.1601 PURPOSE, SCOPE, AND APPLICABILITY
(a) Purpose. The purpose of this Section is to regulate the siting, design, construction, operation, closure and post-closure of all municipal solid waste landfill facilities, MSWLFs.
(b) Scope. This Section describes the performance standards, application requirements, and permitting procedures for all municipal solid waste landfill facilities. The requirements of this Section are intended to:
(1) Establish the State standards for MSWLFs to provide for effective disposal practices and protect the public health and environment.
(2) Coordinate other State Rules applicable to landfills.
(3) Facilitate the transition for existing landfill facilities which continue to operate MSWLF units.
(c) Applicability. Owners and operators of new and existing landfill facilities including a MSWLF unit(s) shall conform to the requirements of this Section as follows:
(1) Municipal solid waste landfill units which did not receive solid waste after October 9, 1991 shall comply with the Solid Waste Permit, the Conditions of Permit, and Rule .0510.
(2) MSWLF units that received solid waste after October 9, 1991 but stopped receiving waste before October 9, 1993 shall comply with the Solid Waste Permit, the Conditions of Permit, and Rule .0510. The cap system shall be installed by October 9, 1994 and shall meet the criteria set forth in Subparagraph (c)(1) of Rule .1627 of this Section. Owners or operators of MSWLF units that fail to complete cover installation by this date will be subject to all of the requirements applicable to existing MSWLFs.
(3) Effective dates.

(A) All MSWLF units that receive waste on or after October 9, 1993, except those units that qualify for an exemption as specified in Part (c)(3)(B) of this Rule shall comply with the requirements of this Section.
(B) A MSWLF unit that meets the conditions in Subparts (i) through (vi) of this Subparagraph is exempt from the requirements of Section .1600 other than Rule .1627. This exemption shall not be effective unless the amendment to the federal rule 40 CFR Part 258.1 (e)(1) and (2) extending the effective dates is published in the Federal Register as a final rule.

(i) The MSWLF unit disposed of 100 tons per day or less of solid waste between October 9, 1991 and October 9, 1992.
(ii) The MSWLF unit does not dispose of more than an average of 100 TPD of solid waste each month between October 9, 1993 and April 9, 1994.
(iii) The MSWLF unit is not on the National Priorities List (NPL) as found in Appendix B to 40 CFR Part 300, which is hereby incorporated by reference including any subsequent amendments and editions. Copies of this material are available for inspection and may be obtained at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin Road, Raleigh, N.C. at no cost.
(iv)__ab The MSWLF unit owner and operator shall notify the Division by November 1, 1993, that they shall stop receiving waste at their MSWLF unit before April 9, 1994. Notification to the Division shall include a statement of compliance with all conditions specified in Part (c)(3)(B) of this Rule.

(I) If the MSWLF unit is owned or operated by a unit of local government, notification shall be in the form of a Resolution adopted by the Governing Board.
(II) If the MSWLF unit is privately owned or operated, the notification shall be executed by the owner and operator or in the case of a corporation, by a corporate officer with legal authority to bind the corporation. All signatures shall be properly attested and notarized.

(v) Waste received at the MSWLF unit shall cease prior to April 9, 1994.

History Note: Filed as a Temporary Amendment Eff. October 9, 1993, for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 130A-294;
Eff. October 9, 1993;
Amended Eff. April 1, 1994.

