05RUL

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:

(1) Implement effective vector control, including baiting for at least two weeks after closing, to prevent vector migration to adjacent properties;

(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.

History Note: Statutory Authority G.S. 130A-294; Eff. April 1, 1982; Amended Eff. Jan. 4, 1993

.0503 SITING AND DESIGN REQUIREMENTS FOR DISPOSAL SITES

Disposal sites shall comply with the following requirements in order for a permit to be issued:

(1) A site shall meet the following siting requirements:
(a) A site located in a floodplain shall not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain or result in washout of solid waste so as to pose a hazard to human life, wildlife or land or water resources.

(b) A site shall be located in consideration of the following:

(i) a site shall not cause or contribute to the taking of any endangered or threatened species of plants, fish or wildlife;

(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.

(c) A new site disposing of putrescible wastes shall not be located within 10,000 feet of an airport runway used by turbojet aircraft or within 5,000 feet of an airport runway used by piston-type aircraft; and

(d) A site shall have available adequate suitable soils for cover either on-site or from off-site.

(2) A site shall meet the following design requirements:
(a) The concentration of explosive gases generated by the site shall not exceed:
(i) twenty-five percent of the limit for the gases in site structures (excluding gas control or recovery system components); and

(ii) the lower explosive limit for the gases at the property boundary;

(b) A site shall not allow uncontrolled public access so as to expose the public to potential health and safety hazards at the disposal site;

(i) A site shall not cause a discharge of pollutants into waters of the state that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended, or that is in violation of standards promulgated under G.S. 143-214.1 and G.S. 143-215;

(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.

(d) A site shall meet the following ground water requirements:
(i) A site, except for land clearing and inert debris landfills subject to Rule .0564(8)(e) of this Section, shall be designed so that the bottom elevation of solid waste will be a minimum of four feet above the seasonal high water table;

(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:

(A) a design that will ensure that the ground water standards established under 15A NCAC 2L will not be exceeded in the uppermost aquifer at the compliance boundary established by the Division in accordance with 15A NCAC 2L. The design shall be based upon modeling methods acceptable to the Division, which shall include, at a minimum, the following factors:
(I) the hydrogeologic characteristics of the facility and surrounding lands; (II) the climatic factors of the area; and

(III) the volume and physical and chemical characteristics of the leachate; or

(B) a design with a leachate collection system, a closure cap system, and a composite liner system consisting of two components; the upper component shall consist of a minimum 30-ml flexible membrane and (FML), the lower components shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 X 10-7cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-ml thick. The FML component shall be installed in direct and uniform contact with the compacted soil component. (iii) The Division reserves the right to require an applicant to submit a liner design if the groundwater protection demonstration in sub-item (ii) of this paragraph is not satisfactory.

(iv) Industrial solid waste landfills shall comply with ground water standards established under 15A NCAC 2L at the compliance boundary.

(e) A site shall not engage in open burning of solid waste;

(f) A site, except a land clearing and inert debris landfill, shall meet the following buffer requirements:

(i) A 50-foot minimum buffer between all property lines and disposal areas;

(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

(g) Requirements of the Sedimentation Pollution Control Law (15A NCAC 4) shall be met. History Note: Statutory Authority G.S. 130A-294; Amended Eff. October 1, 1995;

.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.

(1) The following information shall be required for reviewing a site application for a proposed sanitary landfill:

(a) An aerial photograph on a scale of at least 1 inch equals 400 feet and a blueprint of the photograph accurately showing the area within one-fourth mile of the proposed site's boundaries with the following specifically identified: (i) Entire property owned or leased by the person proposing the disposal site; (ii) Land use and zoning;

(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

(v) Flood plains.

(b) A map on a scale of at least 1 inch equals 1000 feet showing the area within two miles of the proposed site's boundaries with the following specifically identified: (i) Significant ground-water users; (ii) Potential or existing sources of ground-water and surface water pollution;

(iii) Water intakes;

(iv) Airport and runways; and

(v) Subdivisions. (c) A geological and hydrological study of the site which provides:

(i) Soil borings for which the numbers and depths have been confirmed by the Division and lab testing of selected soil samples that provide:

(A) standard penetration - resistance;

(B) particle size analysis;

(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:

(I) saturated hydraulic conductivity (or by in-situ);

(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;

(G) stratagraphic cross-sections identifying hydrogeological units including lithology;

(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

(I) boring logs;

(ii) A boundary plat locating soil borings with accurate horizontal and vertical control which are tied to a permanent onsite bench mark;

(iii) A potentiometric map of the surfical aquifer based on stabilized water table elevations; and

(iv) A report summarizing the geological and hydrological evaluation. (d) A conceptual design plan presenting special engineering features or considerations which must be included or maintained in site construction, operation, maintenance and closure.

(e) Local government approvals:

(i) If the site is located within an incorporated city or town, or within the extra-territorial jurisdiction of an incorporated city or town, the approval of the governing board of the city or town shall be required. Otherwise, the approval of the Board of Commissioners of the county in which the site is located shall be required. Approval may be in the form of either a resolution or a vote on a motion. A copy of the resolution, or the minutes of the meeting where the vote was taken, shall be forwarded to the Division.

(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.

(f) A discussion of compliance with siting standards in Rule .0503(1) of this Subchapter. (g) A report indicating the following: (i) population and area to be served; (ii) type, quantity and source of waste;

(iii) the equipment that will be used for operating the site;

(iv) a proposed groundwater monitoring plan including well location and schematics showing proposed screened interval, depth and construction; and

(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.

(h) Any other information pertinent to the suitability of the proposed site. (2) The following information shall be required for reviewing a construction plan application for a proposed sanitary landfill: (a) A map showing existing features to include: (i) existing topography of the site on a scale of at least 1 inch equals 200 feet with five foot contours; (ii) bench marks;

(iii) springs;

(iv) streams;

(v) potential ground-water monitoring sites;

(vi) pertinent geological features; and

(vii) soil boring locations.

(b) A grading plan that provides:

(i) proposed excavated contours; (ii) soil boring locations;

(iii) locations and elevations of dikes or trenches;

(iv) designated buffer zones;

(v) diversion and controlled removal of surface water from the work areas; and

(vi) proposed utilities and structures.

(c) A construction plan that provides: (i) engineering design for liners, leachate collections systems; (ii) proposed final contours showing removal of surface water runoff; and

(iii) locations of slope drains or other drop structures.

(d) An erosion control plan that identifies the following: (i) locations of temporary erosion control measures (sediment basins, stone filters, terraces, silt fences, etc.);

(ii) locations of permanent erosion control measures (rip-rap, energy dissipators, ditch stabilization, pipe drain, etc.); and

(iii) seeding specifications and schedules.

(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:

(i) A copy of the deed or other legal description of the landfill site that would be sufficient as a description in an instrument of conveyance and property owner's name;

(ii) Name of individual responsible for operation and maintenance of the site;

(iii) Projected use of land after completion of the sanitary landfill;

(iv) Anticipated lifetime of the project;

(v) Description of systematic usage of area, operation, orderly development and completion of the sanitary landfill;

(vi) Earthwork calculations;

(vii) Seeding specifications and schedules;

(viii)Calculations for temporary and permanent erosion control measures;

(ix) Any narrative necessary to describe compliance with the Sedimentation Pollution Control Act of 1973 (15A NCAC 4);

(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.

History Note: Statutory Authority G.S. 130A-294; Eff. April 1, 1982

.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

(a) Construction plans shall be approved and followed.

(b) Specified monitoring and reporting requirements shall be met.

(2) Spreading and Compacting Requirements (a) Solid waste shall be restricted into the smallest area feasible.

(b) Solid waste shall be compacted as densely as practical into cells.

(3) Cover Requirements (a) Solid waste shall be covered after each day of operation, with a compacted layer of at least six inches of suitable cover or as specified by the Division.

(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.

(4) Erosion Control Requirements (a) Adequate erosion control measures shall be practiced to prevent silt from leaving the site.

(b) Adequate erosion control measures shall be practiced to prevent excessive on-site erosion.

(5) Drainage Control Requirements

(a) Surface water shall be diverted from the operational area.

(b) Surface water shall not be impounded over or in waste.

(6) Vegetation Requirements (a) Within six months after final termination of disposal operations at the site or a major part thereof or upon revocation of a permit, the area shall be stabilized with native grasses.

(b) Temporary seeding will be utilized as necessary to stabilize the site.

(7) Water Protection Requirements (a) The separation distance of four feet between waste and water table shall be maintained unless otherwise specified by the Division in the permit. (b) Solid waste shall not be disposed of in water. (c) Leachate shall be contained on site or properly treated prior to discharge. An NPDES permit may be required prior to the discharge of leachate to surface waters. (8) Access and Security Requirements (a) The site shall be adequately secured by means of gates, chains, berms, fences, and other security measures approved by the Division, to prevent unauthorized entry.

