PART 1
SUBCHAPTER 13B - SOLID WASTE MANAGEMENT
SECTION .0100 - GENERAL PROVISIONS
Rules .0101 - .0108
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0101 - .0108); have been transferred and recodified from Rules .0101 -
.0108 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0101 - .0108), effective April 4, 1990.
.0101 DEFINITIONS
The definitions in G.S. 130A-290 and the following definitions shall apply throughout this Subchapter:
(2) "Blood products" means all bulk blood and blood products.
(3) "Cell" means compacted solid waste completely enveloped by a compacted cover material.
(4) "Demolition landfill" means a sanitary landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes as approved by the Division.
(5) "Division" means the Director of the Division of Solid Waste Management or the Director's authorized representative.
(6) "Explosive gas" means Methane (CH 4).
(7) "Federal act" means the Resource Conservation and Recovery Act of 1976, P.L. 94-580, as amended.
(8) "Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, which are inundated by the 100-year flood.
(9) "Hazardous waste landfill facility" means any facility or any portion of a facility for disposal of hazardous waste on or in land in accordance with rules promulgated under this article.
(10) "Incineration" means the process of burning solid, semi-solid or gaseous combustible wastes to an inoffensive gas and a residue containing little or no combustible material.
(11) "Leachate" means any liquid, including any suspended components in liquid, that has percolated through or drained from solid waste.
(12) "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases which will propogate a flame in air at 25EC and atmospheric pressure.
(13) "Microbiological wastes" means and includes cultures and stocks of etiologic agents. The term includes cultures of specimens from medical, pathological, pharmaceutical, research, commercial, and industrial laboratories.
(14) "One-hundred year flood" means a flood that has a one percent or less chance of recurring in any year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period.
(15) "Open burning" means any fire wherein the products of combustion are emitted directly into the outdoor atmosphere and are not directed thereto through a stack or chimney, incinerator, or other similar devices.
(16) "Pathological wastes" means and includes human tissues, organs, body parts, secretions and excretions, blood and body fluids that are removed during surgery and autopsies; and the carcasses and body parts of all animals that were exposed to pathogens in research, were used in the production of biologicals or in the in vivo testing of pharmaceuticals, or that died of known or suspected infectious disease.
(17) "Putrescible" means solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gases, such as kitchen wastes, offal and carcasses.
(18) "Radioactive waste material" means any waste containing radioactive material as defined in G.S. 104E-5(14).
(19) "Regulated Medical Waste" means blood and body fluids in individual containers in volumes greater than 20 ml, microbiological waste, and pathological waste that have not been treated pursuant to Rule .1207 of this Subchapter.
(20) "Respondent" means the person against whom an administrative penalty has been assessed.
(21) "Runoff" means the portion of precipitation that drains from an area as surface flow.
(22) "Sediment" means solid particulate matter both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.
(23) "Sharps" means and includes needles, syringes, and scalpel blades.
(24) "Siltation" means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures and which has been transported from its point of origin within the site land-disturbing activity and which has been deposited, or is in suspension in water.
(25) "Solid waste collector" means any person who collects or transports solid waste by whatever means, including but not limited to, highway, rail, and navigable waterway.
(26) "Solid waste generator" means any person who produces solid waste.
(27) "Spoiled food" means any food which has been removed from sale by the United States Department of Agriculture, North Carolina Department of Agriculture, Food and Drug Administration, or any other regulatory agency having jurisdiction in determining that food is unfit for consumption.
(28) "Steam sterilization" means treatment by steam at high temperatures for sufficient time to render infectious waste non-infectious.
(29) "Transfer facility" means a permanent structure with mechanical equipment used for the collection or compaction of solid waste prior to the transportation of solid waste for final disposal.
(30) "Treatment and processing facility" means a facility used in the treatment and processing of putrescible solid waste for final disposal or for utilization by reclaiming or recycling.
(31) "Vector" means a carrier, usually an arthropod, that is capable of transmitting a pathogen from one organism to another.
(32) "Water supply watershed" means an area from which water drains to a point or impoundment, and the water is then used as a source for a public water supply.
(33) "Water table" means the upper limit of the portion of the ground wholly saturated with water.
(34) "Working face" means that portion of the land disposal site where solid wastes are discharged, spread, and compacted prior to the placement of cover material.
(35) "Agricultural Waste" means waste materials produced from the raising of plants and animals, including animal manures, bedding, plant stalks, hulls, and vegetable matter.
(36) "Backyard Composting" means the on-site composting of yard waste from residential property by the owner or tenant for non-commercial use.
(37) "Compost" means decomposed, humus-like organic matter, free from pathogens, offensive odors, toxins or materials harmful at the point of end use. Compost is suitable for use as a soil conditioner with varying nutrient values.
(38) "Composting Pad" means a surface, whether soil or manufactured, where the process of composting takes place, and where raw and finished materials are stored.
(39) "Compost Facility" means a solid waste facility which utilizes a controlled biological process of degrading non-hazardous solid waste. A facility may include materials processing and hauling equipment; structures to control drainage; and structures to collect and treat leachate; and storage areas for the incoming waste, the final products, and residual materials.
(40) "Composting" means the controlled decomposition of organic waste by naturally occurring bacteria, yielding a stable, humus-like, pathogen-free final product resulting in volume reduction of 30 - 75 percent.
(41) "Curing" means the final state of composting, after the majority of the readily metabolized material has been decomposed, in which the compost material stabilizes and dries.
(42) "Pathogens" means organisms that are capable of producing infection or diseases, often found in waste materials.
(43) "Silviculture Waste" means waste materials produced from the care and cultivation of forest trees, including bark and woodchips.
(44) "Soil Group I" means soil group I as defined in 15A NCAC 13B .0807(a)(1)(A) of the Septage Management Rules.
(45) "Windrow" means an elongated compost pile (typically eight feet wide by ten feet high).