.1602 DEFINITIONS
This Rule contains definitions for terms that appear throughout this Section; additional definitions appear in the specific Rules to which they apply.
(1) "Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities in accordance with Rule .1627 of this Section.
(2) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with Rule .1627 of this Section.
(3) "Aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs.
(4) "Base liner system" means the liner system installed on the MSWLF unit's foundation to control the flow of leachate.
(5) "Cap system" means a liner system installed over the MSWLF unit to minimize infiltration of precipitation and contain the wastes.
(6) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
(7) "Existing MSWLF unit" means any municipal solid waste landfill unit that is receiving solid waste as of October 9, 1993 and is not a new MSWLF unit. Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management.
(8) "Ground water" means water below the land surface in a zone of saturation.
(9) "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 .0006. "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 .0006.
(10) "Household waste" means any solid waste derived from households including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.
(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) "Landfill facility" means all contiguous land and structures, 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 October 9, 1993. Facilities permitted on or after October 9, 1993 are new facilities.
(13) "Landfill unit" means a discrete area of land or an excavation that receives 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 may be publicly or privately owned.
(14) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSWLF unit.
(15) "Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.
(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) "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household 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 may be publicly or privately owned. A MSWLF unit may also be permitted to receive other types of non-hazardous solid waste. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
(18) "New MSWLF unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993.
(19) "Open burning" means the combustion of 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) "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 facility 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.
(21) "Run-off" means any rainwater that drains over land from any part of a facility.
(22) "Run-on" means any rainwater that drains over land onto any part of a facility.
(23) "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.
(24) "Waste management unit boundary" means a vertical surface located at the hydraulically downgradient limit of the unit. This vertical surface extends down into the uppermost aquifer.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1603 GENERAL APPLICATION REQUIREMENTS AND PROCESSING
(a) Applicability. An owner and operator of a proposed or existing facility shall submit an application document as detailed in Rule .1617 of this Section according to the criteria and scheduling requirements set forth in this Paragraph.
(1) New facility. An owner and operator proposing to establish a MSWLF facility according to 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 .1617.
(A) The owner and operator proposes to establish a new facility not previously permitted by the Division.
(B) The owner or operator proposes expanding the landfill facility in order to expand the MSWLF unit boundary approved in accordance with Subparagraph (a)(1) of Rule .1618.
(C) The owner or operator of an existing facility is scheduled to close an existing MSWLF unit not constructed with a base liner system and proposes to establish a new MSWLF unit.
(D) A transfer of facility ownership is proposed.
(E) A substantial change to the waste stream defined in the effective permit.
(2) Amendment to the permit. A permit to construct issued in accordance with Paragraph (c) of this Rule approves a facility plan for the life of the MSWLF facility and a set of plans for the initial phase of landfill development. The owner and operator shall prepare an application to amend the permit to construct for any subsequent phase of landfill development in accordance with Paragraph (b) of Rule .1617 and submit the application:
(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 construct or the most recent amendment, whichever occurs first.
(3) 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 (c) of Rule .1617.
(4) Transition for existing facilities.
(A) Existing MSWLF units. The owner and operator of an existing MSWLF unit shall submit an application for continuing operation and closing the MSWLF unit. The application shall be prepared in accordance with Paragraph (d) of Rule .1617 and shall be submitted on or before April 9, 1994. The operation plan required in the transition application shall be prepared and submitted according to Rule .1625 of this Section.
(B) Lateral expansion and new MSWLF units. Construction of a lateral expansion of an existing MSWLF unit or a new MSWLF unit is subject to the application requirements for permit renewal set forth in Subparagraph (5) of this Paragraph, unless the criteria set forth in Part (1)(C) of this Paragraph is applicable.