(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.

(d) Dust control measures shall be implemented where necessary.

(9) Sign Requirements (a) Signs providing information on dumping procedures, the hours during which the site is open for public use, the permit number and other pertinent information shall be posted at the site entrance.

(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.

(10) Safety Requirements (a) Open burning of solid waste is prohibited.

(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.

(11) Waste Acceptance and Disposal Requirements (a) A site shall only accept those solid wastes which it is permitted to receive. The landfill operator shall notify the Division within 24 hours of attempted disposal of any waste the landfill is not permitted to receive, including waste from outside the area the landfill is permitted to serve. (b) No hazardous or liquid waste shall be accepted or disposed of in a sanitary landfill. (c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other animal waste delivered to the disposal site shall be covered immediately.

(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.

(12) Miscellaneous Requirements (a) Effective vector control measures shall be applied to control flies, rodents, and other insects or vermin when necessary.

(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.

History Note: Statutory Authority G.S. 130A-294; Eff. April 1, 1982

.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.

(1) Site and operation plans of the proposed incinerator;

(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.

History Note: Statutory Authority G.S. 130A-294; Eff. April 1, 1982; Amended Eff. Feb.1, 1991

.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:

(1) All incinerators shall be designed and operated in a manner so as to prevent the creation of a nuisance or potential health hazard;

(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.

History Note: Statutory Authority G.S. 130A-294; Eff. April 1, 1982

.0510 CLOSURE CONDITIONS

(a) When the disposal site has been closed in accordance with Rule .0505 of this Subchapter, the operator shall:

(1) Notify the Division in writing in order that a site inspection may be made by the Division to determine compliance with closure procedures; and

(2) Provide test holes, as specified by the Division, to determine compliance for final cover.

(b) An inspection shall be made by a representative of the Division and a written statement will be supplied to the operator concerning the closure of the site.

(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 .0530 RESERVED FOR FUTURE CODIFICATION

.0531 PURPOSE, SCOPE, AND APPLICABILITY FOR CONSTRUCTION AND DEMOLITION LANDFILLS

(a) Purpose. The purpose of Rules .0531 through .0547 of this Section is to regulate the siting, design, construction, operation, closure and post-closure of all construction and demolition solid waste landfill (C&DLF) facilities and units.

(b) Scope. Rules .0531 through .0547 of this Section describe the performance standards, application requirements, and permitting procedures for all C&DLF facilities and units. Rules .0531 through .0547 of this Section are intended to:

(1) establish the State standards for C&DLF facilities and units to provide for effective disposal practices and protect the public health and environment; and (2) coordinate other State Rules applicable to landfills.

(c) Applicability. Owners and operators of C&DLF facilities and units must conform to the requirements of Rules .0531 through .0547 of this Section as follows:

(1) C&DLF units permitted to operate prior to January 1, 2007, and which do not receive solid waste after June 30, 2008, must comply with the Conditions of the Solid Waste Permit and Rule .0510 of this Section. (2) C&DLF units permitted to operate prior to January 1, 2007, and which continue to receive waste after June 30, 2008, must comply with Rule .0547 of this Section, at the time of closure of the unit(s). (3) C&DLF units permitted after December 31, 2006 must comply with the requirements of Rules .0531 through .0546 of this Section.

(d) Owners and operators of a C&DLF facility must comply with any other applicable Federal, State and Local laws, rules, regulations, or other requirements.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0532 DEFINITIONS FOR C&DLF FACILITIES

This Rule contains definitions for terms that appear throughout the Rules pertaining to Construction and Demolition Landfills, Rules .0531 through .0547 of this Section; additional definitions appear in the specific Rules to which they apply.

(1) "100-year flood" means a flood that has a one-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on average over a significantly long period.

(2) "Active life" means the period of operation beginning with the initial receipt of C&D solid waste and ending at completion of closure activities in accordance with Rule .0543 of this Section.

(3) "Active portion" means that part of a facility or unit(s) that has received or is receiving wastes and that has not been closed in accordance with Rule .0543 of this Section.

(4) "Aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding ground water.

(5) "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the C&DLF unit(s), because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.

(6) "Base liner system" means the liner system installed on the C&DLF unit's foundation to control the flow of leachate.

(7) "Cap system" means a liner system installed over the C&DLF unit(s) to minimize infiltration of precipitation and contain the wastes.

(8) "C&D solid waste" means solid waste generated solely from the construction, remodeling, repair, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may be generated by the on-going operations at buildings or structures.

(9) "Ground water" means water below the land surface in a zone of saturation.

(10) "Hazardous Waste" means a solid waste as defined in G.S.130A-290 (a)(8). "Hazardous Waste" does not include those solid wastes excluded from regulation pursuant to 40 CFR 261.4, incorporated by reference in 15A NCAC 13A .0106. "Hazardous Waste" does include hazardous waste generated by conditionally exempt small quantity generators as defined in 40 CFR 261.5, incorporated by reference in 15A NCAC 13A .0106.

(11) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

(12) "Karst terranes" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

(13) "Landfill facility" means all contiguous land and structures, waste management unit(s), other appurtenances, and improvements on the land within the legal description of the site included in or proposed for the Solid Waste Permit. Existing facilities are those facilities which were permitted by the Division prior to December 31, 2006. Facilities permitted on or after January 1, 2007 are new facilities.

(14) "Landfill unit" means a discrete area of land or an excavation that receives a particular type of waste such as C&D, industrial, or municipal solid waste, and is not a land application unit, surface impoundment, injection well, or waste pile, as defined under 40 CFR Part 257. Such a landfill unit may be publicly or privately owned, may be located at a MSWLF, an industrial landfill facility, or other waste management facility.

(15) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing C&DLF unit(s).

(16) "Liner system" means an engineered environmental control system which can incorporate filters, drainage layers, compacted soil liners, geomembrane liners, piping systems, and connected structures.

(17) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), S.W. 846.

(18) "Licensed Geologist" means an individual who is licensed to practice geology in accordance with G.S. 89E.

(19) "Open burning" means the combustion of any solid waste without:

(a) control of combustion air to maintain adequate temperature for efficient combustion; (b) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (c) control of the emission of the combustion products.

(20) "Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a C&DLF unit(s).

(21) "Professional Engineer" means an individual who is licensed to practice engineering in accordance with G.S. 89C.

(22) "Project engineer" means the official representative of the permittee who is licensed to practice engineering in the State of North Carolina, who is responsible for observing, documenting, and certifying that activities related to the quality assurance of the construction of the solid waste management unit conforms to the Division approved plan, the permit to construct and the rules specified in this Section. All certifications must bear the seal and signature of the professional engineer and the date of certification.

(23) "Registered Land Surveyor" means an individual who is licensed to practice surveying in accordance with G.S. 89C.

(24) "Run-off" means any rainwater that drains over land from any part of a facility or unit.

(25) "Run-on" means any rainwater that drains over land onto any part of a facility.

(26) "Structural components" means liners, leachate collection systems, final covers, run-on or run-off systems, and any other component used in the construction and operation of the C&DLF that is necessary for protection of human health and the environment.

(27) "Unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.

(28) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(29) "Washout" means the carrying away of solid waste by waters of the base flood.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0533 GENERAL APPLICATION REQUIREMENTS AND PROCESSING FOR C&DLF FACILITIES

(a) Applicability. Owners or operators of a proposed or existing C&DLF unit or facility shall submit an application document as detailed in Rule .0535 of this Section in accordance with the criteria and scheduling requirements set forth as follows:

(1) New facility. Owners or operators proposing to establish a C&DLF facility or unit in accordance with the following criteria shall submit a Site Study and subsequently an application for a permit to construct as set forth in Paragraph (a) of Rule .0535 of this Section. A new facility permit application is required when: (A) The owner or operator proposes to establish a new facility not previously permitted by the Division. (B) The owner or operator proposes to expand the landfill facility in order to expand the C&DLF unit(s) boundary approved in accordance with Subparagraph (a)(1) of Rule .0536 of this Section. (2) Amendment to the permit. For any subsequent phase of landfill development the owner or operator shall prepare an application to amend the permit to construct in accordance with Paragraph (b) of Rule .0535 of this Section and submit the application at the earlier of the following dates: (A) at least 180 days prior to the date scheduled for commencing construction; or (B) five years from the issuance date of the initial permit to operate or as specified in the effective permit. (3) Substantial amendment to the permit. A permit issued in accordance with Paragraph (c) of this Rule approves a facility plan for the life of the C&DLF facility and a set of plans for the initial phase of landfill development. The owner or operator shall prepare an application in accordance with Paragraph (c) of Rule .0535 of this Section and submit the application when there is: (A) a substantial change in accordance with N.C.G.S. 130A-294 (b1)(1); or (B) a proposed transfer of ownership of the C&DLF facility. (4) Modifications to the permit. An owner or operator proposing changes to the plans approved in the permit shall request prior approval from the Division in accordance with Paragraph (d) of Rule .0535 of this Section.

