Volume 34 Issue 16, page 1470) can be viewed at the following website address:
httos://files.nc.aov/ncoah/documents/files/Volume-34-Issue-16-Februarv-17-2020.Ddf.
The Division also sent a link to the published notice and regulatory impact analysis for public comment
to interested parties including industry stakeholders, environmental groups, solid waste management
organizations, licensing boards, the League of Municipalities, and the Association of County
Commissioners via e-mail on February 14, 2020.
Public Hearing
The public hearing took place on March 3, 2020 at 3:00 p.m. at 217 West Jones Street, Raleigh.
Commissioner John McAdams served as the hearing officer for the public hearing. The hearing for this
rule set was combined with the hearing for the remaining rules in 15A NCAC 13B Rules .0531-.0547
and Section .1600 pertaining to construction and demolition debris landfills (C&DLFs) and municipal
solid waste landfills (MSWLFs). The hearing attendance sheet and transcript can be found in Appendix
3. The hearing was attended by multiple stakeholders in the regulated community, including those
representing the North Carolina chapters of the Solid Waste Association of North America (SWANA)
and the National Waste and Recycling Association (NWRA).

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One comment was provided at the hearing by Mr. Joe Hack with Mecklenburg County on behalf of NC
SWANA, thanking staff for their collaboration on the draft rule changes and indicating that written
comments would be submitted at a later date. (Note that the written comments later provided by NC
SWANA did not contain any comments pertaining to the rules regarding financial assurance, but only
to the other rules regarding C&DLFs and MSWLFs.)
Written Public Comments Received Durina the Comment Period
The following two written comment letters were received during the comment period. Copies of the
comment letters are included in Appendix 4.
Comment Letter #1
Submitted By: Deanna Coble Martin, Coble's Sandrock, Inc.
(Owner/Operator, Coble's C&DLF, Permit # 0105-CDLF-1998)
Date Received: March 16, 2020
Comment:
"This letter is in opposition of the Published Rulemaking Notice and Information including the Proposed
Rule Text and the two Regulatory Impact and Fiscal Analysis documents for the following rules: 15A
NCAC 13B .0531-.0547 and Section .1600 for C&D and MSW Landfills; and Rules .0546, .1105, .1111,
.1628, and new Section .1800 for Financial Assurance for all Solid Waste Management Facilities. These
changes are an overreach and unnecessary.
Many landfills are private and some public landfills are located in small, sparsely populated counties.
This change in the rules would put many out of business. All permitted landfills are regulated, tested
and monitored. These rules would cause the increase in the number of illegal, unregulated landfills if
the permitted ones are not able to operate. Imagine the pollution the world would have if there were no
regulated landfills. I understand, somewhat, of your reasons for this. However, I believe it would be
more beneficial to support the permitted landfills rather than work against them.
Another reason this is a bad idea is that the money the landfills are spending in securing financial
assurance bonds, they could hire more workers. In turn, that would help the economy more by
decreasing unemployment."
Agency Response:
While the agency understands that regulatory requirements do impose a cost to landfill facility owners
and operators, G.S. 130A-294(b) states in part: "The Commission shall adopt and the Department shall
enforce rules to implement a comprehensive statewide solid waste management program. The rules
shall be consistent with applicable State and federal law; and shall be designed to protect the public
health, safety, and welfare; preserve the environment; and provide for the greatest possible
conservation of cultural and natural resources. Rules for the establishment, location, operation,
maintenance, use, discontinuance, recordation, post -closure care of solid waste management facilities
also shall be based upon recognized public health practices and procedures, including applicable
epidemiological research and studies; hydrogeological research and studies; sanitary engineering
research and studies; and current technological development in equipment and methods."
Financial assurance for solid waste management facilities is required by G.S. 130A-295.2(f), and may
be established using the following allowable mechanisms or a combination thereof: insurance,
irrevocable letters of credit, trusts, surety bonds, corporate financial tests, or any other financial device
as allowed pursuant to 40 Code of Federal Regulations § 258.74 (July 1, 2010 Edition), as reflected in
the rules in Section .1800. The rules in 15A NCAC 13B are required to be readopted by the EMC in