(46) "Yard Waste" means "Yard Trash" and "Land-clearing Debris" as defined in G.S. 130A-290, including stumps, limbs, leaves, grass, and untreated wood.
(47) "Residues from Agricultural Products and Processing" means solids, semi-solids or liquid residues from food and beverage processing and handling; silviculture; agriculture; and aquaculture operations that are non-toxic, non-hazardous, and contain no domestic wastewater.
(48) "Treatment and Processing Waste" means waste that is a residual solid from a wastewater treatment or pretreatment facility.
(49) "Industrial Process Waste" means any solid, semi-solid, or liquid waste generated by a manufacturing or processing plant which is a result of the manufacturing or processing process. This definition does not include packaging materials associated with such activities.
(50) "Mulch" means a protective covering of various substances, especially organic, to which no plant food has been added and for which no plant food is claimed. Mulch is generally placed around plants to prevent erosion, compaction, evaporation of moisture, freezing of roots, and weed growth.
(51) "Soil Scientist" means an individual who is a Certified Professional Soil Scientist or Soil Specialist by American Registry of Certified Professional in Agronomy, Crops, and Soils (ARCPACS) or an individual that demonstrates equivalent experience or education.
(52) "Foreign Matter" means metals, glass, plastics, rubber, bones, and leather, but does not include sand, grit, rocks or other similar materials.
(53) "Land clearing waste" means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material.
(54) "Land clearing and inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
(55) "Yard trash" means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative material.
(56) "Erosion control measure, structure, or device" means physical devices constructed, and management practices utilized, to control sedimentation and soil erosion such as silt fences, sediment basins, check dams, channels, swales, energy dissipation pads, seeding, mulching and other similar items.
(57) "Industrial Solid Waste Landfill"
means a facility for the land disposal of "industrial solid waste" as defined
in Item (11) of Rule .1602 of this Subchapter, and is not a land application
unit, surface impoundment, injection well, or waste pile, as defined under
40 CFR Part 257.
.0102 APPLICABILITY
These solid waste management rules
are for general application throughout the State of North Carolina unless
otherwise specifically indicated by their context. Rules found in Section
.0700 of this Subchapter apply to the Division's program for solid waste
management and also to the Division's program for hazardous waste management.
All other rules of this Subchapter apply to the Division's program for
solid waste management but not to the Division's program for hazardous
waste management. Other hazardous waste management program rules are found
in 15A NCAC 13A. The official policy and purpose of the State of North
Carolina in regard to solid waste control is set forth in Article 9 of
Chapter 130A of the North Carolina General Statutes.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. February 1, 1991
.0103 GENERAL CONDITIONS
(a) All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of in a manner consistent with the requirements of these Rules. The Division of Solid Waste Management is responsible for the enforcement of these Rules.
(b) No radioactive waste material shall be collected and transported, stored, treated, processed, disposed of or reclaimed, except as specifically authorized by a radioactive material license issued by the Division of Radiation Protection, DEHNR.
(c) Solid waste shall be disposed of at a solid waste disposal site in accordance with the Solid Waste Management Act and the Federal Act. Hazardous waste, lead acid batteries, liquid waste, including used oil, regulated medical waste, and any other wastes that may pose a threat to the environment or the public health, as determined by the Division, are prohibited from disposal at a solid waste disposal site.
(d) The Division has developed a "Procedure and Criteria for Waste Determination" which is used to determine whether a waste is:
(2) suitable for disposal at a solid waste management facility.
(B) Waste from a transfer facility other than a facility permitted under these Rules.
(C) Waste generated by a new generator inside the population and geographic area which the Solid Waste Management Facility is permitted to serve if the components of the waste cannot be readily determined otherwise.
(D) Waste generated through a change in industrial process by an existing generator, provided the components of the waste cannot be readily determined otherwise.
(E) A load of waste which a sanitary landfill operator suspects may contain materials which the facility is not permitted to receive.
(F) Requests by a generator interested in transporting waste to an identified solid waste management facility for treatment and processing, transfer or disposal.
(G) All sludges except sludge from water treatment plants.
(H) Other wastes deemed appropriate by the Division for testing before transporting to a solid waste management facility.
(f) White Goods shall not be disposed of at a solid waste disposal site after January 1, 1991.
(g) By July 1, 1991, all solid waste management facilities owned and operated by or on behalf of a local government, except facilities which will receive no waste after July 1, 1992, shall install scales and weigh all solid waste when it is received at the facility.
(h) By July 1, 1991, each local government operating a permitted solid waste management facility shall initiate a solid waste recycling program which shall be designed to achieve the goal of recycling at least 25 percent of the municipal solid waste stream by January 1, 1993, prior to final disposal or incineration at a solid waste disposal facility.
(i) After January 1, 1998, all active
sanitary landfills (except land clearing and inert debris landfills) shall
be equipped with liners, leachate collection systems and final cover systems
as required in Sections .0500 and .1600 of this Subchapter.
History Note: Filed as a Temporary
Amendment Eff. October 28, 1988, for a Period of 180 Days to Expire on
April 26, 1989; Statutory Authority G.S. 130A-294; Eff. April 1, 1982;
Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September
1, 1990.
.0104 SOLID WASTE STORAGE
(a) The owner or occupant of any property, except that exempted as specified in Rule .0103(c) of this Subchapter shall be responsible for the sanitary storage of all solid waste accumulated on the property.
(b) Garbage shall be stored in either durable rust resistant, non-absorbent, water-tight, rodent proof, and easily cleanable containers with a close fitting fly-tight cover, when applicable, or other types of containers acceptable to the local governing agency and conforming to the intent of this Section.
(c) Refuse shall be stored in durable containers or as otherwise provided in this Section. Where garbage is stored in combination with refuse, containers shall meet the requirements for garbage containers.