(b) Application format guidelines. All applications and plans required by Rules .0531 through .0547 of this Section shall be prepared in accordance with the following guidelines:

(1) The initial application shall: (A) contain a cover sheet stating the project title and location, the applicant's name and address, and the engineer's name, address, signature, date of signature and seal; and (B) contain a statement defining the purpose of the submittal signed and dated by the applicant. (2) The text of the application shall: (A) be submitted in a three ring binder; (B) contain a table of contents or index outlining the body of the application and the appendices; (C) be paginated consecutively; and (D) identify revised text by noting the date of revision on the page. (3) Drawings. The engineering drawings for all landfill facilities shall be submitted using the following format. (A) The sheet size with title blocks shall be at least 22 inches by 34 inches. (B) The cover sheet shall include the project title, applicant's name, sheet index, legend of symbols, and the engineer's name, address, signature, date of signature, and seal. (C) Where the requirements do not explicitly specify a minimum scale, maps and drawings shall be prepared at a scale that adequately illustrates the subject requirement(s). (4) Number of copies. An applicant shall submit a minimum of three copies of each original application document and any revisions to the Division. The Division shall request additional copies as necessary. The Division shall require submittal of relevant documents in electronic format.

(1) Purpose and Applicability. (A) Purpose. During the permitting process the Division shall provide for public review of and input to permit documents containing the applicable design and operating conditions. The Division shall provide for consideration of comments received and notification to the public of the permit design. (B) Applicability. Applications for a Permit to Construct for a new facility, for a substantial amendment to the permit for an existing facility, or for a modification to the permit involving corrective remedy selection required by Paragraphs (d) through (h) of Rule .0545 of this Section shall be subject to the requirements of Subparagraphs (c)(2) through (c)(9) of this Rule. Applications submitted in accordance with Subparagraphs (a)(2) and (a)(4) of this Rule are not subject to the requirements of this Paragraph. (2) Draft Permits. (A) Once an application is complete, the Division shall decide whether the permit should be issued or denied. (B) If the Division decides to deny the permit, the Division shall send a notice to deny to the applicant. Reasons for permit denial shall be in accordance with Rule .0203(e) of this Subchapter. (C) If the Division decides the permit should be issued, the Division shall prepare a draft permit. (D) A draft permit shall contain (either expressly or by reference) all applicable terms and conditions for the permit. (E) All draft permits shall be subject to the procedures of Subparagraphs (3) through (9) of this Paragraph, unless otherwise specified in those Subparagraphs. (3) Fact Sheet. (A) The Division shall prepare a fact sheet for every draft permit. (B) The fact sheet shall include a brief description of the type of facility or activity which is the subject of the draft permit. It shall also include a description of the area to be served and of the volume and characteristics of the waste stream, and a projection of the useful life of the landfill. The fact sheet shall contain a brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions and appropriate supporting references to the permit application. The fact sheet shall describe the procedures for reaching a decision on the draft permit. It shall include the beginning and ending dates of the comment period under Subparagraph (4) of this Paragraph, the address where comments will be received, the procedures for requesting a public hearing and any other procedures by which the public may participate in the decision. The fact sheet shall contain the name and telephone number of a person to contact for additional information. (C) The Division shall send this fact sheet to the applicant and make it available to the public for review or copying at the central office of the Division of Waste Management – Solid Waste Section. The Division shall post the fact sheet on the Division web site. (4) Public Notice of Permit Actions and Public Hearings. (A) The Division shall give public notice of each of the following: a draft permit has been prepared; a public hearing has been scheduled under Subparagraph (6) of this Paragraph; or a notice of intent to deny a permit has been prepared under Part (2)(B) of this Paragraph. (B) No public notice is required when a request for a permit modification is denied. (C) The Division shall give written notice of denial to the applicant. (D) Public notices may describe more than one permit or permit action. (E) Public notice of the preparation of a draft permit or a notice of intent to deny a permit shall allow at least 45 days for public comment. (F) The Division shall give public notice of a public hearing at least 15 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined. (G) Public notice of activities described in Part (A) of this Subparagraph shall be given by publication on the Division website, by publication in a daily or weekly local newspaper of general circulation, and by any other method deemed necessary or appropriate by the Division to give actual notice of the activities to persons potentially affected. (H) General Public Notices. All public notices issued under this Part shall at minimum contain the following: (1) name, address and phone number of the office processing the permit action for which notice is being given; (2) name and address of the owner and operator applying for the permit; (3) a brief description of the business conducted at the facility or activity described in the permit application including the size and location of the facility and type of waste accepted; (4) a brief description of the comment procedures required by Subparagraphs (5) and (6) of this Paragraph, including a statement of procedures to request a public hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the permit decision; (5) name, address, and telephone number of a Division staff from whom interested persons may obtain further information; (6) a description of the time frame and procedure for making an approval or disapproval decision of the application; and (7) any additional information considered necessary or proper as required by the Division. (I) Public Notices for Public Hearing. In addition to the general public notice described in Part (4)(A) of this Paragraph, the public notice of a public hearing shall contain the date, time, and place of the public hearing; a brief description of the nature and purpose of the public hearing, including the applicable rules and procedures; and a concise statement of the issues raised by the persons requesting the hearing. (5) Public Comments and Requests for Public Hearings. During the public comment period any interested person may submit written comments on the draft permit and may request a public hearing if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. The Division shall consider all comments in making a final permit decision. The Division shall respond to all comments as provided in Subparagraph (9) of this Paragraph. (6) Public Hearings. (A) The Division shall hold a public hearing on a draft permit(s) when a hearing is requested. The Division may also hold a public hearing at its discretion whenever such a hearing might clarify one or more issues involved in the permit decision. Public hearings held pursuant to this Rule shall be at a location convenient to the nearest population center to the subject facility. Public notice of the hearing shall be given as specified in Subparagraph (4) of this Paragraph. (B) Any person may submit oral or written statements and data concerning the draft permit. The public comment period under Subparagraph (4) of this Paragraph is extended to the close of any public hearing conducted under this Subparagraph. The hearing officer may also extend the public comment period by so stating at the hearing, when information is presented at the hearing which indicates the importance of extending the period to receive additional comments, to allow potential commentors to gather more information, to allow time for submission of written versions of oral comments made at the hearing, or to allow time for rebuttals of comments made during the hearing. (C) The Division shall make available to the public a recording or written transcript of the hearing for review or copying at the central office of the Division of Waste Management - Solid Waste Section. (7) Reopening of the Public Comment Period. (A) If any data, information, or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit action, the Division may prepare a new draft permit, appropriately modified, under Subparagraph (2) of this Paragraph; prepare a fact sheet or revised fact sheet under Subparagraph (3) of this Paragraph and reopen the comment period under Subparagraph (4) of this Paragraph; or reopen or extend the comment period under Subparagraph (4) of this Paragraph to give interested persons an opportunity to comment on the information or arguments submitted. (B) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under Subparagraph (4) of this Paragraph shall define the scope of the reopening. (C) Public notice of any of the actions of this Subparagraph shall be issued in accordance with Subparagraph (4) of this Paragraph. (8) Permit Decision. (A) After the close of the public comment period under Subparagraph (4) of this Paragraph on a draft permit or a notice of intent to deny a permit, the Division shall issue a permit decision. The Division shall notify the applicant and each person who has submitted a written request for notice of the permit decision. For the purposes of this Subparagraph, a permit decision means a decision to issue, deny or modify a permit. (B) A permit decision shall become effective upon the date of the service of notice of the decision unless a later date is specified in the decision. (9) Response to Comments. (A) At the time that a permit decision is issued under Subparagraph (8) of this Paragraph, the Division shall issue a written response to comments. This response shall specify which provisions, if any, of the draft permit have been changed in the permit decision, and the reasons for the change. The response shall also briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any public hearing. (B) The Division shall make the response to comments available to the public for review or copying at the central office of the Division of Waste Management – Solid Waste Section.

(d) Permit approval or denial. The Division shall review all permit applications in accordance with Rule .0203 of Section .0200 - PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0534 GENERAL REQUIREMENTS FOR C&DLF FACILITIES AND UNITS

(a) Applicability. Permits issued by the Division for C&DLF facilities and units shall be subject to the general requirements set forth in this Rule.