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accordance with G.S. 15013-21.3A by the deadline established by the Rules Review Commission of
April 30, 2021.
For additional information regarding the need for financial assurance at solid waste management
facilities, and sanitary landfills such as C&DLF, MSWLF, and industrial solid waste landfills in particular,
please see the discussion below in response to Comment Letter #2, Rule .1804(b)(1).
Comment Letter #2
Submitted By: Phil Carter, Legislative Committee Chair on behalf of the North Carolina Chapter of the
National Waste & Recycling Association (NWRA)
Date Received: April 15, 2020
Comment:
"I am writing on behalf of the North Carolina Chapter of the National Waste & Recycling Association
(NWRA). NWRA is a trade association representing the private sector waste & recycling industry. Our
members include companies operating in the North Carolina. These companies play a significant role
in providing the infrastructure that allows for safe and effective management of waste and recycling in
the State of North Carolina.
15A NCAC 138 .1801
These rules should not be adopted until the definitions in Rule .0101 of this Subchapter have been
adopted. If these rules are adopted without the accompanying definitions, there is a likelihood of
confusion and misinterpretation. The Environmental Management Commission should delay the
adoption of these rules until such time as Subchapter .0100 can be simultaneously adopted.
15A NCAC 13B .1803(c)
We object to the proposed rule because the rule does not provide for any expiration date of financial
assurance for post -closure care. The rule should expressly terminate the post -closure financial
assurance requirement 30 years after issuance of the closure letter, unless released earlier.
15A NCAC 13B .1804(b)(1)
We object to this rule because it is our opinion that an annual adjustment of the cost for potential
assessment and corrective action for inflation is excessive. N.C.G.S. 130A-295.2(h) requires minimum
$2 million for potential assessment and corrective action at sanitary landfills. In our opinion, an
adjustment to a cost that is merely speculative based on a potential for action is not necessary.
15A NCAC 13B .1805(e)(3)(A)
We object to the proposed rule because the rule does not specify that the standby trust fund is a zero -
balance fund until such time as funds are deposited by the financial institution."
Agency Response:
Response to Comment Regarding Rule .1801
Rule .0101 is also required to be readopted by the EMC in accordance with G.S. 130A-21.3A by the
deadline of April 30, 2021, so this rule will be published for public comment and considered by the EMC
within the next year, and is scheduled to begin the rulemaking process at the GWWMC in May 2020. If
the amendments to this Rule are thought to have any effect on the financial assurance rules, a comment
may be submitted to address the issue during the public comment period for Rule .0101. The EMC has
the ability to adopt additional amendments or clarifications to any of the financial assurance rules based
on comments received on Rule .0101 at a later date, if it is determined to be necessary.

