Chapter 15A NCAC 13B

15A NCAC 13B .1405 APPLICATION REQUIREMENTS FOR SOLID WASTE COMPOST FACILITIES One paper copy and one electronic copy of a solid waste compost facility permit application shall be submitted to the Division. The following information shall be required for an application for a perm…

15A NCAC 13B .1406 OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOST FACILITIES A person who maintains or operates a solid waste compost facility shall maintain and operate the site to conform with the practices and operational requirements of this Rule. (1) Plan and Permit Requir…

15A NCAC 13B .1407 classification, testing, and distribution OF SOLID WASTE COMPOST PRODUCTS (a) Compost or mulch that is produced at a Type 1 facility, is free from offensive odor, contains no sharp particles, and, for compost, has met the temperature requirements in Rule .1406(…

15A NCAC 13B .1408 recordkeeping AND REPORTING REQUIREMENTS (a) Record Keeping: Facility owners or operators shall maintain records for no less than five years. The following records shall be available for inspection by Division personnel during the facility's normal business hou…

15A NCAC 13B .1409 ALTERNATIVE procedures, vermicomposting, and anaerobic digestion REQUIREMENTS (a) An owner or operator of a composting facility subject to the provisions of this Section may request in writing the approval of an alternative procedure for the facility or the com…

15A NCAC 13B .1410 closure REQUIREMENTS (a) When the permitted compost facility ceases operations, the owner or operator shall meet the following conditions: (1) all feedstock and unfinished compost materials shall be removed from the site and taken to a permitted solid waste fac…

SECTION .1500 - STANDARDS FOR SPECIAL TAX TREATMENT OF RECYCLING AND RESOURCE RECOVERY EQUIPMENT AND FACILITIES 15A NCAC 13B .1501 DEFiNITIONS The definitions in Article 9 of Chapter 130A of the General Statutes and the following definitions shall apply to the rules of this Secti…

15A NCAC 13B .1502 applicability and APPLICATION REQUIREMENTS (a) The rules of this Section shall apply only to the qualification of personal property, such as equipment, or for real property, such as areas within a building, land area, or portions thereof, for tax certification …

15A NCAC 13B .1503 STANDARDS FOR QUALIFICATION FOR TAX CERTIFICATION (a) When the Department receives an application for tax certification that complies with Rule .1502 of this Section, the Department shall conduct an inspection, investigation, or verification of the requested pr…

15A NCAC 13B .1509 APPEALS History Note: Authority G.S. 130A-294(a)(3); Eff. June 2, 1976; Readopted Eff. December 5, 1977; Repealed Eff. February 1, 1987.

15A NCAC 13B .1510 SEVERABILITY History Note: Authority G.S. 130A-294(a)(3); Eff. June 2, 1976; Readopted Eff. December 5, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018; Repealed Eff. March 1, 2021.

15A NCAC 13B .1511 PAMPHLET History Note: Authority G.S. 130A-294(a)(3); Eff. June 2, 1976; Readopted Eff. December 5, 1977; Amended Eff. September 1, 1990; June 30, 1980; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 13B .1514 APPEALS PROCEDURE History Note: Authority G.S. 130A-294(a)(3); Eff. February 1, 1987; Amended Eff. September 1, 1990; Repealed Eff. March 1, 2021.

SECTION .1600 - REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES (MSWLFs) 15A NCAC 13B .1601 purpose AND APPLICABILITY (a) The rules of this Section shall govern the permitting procedures, siting, design, construction, performance standards, operation, closure, and post…

15A NCAC 13B .1602 DEFINITIONS 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 the rules of this Section. (1) "Active life" means the period of operation beginning…

15A NCAC 13B .1603 GENERAL APPLICATION REQUIREMENTS AND PROCESSING (a) An owner or operator of a MSWLF unit or facility shall submit an application document as detailed in Rule .1617 of this Section in accordance with the following criteria and scheduling requirements: (1) New pe…

15A NCAC 13B .1604 GENERAL REQUIREMENTS FOR MSWLF FACILITIES (a) Permits issued by the Division for MSWLF 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 incorporate require…

15A NCAC 13B .1605 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1606 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1607 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1608 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1609 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1610 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1611 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1612 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1613 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1614 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1615 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1616 RESERVED FOR FUTURE CODIFICATION

15A NCAC 13B .1617 APPLICATION REQUIREMENTS FOR MSWLF FACILITIES (a) New permit as defined in G.S. 130A-294(a3)(1)a, c, d, and e. An applicant for a new MSWLF permit as defined in G.S. 130A-294(a3)(1)a, c, d, and e shall meet the requirements of Rule .1618 of this Section prior t…

15A NCAC 13B .1618 SITE STUDY FOR MSWLF FACILITIES (a) Purpose. As required under Rule .1617 of this Section, the owner and 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 …