(b) Terms of the Permit. The Solid Waste Management Permit shall incorporate requirements necessary to comply with this Subchapter and the North Carolina Solid Waste Management Act including the provisions of this Paragraph.

(1) Division Approved Plan. Permits issued after December 31, 2006 must incorporate a Division approved plan. (A) The scope of the Division approved plan must include the information necessary to comply with the requirements set forth in Rule .0535 of this Section. (B) The Division approved plans must be subject to and may be limited by the conditions of the permit. (C) The Division approved plans for a new facility must be described in the permit and must include the Facility Plan, Rule .0537 of this Section, Engineering Plan, Rule .0539 of this Section, Construction Quality Assurance plan, Rule .0541 of this Section, Operation Plan, Rule .0542 of this Section, Closure and Post-Closure plan, Rule .0543 of this Section, and Monitoring Plans, Rule .0544 of this Section. (2) Permit provisions. All C&DLF facilities and units must conform to the specific conditions set forth in the permit and the following general provisions. (A) Duty to Comply. The permittee must comply with all conditions of the permit, unless otherwise authorized by the Division. Any permit noncompliance, except as otherwise authorized by the Division, constitutes a violation of the Act and is grounds for enforcement action or for permit revocation, modification or suspension. (B) Duty to Mitigate. In the event of noncompliance with the permit, the permittee must take all reasonable steps to minimize releases to the environment, and must carry out such measures as are reasonable to prevent adverse impacts on human health or the environment. (C) Duty to Provide Information. The permittee must furnish to the Division any relevant information that the Division may request to determine whether cause exists for modifying, revoking or suspending the permit, or to determine compliance with the permit. The permittee must also furnish to the Division, upon request, copies of records required to be kept under the conditions of the permit. (D) Recordation Procedures. The permittee must comply with the requirements of Rule .0204 of this Subchapter RECORDATION OF LAND DISPOSAL PERMITS in order for a new permit to be effective. (E) Need to Halt or Reduce Activity. It shall not be a defense for a permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. (F) Permit Actions. The permit may be modified, reissued, revoked, suspended or terminated in accordance with G.S. 130A-23. The filing of a request by the permittee for a permit modification, or a notification of planned changes or anticipated noncompliance, does not stay any existing permit condition. (G) Not Transferable. The permit is not transferable. (H) Construction. If construction is not commenced within 18 months from the issuance date of the permit to construct, or an amendment or substantial amendment to the permit, then the permit shall expire. The applicant may re-apply for the permit, which shall be subject to statutes and rules in effect on the date of the re-application. (I) Proper Operation and Maintenance. The permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. (J) Inspection and Entry. The permittee must allow the Division or an authorized representative to enter the permittee's premises where a regulated unit(s) or activity is located or conducted, or where records are kept under the conditions of the permit. The Division or its authorized representative shall have access in order to copy any records required to be kept under the conditions of the permit. The permittee must allow the Division or its authorized representative to inspect any facilities, equipment (including monitoring and control equipment), practices or operations regulated by the Division. For the purposes of assuring permit compliance or as otherwise authorized by the Act, the permittee must allow the Division or its authorized representative to sample or monitor, at any location under the operation or control of the permittee, the following: any materials, substances, parameters, soil, groundwater, surface water, gases or ambient air. The permittee must allow the Division or its authorized representative to take photographs for the purpose of documenting items of compliance or noncompliance at permitted facilities, or where appropriate to protect legitimate proprietary interests, require the permittee to take such photographs for the Division. (K) Waste Exclusions. Waste to be excluded from disposal in a C&DLF is listed in Rule .0542 of this Section. Permit conditions may include additional exclusions as they become necessary in order to protect the public health and the environment or to ensure proper landfill operation. (L) Additional Solid Waste Management Activities. Construction and operation of additional solid waste management activities at the landfill facility must not impede operation or monitoring of the C&DLF unit(s). Any proposed additional activities must be submitted to the Division for review, approval, and permitting, as applicable, before construction and operation.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0535 APPLICATION REQUIREMENTS FOR C&DLF FACILITIES

(a) Permit for a new facility. In accordance with Rule .0201 of this Section the permit for a new C&DLF facility shall have two parts:

(1) Permit to Construct. The owner and operator of a new facility must meet the requirements of Rule .0536 of this Section prior to submitting an application for a permit to construct. A complete application for a permit to construct must contain the following: (A) a facility plan that describes the comprehensive development of the C&DLF facility prepared in accordance with Rule .0537 of this Section; (B) an engineering plan for the initial phase of landfill development prepared in accordance with Rule .0539 of this Section; (C) a construction quality assurance plan prepared in accordance with Rule .0541 of this Section; (D) an operation plan prepared in accordance with Rule .0542 of this Section; (E) a closure and post-closure plan prepared in accordance with Rule .0543 of this Section; and (F) monitoring plans prepared in accordance with Paragraph (a) of Rule .0544 of this Section. (2) Permit to Operate. The owner and operator must meet the pre-operative requirements of the permit to construct in order to qualify the constructed C&DLF unit for a permit to operate. Construction documentation must be submitted in a timely and organized manner in order to facilitate the Division's review.

(b) Amendment to the permit. A complete application for an amendment to the permit must contain:

(1) an updated engineering plan prepared in accordance with Rule .0539 of this Section; (2) an updated construction quality assurance plan prepared in accordance with Rule .0541 of this Section; (3) an updated operation plan prepared in accordance with Rule .0542 of this Section; (4) an updated closure and post-closure plan prepared in accordance with Rule .0543 of this Section; and (5) an updated monitoring plan prepared in accordance with Rule .0544 of this Section.

(1) a facility plan that describes the comprehensive development of the C&DLF facility prepared in accordance with Rule .0537 of this Section; and (2) local government approval in accordance with Subparagraph (c)(11) of Rule .0536 of this Section.

(d) Modifications to the permit. The owner or operator may propose to modify plans that were prepared and approved in accordance with the requirements set forth in this Section. A complete application must identify the requirement(s) proposed for modification and provide sufficient information in order to demonstrate compliance with the applicable requirements of this Section.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0536 SITE STUDY FOR C&DLF FACILITIES

(a) Purpose. As required under Rule .0535 of this Section, the owner or operator must prepare a site study which meets the requirements of this Rule. The Division shall review the site study for a proposed new facility prior to consideration of an application for a permit to construct. Following review of the site study, the Division shall notify the applicant that either:

(1) the site is deemed suitable and the applicant is authorized to prepare an application for a permit to construct in accordance with Rule .0535 of this Section; or (2) the site is deemed unsuitable for establishing a C&DLF unit(s) and shall specify the reasons that would prevent the C&DLF unit(s) from being operated in accordance with G.S. 130A Article 9, or this Subchapter, and any applicable federal laws and regulations.

(b) Scope. The site is the land which is proposed for the landfill facility. The site study presents a characterization of the land, incorporating various investigations and requirements pertinent to suitability of a C&DLF facility. The scope of the site study includes criteria associated with the public health and welfare, and the environment. The economic feasibility of a proposed site is not within the scope of this study. The information in the site study must accurately represent site characteristics and must be prepared by qualified environmental professionals as set forth in Subparagraph (a)(3) of Rule .0202 of this Subchapter. New C&DLF unit(s) and lateral expansions must comply with the siting criteria set forth in Paragraph (c) of this Rule, Subparagraphs (4) through (10). In order to demonstrate compliance with specific criteria for each of the respective location restrictions, documentation or approval by agencies other than the Division of Waste Management, Solid Waste Section may be required. The scope of demonstrations including design and construction performance must be addressed in the site study.

(1) Characterization study. The site characterization study area includes the landfill facility and a 2000-foot perimeter measured from the proposed boundary of the landfill facility. The study must include an aerial photograph taken within one year of the original submittal date, a report, and a local map. The map and photograph must be at a scale of at least one inch equals 400 feet. The study must identify the following: (A) the entire property proposed for the disposal site and any on-site easements;
(B) existing land use and zoning;
(C) the location of residential structures and schools;
(D) the location of commercial and industrial buildings, and other potential sources of contamination;
(E) the location of potable wells and public water supplies;
(F) historic sites;
(G) state nature and historic preserves;
(H) the existing topography and features of the disposal site including: general surface water drainage patterns and watersheds, 100-year floodplains, perennial and intermittent streams, rivers, and lakes; and
(I) the classification of the surface water drainage from landfill site in accordance with 15A NCAC 02B .0300.
(2) Proposed Facility Plan. A conceptual plan for the development of the facility including drawings and a report must be prepared which includes the drawings and reports described in Subparagraphs (d)(1), (e)(1), (e)(2), and (e)(3) of Rule .0537 of this Section.