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None of the terms in existing Rule .0101 are used in the proposed text of Rules .0546, .1105, .1628, or
.1801 - .1806, with the exception of the terms "industrial solid waste landfill" and "compost" in Rule
.1801. While the Division intends to propose adding some additional definitions for the facility types
named in Rule .1801 (a) and (b) to Rule .0101, the intended definitions would only reference or copy the
existing definitions for those facility types in their respective Sections in the Subchapter, so that the use
of facility names in other locations in the Subchapter are clear. Therefore, the amendments that the
Division intends to propose to the EMC in Rule .0101 will not affect or change the application or
enforcement of the requirements in proposed Rules .1801 - .1806.
Response to Comment Regarding Rule .1803(c)
Proposed Rule .1803(c) states in part:
"The owner and operator shall provide continuous coverage for post -closure care until released
from financial assurance requirements for post -closure care by demonstrating compliance with
the facility's permit and post -closure care plan, with the closure letter issued to the facility by the
Division, and with Rule .0543 of this Subchapter for construction and demolition landfill facilities
and Rule .1627(d) of this Subchapter for municipal solid waste landfill facilities."
The Division is proposing to have Rule .1803(c) refer only to the requirements for the length of post -
closure care period in other rules in the Subchapter instead of putting a specific timeframe in this rule
to be consistent with the same requirement that is in existing Rules .0546(c)(4) and .1628(c)(2), which
also refer to Rules .0543 and .1627(d) to determine the end of the post -closure care period. The
Division proposes to retain this language to avoid a future circumstance where financial assurance
coverage is lost or released even though the post -closure care period for a facility has not ended due
to the requirements of these other rules in the Subchapter. This provides flexibility so that if the Division
determines pursuant to 40 CFR 258.61(b)(2) and Rules .0543 and .1627(d) that an increase to the post -
closure care period is necessary to protect human health and the environment for reasons such as non-
compliance with their post -closure care plans or the rules of the Subchapter, or if there are changes to
the general statutes or federal regulations in the future, the financial assurance rules will remain
applicable. To state in this rule that financial assurance will be released after 30 years would be in
conflict with the requirements for the post -closure care period in the Rules .0543 and .1627(d), and
would not comply with G.S. 130A-295.2(f), which states in part:
"The applicant and permit holder for a solid waste management facility shall establish financial
assurance by a method or combination of methods that will ensure that sufficient funds for
closure, post -closure maintenance and monitoring, and any corrective action that the
Department may require will be available during the active life of the facility, at closure, and for
any post -closure period of time that the Department may require even if the applicant or permit
holder becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets
in the State."
The flexibility also allows financial assurance to be released earlier than expected if the listed
requirements have been met, and if the Division approves a demonstration by the owner or operator
that a reduced post -closure care period is sufficient to protect human health and the environment
pursuant to 40 CFR 258.61(b)(1) and Rules .0543 and .1627(d).
Response to Comment Regarding Rule .1804(b)(1)
Proposed Rule .1804(b)(1) states in part:

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"During the active life of the facility, the owner and operator shall annually adjust the cost
estimates for the corrective action program and potential assessment and corrective action and
the amount of financial assurance for inflation."
Existing Rules .0546(c) and .1628(b), (c), and (d) establish the requirement to annually adjust for
inflation the financial assurance amounts for closure, post -closure care, and existing corrective action
programs. The proposed language in Rules. 1802 - .1804 retains these existing requirements for annual
adjustments for inflation for C&DLFs and MSWLFs. G.S. 130A-295.2 was revised in 2007 to add a
requirement in to establish financial assurance for potential assessment and corrective action (PACA)
at sanitary landfills in the amount of $2 million, in addition to the amounts for closure, post -closure care,
and any existing corrective action program. This statute was revised again in 2014 to lower the financial
assurance amount for C&DLFs to $1 million, while retaining the amount of $2 million for other sanitary
landfills (which would include MSWLFs and industrial solid waste landfills).
Because of these statute changes, the financial assurance rule requirements, mechanisms, and
template language needed to be amended to include consideration for PACA, which the Division is
doing concurrently with the periodic readoption of the rules. The amendments include adding PACA to
the existing requirements to annually adjust the financial assurance amounts for closure, post -closure
care, and current corrective action programs for inflation. Since the statute changes, the Division has
in practice been requiring facilities to annually adjust PACA for inflation in accordance with the statute;
therefore, this would not impose a new cost on facilities to add to the rule.
There are approximately 110 active and 147 closed sanitary landfills in North Carolina. The Division is
aware of approximately 13 sanitary landfills that are currently in corrective action programs due to
exceedances of the groundwater quality standards in 15A NCAC 13B 02L. Most of these facilities are
only being required to conduct the minimum or least expensive corrective actions, such as monitoring
for natural attenuation. The cost estimates submitted to the Division by the owner/operators to cover
financial assurance amounts for these 13 existing corrective action programs indicate that the minimum
costs for corrective action average between $1 million and $2 million in today's dollars. The Division is
aware of an additional 52 active and closed sanitary landfills that are currently conducting assessment
monitoring; and have an increased potential to end up in corrective action programs.
G.S. 130A-294 was recently changed in 2015 to require that the Division issue permits for sanitary
landfills for the life -of -site up to 60 years. This does not include the post -closure care period, which
would likely add another 30 years, for a potential total of 90 years of active life and post -closure care
for each sanitary landfill. The State of North Carolina could end up having to take responsibility for a
corrective action program for any of these facilities if the owner/operator becomes insolvent or ceases
to reside, be incorporated, do business, or maintain assets in the State. If any of the 52 facilities that
are currently in assessment were to end up in corrective action at any point between 15 and 90 years
from now, and the State was left responsible to conduct corrective action, those same cost estimates
could be between $1,250,232 and $7,637,897 per facility in future dollars. (assuming an annual implicit
price deflator/multiplier of 1.015, which is an average of the US Dept of Commerce Bureau of Economic
Analysis Gross Domestic Product implicit price deflator for the last 10 years). This would leave the
State of North Carolina responsible for any costs over the $1 to $2 million minimum required by statute
if the amounts are not adjusted annually for inflation.
While the requirement to obtain and maintain financial assurance for closure, post -closure care, and
potential assessment and corrective action does impose a cost to the regulated community, its purpose
is to protect the interests of the taxpayers of the state. North Carolina is fortunate in that we have yet to
have had to call in an instrument because a facility has been abandoned. Other states in the southeast
have, and the effects have been substantial losses to state program funds. The agencies had to take
over the management and closure of the site to protect public health and the environment. Had financial
assurance instruments been in place, the cost would have been less to handle the problem.