(d) Hazardous waste shall be stored as prescribed in the applicable state or federal rules.
(e) All containers for the storage of solid waste shall be maintained in such a manner as to prevent the creation of a nuisance or insanitary conditions. Containers that are broken or otherwise fail to meet this Rule shall be replaced with acceptable containers. Refuse too large or otherwise not suitable for storage in containers shall be stored in a nuisance free manner consistent with requirements with the unit of local government.
(f) All solid waste shall be stored
in such a manner as to prevent the creation of a nuisance, insanitary conditions,
or a potential public health hazard.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. February 1, 1988.
.0105 COLLECTION AND TRANSPORTATION OF SOLID WASTE
(a) The solid waste collector shall be responsible for the satisfactory collection and transportation of all solid waste to a permitted disposal site or facility.
(b) The solid waste collector shall transport to a site or facility only those solid wastes which the site or facility is permitted to receive.
(c) Vehicles or containers used for the collection and transportation by whatever means, including but not limited to, highway, rail, and navigable waterway, of garbage, or refuse containing garbage, shall be covered, leakproof, durable, and of easily cleanable construction. These shall be cleaned as often as necessary to prevent a nuisance or insect breeding and shall be maintained in good repair.
(d) Vehicles or containers used for
the collection and transportation of any solid waste shall be loaded and
moved in such a manner that the contents will not fall, leak, or spill
and shall be covered when necessary to keep contents dry and to prevent
blowing of material. If spillage should occur, the material shall be picked
up immediately by the solid waste collector and returned to the vehicle
or container and the area shall be properly cleaned.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. February 1, 1988.
.0106 GENERATOR OF SOLID WASTE
(a) A solid waste generator shall be responsible for the satisfactory storage, collection and disposal of solid waste.
(b) The solid waste generator shall
ensure that his waste is disposed of at a site or facility which is permitted
to receive the waste.
History Note: Statutory Authority
G.S. 130A-294; Eff. January 1, 1985.
.0107 TREATMENT OF INFECTIOUS WASTES
PRIOR TO DISPOSAL
Repealed
effective September 1, 1990.
.0108 OUT-OF-STATE WASTE IN SANITARY LANDFILLS
(a) No permit shall be granted for the disposal of nonradioactive solid waste generated outside the boundaries of North Carolina unless the following conditions are met:
(2) Each load of waste has been inspected by the Solid Waste Regulatory Agency of the nation, state or territory where the waste was generated, and the agency has provided:
(B) certification that the waste is noninjurious to human health and safety.
Rules .0201 - .0205
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0201 - .0205); have been transferred and recodified from Rules .0201 -
.0205 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0201 - .0205), effective April 4, 1990.
.0201 PERMIT REQUIRED
(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).
SECTION .0300 - TREATMENT AND PROCESSING FACILITIES
Rules .0301-.0302 of
Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0301 -.0302); have been transferred and recodified from Rules .0301-.0302
of Title 10 Subchapter 10G of the North Carolina Administrative Code (T10.10G
.0301 - .0302), effective April 4, 1990.
.0301 APPLICATION REQUIREMENTS
This Rule contains the information required for a permit application for each treatment and processing facility. A minimum of three sets of the following information shall be required in each application:
(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; and
(3) Any other information pertinent
to the proposed facility.
.0302 OPERATIONAL REQUIREMENTS
Any person who maintains or operates a treatment and processing facility shall maintain and operate the facility in accordance with the following practices unless otherwise specified in the permit:
(2) A facility shall only accept wastes which it is permitted to receive;
(3) Water that comes in contact with solid waste will be contained on-site or properly treated prior to discharge from the site. A NPDES permit may be required prior to discharge to surface waters;
(4) Equipment for fire control shall be available;
(5) Effective vector control measures shall be applied to control flies, rodents, and other insects or vermin;
(6) Equipment shall be provided in the storage and charging areas and elsewhere as needed or as may be required in order to maintain the facility in a sanitary condition; and
(7) Appropriate methods shall be provided
to confine material subject to be blown by the wind within the area. At
the conclusion of each day of operation, all windblown material resulting
from the operation shall be collected and returned to the area by the owner
or operator.
SECTION .0400 - TRANSFER FACILITIES
Rules .0401 - .0402
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0401 - .0402); have been transferred and recodified from Rules .0401 -
.0402 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0401 - .0402), effective April 4, 1990.
.0401 APPLICATION REQUIREMENTS
This Rule contains the information required for a permit application for each transfer facility. A minimum of three sets of the following information shall be required in each application:
(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; and
(3) Any other information pertinent
to the proposed facility.
.0402 OPERATIONAL REQUIREMENTS
Any person who maintains or operates a transfer facility shall maintain and operate the facility in conformance with the following practices unless otherwise specified in the permit.
(2) A facility shall only accept those wastes which it is permitted to receive;
(3) Water that comes into contact with solid waste will be contained on-site or properly treated prior to discharge from the site. An NPDES permit may be required prior to discharge to surface waters;
(4) Equipment for fire control shall be available;
(5) Effective vector control measures shall be applied to control flies, rodents, and other insects or vermin;
(6) Equipment shall be provided in the storage and charging areas and elsewhere as needed or as may be required in order to maintain the facility in a sanitary condition; and
(7) Appropriate method shall be provided
to confine material subject to be blown by the wind within the area. At
the conclusion of each day of operation, all windblown material resulting
from the operation shall be collected and returned to the area by the owner
or operator.
SECTION .0500 - DISPOSAL SITES
Rules .0501 - .0510
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0501 - .0510); have been transferred and recodified from Rules .0501 -
.0510 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0501 - .0510), effective April 4, 1990.
.0501 APPROVED DISPOSAL METHODS
(a) The disposal of solid waste shall be by the following approved methods or any combination thereof:
(1) Sanitary landfill;
(2) Land clearing and inert debris landfill;
(3) Incineration; or
(4) Disposal by other sanitary methods which may be developed and demonstrated to be capable of fulfilling the basic requirements of these Rules and which have been approved by the Division.