(3) Site Hydrogeologic Report. The study must be prepared in accordance with the requirements set forth in Paragraph (a) of Rule .0538 of this Section.

(4) Floodplain Location Restrictions; (A) C&DLF units or constructed embankments used to construct a C&DLF unit must not be located in a 100-year floodplain unless a variance for the facility has been issued in accordance with G.S. 143-215.54A.
(B) C&DLF units must not be located in floodplains unless the owners or operators demonstrate that the unit will not restrict the flow of the flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment.
(5) Wetlands Location Restriction. New C&DLF units and lateral expansions must not be located in wetlands, unless the owner or operator can make the following demonstrations to the Division: (A) Where applicable under Section 404 of the Clean Water Act or applicable State wetlands laws, the presumption that a practicable alternative to the proposed landfill facility is available which does not involve wetlands is clearly rebutted.
(B) The construction and operation of the C&DLF unit(s) will not cause or contribute to violations of any applicable State water quality standards and will not violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act.
(C) The construction and operation of the C&DLF unit(s) will not jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973. The construction and operation of the C&DLF unit(s) will not violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary.
(D) The construction and operation of the C&DLF unit(s) will not cause or contribute to significant degradation of wetlands.
(E) The owner or operator must demonstrate the integrity of the C&DLF unit(s) and its ability to protect ecological resources by addressing the following factors: (1) erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the C&DLF unit; (2) erosion, stability, and migration potential of dredged and fill materials used to support the C&DLF unit; the volume and chemical nature of the waste managed in the C&DLF unit; (3) impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste; (4) the potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and (5) any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected to the extent required under Section 404 of the Clean Water Act or applicable State wetlands laws.
(F) The owner or operator must demonstrate that steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by Part (c)(5)(A) – (D) of this Rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man‑made wetlands).
(G) The owner or operator must also demonstrate that sufficient information is available to make a reasonable determination with respect to each of the demonstrations required by this Rule.
(H) For purposes of this Rule, wetlands means those areas that are defined in 40 CFR 232.2(r).
(6) Unstable Area Location Restrictions. Owners and operators of new C&DLF unit(s) and lateral expansions proposed for location in an unstable area must demonstrate that engineering measures have been incorporated in the C&DLF unit's design to ensure that the integrity of any structural components of the C&DLF unit will not be disrupted. The owner and operator must consider the following factors, at a minimum, when determining whether an area is unstable: (A) On-site or local soil conditions that may result in significant differential settling;
(B) On-site or local geologic or geomorphologic features; and
(C) On-site or local human-made features or events (both surface and subsurface).
(7) Cultural Resources Location Restrictions. A new C&DLF unit or lateral expansion must not damage or destroy a property of archaeological or historical significance which has been listed or determined eligible for a listing in the National Register of Historic Places. To aid in making a determination as to whether the property is of archeological or historical significance, the State's Historic Preservation Office in the Department of Cultural Resources may request the owner and operator to perform a site-specific survey which must be included in the Site Study.

(8) State Nature and Historic Preserve Location Restrictions. A new C&DLF unit or lateral expansion must not have an adverse impact, considering the purposes for designation of the Preserve lands and the location, access, size and operation of the landfill, on any lands included in the State Nature and Historic Preserve.

(9) Water Supply Watersheds Location Restrictions; (A) A new C&DLF unit or lateral expansion must not be located in the critical area of a water supply watershed, or in the watershed for a stream segment classified as WS-I, or in watersheds of other water bodies which indicate that no new landfills are allowed in accordance with the rules codified at 15A NCAC 02B Section .0200 entitled "Classifications and Water Quality Standards Applicable To Surface Waters Of North Carolina."
(B) Any new C&DLF unit or lateral expansion, which proposes to discharge leachate to surface waters and must obtain a National Pollution Discharge Elimination System (NPDES) Permit from the Division of Environmental Management pursuant to Section 402 of the United States Clean Water Act, must not be located within watersheds classified as WS-II or WS-III, or in watersheds of other water bodies which indicate that no new discharging landfills are allowed, in accordance with the rules codified at 15A NCAC 02B Section .0200.
(10) Endangered and Threatened Species Location Restrictions. A new C&DLF unit or lateral expansion must not jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973.

(11) Local government approvals for C&DLFs. (A) If the permit applicant is a unit of local government in which jurisdiction the proposed C&DLF site is located, the approval of the governing board shall be required. Approval may be in the form of either a resolution or a vote on a motion. A copy of the resolution or the minutes of the meeting where the vote was taken must be submitted to the Division as part of the site study.
(B) A permit applicant other than the unit of local government with jurisdiction over the proposed landfill site must obtain a franchise in accordance with G.S 130A-294(b1)(3) from each unit of local government in whose jurisdiction the site is located. A copy of the franchise must be submitted to the Division as part of the site study.
(C) Prior to issuance of approval or a franchise, the jurisdictional local government(s) where the landfill is to be located shall hold at least one public meeting to inform the community of the proposed waste management activities as described in the proposed facility plan prepared in accordance with Subparagraph (2) of this Paragraph. The local government where the landfill is to be located shall provide a public notice of the meeting at least 30 days prior to the meeting. For purposes of this Part, public notice must include a legal advertisement placed in a newspaper or newspapers serving the county and provision of a news release to at least one newspaper serving the county. Public notice must include time, place, and purpose of the meetings required by this Part. The application for a franchise or other documentation as required by the appropriate local government(s), must be placed at a location that is accessible by the public. This location must be noted in the public notice. The permit applicant must notify the property owners of all property that shares a common border with the proposed facility by means of a U.S. Postal Service registered letter, return receipt requested. The notice must give the date, time and place of the public meeting, and must describe the facility plan for the landfill, including the areal location and final elevation of all waste disposal units, the type and amount of waste to be disposed at the landfill, any other waste management activities to be conducted at the facility, and the proposed location of the entrance to the facility. Mailings must be postmarked a minimum of 30 days prior to the public meeting which is being noticed. The applicant must provide documentation of the content and mailing of the notices in the site study.
(D) Public notice of the meeting must be documented in the site study. A tape recording or a written transcript of the meeting, all written material submitted representing community concerns, and all other relevant written material distributed or used at the meeting must be submitted as part of the site study.
(E) A letter from the unit of local government(s) having zoning jurisdiction over the site which states that the proposal meets all the requirements of the local zoning ordinance, or that the site is not zoned, must be submitted to the Division as part of the site study.

(d) Site suitability applications for a new C&DLF facility or unit submitted in accordance with Rule .0504(1) of this Section must be submitted to the Division prior to December 31, 2006.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0537 FACILITY PLAN FOR C&DLFs

(a) Purpose. As required under Rule .0535 of this Section, a permit applicant shall prepare a facility plan which meets the requirements of this Rule.

(b) Scope.

(1) The facility plan must define the comprehensive development of the property proposed for a permit or described in the permit of an existing facility. The plan must include a set of drawings and a report which present the long-term, general design concepts related to construction, operation, and closure of the C&DLF unit(s). The scope of the plan must span the active life of the unit(s). Additional solid waste management activities located at the C&DLF facility must be identified in the plan and must meet the requirements of this Subchapter. The facility plan must define the waste stream proposed for management at the C&DLF facility. If different types of landfill units or non-disposal activities are included in the facility design, the plan must describe general waste acceptance procedures.

(2) The areal limits of the C&DLF unit(s), total capacity of the C&DLF unit(s), and the proposed waste stream must be consistent with the Division's approval set forth in accordance with Rule .0536 (a)(1) of this Section for a new facility.

(c) Use of Terms. The terminology used in describing areas of the C&DLF unit(s) shall be defined as follows and must be used consistently throughout a permit application.

(1) A "phase" is an area constructed that provides no more than approximately five years of operating capacity.

(2) A "cell" is a subdivision of a phase, which describes modular or partial construction.

(3) A "subcell" is a subdivision of a cell, which describes leachate and stormwater management, if required, for active or inactive areas of the constructed C&DLF.

(d) Facility Drawings. The facility plan must include the following drawings:

(1) Site Development. The drawings which plot site development must be prepared on topographic maps representative of existing site conditions; the maps must locate or delineate the following: (A) Delineate the areal limits of all landfill units, and incorporate the buffer requirements set forth in Item (1) of Rule .0540 of this Section;
(B) Locate all solid waste management facilities and facility infrastructure, including landfill units;
(C) Delineate the areal limits of grading, including borrow and stockpile areas;
(D) Define phases of development, which do not exceed approximately five years of operating capacity;
(E) Delineate proposed final contours for the C&DLF unit(s) and facility features for closure; and
(F) Delineate physical features including floodplains, wetlands, unstable areas, and cultural resource areas as defined in Rule .0536 of this Section.
(2) Landfill Operation. The following information related to the long-term operation of the C&DLF unit must be included in facility drawings: (A) proposed transitional contours for each phase of development including operational grades for existing phase(s) and construction grading for the new phase; and
(B) stormwater segregation features and details for inactive landfill subcells, if included in the design or required.
(3) Survey. A survey locating all property boundaries for the proposed landfill facility certified by an individual licensed to practice land surveying in the State of North Carolina.

