North Carolina Administrative Code

15A NCAC 13B .0836 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS (a) Each permit holder shall maintain a log that includes the following information for each septage pumping event: (1) the date, type, quantity, and location of septage pumped; the location for tanks shall be a stree…

15A NCAC 13B .0837 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS (a) No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled by that person, a septage detention and treatment facility, unless a permit has been obtaine…

15A NCAC 13B .0838 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT facilities (a) Septage detention facilities used to meet the requirements of Rule .0842(a)(19) of this Section shall have a minimum size equal to two percent of the maximum annual application rate. The Division shal…

15A NCAC 13B .0839 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE METHODS (a) Applications for permits for innovative or alternative treatment, storage, or land application methods that do not fit the criteria outlined in this Section shall be reviewed in accordance with G.S. 130…

15A NCAC 13B .0840 SEPTAGE LAND APPLICATION SITE PERMITS (a) No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled by that person, a septage management facility to treat, manage, store, or dispose of septage, or any co…

15A NCAC 13B .0841 LOCATION OF SEPTAGE LAND APPLICATION SITES (a) Soil characteristics (Morphology) that shall be evaluated are as follows: (1) Texture – The relative proportions of the sand, silt, and clay sized mineral particles in the fine-earth fraction of the soil are referr…

15A NCAC 13B .0842 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES (a) General requirements for septage land application sites shall include the following: (1) only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed on a septage land application…

15A NCAC 13B .0843 SAMPLING AND ANALYSIS (a) Monitoring or sample collection, handling, and analysis required by this Section and all costs involved shall be the responsibility of the septage management firm permit holder. (b) The permit holder of a septage land application site …

15A NCAC 13B .0844 land application site LAND USE AND SITE CLOSURE (a) Upon closure of a land application site permitted in accordance with this Section, the site shall meet the site restriction requirements set forth in 40 CFR 503.32(c)(1). (b) Nursery and horticultural products…

15A NCAC 13B .0845 REVOCATION OF PERMITS History Note: Authority G.S. 130A-291.1; Eff. October 1, 2009; Repealed Eff. February 1, 2019.

15a ncac 13b .0846 APPEALS Appeals shall be made in accordance with G.S. 150B, Article 3. History Note: Authority G.S. 130A-291.1; Eff. October 1, 2009; Readopted Eff. February 1, 2019.

SECTION .1100 - SCRAP TIRE MANAGEMENT 15A NCAC 13B .1101 DEFINITIONS The definitions in G.S. 130A-309.53 and the following definitions shall apply throughout this Section: (1) "Disposal site" means any place at which scrap tires are disposed of by sanitary landfill or incineratio…

15A NCAC 13B .1102 APPLICATION FEE AND ANNUAL PERMIT FEE History Note: Authority G.S. 130A-309.57; Eff. October 1, 1990; Repealed Eff. December 1, 2018.

15A NCAC 13B .1103 GENERATOR OF SCRAP TIRES No person shall discard, deposit, or dispose of a scrap tire except at a site or facility permitted to receive scrap tires under these Rules, or at a business exempt from a permit under G.S. 130A-309.57(d). History Note: Authority G.S. …

15A NCAC 13B .1104 GENERAL CONDITIONS (a) Landfilling of whole scrap tires is prohibited. Shreds or portions of scrap tires less than half of a whole scrap pneumatic tire shall be suitable for landfilling. (b) The owner or operator of a scrap tire disposal site or processing faci…

15A NCAC 13B .1105 PERMIT REQUIRED (a) No person, other than a person exempted by G.S. 130A-309.57(d), shall establish, operate, or maintain, or allow to be established, operated, or maintained upon land owned, leased, or otherwise controlled by that person, a scrap tire collecti…

15A NCAC 13B .1106 SCRAP TIRE COLLECTION SITE PERMIT REQUIREMENTS (a) A scrap tire collection site permit shall be issued for a period of five years. Permit renewal applications shall be submitted to the Division not less than 60 days prior to the expiration date of the permit. (…

15A NCAC 13B .1107 SCRAP TIRE COLLECTION SITE OPERATIONAL REQUIREMENTS Scrap tire collection sites shall meet the following operational requirements: (1) Owners and operators of collection sites that process scrap tires shall submit to the Division an annual report by August 1 of…

15A NCAC 13B .1108 SCRAP TIRE DISPOSAL SITE PERMIT AND OPERATIONAL REQUIREMENTS History Note: Authority G.S. 130A-309.57; Eff. October 1, 1990; Repealed Eff. December 1, 2018.