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Response to Comment Regarding Rule .1805(e)(3)(A)
Proposed Rule .1805(e)(3)(A) states:
"The owner and operator shall establish a standby trust fund. The standby trust fund shall meet
the requirements of 40 CFR 258.74(a) except the requirements for initial payment and
subsequent annual payments specified in 40 CFR 258.74(a)(2), (3), (4), and (5). Payments
made under the terms of the letter of credit shall be deposited by the financial institution directly
into the standby trust fund."
40 CFR 258.74(a)(2), (3), (4), and (5) contain the requirements for the owner or operator to make initial
and annual payments into the standby trust fund. The underlined rule language above exempts the
owner or operator from the requirement to make these payments, which exempts them from directly
funding the trust. Because the owner or operator is not required to fund the account, it remains a zero -
balance account until such time that the Division would be required to enact the terms of the letter of
credit. If the Division were required to enact the terms of the letter of credit, the proposed rule language
would then require the financial institution, not the owner or operator, to deposit the funds into the
standby trust fund in accordance with the terms of the letter of credit, so that the funds are able to be
accessed by the Division directly. Note that without the standby trust account, the Division would not
have a means to access the funds from the letter of credit. G.S. 130A-295.2(f) states in part:
"Assets used to meet the financial assurance requirements of this section shall be in a form that
will allow the Department to readily access funds for the purposes set out in this section."
This proposed rule language is not a change from the same requirement that is in existing Rule
.1628(e)(1)(C)(v), except that it is referring to the same language in the CFR instead of the rule, since
the majority of this proposed rule now references the language in CFR instead of repeating CFR
language in the rule.
Summary
Only three comments were received on 15A NCAC 13B Rules .0546, .1105, .1111, .1628, and .1801 -
.1806 during the public comment period. One comment submitted at the public hearing on behalf of
NC SWANA thanked staff for their collaboration on the draft rules and indicated that written comments
would be submitted at a later date; however, the written comments later submitted by NC SWANA were
not regarding the above -mentioned rules, but were regarding other rules in Sections .0500 and .1600
for landfills which will be addressed in a separate Hearing Officer's Report for those rules. One written
comment was received which objected to the rules and the rule changes in general, the regulatory
impact analysis, and the statutory requirement for financial assurance. The written comment did not
include an objection to any specific rule requirement(s), and did not request any specific changes to the
rules. A second written comment was received containing four comments which are addressed above.
No additional changes were made to 15A NCAC 13B Rules .0546, .1105, .1111, .1628 and .1801 -
.1806 following the public comment period.
Hearing Officer's Recommendation
The Hearing Officer's Recommendation is that the Environmental Management Commission adopt 15A
NCAC 13B Rules .0546, .1105, .1628, and .1801 - .1806, and repeal Rule .1111 as published in the NC
Register during the public comment period.