(e) Facility Report. The facility plan must include the following information:

(1) Waste stream. A discussion of the characteristics of the wastes received at the facility and facility specific management plans must incorporate: (A) the types of waste specified for disposal;
(B) average yearly disposal rates in tons and a representative daily rate that is consistent with the local government approval in accordance with Rule .0536 of this Section;
(C) the area served by the facility;
(D) procedures for segregated management at different on-site facilities; and
(E) equipment requirements for operation of the C&DLF unit(s).
(2) Landfill Capacity. An analysis of landfill capacity and soil resources must be performed. (A) The data and assumptions used in the analysis must be included with the facility drawings and disposal rates specified in the facility plan and representative of operational requirements and conditions.
(B) The conclusions must provide estimates of gross capacity of the C&DLF unit; gross capacity for each phase of development of the C&DLF unit; the estimated operating life of all C&DLF units in years; and required quantities of soil for landfill construction, operation, and closure; and available soil resources from on-site. Gross capacity is defined as the volume of the landfill calculated from the elevation of the initial waste placement through the top of the final cover, including any periodic cover.
(3) Special engineering features. (A) Leachate management systems, if proposed by the applicant. The performance of and design concepts for the leachate collection system within active areas of the C&DLF unit(s) and any storm water segregation included in the engineering design must be described. Normal operating conditions must be defined. A contingency plan must be prepared for storm surges or other considerations exceeding design parameters for the storage or treatment facilities.
(B) Containment and environmental control systems. A general description of the systems designed for proper landfill operation, system components, and corresponding functions must be provided.
(C) Base liner systems, if proposed by the applicant must be described.
(D) Other device, components, and structures, if proposed by the applicant, must be described.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0538 GEOLOGIC AND HYDROGEOLOGIC INVESTIGATIONS FOR C&DLF FACILITIES

(a) Site Hydrogeologic Report. A permit applicant must conduct a hydrogeologic investigation and prepare a report. An investigation is required to assess the geologic and hydrogeologic characteristics of the proposed site to determine the suitability of the site for solid waste management activities, which areas of the site are most suitable for C&DLF units, and the general ground-water flow paths and rates for the uppermost aquifer. The report must provide an understanding of the relationship of the site ground-water flow regime to local and regional hydrogeologic features with special emphasis on the relationship of C&DLF units to ground-water receptors (especially drinking water wells) and to ground-water discharge features. Additionally, the scope of the investigation must include the general geologic information necessary to address compliance with the pertinent location restrictions described in Rule .0536 of this Section. The Site Hydrogeologic Report must provide, at a minimum, the following information:

(1) A report on local and regional geology and hydrogeology based on research of available literature for the area. This information is to be used in planning the field investigation. For sites located in piedmont or mountain regions, this report must include an evaluation of structurally controlled features identified on a topographic map of the area.

(2) A report on field observations of the site that includes information on the following: (A) topographic setting, springs, streams, drainage features, existing or abandoned wells, rock outcrops, (including trends in strike and dip), and other features that may affect site suitability or the ability to effectively monitor the site; and
(B) ground-water discharge features. For a proposed site where the owner or operator does not control the property from any landfill unit boundary to the controlling, downgradient, ground-water discharge feature(s), additional borings, geophysics or other hydrogeological investigations may be required to characterize the nature and extent of groundwater flow; and
(C) the hydrogeological properties of the bedrock, if the uppermost ground-water flow is predominantly in the bedrock. Bedrock for the purpose of this rule is defined as material below auger refusal.
(3) Borings for which the numbers, locations, and depths are sufficient to provide an adequate understanding of the subsurface conditions and ground-water flow regime of the uppermost aquifer at the site. The number and depths of borings required will depend on the hydrogeologic characteristics of the site. At a minimum, there must be an average of one boring for each 10 acres of the proposed landfill facility unless otherwise authorized by the Division. All borings intersecting the water table must be converted to piezometers or monitoring wells in accordance with 15A NCAC 02C .0108.

(4) A testing program for the borings which describes the frequency, distribution, and type of samples taken and the methods of analysis (ASTM Standards or test methods approved by the Division) used to obtain, at a minimum, the following information: (A) standard penetration - resistance (ASTM D 1586);
(B) particle size analysis (ASTM D 422);
(C) soil classification: Unified Soil Classification System (USCS) (ASTM D 2487);
(D) formation descriptions; and
(E) saturated hydraulic conductivity, porosity, effective porosity, and dispersive characteristics for each lithologic unit of the uppermost aquifer including the vadose zone.
(5) In addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including but not limited to: geophysical well logs, surface geophysical surveys, and tracer studies.

(6) Stratigraphic cross-sections identifying hydrogeologic and lithologic units, and stabilized water table elevations.

(7) Water table information, including: (A) tabulations of water table elevations measured at the time of boring, 24 hours, and stabilized readings for all borings (measured within a period of time short enough to avoid temporal variations in ground-water flow which could preclude accurate determination of ground-water flow direction and rate);
(B) tabulations of stabilized water table elevations over time in order to develop an understanding of seasonal fluctuations in the water table;
(C) an estimation of the long-term seasonal high water table based on stabilized water table readings, hydrographs of wells in the area, precipitation and other meteorological data, and streamflow measurements from the site frequent enough to demonstrate infiltration and runoff characteristics, and any other information available; and
(D) a discussion of any natural or man-made activities that have the potential for causing water table fluctuations, including but not limited to, tidal variations, river stage changes, flood pool changes of reservoirs, high volume production wells, and injection wells.
(8) The horizontal and vertical dimensions of ground-water flow including flow directions, rates, and gradients.

(9) Ground-water contour map(s) to show the occurrence and direction of ground-water flow in the uppermost aquifer and any other aquifers identified in the hydrogeologic investigation. The ground-water contours must be superimposed on a topographic map. The location of all borings and rock cores and the water table elevations or potentiometric data at each location used to generate the ground-water contours must be shown on the ground-water contour map(s).

(10) A topographic map of the site locating soil borings with accurate horizontal and vertical control, which are tied to a permanent onsite benchmark.

(11) Information for wells and water intakes within the site characterization study area, in accordance with Rule .0536(c) of this Section including: (A) boring logs, construction records, field logs and notes, for all onsite borings, piezometers and wells;
(B) construction records, number and location served by wells, and production rates, for public water wells; and
(C) available information for all surface water intakes, including use and production rate.
(12) Identification of other geologic and hydrologic considerations including but not limited to: slopes, streams, springs, gullies, trenches, solution features, karst terranes, sinkholes, dikes, sills, faults, mines, ground-water discharge features, and ground-water recharge/discharge areas.

(13) A report summarizing the geological and hydrogeological evaluation of the site that includes the following: (A) a description of the relationship between the uppermost aquifer of the site to local and regional geologic and hydrogeologic features,
(B) a discussion of the ground-water flow regime of the site focusing on the relationship of C&DLF unit(s) to ground-water receptors and to ground-water discharge features,
(C) a discussion of the overall suitability of the proposed site for solid waste management activities and which areas of the site are most suitable for C&DLF units, and
(D) a discussion of the ground-water flow regime of the uppermost aquifer at the site and the ability to effectively monitor the C&DLF units in order to ensure early detection of any release of constituents to the uppermost aquifer.