(b) The requirements of this Section
shall not apply to municipal solid waste landfill units, which are defined
under and subject to the requirements of Section .1600 of this Subchapter.
History Note: Statutory Authority
G.S. 130A-294; Amended Eff. October 9, 1993; January 4, 1993; September
1, 1990.
.0502 OPEN DUMPS
A person operating or having operated an open dump for disposal of solid waste or a person who owns land on which such an open dump is or has been operating shall immediately close the site in accordance with the following requirements:
(2) If the site is deemed suitable by the Division, compact and cover existing solid waste in place with one foot or more of suitable compacted earth; a condition of closing the site by compacting and covering the waste in place shall be recordation of the waste disposal location by the property owner with the Register of Deeds in the county where the land lies. Copies of the recordation procedure may be obtained from and inspected at the Division of Solid Waste Management;
(3) If the site is deemed unsuitable by the Division, remove and place solid waste in an approved disposal site or facility;
(4) Implement erosion control measures by grading and seeding; and
(5) Prevent unauthorized entry to
the site by means of gates, chains, berms, fences, and other security measures
approved by the Division and post signs indicating closure for a period
designated by the Division not to exceed one year.
.0503 SITING AND DESIGN REQUIREMENTS FOR DISPOSAL SITES
Disposal sites shall comply with the following requirements in order for a permit to be issued:
(b) A site shall be located in consideration of the following:
(ii) a site shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 C.F.R. Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This information is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost;
(iii) a site shall not damage or destroy an archaeological or historical site; and
(iv) a site shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state nature and historic preserve.
(d) A site shall have available adequate suitable soils for cover either on-site or from off-site.
(c) A site shall meet the following surface water requirements:
(ii) A site shall not cause a discharge of dredged material or fill material into waters of the state that is in violation of the requirements under Section 404 of the Clean Water Act, as amended, or that is in violation of any state requirements regulating the discharge of dredged or fill material into waters of the state, including wetlands; and
(iii) A site shall not cause non-point source pollution of waters of the state that violates assigned water quality standards.
(ii) Operators of new industrial solid waste landfills, lateral expansions of existing industrial solid waste landfills, and industrial solid waste landfills receiving solid waste on or after January 1, 1998 shall submit to the Division a design which satisfies one of the following criteria:
(I) the hydrogeologic characteristics of the facility and surrounding lands;
(III) the volume and physical and chemical characteristics of the leachate; or
(iv) Industrial solid waste landfills shall comply with ground water standards established under 15A NCAC 2L at the compliance boundary.
(f) A site, except a land clearing and inert debris landfill, shall meet the following buffer requirements:
(ii) A 500-foot minimum buffer between private dwellings and wells and disposal areas; and
(iii) A 50-foot minimum buffer between streams and rivers and disposal areas; and
.0504 APPLICATION REQUIREMENTS FOR SANITARY LANDFILLS
A permit for a sanitary landfill shall be based upon a particular stream of identified waste, as set forth in Rule .0504 (g)(i) and (ii) of this Section. Any substantial change in the population or area to be served, or in the type, quantity or source of waste shall require a new permit and operation plan, including waste determination procedures where appropriate. Five sets of plans shall be required with each application.
(iii) Location of all homes, industrial buildings, public or private utilities, and roads;
(iv) Location of wells, watercourses, dry runs, and other applicable details regarding the general topography; and
(iii) Water intakes;
(iv) Airport and runways; and
(i) Soil borings for which the numbers and depths have been confirmed by the Division and lab testing of selected soil samples that provide:
(B) particle size analysis;
(C) soil classification - USCS;
(D) geologic considerations (slopes, solution features, etc.);
(E) undisturbed representative geologic samples of the unconfined or confined or semiconfined hydrological units within a depth of 50 feet that provide the following information for each major lithologic units:
(II) volume percent water; and
(III) porosity;
(F) remolded sample of cover soils that provide:
(I) saturated hydraulic conductivity,
(II) total porosity,
(III) atterberg limits;
(H) tabulation of water table elevations at time of boring, 24 hours, and seven days (The number of cased borings to provide this information shall be confirmed by the Division.); and
(iii) A potentiometric map of the surfical aquifer based on stabilized water table elevations; and
(e) Local government approvals:
(ii) A letter from the unit of government having zoning jurisdiction over the site which states that the proposal meets all of the requirements of the local zoning ordinance, or that the site is not zoned.
(iii) the equipment that will be used for operating the site;
(v) a more detailed geologic report may be required depending on specifics of the site. This report may be based on physical evidence, initially, or due to information obtained from the site plan application.
(iii) springs;
(iv) streams;
(vii) soil boring locations.
(b) A grading plan that provides:
(iii) locations and elevations of dikes or trenches;
(iv) designated buffer zones;
(iii) locations of slope drains or other drop structures.
(ii) locations of permanent erosion control measures (rip-rap, energy dissipators, ditch stabilization, pipe drain, etc.); and
(e) Detailed diagrams showing typical sections of:
(i) dikes,
(ii) trenches,
(iii) diversions,
(iv) sediment basins, and
(v) other pertinent details.
(f) A minimum of two cross sections per operational area showing:
(i) original elevations,
(ii) proposed excavated depths,
(iii) proposed final elevations,
(iv) ground-water elevation, and
(v) soil borings.
(g) Site development showing phases or progression of operation.
(h) A written report that contains the following:
(iii) Projected use of land after completion of the sanitary landfill;
(iv) Anticipated lifetime of the project;
(x) A discussion of compliance with design requirements in Rule .0503(2) of this Section; and
(xi) Any other information pertinent
to the proposed construction plan.
