Chapter 15A NCAC 13B

subchapter 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 Su…

15A NCAC 13B .0102 APPLICABILITY (a) The management of solid waste is subject to Chapter 130A Article 1, Part 2, and Article 9 of the General Statutes, as well as the rules of this Subchapter. (b) The rules of this Subchapter shall not apply to the management of hazardous waste, …

15A NCAC 13B .0103 GENERAL requirements (a) All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of in a manner consistent with the requirements of the rules of this Subchapter. The Division is responsible for the enforc…

15A NCAC 13B .0104 SOLID WASTE STORAGE (a) The owner or occupant of any property, unless exempted from the rules of this Subchapter in accordance with G.S. 130A-294(b), shall be responsible for the sanitary storage of all solid waste accumulated on the property. (b) Unless anothe…

15A NCAC 13B .0105 COLLECTION AND TRANSPORTATION OF SOLID WASTE (a) The solid waste collector shall be responsible for the collection and transportation of all solid waste to a solid waste management facility that is permitted by the Division. (b) The solid waste collector shall …

15A NCAC 13B .0106 GENERATOR OF SOLID WASTE (a) Unless exempted from the rules of this Subchapter in accordance with G.S. 130A-294(b), a solid waste generator shall be responsible for storing, collecting, and disposing of solid waste in accordance with the rules of this Subchapte…

15A NCAC 13B .0107 TREATMENT OF INFECTIOUS WASTES PRIOR TO DISPOSAL History Note: Filed as a Temporary Amendment Eff. November 1, 1987, For a Period of 180 Days to Expire on April 28, 1988; Statutory Authority G.S. 130A-294; Eff. July 1, 1985; Amended Eff. February 1, 1988; Repea…

15A NCAC 13B .0108 OUT-OF-STATE WASTE IN SANITARY LANDFILLS History Note: Authority G.S. 130A-294; Temporary Rule Eff. October 1, 1987, For a Period of 180 Days to Expire on March 29, 1988; Eff. February 1, 1988; Repealed Eff. July 1, 2013.

SECTION .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES 15A NCAC 13B .0201 PERMIT REQUIRED (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management f…

15A NCAC 13B .0202 PERMIT APPLICATION (a) Applications for permits required by Rule .0201 of this Section shall be submitted to the Department of Environmental Quality, Division of Waste Management, Solid Waste Section, 1646 Mail Service Center, Raleigh, North Carolina 27699-1646…

15A NCAC 13B .0203 PERMIT APPROVAL OR DENIAL (a) Upon receipt of a permit application, the Division shall review the request to assure that all provisions of the rules of this Subchapter, Article 9 of Chapter 130A of the General Statutes, and the Federal Resource Conservation and…

15A NCAC 13B .0204 RECORDATION OF LAND DISPOSAL PERMITS History Note: Authority G.S. 130A-294; Eff. April 1, 1982; Repealed Eff. January 1, 2021.

15A NCAC 13B .0205 VARIANCES History Note: Authority G.S. 130A-294; Eff. April 1, 1982; Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).

15A NCAC 13B .0206 OPTION TO APPLY FOR ISSUANCE OF 10-YEAR PERMIT FOR SANITARY LANDFILL OR TRANSFER STATION History Note: Authority G.S. 130A-294; S.L. 2012-187, s.15.1; S.L. 2015-286, s. 4.9; Eff. July 1, 2013; Repealed Eff. September 1, 2016.