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Agency Head Certification

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CERTIFICATION OF THE AGENCY HEAD
REGARDING COMPLETION OF A FISCAL NOTE AND RULE ANALYSIS
IN RE: 15A NCAC 13B .0546, .1105, .1111, .1628, and .1801 - .1806 "Financial
Assurance Requirements for Solid Waste Management Facilities"
FINDINGS
The Chair of the North Carolina Environmental Management Commission ("the
Commission") is appointed by the Governor to guide and coordinate the activities of the
Commission in fulfilling its duties. G.S. § 143B-284.
The Commission has the power and duty to promulgate rules to be followed in the
protection, preservation, and enhancement of the water and air resources of the State.
G.S. § 143B-282(a).
The undersigned Chair of the North Carolina Environmental Management Commission
hereby certifies that the attached rules comply with the rulemaking principles set out in
Executive Order No. 70 as amended by Executive Order No. 48 (2014). The Chair
specifically certifies the following:
1. The attached rules are necessary because the rules are
required by federal law, citation:
x required by state law, citation: G.S. 150B-21.3A
x deemed necessary by the agency to serve the public interest
2. These rules were based on sound, reasonably available scientific, technical,
economic, and other relevant information that can be found in the rulemaking record.
The rulemaking record can be found in the minutes of the Commission and in
supporting documents. Those documents can be found on the Division of Waste
Resource's webpage at http://deq.nc.gov/about/divisions/water-resources/water-
resources-commissions/environmental-management-commission or may be requested
from the Clerk of the North Carolina Environmental Management Commission at
[e-mail].
3. The fiscal impacts of the rules have been analyzed and appropriate action taken as
follows:
X The Commission determined that no fiscal note was required under G.S. §
15013-21.4; or
A fiscal note has been prepared and approved by the Office of State
Budget and Management in accordance with G.S. § 150B-21.4. A copy of
the fiscal note can be found in the rulemaking record at the locations
described in (2) above.
4. The rules meet all other requirements of Executive Order No. 70.

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Based upon the foregoing Findings, and pursuant to the requirements of the North
Carolina Administrative Procedures Act and Executive Order No. 70, the undersigned
makes the following:
CERTIFICATION
The following proposed rules, 15A NCAC 13B .0546, .1105, .1111, .1628, and
.1801 - .1806 entitled "Financial Assurance Requirements for Solid Waste Management
Facilities" are in compliance with Executive Order No. 70.
This, the 9th day of January 2020 at Raleigh, North Carolina.
Chair
North Carolina Environmental Management Commission

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Hearing Officer Designation Memo

ENVIRONMENTAL MANAGEMENT COMMISSION
Roy Cooper, Governor
Michael S. Regan, Secretary
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
January 23, 2020
To: EMC Commissioner John McAdams
From: Dr. A. Stan Meiburg, Chairma,14
Subject: Hearing Officer Appointment
David W. Anderson
Shannon M. Arata
Yvonne C. Bailey
Charles Carter
Donna L. Davis
Marion Deerhake
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Dr. A. Stan Meiburg
Chairman
Dr. Suzanne Lazorick
Vice -Chair
Robert Gillespie
Patrick K. Harris
Steve Keen
John McAdams
Margaret C. Monast
Dr. Donald van der Vaart
A public hearing has been scheduled for March 3, 2020 at 3:00 PM in Room 1201 at the
DEQ Green Square Building, 217 West Jones Street in Raleigh, NC. The purpose of this hearing
is to receive comments on the readoption and amendments to several solid waste management
rules in 15A NCAC 13B .0500, .1600, and .1800 as required by G.S. 15013- 21.3A for the
Periodic Review and Expiration of Existing Rules.
I am hereby appointing you to serve as hearing officer for these hearings. Please receive
all relevant public comment and report your findings and recommendations to the Environmental
Management Commission. Jessica Montie with the Division of Waste Management, Solid Waste
Section will provide staff support for you.
If you have any questions, please feel free to contact Jessica Montie at 919-707-8247,
or me.
cc: Lois Thomas
Jessica Montie
Hearing Record File

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APPENDIX 3
Hearing Attendance Sheet and Transcript