(5) Permit renewal. The owner and operator shall prepare and submit an application for permit renewal in accordance with Paragraph (e) of Rule .1617 and the following:
(A) The following criteria is established for the scheduling permit renewal:
(i) Location of the MSWLF unit conforms to the requirements set forth in Items (1), (2), (3), (4), (5), and (6) of Rule .1622;
(ii) Construction of the MSWLF unit is approved by the effective permit and conforms to the requirements of Subparagraph (b)(1) of Rule .1624; and
(iii) Updated operation, closure and post-closure, and monitoring plans meet the requirements set forth in this Section.
(B) An owner or operator that demonstrates compliance with the criteria set forth in Part (A) of this Subparagraph shall submit an application five years from the issuance date of the original permit to construct or at least 180 days prior to the date scheduled for constructing a phase of landfill development not approved in the effective permit to construct, whichever occurs first.
(C) An owner or operator that cannot demonstrate compliance with the criteria set forth in Part (A) of this Subparagraph shall submit an application at least 180 days prior to the date scheduled for commencing construction of the base liner system.
(b) Application format guidelines. All applications and plans required by 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 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 which adequately illustrates the subject requirement(s).
(4) Number of copies. An applicant shall submit a minimum of five copies of each original application document and any revisions to the Division. The Division may request additional copies as necessary.
(c) Permitting and public information procedures.
(1) Purpose, Scope and Applicability.
(A) Purpose. The permitting process shall provide for public review of and input to permit documents containing the applicable design and operating conditions and shall provide for consideration of comments received and notification to the public of the final permit design.
(B) Scope. Public participation in the permitting process shall ensure that the public is informed regarding decisions affecting the management of MSWLFs located in their community. Public comment regarding permit renewals for existing facilities shall be limited to new information pertinent to the permit to construct a lateral expansion or a new MSWLF unit.
(C) Applicability. Applications for Permit to Construct a new facility or permit renewals for an existing facility or a modification to the permit involving corrective remedy selection required by Rule .1636 of this Section shall be subject to the requirements of this Paragraph. Applications submitted in accordance with Subparagraphs (a)(2), (a)(3), and (a)(4)(A) of this Rule are not subject to the requirements of this Paragraph.
(2) Draft Permits.
(A) Once an application is complete, the Division shall tentatively decide whether the permit should be issued or denied.
(B) If the Division decides the permit should be denied, a notice to deny shall be sent to the applicant. Reasons for permit denial shall be in accordance with Rule .0203(e) of this Subchapter.
(C) If the Division tentatively decides the permit should be issued, a draft permit shall be prepared.
(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), (4), (5), (6), (7) and (8) of this Paragraph, unless otherwise specified in those Subparagraphs.
(3) Fact Sheets.
(A) A fact sheet shall be prepared for every draft permit or notice to deny the permit.
(B) The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit to include, when applicable:
(i) A brief description of the type of facility or activity which is the subject of the draft permit;
(ii) The type and quantity of wastes which are proposed to be or are being disposed of;
(iii) 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;
(iv) A description of the procedures for reaching a final decision on the draft permit, including:
(I) The beginning and ending dates of the comment period under Subparagraph (4) of this Paragraph and the address where comments will be received;
(II) Procedures for requesting a public hearing; and
(III) Any other procedures by which the public may participate in the final decision; and
(v) Name and telephone number of a person to contact for additional information.
(C) The Division shall send this fact sheet to the applicant and, upon request to any other person.
(4) Public Notice of Permit Actions and Public Comment Period.
(A) Scope.
(i) The Division shall give public notice that the following actions have occurred:
(I) A draft permit has been prepared; or
(II) A public hearing has been scheduled under Subparagraph (6) of this Paragraph; or
(III) A notice of intent to deny a permit has been prepared under Part (2)(B) of this Paragraph.
(ii) No public notice is required when a request for a permit modification is denied.
(iii) Written notice of denial shall be given to the permittee.
(iv) Public notices may describe more than one permit or permit action.
(B) Timing.
(i) 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.
(ii) Public notice of a public hearing shall be given 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.)
(C) Methods. Public notice of activities described in Subpart (A)(i) of this Subparagraph shall be given by the following:
(i) By posting in the post office and public places of the municipalities nearest the site under consideration; or
(ii) By publication of a notice in a daily or weekly local newspaper of general circulation; and
(iii) By any other method deemed necessary or appropriate by the Division to give actual notice of the activities to persons potentially affected.
(D) Contents.
(i) General Public Notices. All public notices issued under this Part shall contain the following minimum information:
(I) Name, address and phone number of the office processing the permit action for which notice is being given;
(II) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(III) 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;
(IV) 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 final permit decision;
(V) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of draft permits and fact sheets;
(VI) A description of the time frame and procedure for making a final determination on this facility application approval or disapproval;
(VII) Any additional information considered necessary or proper as required by the Division.
(ii) Public Notices for Public Hearing. In addition to the general public notice described in Subpart (i) of this Part, the public notice of a public hearing shall contain the following information:
(I) Reference to the dates of previous public notices relating to the permit action;
(II) Date, time, and place of the public hearing; and
(III) A brief description of the nature and purpose of the public hearing, including the applicable rules and procedures; and
(IV) 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 provided, 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. All comments shall be considered in making the final decision and shall be answered as provided in Subparagraph (9) of this Paragraph.
(6) Public Hearings.
(A) Public Hearing Criteria.
(i) The Division shall hold a public hearing whenever on the basis of requests, a significant degree of public interest in a draft permit(s) is determined.
(ii) 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.
(iii) Public hearings held pursuant to this Rule shall be at a location convenient to the nearest population center to the subject facility.
(iv) 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. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under Subparagraph (4) of this Paragraph shall automatically be extended to the close of any public hearing under this Subparagraph. The hearing officer may also extend the comment period by so stating at the hearing.
(C) A tape recording or written transcript of the hearing shall be made available to the public.
(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 take one or more of the following actions:
(i) Prepare a new draft permit, appropriately modified, under Subparagraph (2) of this Paragraph;
(ii) 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
(iii) 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 under Subparagraph (4) of this Paragraph.
(8) Final 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 final permit decision. The Division shall notify the applicant and each person who has submitted a written request for notice of the final permit decision. For the purposes of this Subparagraph, a final permit decision means a final decision to issue, deny or modify a permit.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1604 GENERAL REQUIREMENTS FOR MSWLF FACILITIES
(a) Applicability. Permits issued by the Division for new and existing MSWLF facilities 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, but not limited to, the provisions of this Paragraph.
(1) Division Approved Plan. Permits issued subsequent to the effective date of this Rule shall incorporate a Division approved plan.
(A) The scope of the Division approved plan shall be limited to the information necessary to comply with the requirements set forth in Rule .1617 of this Section.
(B) The Division approved plans shall be subject to and may be limited by the conditions of the permit.
(C) The Division approved plans for a new facility or permit renewal of an existing facility shall be described in the permit and shall include, but not be limited to, the following:
(i) Facility plan;
(ii) Engineering plan and Construction Quality Assurance Plan;
(iii) Operation plan;
(iv) Monitoring plan; and
(v) Closure and post-closure plan.
(D) The Division shall define the content of the Division approved plans for amendments or modifications to the permit, and for the transition plan of an existing MSWLF unit.
(2) Permit provisions. All disposal facilities shall conform to the specific conditions set forth in the permit and the following general provisions. Nothing in this Subparagraph shall be construed to limit the conditions the Division may impose on a permit.
(A) Duty to Comply. The permittee shall comply with all conditions of this 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 or modification.
(B) Duty to Mitigate. In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent adverse impacts on human health or the environment.
(C) Duty to Provide Information. The permittee shall furnish to the Division, any relevant information which the Division may request to determine whether cause exists for modifying or revoking this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit.