.0505 OPERATIONAL REQUIREMENTS FOR SANITARY LANDFILLS
Any person who maintains or operates a sanitary landfill site shall maintain and operate the site in conformance with the following practices, unless otherwise specified in the permit: (1) Plan and Permit Requirements
(b) Specified monitoring and reporting requirements shall be met.
(b) Solid waste shall be compacted as densely as practical into cells.
(b) Areas which will not have additional wastes placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover.
(c) After final termination of disposal operations at the site or a major part thereof, or upon revocation of a permit, the area shall be covered with at least two feet of suitable compacted earth.
(b) Adequate erosion control measures shall be practiced to prevent excessive on-site erosion.
(a) Surface water shall be diverted from the operational area.
(c) Completed areas shall be adequately sloped to allow surface water runoff in a controlled manner.
(b) Temporary seeding will be utilized as necessary to stabilize the site.
(b) An attendant shall be on duty at the site at all times while it is open for public use to ensure compliance with operational requirements.
(c) The access road to the site shall be of all-weather construction and maintained in good condition.
(d) Dust control measures shall be
implemented where necessary.
(b) Signs shall be posted stating that no hazardous or liquid waste can be received without written permission from the Division.
(c) Traffic signs or markers shall be provided as necessary to promote an orderly traffic pattern to and from the discharge area and to maintain efficient operating conditions.
(b) Equipment shall be provided to control accidental fires or arrangements shall be made with the local fire protection agency to immediately provide fire-fighting services when needed.
(c) Fires that occur at a sanitary landfill shall be reported to the Division within 24 hours and a written notification shall be submitted within 15 days.
(d) The removal of solid waste from a sanitary landfill is prohibited unless the owner/operator approves and the removal is not performed on the working face.
(e) Barrels and drums shall not be disposed of unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste is contained therein.
(d) Asbestos waste that is packaged in accordance with 40 CFR 61, which is adopted by reference in accordance with G.S. 150B-14(c), may be disposed of separate and apart from other solid wastes at the bottom of the working face or in an area not contiguous with other disposal areas, in either case, in virgin soil. Separate areas shall be clearly marked so that asbestos is not exposed by future land-disturbing activities. The waste shall be covered immediately with soil in a manner that will not cause airborne conditions. Copies of 40 CFR 61 may be obtained and inspected at the Division.
(e) Wastewater treatment sludges may only be used as a soil conditioner and incorporated into the final two feet of cover. Sludges shall be examined for acceptance by Waste Determination procedures in Rule .0103(d) of this Subchapter.
(b) Appropriate methods such as fencing
and diking shall be provided within the area to confine solid waste subject
to be blown by the wind. At the conclusion of each day of operation, all
windblown material resulting from the operation shall be collected and
returned to the area by the owner or operator.
.0506 APPLICATION REQUIREMENTS
FOR DEMOLITION LANDFILLS
Repealed
effective Jan. 4, 1993.
.0507 OPERATIONAL REQUIREMENTS
FOR DEMOLITION LANDFILLS
Repealed
effective Jan.4, 1993.
.0508 APPLICATION REQUIREMENTS FOR INCINERATORS
Five sets of plans shall be required for each application.
(2) A copy of the air quality permit application to the Division of Environmental Management, Department of Environment, Health and Natural Resources;
(3) 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 site meets all of the requirements of the local zoning ordinance, or that the site is not zoned; and
(4) The type, quantity and source of waste for disposal.
.0509 OPERATIONAL REQUIREMENTS FOR INCINERATORS
Any person who maintains or operates an incinerator shall maintain and operate the site in conformance with the following practices, unless otherwise specified in the permit:
(2) The incinerator plant shall be so situated, equipped, operated, and maintained as to minimize interference with other activities in the area;
(3) All solid waste to be disposed of at the site shall be confined to the dumping area. Adequate storage facilities shall be provided;
(4) Effective vector control measures shall be applied to control flies, rodents, and other insects or vermin;
(5) Equipment shall be provided in the storage and charging areas and elsewhere as needed or as may be required in order to maintain the plant in a sanitary condition;
(6) All residue from the incinerator plant shall be promptly disposed of at an approved sanitary landfill site;
(7) An air quality permit issued by the Division of Environmental Management, Department of Environment, Health, and Natural Resources, shall be obtained prior to operation;
(8) A site shall only accept those solid wastes which it is permitted to receive; and
(9) Water that comes into contact with solid waste will be contained
on-site or properly treated prior to discharge. A NPDES permit may be required
prior to discharge to surface waters.
.0510 CLOSURE CONDITIONS
(a) When the disposal site has been closed in accordance with Rule .0505 of this Subchapter, the operator shall:
(2) Provide test holes, as specified by the Division, to determine compliance for final cover.
(c) When a solid waste disposal site has been closed in accordance with the requirements of the Division, future necessary maintenance and water quality monitoring shall be the responsibility of the owner and the operator and shall be specified in the closure letter.
(d) When a solid waste disposal site has been closed in accordance
with the requirements of the Division, the permit is terminated. Any future
disposal at the site shall require a new permit.
History Note: Statutory Authority G.S. 130A-294; Eff. April 1,
1982; Amended Eff. Sep.1, 1990; February 1, 1988.
.0511 THRU .0559 RESERVED FOR FUTURE CODIFICATION
.0560 LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Rules .0560 - .0566
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0560 - .0566); have been adopted covering the siting, design, and permitting
of land clearing and inert debris landfills, effective January 4, 1993.
History Note: Statutory Authority G.S. 130A-293; Eff. January 4, 1993.
.0561 RESERVED FOR FUTURE CODIFICATION
.0562 BENEFICIAL FILL
A permit is not required for beneficial fill activity that meets all of the following conditions:
(2) The fill activity involves no excavation.
(3) The purpose of the fill activity is to improve land use potential or other approved beneficial reuses.