15A NCAC 13B .1619 FACILITY PLAN (a) Purpose. A permit applicant shall prepare a facility plan that meets the requirements of this Rule. (b) Scope. (1) The facility plan shall define the comprehensive development of the property proposed for permit or described in the permit of a…

15A NCAC 13B .1620 ENGINEERING PLAN (a) Purpose. The engineering plan that is required to be submitted in accordance with Rule .1617 of this Section shall incorporate the detailed plans and specifications relative to the design and performance of the MSWLF's containment and envir…

15A NCAC 13B .1621 CONSTRUCTION QUALITY ASSURANCE PLAN (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 construction and materia…

15A NCAC 13B .1622 LOCATION RESTRICTIONS FOR MSWLF FACILITY SITING MSWLF units shall comply with the siting criteria set forth in this Rule. Documentation of approval by agencies other than the Division of Waste Management may be required to demonstrate compliance with specific c…

15A NCAC 13B .1623 GEOLOGIC AND HYDROGEOLOGIC INVESTIGATIONS FOR MSWLF FACILITIES (a) Site Hydrogeologic Report. In accordance with Rule .1618(c)(4) of this Section, a permit applicant shall conduct a hydrogeologic investigation and prepare a report. An investigation shall assess…

15A NCAC 13B .1624 CONSTRUCTION REQUIREMENTS FOR MSWLF FACILITIES (a) This Rule shall establish the performance standards and criteria for designing and constructing an MSWLF unit. Additional standards for the cap system are described in Rule .1627 of this Section. (b) MSWLF unit…

15A NCAC 13B .1625 OPERATION PLAN FOR MSWLF FACILITIES (a) The owner or operator of a MSWLF 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 MSWLF unit shall pr…

15A NCAC 13B .1626 OPERATIONAL REQUIREMENTS FOR MSWLF FACILITIES The owner or operator of any MSWLF unit shall maintain and operate the facility in accordance with the requirements set forth in this Rule and the operation plan as described in Rule .1625 of this Section. (1) Waste…

15A NCAC 13B .1627 CLOSURE AND POST-CLOSURE REQUIREMENTS FOR MSWLF FACILITIES (a) Purpose. This Rule shall establish criteria for the closure of all MSWLF units and subsequent requirements for post-closure compliance. The owner or operator shall develop specific plans for the clo…

15A NCAC 13B .1628 FINANCIAL ASSURANCE REQUIREMENTS FOR mswlf FACILITIES and units (a) Owners and operators of municipal solid waste landfill facilities permitted by the Division in accordance with this Subchapter shall comply with the financial responsibility requirements set fo…

15A NCAC 13B .1629 CLOSURE AND POST-CLOSURE PLAN (a) Purpose. As required under Rule .1617 of this Section, the owner or operator shall submit to the Division closure and post-closure plans that meet the requirements of this Rule. (b) Closure plan contents. The owner or operator …

15A NCAC 13B .1630 APPLICABILITY OF GROUNDWATER MONITORING REQUIREMENTS (a) The groundwater monitoring, assessment, and corrective action requirements under Rules .1630 through .1637 of this Section shall apply to all MSWLF units that are subject to the rules of the Section in ac…

15A NCAC 13B .1631 GROUNDWATER MONITORING SYSTEMS (a) A groundwater monitoring system shall be installed that consists of no less than one background and three downgradient wells installed at locations and depths that yield groundwater samples from the uppermost aquifer that: (1)…

15A NCAC 13B .1632 GROUNDWATER SAMPLING AND ANALYSIS REQUIREMENTS (a) The owner or operator shall describe consistent sampling and analysis procedures designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgr…

15A NCAC 13B .1633 DETECTION MONITORING PROGRAM (a) Detection monitoring shall be conducted at MSWLF units at all groundwater monitoring wells that are part of the detection monitoring system as established in the approved water quality monitoring plan. As provided for in 40 CFR …

15A NCAC 13B .1634 ASSESSMENT MONITORING PROGRAM (a) Assessment monitoring shall be required if, in any sampling event, one or more constituents listed in 40 CFR 258 Appendix I is detected above the groundwater quality standards established in accordance with 15A NCAC 02L .0202, …

15A NCAC 13B .1635 ASSESSMENT OF CORRECTIVE MEASURES (a) Within 90 days of finding that one or more Appendix II constituents exceeded, for two consecutive sampling events, either the groundwater quality standards established in 15A NCAC 02L .0202, the groundwater protection stand…

15A NCAC 13B .1636 SELECTION OF REMEDY (a) Based on the results of the assessment of corrective measures in accordance with Rule .1635 of this Section, the owner or operator shall select a remedy that meets the standards listed in Paragraph (b) of this Rule. Within 14 days of sel…

15A NCAC 13B .1637 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM (a) Based on the approved schedule for initiation and completion of remedial activities, the owner or operator shall: (1) within 120 days after the approval of the selected remedy or as approved by the Division, s…