(D) Recordation Procedures. The permittee shall comply with the requirements of Rule .0204 in order for a new permit to be effective.
(E) Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
(F) Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause in accordance with G.S. 130A-23. The filing of a request by the permittee for a permit modification or termination, or a notification of planned changes or anticipated noncompliance, does not stay any existing permit condition.
(G) No Property Rights. This permit does not convey any property rights of any sort, or any exclusive privilege. This permit is not transferable.
(H) Construction. If construction does not commence within 18 months from the issuance date of the permit to construct, or an amendment to the permit, then the permittee shall obtain written approval from the Division prior to construction and comply with any conditions of said approval.
(I) Proper Operation and Maintenance. The permittee shall 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 this 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 shall allow the Division, or an authorized representative, to:
(i) Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this permit;
(ii) Have access to a copy of any records required to be kept under the conditions of this permit;
(iii) Inspect any facilities, equipment (including monitoring and control equipment), practices or operations regulated by the Division;
(iv) Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location; and
(v) Make photographs for the purpose of documenting items of compliance or noncompliance at waste management units, or where appropriate to protect legitimate proprietary interests, require the permittee to make such photos for the Division.
(K) Monitoring and Records.
(i) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall split any required samples with the Division upon request.
(ii) The permittee shall retain records of all monitoring information required by the permit for the active life of the facility and for the post-closure care period. This period may be extended by the Division at any time.
(iii) Records of monitoring information shall include:
(I) The date, exact place, and time of sampling or measurements;
(II) The individual(s) who performed the sampling or measurements;
(III) The date(s) analyses were performed;
(IV) The individual(s) who performed the analyses;
(V) The analytical techniques or methods used (including equipment used); and
(VI) The results of such analyses.
(L) Reporting Requirements.
(i) The permittee shall give notice to the Division as soon as possible of any planned physical alterations or additions to the permitted facility.
(ii) Monitoring results shall be reported at the intervals specified in the permit.
(iii) The permittee shall report orally within 24 hours from the time the permittee becomes aware of the circumstances of any release, discharge, fire, or explosion from the permitted landfill facility. Such reports shall be made to the Division representative at the appropriate regional office of the Department of Environment, Health, and Natural Resources.
(iv) Where the permittee becomes aware that it failed to submit all relevant facts and corrected information in a permit application, or submitted incorrect information in a permit application or in any report to the Division, it shall promptly submit such facts or information.
(M) Survey for Compliance.
(i) Within 60 days of the permittee's receipt of the Division's written request, the permittee shall cause to be conducted a survey of active or closed portions of their facility in order to determine if operations (e.g., cut and fill boundaries, grades) are being conducted in accordance with the approved design and operational plans. The permittee shall report the results of such survey to the Division within 90 days of receipt of the Division's request.
(ii) A survey may be requested by the Division:
(I) If there is reason to believe that operations are being conducted in a manner that significantly deviates from the Division approved plans; or
(II) As a periodic verification (but no more than annual) that operations are being conducted in accordance with the approved plans.
(iii) Any survey performed pursuant to this Part shall be performed by a registered land surveyor duly authorized under North Carolina law to conduct such activities.
(N) Waste Exclusions. The following wastes shall not be disposed of in a MSWLF unit:
(i) White goods;
(ii) Used oil, lead-acid batteries, whole tires; and
(iii) Yard trash.
(O) Additional Solid Waste Management Facilities. Construction and operation of additional solid waste management facilities at the landfill facility shall not impede operation of the MSWLF unit and shall be approved by the Division.
(P) Existing Facilities. Permits issued by the Division prior to October 9, 1993 for the construction of a lateral expansion or a new MSWLF unit are subject to the requirements for permit renewal set forth in Subparagraph (a)(5) of Rule .1603.
(i) The owner or operator shall establish a schedule for permit renewal that demonstrates compliance with Rule .1603 of this Section.
(ii) The owner or operator shall place the demonstration in the operating record and submit a copy to the Division for approval.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.
 

