(a) No person shall establish or allow to be established on his land, a solid waste management facility, or otherwise treat, store, or dispose of solid waste unless a permit for the facility has been obtained from the Division.
(b) The permit shall have two parts, as follows:
(2) A permit to operate a solid waste management facility may not be issued unless it has been determined that the facility has been constructed in accordance with the construction permit, that any pre-operative conditions of the construction permit have been met, and that the construction permit has been recorded, if applicable, in accordance with Rule .0204 of this Section.
(d) Land clearing and inert debris facilities subject to Rule .0563(1) may construct and operate after notification as provided for under Rule .0563(2).
(e) Permits, including those issued prior to the effective date of this Rule, shall be reviewed every five years. Modifications, where necessary, shall be made in accordance with Rules in effect at the time of review for those areas of a permitted sanitary landfill site which have not previously received solid waste.
(f) All solid waste management facilities shall be operated in conformity with these Rules and in such a manner as to prevent the creation of a nuisance, insanitary conditions, or potential public health hazard.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. January 4, 1993
.0202 PERMIT APPLICATION
(a) Application for permits required by Rule .0201 of this Subchapter should be forwarded to the Solid Waste Branch, Division of Health Services, P.O. Box 2091, Raleigh, N.C. 27602. Permit applications shall contain the following information:
(2) An approval letter from the unit of local government having zoning authority over the area where the facility is to be located stating that the proposed facility meets all of the requirements of the local zoning ordinance, or that the site is not zoned;
(3) Detailed plans and specifications for solid waste management facilities (except demolition landfills) shall be prepared by a professional engineer. The plans shall bear an imprint of the registration seal of the engineer; and the geological study shall bear the seal of a licensed professional geologist, in accordance with N.C.G.S. Chapter 89E; and
(4) Any other information pertinent to the proposed facility.
History Note: Statutory Authority
G.S. 130A-294 Amended Eff. February 1, 1991
.0203 PERMIT APPROVAL OR DENIAL
(a) Upon receipt of a permit application, the Division shall review the request to assure that all provisions of these Rules, the Solid Waste Management Act, and the Federal Act, will be met. Based on its review, the Division shall either approve or deny the request in writing.
(b) When an application is approved, the applicant shall be mailed a permit. If the approval is contingent upon certain conditions being met by the applicant, such conditions shall be noted on the permit.
(c) Before receiving solid waste on a new site, an inspection shall be made by a representative of the Division to assure that the site is prepared in accordance with the permit.
(d) By receiving solid waste on a new site, the applicant shall be considered to have accepted the conditions.
(e) When the Division denies a permit for a solid waste management facility, it shall state in writing the reason for such denial and shall also state its estimate of the changes in the applicant's proposed activities or plans which will be required in order that the applicant may obtain a permit. A denial shall be without prejudice to the person's right to a hearing or for filing a future request after revisions are made to meet objections specified as reasons for denial. Reasons for denial are:
(2) Failure to meet the requirements set forth in Sections .0300, .0400 and .0500 of this Subchapter applicable to the type of facility applied for; or
(3) The past conduct by the applicant, as defined in G.S. 130A-309.06(b), which has resulted in repeated violations of solid waste management statutes, these Rules, or orders issued thereunder, or violations of permit conditions of a solid waste management facility located in this State; or
(4) Any other reasons which would prevent the solid waste facility or site from being operated in accordance with Article 9, Chapter 130A of the General Statutes, these Rules, the Federal Act, or acceptable engineering or public health and environmental standards.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. February 1, 1991
.0204 RECORDATION OF LAND DISPOSAL PERMITS
(a) Whenever the Division approves a permit for a sanitary landfill or a facility for the disposal of hazardous waste on land, the owner of the facility shall be granted both an original permit and a copy certified by the secretary or his authorized representative. The permit shall include a legal description of the site that would be sufficient as a description in an instrument of conveyance.
(b) The owner of a facility granted a permit for a sanitary landfill or a facility for the disposal of hazardous waste on land shall file the certified copy of the permit in the register of deeds' office in the county or counties in which the land is located.
(c) The register of deeds shall record the certified copy and index it in the grantor index under the name of the owner of the land.
(d) The permit shall not be effective unless the certified copy is filed as required under Paragraph (b) of this Rule.
(e) When any sanitary landfill or
a facility for the disposal of hazardous waste on land is sold, leased,
conveyed or transferred in any manner, the deed or other instrument of
transfer shall contain in the description section in no smaller type than
that used in the body of the deed or instrument a statement that the property
has been used as a sanitary landfill or a disposal site for hazardous waste
and a reference by book and page to the recordation of the permit.
History Note: Statutory Authority
G.S. 130A-294; Eff. April 1, 1982.
.0205 VARIANCES
Repealed
effective July 1, 1990 in accordance with G.S. 150B-59(c).