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SECTION 1— INTRODUCTION AND OVERVIEW
I am calling this public hearing to order.
My name is John McAdams and I am a member of the Environmental Management
Commission. I am the presiding officer for this evening's hearing.
This public hearing is being held by the Environmental Management Commission
to solicit written and oral comments on rules relating to Solid Waste Management
Facilities. The Environmental Management Commission is granted authority in the
North Carolina General Statutes to adopt certain rules following the procedures
specified in General Statute 150B. Accordingly, a public notice containing the
proposed rules under consideration was published in the February 17, 2020 edition
of the North Carolina Register and on the Department of Environmental Quality
(DEQ) website, and was sent by e-mail to interested parties including, but not
limited to, advocacy groups, local government contacts, and industry contacts.
The audio of this hearing is being recorded for the record.
The purpose of this hearing is to receive public comments on 15A NCAC 13B
Rules .0531 - .0547, .1105, .1111, and Sections .1600 and .1800 for Construction
and Demolition and Municipal Solid Waste Landfill Facilities and Financial
Assurance for Solid Waste Management Facilities. These rules collectively
establish standards for the permitting procedures, siting, design, performance
standards, operation, closure, and post -closure of these two types of solid waste
landfills, and for financial assurance for all solid waste management facilities
permitted under Subchapter 13B. Amendments to these rules are being
considered by the Environmental Management Commission as part of the
readoption process pursuant to G.S. 150B-21.3A, which requires that existing rules
be reviewed every 10 years.
As the hearing officer, it is my responsibility to listen to your comments and assist
in the preparation of the hearing report, which summarizes the information
presented tonight, all comments received tonight and throughout the comment
period, and provides recommendations to the Commission on the proposed rule -
making. The Commission will make the decision on the final action, which may be
to accept the hearing officer's recommendations, modify them, or take a different
course of action. As it now stands, the Commission should consider the adoption
of the proposed rules at their May 14, 2020 meeting in Raleigh.

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The Commission is interested in your comments on these rules to help them
decide what the final rule language should be for their consideration. The
Commission is not only seeking your comments on the proposed rule language,
but also on the two Regulatory Impact Analysis documents.
Information on these rules has been available on the DEQ website since February
17, 2020. The documents on the website include proposed wording of the rules,
an explanation of the rules, information on the public comment period and contact
information for submitting written comments, and information on the possible
impacts from the rules as provided in the two Regulatory Impact Analysis
documents.
If anyone has written comments they would like to provide, including any speakers
who have written copies of their comments, please provide them to the staff before
leaving today. Written comments prepared after the hearing may be submitted by
e-mail or US Mail to Jessica Montie at the address provided in the information
available at the back of the room or in the Proposed Rule Notice on the DEQ
website's Proposed Rule Library. All comments received by April 17, 2020 will be
included in the public comment record. Equal weight is given to both written and
oral comments.
appreciate everyone's attendance and would like to take this time to recognize
any public officials in attendance today.
(Introduce any public officials or other EMC members that wish to be recognized. Staff will
provide a list if any public officials sign in)
Now I would like to invite any additional public or elected officials to stand and
introduce themselves.
would also like to recognize members of the DEQ staff that are here. Will you
please raise your hands?

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SECTION 2 — HEARING PROCEDURES
(If attendance is minimal, you may wish to pass over this Section and proceed to Section 3)
At this time, I will provide an overview of how the meeting will be conducted:
1. 1 will call on speakers in the order they signed up to speak. If you wish to
speak and have not yet signed up, you still have the opportunity to do so at
the table in the entryway.
2. When your name is called, please come to the microphone, and clearly state
your name and any group you may be representing or affiliated with.
3. Each speaker will be limited to 3 - 5 minutes so that everyone who wishes to
speak has an opportunity to do so. Staff will keep track of the time and raise
a sign to indicate when you have 1 minute remaining and when you have 30
seconds remaining to finish your comments.
(Adjust the time limit as needed if a very large crowd attends.)
4. All public comments will be directed to me as the hearing officer.
5. 1 ask that everyone respect the right of others to speak without interruption.
6. Please keep your comments concise and limit them to the proposed
rulemaking.
7. At the end of the meeting, if time remains, we will ask if anyone who did not
sign up would now like the chance to speak.