.1605 RESERVED FOR FUTURE CODIFICATION

.1606 RESERVED FOR FUTURE CODIFICATION

.1607 RESERVED FOR FUTURE CODIFICATION

.1608 RESERVED FOR FUTURE CODIFICATION

.1609 RESERVED FOR FUTURE CODIFICATION

.1610 RESERVED FOR FUTURE CODIFICATION

.1611 RESERVED FOR FUTURE CODIFICATION

.1612 RESERVED FOR FUTURE CODIFICATION

.1613 RESERVED FOR FUTURE CODIFICATION

.1614 RESERVED FOR FUTURE CODIFICATION

.1615 RESERVED FOR FUTURE CODIFICATION

.1616 RESERVED FOR FUTURE CODIFICATION

.1617 APPLICATION REQUIREMENTS FOR MSWLF FACILITIES
(a) Permit for a new facility. The owner and operator of a new facility shall meet the requirements of Rule .1618 of this Section prior to submitting an application for a permit to construct.
(1) Permit to Construct. A complete application for a permit to construct shall meet the General Site Conditions and Design Requirements set forth by the Division and shall contain the following:
(A) A facility plan that describes comprehensive development of the MSWLF facility prepared in accordance with Rule .1619 of this Section;
(B) An engineering plan that is prepared for the initial phase of landfill development prepared in accordance with Rule .1620 of this Section;
(C) A construction quality assurance plan prepared in accordance with Rule .1621 of this Section;
(D) An operation plan prepared in accordance with Rule .1625 of this Section;
(E) A closure and post-closure plan prepared in accordance with Rule .1629 of this Section; and
(F) A water quality monitoring plan prepared as set forth in Paragraph (b) of Rule .1623.
(2) Permit to Operate. The owner or operator shall meet the pre-operative requirements of the permit to construct in order to qualify the constructed MSWLF unit for a permit to operate. Construction documentation shall 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 shall contain:
(1) An updated engineering plan prepared in accordance with Rule .1620 of this Section;
(2) An updated construction quality assurance plan prepared in accordance with Rule .1621 of this Section;
(3) An updated operation plan prepared in accordance with Rule .1625 of this Section;
(4) An updated closure and post-closure plan prepared in accordance with Rule .1629 of this Section; and
(5) A updated water quality monitoring plan prepared as set forth in Paragraph (b) of Rule .1623.
(c) Modifications to the permit. The owner or operator may propose to modify plans prepared and approved in accordance with the requirements set forth in this Section. A complete application shall identify the requirement(s) proposed for modification and provide complete information in order to demonstrate compliance with the applicable requirements of this Section.
(d) Transition plan for existing MSWLF units. Owners or operators of existing MSWLF units shall submit a transition plan on or before April 9, 1994 that contains:
(1) An operation plan prepared in accordance with Rule .1625 of this Section;
(2) A closure and post-closure plan prepared in accordance with Rule .1629 of this Section;
(3) A water quality monitoring plan prepared as set forth in Subparagraph (b)(3) of Rule .1623; and
(4) A report that defines the owner's or operator's plans for continued operation of the existing facility or a new facility for a minimum five year period and incorporates:
(A) A closure date for the existing MSWLF unit; and
(B) A schedule for submitting the required permit applications for a new facility, permit renewal or planned use of any MSWLF facility which meets the requirements of Subparagraph (b)(1) of Rule .1624.
(e) Permit renewal. A complete application for a permit to construct a lateral expansion or a new MSWLF unit shall contain the following:
(1) A facility plan that describes comprehensive development of the MSWLF facility prepared in accordance with Rule .1619 of this Section;
(2) An engineering plan that is prepared for the initial phase of landfill development prepared in accordance with Rule .1620 of this Section;
(3) A construction quality assurance plan prepared in accordance with Rule .1621 of this Section;
(4) An operation plan prepared in accordance with Rule .1625 of this Section;
(5) A closure and post-closure plan prepared in accordance with Rule .1629 of this Section; and
(6) A water quality monitoring plan prepared as set forth in Paragraph (b) of Rule .1623.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1618 SITE STUDY FOR MSWLF FACILITIES
(a) Purpose. As required under Rule .1617 of this Section, the owner and operator shall 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 suitable and the applicant is authorized to prepare an application for a permit to construct in accordance with Rule .1617 and the General Site Conditions and Design Requirements prescribed by the Division; or
(2) The site is deemed unsuitable for establishing a MSWLF unit and shall specify the reasons which would prevent the MSWLF facility from being operated in accordance with G.S. 130A, Article 9, this Subchapter, and the Federal Act.
(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 MSWLF 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 and instead, should be evaluated by the owner or operator prior to submitting a permit application to the Division. The information in the site study shall accurately represent site characteristics and must be prepared by qualified environmental professionals. A qualified environmental professional is a person who has received a baccalaureate or post-graduate degree from a university and has sufficient training and experience in or related to the field of study requiring investigation that enables that person to make sound professional judgements.
(c) The site study prepared for a MSWLF facility shall include the information required by this Paragraph unless as noted in Paragraphs (d) and (e) of this Rule.