(4) The fill activity is not exempt
from, and must comply with, all other applicable Federal, State, and Local
laws, ordinances, rules, and regulations, including but not limited to
zoning restrictions, flood plain restrictions, wetland restrictions, mining
regulations, sedimentation and erosion control regulations. Fill activity
shall not contravene groundwater standards.
.0563 APPLICABILITY REQ. FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS
Management of land clearing and inert debris shall be in accordance with the State hierarchy for managing solid waste as provided for under G.S. 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling is necessary, the requirements of this Rule apply.
(b) The total disposal area is under two acres in size.
(c) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566.
(d) The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws, ordinances, Rules, regulations, or orders, including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions, sedimentation and erosion control requirements, and mining regulations.
(b) The owner must file the prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification in the grantor index under the name of the owner of the land in the county or counties in which the land is located. A copy of the recorded notification, affixed with the Register's seal and the date, book and page number of recording shall be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill 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 Land Clearing and Inert Debris Landfill and a reference by book and page to the recordation of the notification.
(b) The total disposal area is greater than two acres in size.
(b) Waste is landfilled within the project right of way from which it was generated.
(c) The disposal area shall not exceed two contiguous acres in size.
(d) Disposal sites shall comply with the siting requirements of Rule .0564 of this Section except for Item (10).
(e) Disposal sites are not subject to the requirements of Item (2) of this Rule and Rule .0204 of this Subchapter.
(b) Operations must be in compliance with Rule .0566 of this Section as of the effective date of this Rule.
(c) Existing demolition landfills
must comply with the siting criteria requirements of these Rules as of
January 1, 1998 or cease operations and close in accordance with these
Rules.
.0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
(2) Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
(3) Facilities or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost.
(4) Facilities or practices shall not damage or destroy an archaeological or historical site.
(5) Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state nature and historic preserve.
(6) Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).
(7) It must be shown that adequate suitable soils are available for cover, either from on or off site.
(8) Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
(b) Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation of the requirements under Section 404 of the Clean Water Act, as amended.
(c) Facilities or practices shall not cause non-point source pollution of waters of the state that violates assigned water quality standards.
(d) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of four feet above the seasonal high water table, except where an alternative separation is approved by the Division.
(e) Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.
(b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of public health and the environment.
.0565 APPLICATION REQUIREMENTS FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS
Five sets of plans, maps, and reports shall be required with each application. The seal of a professional engineer is required when submitting plans for a Land Clearing and Inert Debris (LCID) landfill.
(b) Location on a county road map.
(c) Information showing that the bottom elevation of the waste shall be four feet above the seasonal high water table. Seasonal high water table elevations shall be obtained from on site test borings, test pits, or from other geological or water table investigations, studies, or reports from the immediate area of the proposed facility.
(d) A written report indicating that the facility shall comply with all the requirements set forth under Rule .0564 of this Section.
(e) A copy of the deed or other legal description of the site that would be sufficient as a description in an instrument of conveyance, showing property owner's name.
(f) Any other information pertinent to the suitability of the proposed facility.
(b) Location of all homes, buildings, public or private utilities, roads, wells, watercourses, water or other impoundments, and any other applicable features or details.
(c) 100-year flood plain boundaries, if any.
(d) Wetland boundaries, if any.
(e) Historical or archaeological sites, if any.
(f) Park, scenic, or recreation area boundaries, if any.
(b) Easements and right-of-ways.
(c) Existing pertinent on site and adjacent structures such as houses, buildings, wells, roads and bridges, water and sewer utilities, septic fields, and storm drainage features.
(d) Proposed and existing roads, points of ingress and egress along with access control such as gates, fences, or berms.
(e) Buffer and set back lines along with the buffered boundary or feature.
(f) Springs, streams, creeks, rivers, ponds, and other waters and impoundments.
(g) Wetlands, if any.
(h) Boundary of the proposed waste area.
(i) Existing topography with contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify existing topographic conditions.
(j) Proposed excavation, grading, and final contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify proposed grading. Excavation, grading, and fill material side slopes shall not exceed three to one (3:1).
(k) Where on site borrow for operational and final cover is proposed, indicate the borrow excavation and grading plan with contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify proposed grading.
(l) Proposed surface water control features and devices such as slope drains, storm water pipes, inlets, culverts, and channels.
(m) Information showing that the project meets the requirements of 15A NCAC 4, Sedimentation Control Rules.
(n) Location of test borings or test pits, if used to determine the seasonal high water table elevation, shall be shown on the plans.
(o) A minimum of two cross-sections, one each along each major axis, per operational area showing:
(i) Original elevations.
(ii) Proposed excavation.
(iii) Proposed final elevations.
(b) Projected use of the land after completion.
(c) Description of systematic usage of disposal area, operation, orderly development and closure of the landfill.
(d) Type, source, and quantity of waste to be accepted.
(e) An emergency contingency plan,
including fire fighting procedures.
.0566 OPERATIONAL REQ. FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements:
(2) The facility shall only accept those solid wastes which it is permitted to receive.
(3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
(4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
(5) 120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.
(6) Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion.
(7) Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development.
(8) The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes.
(9) Access roads shall be of all-weather construction and properly maintained.
(10) Surface water shall be diverted from the working face and shall not be impounded over waste.
(11) Solid waste shall not be disposed of in water.
(12) Open burning of solid waste is prohibited.
(13) The concentration of explosive gases generated by the facility shall not exceed:
(b) The lower explosive limit for the gases at the property boundary.
(15) Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602 of this Subchapter.
(16) A sign shall be posted at the
facility entrance showing the contact name and number in case of an emergency
and the permit number. The permit number requirement is not applicable
for facilities not requiring an individual permit.
SECTION .0600 - MONITORING REQUIREMENTS
Rules .0601 - .0602
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0601 - .0602); have been transferred and recodified from Rules .0601 -
.0602 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0601 - .0602), effective April 4, 1990.