15A NCAC 13B .0207 LIFE-OF-SITE PERMIT ISSUED FOR A SANITARY LANDFILL OR TRANSFER STATION (a) A transfer station permit issued in accordance with Section .0400 of this Subchapter, or a sanitary landfill permit issued in accordance with Section .0500 of this Subchapter for industr…

15A NCAC 13B .0208 permit exemptions (a) A collection center shall not be required to obtain a permit from the Division for the construction or operation of these facilities if the facility operations comply with Article 9 of Chapter 130A of the General Statutes, the rules of thi…

SECTION .0300 – TREATMENT AND PROCESSING FACILITIES 15A NCAC 13B .0301 siting and APPLICATION REQUIREMENTS (a) A treatment and processing facility (site) shall meet the following siting requirements: (1) Floodplain Restrictions: Any portions of the site property where storage or …

15A NCAC 13B .0302 OPERATIONAL and closure REQUIREMENTS (a) The owner or operator of a treatment and processing facility (site) shall maintain and operate the site in accordance with the permit conditions and the plans incorporated into the permit in accordance with Rule .0301(f)…

SECTION .0400 - TRANSFER STATIONS 15A NCAC 13B .0401 purpose and applicability (a) Owners or operators of transfer stations shall comply with applicable federal, State, and local laws, rules, regulations, and ordinances, and shall comply with the rules of this Section as follows:…

15A NCAC 13B .0402 General requirements (a) The owner or operator of a transfer station (site) shall comply with the conditions of the permit issued by the Division. In the event of noncompliance with the permit, the owner or operator shall minimize the release of waste, leachate…

15A NCAC 13B .0403 SITING AND DESIGN REQUIREMENTS (a) A transfer station (site) shall meet the following siting requirements: (1) Floodplain Restrictions: The portions of the site containing the buildings, leachate collection systems, and any areas where storage or processing of …

15A NCAC 13B .0404 APPLICATION REQUIREMENTS (a) Applications for transfer station permits submitted in accordance with Paragraph (c) of this Rule shall be submitted to the Division of Waste Management Solid Waste Section for review and approval prior to commencement of constructi…

15A NCAC 13B .0405 OPERATIONAL REQUIREMENTS (a) The owner or operator of a transfer station (site) shall maintain and operate the site in accordance with the operations plan incorporated into the permit by Rule .0404(d) of this Section and the following conditions: (1) Dust and O…

15A NCAC 13B .0406 CLOSURE REQUIREMENTS (a) The owner or operator of a transfer station (site) shall schedule and document closure of the site in accordance with the following criteria: (1) The owner or operator shall submit written notification of closure to the Division no less…

15A NCAC 13B .0503 SITING AND DESIGN REQUIREMENTS FOR industrial solid waste landfills (a) An industrial solid waste landfill (ISWLF) unit (site) shall comply with the following siting requirements for a permit to be issued: (1) Floodplain Restrictions: A site shall not be locate…

15A NCAC 13B .0504 APPLICATION REQUIREMENTS FOR Industrial Solid waste landfills (a) The permit applicant for an industrial solid waste landfill (ISWLF) unit (site) permit shall prepare a site study in accordance with Paragraph (c) of this Rule, and submit the site study to the D…

15A NCAC 13B .0505 OPERATIONAL and closure REQUIREMENTS FOR Industrial Solid Waste LandfillS (a) The owner or operator of an industrial solid waste landfill unit (site) shall maintain and operate the site in conformance with the permit and the plans incorporated into the permit i…

15A NCAC 13B .0508 siting and APPLICATION REQUIREMENTS FOR INCINERATORS (a) An incinerator (site) shall meet the following siting requirements: (1) Floodplain Restrictions: Any portions of the site property containing the incinerator building and areas where storage or processing…

15A NCAC 13B .0509 OPERATIONAL and closure REQUIREMENTS FOR INCINERATORS (a) An owner or operator of an incinerator (site) shall comply with the permit conditions, the plans incorporated into the permit in accordance with Rule .0508(f) of this Section, and the following requireme…

15A NCAC 13B .0510 POST-CLOSURE CARE Requirements for closed C&DLF and MSWLF UNITS EXEMPTED from other C&DLF and MSWLF rules The owner or operator of a closed construction and demolition landfill unit or municipal solid waste landfill unit that is required to comply with this Rul…