(b) Design Hydrogeologic Report

(1) A geological and hydrogeological report must be submitted in the application for the Permit to Construct. This report must contain the information required by Subparagraph (2) of this Paragraph. The number and depths of borings required must be based on the geologic and hydrogeologic characteristics of the landfill facility. At a minimum, there must be an average of one boring for each acre of the investigative area. The area of investigation must, at a minimum, be the area within the unit footprint and unit compliance boundary, unless otherwise authorized by the Division. The scope and purpose of the investigation is as follows: (A) The investigation must provide adequate information to demonstrate compliance with the vertical separation and foundation standards set forth in Items (2) and (5) of Rule .0540 of this Section.
(B) The report must include an investigation of the hydrogeologic characteristics of the uppermost aquifer for the proposed phase of C&DLF development and any leachate management unit(s). The purpose of this investigation is to provide more detailed and localized data on the hydrogeologic regime for this area in order to design an effective water quality monitoring system.
(2) The Design Hydrogeologic Report must provide, at a minimum, the following information: (A) the information required in Subparagraphs (a)(4) through (a)(12) of this Rule;
(B) the technical information necessary to determine the design of the monitoring system as required by Paragraph (b) of Rule .0544 of this Section;
(C) the technical information necessary to determine the relevant point of compliance as required by Part (b)(1)(B) of Rule .0544 of this Section;
(D) rock cores (for sites located in the piedmont or mountain regions) for which the numbers, locations, and depths are adequate to provide an understanding of the fractured bedrock conditions and ground-water flow characteristics of at least the upper 10 feet of the bedrock. Testing for the corings must provide, at a minimum, rock types, recovery values, rock quality designation (RQD) values, saturated hydraulic conductivity and secondary porosity values, and rock descriptions, including fracturing and jointing patterns, etc.;
(E) a ground-water contour map based on the estimated long-term seasonal high water table that is superimposed on a topographic map and includes the location of all borings and rock cores and the water table elevations or potentiometric data at each location used to generate the ground-water contours;
(F) a bedrock contour map (for sites located in piedmont or mountain regions) illustrating the contours of the upper surface of the bedrock that is superimposed on a topographic map and includes the location of all borings and rock cores and the top of rock elevations used to generate the upper surface of bedrock contours;
(G) a three dimensional ground-water flow net or several hydrogeologic cross-sections that characterize the vertical ground-water flow regime for this area;
(H) a report on the ground-water flow regime for the area including ground-water flow paths for both horizontal and vertical components of ground-water flow, horizontal and vertical gradients, flow rates, ground-water recharge areas and discharge areas;
(I) a report on the soils in the four feet immediately underlying the waste with relationship to properties of the soil. Soil testing cited in Subparagraph (a)(4) of this Rule must be used as a basis for this discussion; and
(J) a certification by a Licensed Geologist that all borings which intersect the water table at the site have been constructed and maintained as permanent monitoring wells in accordance with 15A NCAC 02C .0108, or that the borings will be properly abandoned in accordance with the procedures for permanent abandonment of wells as delineated in 15A NCAC 02C .0113. All piezometers within the footprint area must be overdrilled to the full depth of the boring, prior to cement or bentonite grout placement, and the level of the grout within the boring must not exceed in height the elevation of the proposed basegrade.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0539 ENGINEERING PLAN FOR C&DLF FACILITIES

(a) Purpose. The engineering plan must incorporate the detailed plans and specifications relative to the design and performance of the C&DLF's containment and environmental control systems. This plan must set forth the design parameters and construction requirements for the components of the C&DLF's systems and must establish the responsibilities of the design engineer. The engineered components must be described in Rule .0540 of this Section. As required under Rule .0535 of this Section, the owner or operator must submit an engineering plan, which meets the requirements of this Rule.

(b) Responsibilities of the design engineer. The engineering plan must be prepared by a Professional Engineer licensed to practice engineering in accordance with G.S. 89C and must meet the requirements of this Rule. The design engineer must incorporate a statement certifying this fact and bearing his or her seal of registration.

(c) Scope. An engineering plan must be prepared for a phase of development not to exceed approximately five years of operating capacity consistent with the development phases and design criteria defined in the facility plan. The engineering plan shall contain a report and a set of drawings which consistently represent the engineering design.

(d) An engineering report must contain:

(1) A summary of the facility design that includes: (A) a discussion of the analytical methods used to evaluate the design,
(B) definition of the critical conditions evaluated and assumptions made,
(C) a list of technical references used in the evaluation, and
(D) completion of any applicable location restriction demonstrations in accordance with Rule .0536 of this Section.
(2) A description of the materials and construction practices that conforms to the requirements set forth in Rule .0540 of this Section.

(3) A copy of the Design Hydrogeologic Report prepared in accordance with Paragraph (b) of Rule .0538 of this Section.

(e) Engineering drawings must illustrate:

(1) existing conditions: site topography, features, existing disposal areas, roads, and buildings;

(2) grading plans: proposed limits of excavation, subgrade elevations, intermediate grading for partial construction;

(3) stormwater segregation system, if required: location and detail of features;

(4) cap system: base and top elevations, landfill gas devices, infiltration barrier, surface water removal, protective and vegetative cover, and details;

(5) temporary and permanent sedimentation and erosion control plans;

(6) vertical separation requirement estimates including: (A) Cross-sections, showing borings, which indicate existing ground surface elevations, base grades, seasonal high ground-water level, estimated long-term seasonal high ground-water level in accordance with Part (b)(2)(E) of Rule .0538 of this Section, and bedrock level in accordance with Part (b)(2)(F) of Rule .0538 of this Section; and
(B) A map showing the existing ground surface elevation and base grades. The map must include labeled boring locations which indicate seasonal high ground-water level, estimated long term high ground-water level in accordance with Part (b)(2)(E) of Rule .0538 of this Section, and bedrock level in accordance with Part (b)(2)(F) of Rule .0538 of this Section.

(f) The engineering plan must also describe and illustrate additional engineering features and details including, if proposed by the applicant, the cap system, leachate collection system and base liner system. Cap systems, leachate collection systems and base liner systems must be designed in accordance with NC Solid Waste Management Rules 15A NCAC 13B .1620 and .1621.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007

.0540 CONSTRUCTION REQUIREMENTS FOR C&DLF FACILITIES

This Rule establishes the performance standards and minimum criteria for designing and constructing a C&DLF unit. Additional standards for the cap system are described in Rule .0543 of this Section.

(1) Horizontal separation requirements. (a) Property line buffer. New C&DLF unit(s) at a new facility must establish a minimum 200-foot buffer between the C&DLF unit and all property lines for monitoring purposes. Existing operating units must at a minimum maintain existing upgradient buffers of 50 feet or more.
(b) Offsite residential structures and wells. All C&DLF units at a new facility must establish a minimum 500-foot buffer between the C&DLF unit and existing residential structures and wells.
(c) Surface waters. All C&DLF units at new facilities must establish a minimum 50-foot buffer between the C&DLF unit and any stream, river, lake, pond or other waters of the state as defined in G.S. 143-212.
(d) Existing landfill units. A monitoring zone must be established between a new C&DLF unit and any existing landfill units such as MSW, Industrial, C&DLF, or Land Clearing and Inert Debris (LCID), in order to establish a ground-water monitoring system as set forth in Rule .0544 of this Section.
(2) Vertical separation requirements. (a) C&DLF unit(s) must be constructed so that the post-settlement bottom elevation of waste is a minimum of four feet above the seasonal high ground-water table and the bedrock datum plane contours established in the Design Hydrogeological Report prepared in accordance with Paragraph (b) of Rule .0538 of this Section.
(b) In-situ or modified soils making up the upper two feet of separation as required by Sub-Item (a) of this Item, must consist of the following: SC, SM, ML, CL, MH, or CH soils per Unified Soil Classification System or as specified in the approved construction plan.
(3) Survey control. (a) One permanent benchmark of known elevation measured from a U.S. Geological Survey benchmark must be established and maintained for each 50 acres of developed landfill, or part thereof, at the landfill facility. This benchmark shall be the reference point for establishing vertical elevation control. Any survey performed pursuant to this Sub-Item must be performed by a Registered Land Surveyor.
(b) Latitude and Longitude, expressed in decimal degrees, must be indicated at the approximate center of the facility.
(4) Location coordinates. The North Carolina State Plane (NCSP) coordinates must be established and one of its points must be the benchmark of known NCSP coordinates.

(5) Landfill subgrade. The landfill subgrade is the in-situ or modified soil layer(s), constructed embankments, and select fill providing the foundation for construction of the unit. The landfill subgrade must be graded in accordance to the plans and specifications prepared in accordance to Rule .0539 of this Section, which are incorporated into the permit to construct in accordance with Paragraph (b) of Rule .0534 of this Section as follows: (a) The owner or operator of the C&DLF unit must have the subgrade inspected by a qualified geologist or engineer when excavation is completed.
(b) The owner or operator of the C&DLF unit must notify the Division's hydrogeologist at least 24 hours before subgrade inspection.
(c) Compliance with the requirements of Sub-Item (2)(b) of this Rule must be in accordance with Paragraph (b) of Rule .0538 of this Section or by placement of soil in accordance with this Sub-Item and verified in accordance with Rule .0541 of this Section.
(6) Special engineering structures. Engineering structures, including cap systems, incorporated in the design and necessary to comply with the requirements of this Section must be specified in the engineering plan. Material, construction, and certification requirements necessary to ensure that the structure is constructed in accordance with the design and acceptable engineering practices must be included in the plans prepared in accordance with Rule .0539 of this Section.

(7) Sedimentation and erosion control. Adequate structures and measures must be designed and maintained to manage the run-on and run-off generated by the 24-hour, 25-year storm event, and conform to the requirements of the Sedimentation Pollution Control Law (15A NCAC 04) and any required NPDES permits.