(1) Regional characterization study. The regional study area includes the landfill facility and a two mile perimeter measured from the proposed boundary of the landfill facility. The study shall include a report and a regional map identifying the following:
(A) General topography and features as illustrated on the most recent U.S.G.S. Topographic map, 7.5 Minute Series, horizontal scale of at least one inch equals 2000 feet;
(B) Proposed landfill facility location;
(C) Public water supply wells, surface water intakes, and service areas;
(D) Residential subdivisions;
(E) Waste transportation routes; and
(F) Public use airports and runways.
(2) Local characterization study. The local study area includes the landfill facility and a 2000 foot perimeter measured from the proposed boundary of the landfill facility. The study shall include an aerial photograph taken within one year of the original submittal date, a report, and a local map. The map and photograph shall 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 private residences and schools;
(D) The location of commercial and industrial buildings, and other potential sources of contamination;
(E) The location of potable wells and available documentation regarding well completion and production rate;
(F) Historic sites; and
(G) 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.
(3) Site Hydrogeologic Report. The study shall be prepared in accordance with the requirements set forth in Rule .1623 (a) of this Section.
(4) Location Restrictions. A report shall be prepared demonstrating compliance with the criteria in Rule .1622; the report shall incorporate the proposed facility plan and if applicable, discuss planned compliance with design and construction standards referenced in Rule .1622 (2)(a), (3)(a)(iii), (4)(a), (5)(a), and (6)(a) of this Section.
(5) Local government approvals for municipal solid waste landfills.
(A) If the proposed municipal solid waste landfill site is located within an incorporated city or town, or within the extraterritorial 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 having authority in the county 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 submitted to the Division as part of the site study.
(i) Prior to approval, the jurisdictional local government 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 (6) of this Paragraph.
(ii) For purposes of this Subpart, public notice shall include: a legal advertisement placed in a newspaper or newspapers serving the county; and provision of a news release to at least one newspaper, one radio station, and one TV station serving the county. Public notice shall include time, place, and purpose of the meetings required by this Subpart.
(iii) 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. Public notice shall 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 shall be submitted as part of the site study.
(iv) The complete permit application, written transcripts of all public meetings and any additional material submitted or used at the meetings, and any additions or corrections to the applications, including any responses to notices of deficiencies shall be submitted to the closest local library in the county of the proposed site, with the request that the information be made available to the public until the permit decision is concluded.
(B) A letter from the unit of local government 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 shall be submitted to the Division as part of the site study.
(C) A letter from the unit of local government responsible for the implementation of a comprehensive solid waste management plan approved by the Division [in accordance with G.S. 130A-309.04(e)] setting forth a determination that the operation of the proposed municipal solid waste landfill is consistent with the approved solid waste management plan shall be submitted with the site study.
(6) Proposed Facility Plan. A conceptual plan for the development of the facility including drawings and a report must be prepared which incorporates the summary findings of the geologic and hydrogeologic report as set forth in Subparagraph (a)(13) of Rule .1623 and includes the drawings and reports described in Rule .1619 (d)(1), (d)(2), (e)(1), (e)(2), (e)(3), and (e)(5).
(d) An existing facility proposed for designation as a new facility is exempt from the requirements of Subparagraph (c)(5) of this Rule if the site study meets the following criteria:
(1) The facility boundary delineated in accordance with Subparagraph (c)(6) of this Rule is the same boundary described in the current permit; and
(2) The areal limits of the proposed MSWLF unit(s) is within the approved disposal area approved by the current permit.
(e) New facility applications in transition. Site plan applications for a new facility submitted in accordance with Rule .0504 (1) of this Section after January 15, 1992 and prior to April 9, 1993 and approved by the Division consistent with Subparagraph (a)(1) of this Rule are not subject to the requirements of this Rule.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1619 FACILITY PLAN
(a) Purpose. As required under Rule .1617 of this Section, a permit applicant shall prepare a facility plan which meets the requirements of this Rule.
(b) Scope.
(1) The facility plan defines comprehensive development of the property proposed for permit or described in the permit of an existing facility. The plan includes a set of drawings and a report which present the long-term, general design concepts related to construction, operation, and closure of the MSWLF unit(s), including leachate management. The scope of the plan spans the active life of the MSWLF unit(s). Additional solid waste management facilities located at the MSWLF facility shall be identified in the plan and shall meet the requirements of this Subchapter. The facility plan defines the waste stream proposed for management at the MSWLF facility. If different types of landfill units or non-disposal facilities are included in the facility design, the plan must describe general waste acceptance procedures.