.0601 GROUND-WATER MONITORING
(a) The Division shall require a solid waste management facility to provide such ground-water monitoring capability as the Division determines to be necessary to detect the effects of the facility on ground-water in the area. In making such a determination, the Division shall consider the following factors:
(2) soil and other geological conditions in the area;
(3) nearness of ground-water to the facility;
(4) uses that are being or may be made of any ground-water that may be affected by the facility; and
(5) any other factors that reasonably relate to the potential for ground-water effects from the facility.
(c) Any other information that the Division deems pertinent to the development of a ground-water monitoring system will be required.
(d) All monitoring wells required pursuant to this Rule shall comply with monitoring well construction standards of 15A NCAC 2C .0105. Copies of 15A NCAC 2C may be obtained from and inspected at the Division.
(e) A record of well installation shall be filed with the Division upon completion of the monitoring wells.
(f) Groundwater quality monitoring
wells shall be constructed of materials, and by procedures, approved by
the Division.
History Note: Statutory Authority
G.S. 130A-294; Eff. April 1, 1982; Amended Eff. September 1, 1990; August
1, 1988; January 1, 1985.
.0602 SURFACE WATER MONITORING
(a) The Division shall require a solid waste management facility to provide such surface water monitoring capability as the Division determines to be necessary to detect the effects of the facility on surface water in the area. In making such a determination, the Division shall consider the following factors:
(2) drainage patterns and other hydrological conditions in the area;
(3) nearness of surface water to the facility;
(4) uses that are being or may be made of any surface water that may be affected by the facility; and
(5) any other factors that reasonably relate to the potential for surface water effects from the facility.
(c) Any other information that the
Division deems pertinent to the development of a surface water monitoring
system will be required.
History Note: Statutory Authority
G.S. 130A-294; Eff. April 1, 1982.
SECTION .0700 - ADMINISTRATIVE PENALTY PROCEDURES
Rules .0701 - .0707
of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B
.0701 - .0707); have been transferred and recodified from Rules .0701 -
.0707 of Title 10 Subchapter 10G of the North Carolina Administrative Code
(T10.10G .0701 - .0707), effective April 4, 1990.
.0701 ADMINISTRATIVE PENALTIES
The following rules shall govern the
assessment, remission, mitigation and appeal of administrative penalties
imposed by the Division under the Solid Waste Management Act, Article 9
of Chapter 130A of the North Carolina General Statutes.
History Note: Statutory Authority
G.S. 130A-22(f); Eff. April 1, 1982; Amended Eff. September 1, 1990; October
1, 1984.
.0702 STANDARDS
In determining the amount of the administrative penalty, the Division shall consider the following standards:
(ii) type of waste involved;
(iii) duration of the violation;
(iv) cause (whether resulting from a negligent, reckless or intentional act or omission);
(v) potential effect on public health and the environment;
(vi) effectiveness of responsive measures taken by the violator;
(vii) damage to private property.
(ii) duration of the violation;
(iii) cause (whether resulting from a negligent, reckless or intentional act or omission);
(iv) type of violation, if any;
(v) potential effect on public health and the environment;
(vi) effectiveness of responsive measures taken by violator.
(ii) duration of refusal;
(iii) potential effect on public health and the environment;
(iv) type of waste handled by violator at the solid waste management facility.
(3) The violator's previous record
in complying or not complying with the Solid Waste Management Act and the
regulations promulgated thereunder.
.0703 PROCEDURE FOR ASSESSMENT: REVOCATION OF PERMIT
(a) Depending on the violation involved, the Division may issue a notice of penalty assessment immediately or grant the violator a period of time within which to cease the violation.
(b) For all violations for which a penalty is assessed a notice of such action shall be sent the respondent by registered or certified mail. The notice shall describe the nature of the violation with reasonable particularity, the amount of the penalty for each violation, that each day of a continuing violation constitutes a separate violation, advise that the penalty is now due or that it will become due at the end of a specified time, and advise the respondent of his rights of appeal.
(c) In addition to any assessment that might be appropriate, the Division may suspend or revoke the permit of any facility in accordance with G.S. 130A-23.
(d) The Division or its delegates may modify a penalty upon finding that additional or different facts should have been considered in determining the amount of the assessment or upon finding that the respondent has corrected or mitigated the harm cause by the violation.
History Note: Statutory Authority
G.S. 130A-22(f); Eff. April 1, 1982; Amended Eff. May 1, 1987.
.0704 PAYMENTS: HEARING
(a) Within 60 days after receipt of notification of a penalty assessment, payment must be tendered unless a written request for an administrative hearing has been filed pursuant to G.S. 130A-22. All written requests for a hearing shall be made in accordance with G.S. 150B.
(b) Payment may be tendered in conjunction with a hearing request and in such case, the payment shall be accepted as conditional upon final action.
(c) This Rule shall not preclude informal conferences concerning the penalty assessed.
(d) The Division shall acknowledge
the receipt of all payments.
History Note: Statutory Authority G.S. 130A-22(f); Eff. April 1, 1982;Amended Eff. Sep.1, 1990
.0705 STAY OF PENALTY ASSESSMENT
When an administrative hearing is
requested for a purpose other than remission or reduction of the penalty
assessed, the penalty will be stayed as of the date of receipt of the request
by the Office of Administrative Hearings until service of the final decision
or other settlement of the matter.
History Note: Statutory Authority
G.S. 130A-22(f); Eff. April 1, 1982; Amended Eff. May 1, 1987.
.0706 WAIVER OF ADMINISTRATIVE HEARING
A respondent waives his right to a hearing when he:
(2) fails to request a hearing within 30 days of receipt of notice of penalty assessment; or
(3) fails to attend a scheduled administrative
hearing.