15A NCAC 13B .0531 purpose AND APPLICABILITY FOR CONSTRUCTION AND DEMOLITION LANDFILLS (a) Purpose. Rules .0531 through .0546 of this Section shall govern the permitting procedures, siting, design, construction, performance standards, operation, closure, and post-closure of all c…

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. (1) "Active life" me…

15A NCAC 13B .0533 GENERAL APPLICATION REQUIREMENTS AND PROCESSING FOR C&DLF FACILITIES (a) An owner or operator of a 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 req…

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 incorpora…

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. An applicant for a new C&DLF permit as defined in G.S. 130A-294(a3)(1)a, c, d, and e shall meet the requirements of Rule .0536 of this Section prior t…

15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (a) Purpose. As required under Rule .0535 of this Section, the owner or operator shall prepare a site study that meets the requirements of this Rule. The Division shall review the site study for a proposed new facility prior to c…

15A NCAC 13B .0537 FACILITY PLAN FOR C&DLFs (a) Purpose. A permit applicant shall prepare a facility plan which meets the requirements of this Rule. (b) Scope. (1) The facility plan shall define the comprehensive development of the property proposed for a permit or described in t…

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 permit applicant shall conduct a hydrogeologic investigation and prepare a report. An investigation shall assess…

15A NCAC 13B .0539 ENGINEERING PLAN FOR C&DLF FACILITIES (a) Purpose. The engineering plan that is required to be submitted in accordance with Rule .0535 of this Section shall incorporate the detailed plans and specifications relative to the design and performance of the C&DLF's …

15A NCAC 13B .0540 CONSTRUCTION REQUIREMENTS FOR C&DLF FACILITIES This Rule shall establish the performance standards and 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 sepa…

15A NCAC 13B .0541 CONSTRUCTION QUALITY ASSURANCE FOR C&DLF FACILITIES (a) The construction quality control and quality assurance (CQA) plan shall describe the observations and tests that will be used before, during, and upon completion of construction to ensure that the construc…

15A NCAC 13B .0542 OPERATION PLAN AND REQUIREMENTS FOR C&DLF FACILITIES (a) The owner or operator of a C&DLF unit shall maintain and operate the facility in accordance with the operation plan prepared in accordance with this Rule. (b) Operation Plan. The owner or operator of a C&…

15A NCAC 13B .0543 CLOSURE AND POST-CLOSURE REQUIREMENTS FOR C&DLF FACILITIES (a) Purpose. This Rule shall establish criteria for the closure of all C&DLF units and subsequent requirements for post-closure compliance. The owner and operator shall develop specific plans for the cl…

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 monitoring plan to the Division in the application for the permit to construct in accordance with Rule .0535(a)(1) of this Section that…

15A NCAC 13B .0545 ASSESSMENT AND CORRECTIVE ACTION PROGRAM FOR C&DLF FACILITIES AND UNITS (a) Assessment Program. Assessment monitoring shall be required if, in any sampling event, one or more constituents being monitored in any monitoring well are detected above the groundwater…

15A NCAC 13B .0546 FINANCIAL assurance REQUIREMENTS FOR C&DLF FACILITIES AND UNITS (a) Owners and operators of construction and demolition landfill facilities permitted by the Division in accordance with this Subchapter shall comply with the financial responsibility requirements …

15A NCAC 13B .0547 Existing C&DLF Units as of January 1, 2007 History Note: Authority G.S. 130A-294; Eff. January 1, 2007; Repealed Eff. September 16, 2021.

15A NCAC 13B .0560 LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS History Note: Authority G.S. 130A-294; Eff. January 4, 1993; Expired Eff. July 1, 2017 pursuant to G.S. 150B-21.3A.

15A NCAC 13B .0561 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .0562 BENEFICIAL FILL (a) "Beneficial fill" means a fill activity to level or bring an area to grade for the beneficial purpose of stabilizing the land or improving the land use potential using only inert debris waste. (b) A solid waste management permit is not requi…