N.C. Department of Environment and Natural Resources
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Superfund Section > Inactive Hazardous Sites Branch

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ADDRESSING OLD LANDFILLS & DUMPS

Legislation in 2007 (SB1492) established a program to address pre-regulatory landfills that closed prior to January 1, 1983 when waste disposal permitting regulations commenced.  This legislation adds new provisions to the Inactive Hazardous Sites Response Act for addressing these landfills.  This new program will be implemented by the Pre-Regulatory Landfill Unit within the Inactive Hazardous Sites Branch.

The law imposes a tax of $2/ton on municipal solid waste and construction and demolition debris disposed in landfills in North Carolina or transferred out of state for disposal.  One half of this tax will go to the Branch to prioritize, assess and implement a remedial action plan for each pre-regulatory landfill.  A pre-regulatory landfill is defined as any land area, whether publicly or privately owned, on which municipal solid waste disposal occurred prior to January 1, 1983, but not thereafter, but does not include any landfill used primarily for the disposal of industrial solid waste.

The tax took effect July 1, 2008.  Some of the initial proceeds will go toward reimbursing certain landfill permit applicants for application costs.  The remaining revenue comes to the Branch to address the pre-regulatory landfills.  The Pre-Regulatory Landfill Unit will have dedicated staff to oversee contractors conducting the work.  A unit of local government may voluntarily undertake assessment of the site and remedial action of imminent hazards and get reimbursed if the work is pre-approved by the Unit and complies with the requirements of  G.S. 130A-310.6 (f).

The Pre-Regulatory Landfill Unit has received funding and staff positions are in the process of being filled.  Initial contracting to conduct assessment and remedial action work is also underway.  Letters of interest from environmental consulting firms interested in receiving a contract to perform assessment and remedial activities at the pre-regulatory landfills were due on April 14, 2009.  Those letters of interest have been screened and forwarded to the State Construction Office.  A shortlist of firms have been selected and the State Construction Office is contacting those firms to request and schedule a presentation/question and answer session for consideration for a contract.  At this time, a second round of contracting is not yet planned.  All questions regarding these contracts should be submitted via email to Bruce Lefler at bruce.lefler@ncdenr.gov

The Guidelines for Addressing Old Landfills & Dumps provide assessment guidelines for these old landfill sites and are a supplement to the Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup
 

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