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SECTION 3 — CALLING OF SPEAKERS
will now call on speakers that signed up to give comments.
(No attendees signed up to give comment)
Is there anyone else who did not sign up to speak but would now like to provide a
comment on the rules?
Joe Hack with Mecklenburg County, and representing NC SWANA, provided a comment
thanking DWM staff for the collaboration on these rule changes, and stating that NC
SWANA would be submitting their written comments at a later date.
SECTION 4 — CLOSING THE HEARING
would like to thank everyone for attending tonight's hearing. Your input is greatly
appreciated.
If there are no more comments, then this hearing is closed.
The public comment period will remain open until April 17, 2020. Written
comments may be submitted to Jessica Montie at the email address or mailing
address provided in the information available at the back of the room.

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/_1»= I'1QVt!
Written Comments Received During the Comment Period

C-22
Deanna Martin
5404 Foster Store Rd
Liberty, NC 27298
336-264,4894
3/1Bf 2D
Jessica Montle, Sc1Ld Waste Section
NC DFQ Division of'Waste Management
1646 Mail Service Center
Raleigh, NIC 27699-1646>
To Whom It May Concern:
This letter is in oppDsibon of the Published Ruleinaldng Not:ce and Information including the
Proposed ]yule Text and the two Regulatory Inipacc and Fiscal Analysis docwnents for the
following males; 15A NCAC. 13B .0531-,0547 and Section .1600 for C&D and MSW Landfills, and
Rules ,0 546, ,1105, ,1111, ,16.2 8, and new S action .1800 for Financial Assurance for all Solid
Waste Management Facilities, T'hes e changes are an overre ach and unnecessary.
Many landfills are private and sauce public landfills are located in sinall, sparsely populated
counties. This change in the rules would put n3any out crf business. All pem-iLtted landfills are
regulated, tested and me nitore d, These rules would cause the increase in the dumber of
illegal, unregulated landfills if the pen itted ones air not able to op-erate. Imagine the pollution
the world would have if there were no eegulatd landfills. I understand, somewhat, of your
reasons for this. Ho-�%rever, I believe it %vould be more beneficial to support the pern fitted
landfills rather than ivork against them.
Another reason, this is a bad idea is that the money the landfills are spending in securing
finmicial as rurance bonds, they could hire insure workers. In turn., that woLdd help the Economy
more by decreasing unemployment.
Sincerely,
Dea;vla
Deanna Martin
0

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Carolinas• -
April 13, 2020
Jessica Montie
N.C. Department of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
Re: Comments on proposed rules 15 NCAC 13B .1800 Financial Assurance for Solid
Waste Management Facilities
Dear Jessica:
I am writing on behalf of the North Carolina Chapter of the National Waste &
Recycling Association (NWRA). NWRA is a trade association representing the private
sector waste & recycling industry. Our members include companies operating in the North
Carolina. These companies play a significant role in providing the infrastructure that
allows for safe and effective management of waste and recycling in the State of North
Carolina.
Comments:
15A NCAC 13B .1801
These rules should not be adopted until the definitions in Rule .0101 of this
Subchapter have been adopted. If these rules are adopted without the accompanying
definitions, there is a likelihood of confusion and misinterpretation. The Environmental

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Management Commission should delay the adoption of these rules until such time as
Subchapter .0100 can be simultaneously adopted.
15A NCAC 13B .1803 (c)
We object to the proposed rule because the rule does not provide for any expiration
date of financial assurance for post -closure care. The rule should expressly terminate the
post -closure financial assurance requirement 30 years after issuance of the closure letter,
unless released earlier.
15A NCAC 13B .1804 (b)(1)
We object to this rule because it is our opinion that an annual adjustment of the cost
for potential assessment and corrective action for inflation is excessive. N.C.G.S. 130A-
295.2(h) requires minimum $2 million for potential assessment and corrective action at
sanitary landfills. In our opinion, an adjustment to a cost that is merely speculative based
on a potential for action is not necessary.
15A NCAC 13B .1805 (e)(3)(A)
We object to the proposed rule because the rule does not specify that the standby
trust fund is a zero -balance fund until such time as funds are deposited by the financial
institution.
We appreciate the opportunity to submit comments on these very important rules.
Sincerely,
Phil Carter
Legislative Committee Chair
North Carolina Chapter
National Waste & Recycling Association