North Carolina Administrative Code

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…

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 .0…

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 oper…

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 …

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 op…

15A NCAC 13B .0567 CLOSURE AND POST-CLOSURE CARE REQUIREMENTS FOR LCIDLFS (a) The owner or operator of a land clearing and inert debris landfill (site) shall implement the closure of the site in accordance with this Rule and the closure and post-closure plans incorporated into th…

SECTION .0600 - MONITORING REQUIREMENTS 15A NCAC 13B .0601 groundwater MONITORING (a) This Rule shall apply to a sanitary landfill that is not subject to Rules .0531 through .0546 or Section .1600 of this Subchapter (site). This Rule shall apply for the life of the site and the p…

15A NCAC 13B .0602 SURFACE WATER MONITORING (a) This Rule shall apply to a sanitary landfill that is not subject to Rules .0531 through .0546 or Section .1600 of this Subchapter (site). This Rule shall apply for the life of the site and the post-closure care period of the site. (…

15A NCAC 13B .0707 REFERRAL History Note: Authority G.S. 130A-22(f); Eff. April 1, 1982; Amended Eff. May 1, 1987; Repealed Eff. September 1, 1990.

SECTION .0800 - SEPTAGE MANAGEMENT Rules .0801 - .0814 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B .0801 - .0814); have been transferred and recodified from Rules .0901 - .0914 of Title 10 Subchapter 10G of the North Carolina Administrative Cod…

15A NCAC 13B .0817 SEPTAGE MANAGEMENT FIRM PERMITS History Note: Authority G.S. 130A-291.1; Eff. October 1, 1995; Repealed Eff. April 1, 2010.

15A NCAC 13B .0818 PERMIT FEES History Note: Authority G.S. 130A-291.1; Eff. October 1, 1995; Repealed Eff. October 1, 2009.

15A NCAC 13B .0825 STANDARDS FOR SEPTAGE TREATMENT AND DETENTION FACILITIES History Note: Authority G.S. 130A-291.1; Eff. October 1, 1995; Repealed Eff. April 1, 2010.

15A NCAC 13B .0830 INCORPORATION BY REFERENCE (a) All Sections of the Code of Federal Regulations (CFR) cited in this Section are hereby incorporated by reference, including subsequent amendments or additions, and may be obtained free of charge at https://www.gpo.gov/fdsys/. (b) …

15A NCAC 13B .0831 DEFINITIONS In addition to the terms defined in G.S. 130A-290, as used in this Section the following terms are defined as follows: (1) "Agronomic rates" means those rates that provide the nitrogen and other nutrient needs of the crop based on available realisti…

15A NCAC 13B .0832 GENERAL PROVISIONS (a) General permitting requirements. (1) No person shall manage septage, or any part of septage, or operate a Septage Management Firm without first obtaining a permit from the Division as required under G.S. 130A-291.1(c); (2) The permit requ…

15A NCAC 13B .0833 PERMIT FEES (a) Every septage management firm shall pay an annual permit fee by January 1 of each year in accordance with G.S. 130A-291.1(e) or (e1), unless the firm notifies the Division prior to January 1 that the firm will not operate during the next year. F…

15A NCAC 13B .0834 SEPTAGE MANAGEMENT FIRM PERMITS (a) Septage management firm names shall be distinguishable upon the records of the Division from the name of other septage management firms, limited liability companies, non-profit corporations, business corporations, limited par…

15A NCAC 13B .0835 TRANSPORTATION OF SEPTAGE (a) Vehicles used for the transportation of septage shall be operated and maintained to prevent leaks and spills of septage and shall comply with the following: (1) all tanks shall be constructed of metal and affixed to the truck bed w…