.0707 REFERRAL
History Note: Statutory Authority
G.S. 130A-22(f); Eff. April 1, 1982; Repealed Eff. Sep.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 Code
(T10.10G .0901 - .0914), effective April 4, 1990.
Sections .0801 through .0814 are
Repealed
effective October 1, 1995.
.0815 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.
(b) Copies of Federal statutes, test methods and procedures, and other published standards referenced in this Section are hereby incorporated by reference, including subsequent amendments or additions, and may be obtained from the Solid Waste Section at no cost.
(c) Copies of all material incorporated
by reference are available for inspection at the Department of Environment,
Health, and Natural Resources, Division of Solid Waste Management, Solid
Waste Section, 401 Oberlin Road, Raleigh, N.C. 27605.
History Note: Statutory Authority
G.S. 130A-291.1; Eff. October 1, 1995.
.0816 DEFINITIONS
As used in this Section:
(2) "Place of business" means any store, warehouse, manufacturing establishment, place of amusement or recreation, service station, food handling establishment, office, or any other place where people work or are served.
(3) "Place of public assembly" means any fairground, auditorium, stadium, church, campground, theater, school, or any other place where people gather or congregate.
(4) "Residence" means any habitable home, hotel, motel, summer camp, labor work camp, mobile home, dwelling unit in a multiple-family structure, or any other place where people reside.
(5) "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including bedrock or weathered rock, not exhibiting the properties of soil.
(6) "Septage" means septage as defined in G.S. 130A-290(a)(32) and also shall include washings from the interior of septage handling containers, including pumper trucks.
(7) "Septage Management Facility" means land, personnel, and equipment used in the management of septage, including but not limited to, land application sites.
(8) "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of sand, silt, and clay minerals and variable amounts of organic materials.
(9) "Soil textural classes" means soil classification based upon size distribution of mineral particles in the fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand (2.0 - 0.05 mm in size), silt (0.05 mm -0.002 mm), and clay (less than 0.002 mm in size) particles. The specific textural classes are defined as follows:
(b) "Loamy sand" means soil material that contains at the upper limit 85 to 90 percent sand, and the percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower limit it contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the percentage of clay does not exceed 30;
(c) "Sandy loam" means soil material that contains either 20 percent clay or less, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or less than 7 percent clay, less than 50 percent silt, and between 43 and 52 percent sand;
(d) "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand;
(e) "Silt loam" means soil material that contains 50 percent or more silt and 12 to 27 percent clay; or contains 50 to 80 percent silt and less than 12 percent clay;
(h) "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 45 percent sand;
(j) "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or more sand;
(10) "Treatment of septage" means the preparation of septage for final use or disposal. Treatment includes, but is not limited to, thickening, stabilization, and dewatering of septage. Treatment does not include storage of septage.
(11) Definitions in 40 CFR 503.9(d),
(g), (h), (j), (k), (l), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a),
(b), (c), (d), (f), (g), (h), (i), (k), (l), (m), (n) are incorporated
by reference including subsequent amendments and editions. Copies of the
Code of Federal Regulations may be obtained from the Solid Waste Section
at no cost.
.0817 SEPTAGE MANAGEMENT FIRM PERMITS
(a) No person shall operate a Septage Management Firm without first obtaining a permit from the Division as required under G.S. 130A-291.1(c).
(b) The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated from properties which they own, lease or manage as part of a business, including but not limited to mobile homes, mobile home parks, and other residential and commercial property.
(c) No person shall manage or dispose of waste from portable toilet(s), regardless of ownership of the toilet(s), unless that person is permitted to operate a septage management firm.
(d) To apply for a permit, a person proposing to operate a septage management firm shall submit the following information to the Division by January 1 of each year:
(1) Owner's name, address and phone number;
(2) Business name, address and phone number;
(3) Type(s) of septage handled;
(4) Number of pumper trucks;
(5) Capacity and type of septage handled by each pumper truck;
(6) Vehicle license and serial numbers of each pumper truck;
(7) Counties in which the firm operates;
(8) Disposal method(s) for septage;
(9) Permit number for each septage land application site to be used;
(11) Written authorization on official letterhead or a notarized wastewater treatment plant authorization form shall be submitted from an individual responsible for the operation of each wastewater treatment plant used for disposal indicating:
(D) Duration of authorization.
(12) The appropriate annual permit fee in accordance with G.S. 130A-291.1(e).
(e) A septage management firm permit shall not be issued unless the applicant has submitted to the Division written documentation of authorized access to dispose of septage at a wastewater treatment plant, a permitted septage land application site, or other permitted septage treatment facility. Documentation from each plant, site, or other facility shall include the types and amount of septage which may be discharged.
(f) Septage management firm permits shall not be issued until all parts of the application have been completed to the satisfaction of the Division.
(g) The Division may refuse to process a permit application if the applicant has any unsettled administrative penalties, overdue penalty payments, or pump trucks that do not meet the requirements of this Section.
(h) Septage management firm permits
are issued for one calendar year, beginning January 1. Permits issued after
January 1, shall be effective only until December 31 of that calendar year.
Permits are non-transferable.
History Note: Statutory Authority
G.S. 130A-291.1; Eff. October 1, 1995.
.0818 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), unless the firm notifies the Division prior to January 1 that the firm will not operate during the next year. Fees shall be paid to the Division of Solid Waste Management, Solid Waste Section, P.O. Box 27687, Raleigh, NC 27611-7687. This fee may be paid by check or money order made payable to the Division of Solid Waste Management.
(b) Failure to apply for permit renewal or failure to pay the permit fee by January 1 shall result in assessment of an administrative penalty pursuant to G.S. 130A-22(a) equal to one-half the fee set forth in G.S. 130A-291.1(e). Failure to pay the fee and the administrative penalty within 45 days after January 1 shall result in an additional administrative penalty of ten dollars ($10.00) per day for each day thereafter that the fee and penalty are not paid.