15A NCAC 13B .1109 CLOSURE OF NON-CONFORMING SITES (a) Any scrap tire collection or disposal site that does not meet the requirements of this Section shall be closed. (b) In closing any non-conforming scrap tire site, the owner or operator shall: (1) prevent public access to the …

15A NCAC 13B .1110 SCRAP TIRE PROCESSING FACILITIES History Note: Authority G.S. 130A-309.57; Eff. October 1, 1990; Repealed Eff. December 1, 2018.

15A NCAC 13B .1111 FINANCIAL RESPONSIBILITY REQUIREMENTS History Note: Authority G.S. 130A-294(b); 130A-309.27; Eff. October 1, 1990; Repealed Eff. July 1, 2020.

15A NCAC 13B .1112 SCRAP TIRE HAULER REQUIREMENTS History Note: Authority G.S. 130A-309.59; Eff. October 1, 1990; Expired Eff. July 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .1200 - MEDICAL WASTE MANAGEMENT 15A NCAC 13B .1201 DEFINITIONS For the purpose of this Section, the following definitions apply: (1) "Blood and body fluids" means liquid blood, serum, plasma, other blood products, emulsified human tissue, spinal fluids, and pleural and p…

15A NCAC 13B .1202 GENERAL REQUIREMENTS FOR MEDICAL WASTE (a) Medical waste is subject to the rules in 15A NCAC 13B, "Solid Waste Management." (b) Sharps and other sharp objects such as syringes with attached needles, capillary tubes, slides and cover slips, lancets, auto injecto…

15A NCAC 13B .1203 REQUIREMENTS FOR REGULATED MEDICAL WASTE generators, transporters, and transfer and storage operations (a) Regulated medical waste packaging requirements: (1) All Sections of the Code of Federal Regulations (CFR) cited in this Paragraph are hereby incorporated …

15A NCAC 13B .1204 REQUIREMENTS FOR the treatment OF REGULATED MEDICAL WASTE (a) General requirements for treated regulated medical waste: (1) Treated regulated medical waste shall be covered to prevent exposure to the environment and inclement weather. (2) Treated regulated medi…

SECTION .1300 - DISPOSITION OF FETAL REMAINS 15A NCAC 13B .1301 MANNER OF DISPOSITION OF FETAL REMAINS History Note: Authority G.S. 130A-309.26; Eff. October 1, 1990; Temporary Amendment Eff. December 22, 1997; Amended Eff. April 1, 1999; Repealed Eff. January 1, 2021.

SECTION .1400 - SOLID WASTE COMPOST FACILITIES 15A NCAC 13B .1401 REQUIREMENT FOR PERMIT (a) No person shall construct, operate, expand, or modify a facility that produces compost from solid waste or solid waste co-composted with other wastes unless it has a currently valid permi…

15A NCAC 13B .1402 GENERAL PROVISIONS FOR SOLID WASTE COMPOST FACILITIES (a) The provisions of this Rule shall apply to the following facilities: (1) facilities that produce compost or mulch from yard waste or from residues from agricultural products and processing; (2) vermicomp…

15A NCAC 13B .1403 GENERAL PROHIBITIONS FOR SOLID WASTE COMPOST FACILITIES (a) Neither hazardous waste nor asbestos-containing waste shall be accepted at a facility or processed into compost. (b) Household hazardous waste shall not be accepted by a facility, except in an area des…

15A NCAC 13B .1404 SITING/DESIGN REQUIREMENTS FOR SOLID WASTE COMPOST FACILITIES (a) A site shall meet the requirements of this Rule at the time of initial permitting and shall continue to meet these requirements throughout the life of the permit only on the site property owned o…

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