(8) Construction quality assurance (CQA) report. A CQA report must be submitted in accordance with Rule .0541 of this Section.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007

.0541 CONSTRUCTION QUALITY ASSURANCE FOR C&DLF FACILITIES

(a) Purpose of the construction quality control and quality assurance (CQA) plan. The CQA plan must describe the observations and tests that will be used before, during, and upon completion of construction to ensure that the construction and materials meet the design specifications and the construction and certification requirements set forth in Rule .0540 of this Section. The CQA plan must also describe the procedures to ensure that the integrity of the landfill systems will be maintained prior to waste placement.

(b) For construction of each cell, the CQA plan must include at a minimum:

(1) Responsibilities and authorities. The plan must establish responsibilities and authorities for the construction management organization. A pre-construction meeting must be conducted prior to beginning construction of the initial cell, or as required by the permit. The meeting must include a discussion of the construction management organization, respective duties during construction, and periodic reporting requirements for test results and construction activities;

(2) Inspection activities. A description of all field observations, tests and equipment that will be used to ensure that the construction meets or exceeds all design criteria established in accordance with Rules .0539, .0540 and Rule .0543 Paragraph (d) of this Section;

(3) Sampling strategies. A description of all sampling protocols, sample size and frequency of sampling must be presented in the CQA plan;

(4) Documentation. A description of reporting requirements for CQA activities; and

(5) Progress and troubleshooting meetings. A plan for holding daily and monthly troubleshooting meetings. The proceedings of the meetings must be documented.

(c) Purpose of the CQA report. The CQA report must contain the results of all the construction quality assurance and construction quality control testing including documentation of any failed test results, descriptions of procedures used to correct the improperly installed material, and results of all retesting performed. The CQA report must contain as-built drawings noting any deviation from the approved engineering plans and must also contain a comprehensive narrative including, but not limited to, daily reports from the project engineer, a series of color photographs of major project features, and documentation of proceedings of all progress and troubleshooting meetings.

(d) For construction of each cell, the CQA report must be submitted:

(1) after completion of landfill construction in order to qualify the constructed C&DLF unit for a permit to operate;

(2) after completion of construction of the cap system in accordance with the requirements of Rule .0543 of this Section; and

(3) in accordance with the reporting schedule developed in accordance with Paragraph (b) of this Rule.

(4) The CQA report must bear the seal of the project engineer and a certification that construction was completed in accordance with: (A) the CQA plan,
(B) the conditions of the permit to construct,
(C) the requirements of this Rule, and
(D) acceptable engineering practices.

(e) The Division must review the CQA report within 30 days of a complete submittal to ensure that the report meets the requirements of this Rule.

History Note: Authority G.S. 130A-294; Eff. January 1, 2007.

.0542 OPERATION PLAN AND REQUIREMENTS FOR C&DLF FACILITIES

(a) The owner or operator of a C&DLF unit must maintain and operate the facility in accordance with the operation plan prepared in accordance with this Rule. The operation plan must be submitted in accordance with Rule .0535 of this Section. Each phase of operation must be defined by an area which contains approximately five years of disposal capacity.

(b) Operation Plan. The owner or operator of a C&DLF unit must prepare an operation plan for each phase of landfill development. The plan must include drawings and a report defining the information as identified in this Rule.

(1) Operation drawings. Drawings must be prepared for each phase of landfill development. The drawings must be consistent with the engineering plan and prepared in a format which is useable for the landfill operator. The operation drawings must illustrate the following: (A) existing conditions including the known limits of existing disposal areas;
(B) progression of operation including initial waste placement, daily operations, yearly contour transitions, and final contours;
(C) stormwater controls for active and inactive subcells, if required;
(D) special waste handling areas, such as asbestos disposal area, within the C&DLF unit;
(E) buffer zones, noting restricted use;
(F) stockpile and borrow operations; and
(G) other solid waste activities, such as tire disposal or storage, yard waste storage, white goods storage, recycling pads, etc.
(2) Operation Plan Description. The owner and operator of any C&DLF unit must maintain and operate the unit in accordance with the operation plan as described in Paragraphs (c) through (l) of this Rule.

(1) A C&DLF must accept only those solid wastes it is permitted to receive. The landfill owner or operator must notify the Division within 24 hours of attempted disposal of any waste the C&DLF is not permitted to receive, including waste from outside the area the landfill is permitted to serve.

(2) Asbestos waste must be managed in accordance with 40 CFR 61, which is hereby incorporated by reference including any subsequent amendments and additions. Copies of 40 CFR 61 are available for inspection at the Department of Environment and Natural Resources, Division of Waste Management. The regulated asbestos waste must be covered immediately with soil in a manner that will not cause airborne conditions and must be disposed of separate and apart from other solid wastes, as shown on Operation drawings: (A) in a defined isolated area within the footprint of the landfill, or
(B) in an area not contiguous with other disposal areas. Separate areas must be designated so that asbestos is not exposed by future land-disturbing activities.

(d) Wastewater treatment sludge must not be accepted for disposal. Wastewater treatment sludge may be accepted, with the approval of the Division, for utilization as a soil conditioner and incorporated into or applied onto the vegetative growth layer. The wastewater treatment sludge must neither be applied at greater than agronomic rates nor to a depth greater than six inches.

(e) Waste Exclusions. The following wastes must not be disposed of in a C&DLF unit:

(1) Containers such as tubes, drums, barrels, tanks, cans, and bottles unless they are empty and perforated to ensure that no liquid, hazardous or municipal solid waste is contained therein,

(2) Garbage as defined in G.S. 130A-290(a)(7),

(3) Hazardous waste as defined in G.S. 130A-290(a)(8), to also include hazardous waste from conditionally exempt small quantity generators,

(4) Industrial solid waste unless a demonstration has been made and approved by the Division that the landfill meets the requirements of Rule .0503(2)(d)(ii)(A),

(5) Liquid wastes,

(6) Medical waste as defined in G.S. 130A-290(a)(18),

(7) Municipal solid waste as defined in G.S. 130A-290(a)(18a),

(8) Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR 761,

(9) Radioactive waste as defined in G.S. 104E-5(14),

(10) Septage as defined in G.S. 130A-290(a)(32),

(11) Sludge as defined in G.S. 130A-290(a)(34),

(12) Special wastes as defined in G.S. 130A-290(a)(40),

(13) White goods as defined in G.S. 130A-290(a)(44), and

(14) Yard trash as defined in G.S. 130A-290(a)(45),

(15) The following wastes cannot be received if separate from C&DLF waste: lamps or bulbs including but not limited to halogen, incandescent, neon or fluorescent; lighting ballast or fixtures; thermostats and light switches; batteries including but not limited to those from exit and emergency lights and smoke detectors; lead pipes; lead roof flashing; transformers; capacitors; and copper chrome arsenate (CCA) and creosote treated woods.

(16) Waste accepted for disposal in a C&DLF unit must be readily identifiable as C&D waste and must not have been shredded, pulverized, or processed to such an extent that the composition of the original waste cannot be readily ascertained except as specified in Subparagraph (17) of this Paragraph.

(17) C&D waste that has been shredded, pulverized or otherwise processed may be accepted for disposal from a facility that has received a permit from an authorized regulatory authority which specifies such activities are inspected by the authority, and whose primary purpose is recycling and reuse of the C&D material. A waste screening plan and waste acceptance plan must be made available to the Division upon request.

(18) The owner or operator of a C&DLF must not knowingly dispose any type or form of C&D waste that is generated within the boundaries of a unit of local government that by ordinance: (A) Prohibits generators or collectors of C&D waste from disposing that type or form of C&D waste.
(B) Requires generators or collectors of C&D waste to recycle that type or form of C&D waste.

(f) Cover material requirements.

(1) Except as provided in Subparagraph (3) of this Paragraph, the owners and operators of all C&DLF units must cover the solid waste with six inches of earthen material when the waste disposal area exceeds one-half acre and at least once weekly. Cover must be placed at more frequent intervals if necessary to control disease vectors, fires, odors, blowing litter, and scavenging. A notation of the date and time of the cover placement must be recorded in the operating record as specified in Paragraph (n) of this Rule.

(2) Except as provided in Subparagraph (3) of this Paragraph, areas which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material.

(3) Alternative materials or an alternative thickness of cover may be approved by the Division if the owner or operator demonstrates that the alternative material or thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. A C&DLF owner or operator may apply for approval of an alternative cover material. If approval is given by the Division, approval would extend to all C&DLF units at one specific facility.

(g) Spreading and Compacting requirements.

(1) C&DLF units must restrict solid waste into the smallest area feasible.

(2) Soli