(2) The areal limits of the MSWLF unit(s), total capacity of the MSWLF unit(s), and the proposed waste stream shall be consistent with the Division's approval set forth:
(A) In accordance with Rule .1618 (a)(1) of this Section for a new facility; or
(B) In accordance with the current permit for an existing facility applying for permit renewal.
(c) Use of Terms. The terminology used in describing areas of the landfill unit shall be defined in the facility plan and shall be used consistently throughout a permit application. The Division recommends the use of the following terms:
(1) A "phase" is an area constructed with a base liner system 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 for active or inactive areas of the constructed MSWLF.
(d) Facility Drawings. The facility plan shall include the following drawings:
(1) Site Development. The two drawings which plot site development shall be prepared on a topographic map representative of existing site conditions; the map shall locate the physical features referenced in Rule .1622 of this Section and shall incorporate 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.
(A) Landfill units and leachate facilities. This drawing shall delineate the areal limits of all landfill units and leachate facilities and incorporate the buffer requirements set forth in Subparagraph (b)(3) of Rule .1624.
(B) All facilities. This drawing shall locate all solid waste management facilities and facility infrastructure, including landfill units and leachate facilities.
(2) Landfill Construction. All on-site grading activities related to the construction and operation of the MSWLF unit(s) shall be illustrated in facility drawings which:
(A) Delineate the limits of grading, including borrow and stockpile areas;
(B) Define phases of development which do not exceed approximately five years of operating capacity;
(C) Propose base grades for the MSWLF unit(s);
(D) Delineate the location of access roads, sedimentation basins, leachate pipeline and storage or treatment facilities and other structures related to the operation of the MSWLF unit; and
(E) Propose final contours for the MSWLF unit(s) and facility features for closure.
(3) Landfill Operation. The following information related to the long-term operation of the MSWLF units shall be included in facility drawings:
(A) General grade and flow direction for the drainage layer component of the leachate collection system;
(B) Size, location, and general grade for the leachate piping system, including on-site pipelines to leachate management facilities;
(C) Proposed transitional contours for each phase of development, including operational grades for existing phase(s) and construction grading for the new phase; and
(D) If included in the design, stormwater segregation features and details for inactive landfill subcells.
(e) Facility Report. The facility plan shall include the following information:
(1) Waste stream. A discussion of the characteristics of the wastes received at the facility and facility specific management plans shall incorporate:
(A) The types of waste specified for disposal;
(B) Average monthly disposal rates and estimated variance;
(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 MSWLF unit.
(2) Landfill Capacity. An analysis of landfill capacity and soil resources shall be performed.
(A) The data and assumptions used in the analysis shall be:
(i) Consistent with the facility drawings and disposal rates specified in the facility plan; and
(ii) Representative of operational requirements and conditions.
(B) The conclusions shall provide accurate volumetric estimates of:
(i) Total operating capacity;
(ii) Operating capacity for each phase of development;
(iii) In-place ratio of waste to soil;
(iv) Available soil resources from on-site or specific off-site sources;
(v) Required quantities of soil for landfill construction, operation, and closure; and
(vi) The estimated operating life of all MSWLF units in years.
(3) Containment and environmental control systems. A general description of the systems designed for proper landfill operation, system components, and corresponding functions shall be provided.
(4) Leachate Management. An analysis of the leachate management requirements and plans for the MSWLF facility shall incorporate the information required under this Subparagraph.
(A) The performance of and design concepts for the leachate collection system within active areas of the MSWLF unit and any storm water segregation included in the engineering design shall be described.
(B) Normal operating conditions. Normal operating conditions shall be defined and must consider:
(i) Average monthly values for leachate generation representative of the landfill's environment and operation using:
(I) Empirically derived estimates; or
(II) For landfill expansions, actual leachate generation data from the existing landfill.
(ii) Surge volumes generated by storm events.
(C) Leachate management system. A description of the leachate management system components and their engineered function shall be provided, including:
(i) Leachate pipeline operating capacity;
(ii) Capacity of the storage and if applicable, the treatment facilities; and
(iii) Final disposal plans and applicable discharge limits, including documented prior approval of the waste water treatment plant which may be designated in the plan.
(D) A contingency plan shall be prepared for storm surges or other considerations exceeding design parameters for the storage or treatment facilities.
(5) Special engineering features.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1620 ENGINEERING PLAN
(a) Purpose. The engineering plan incorporates the detailed plans and specifications relative to the design and performance of the landfill's containment and environmental control systems. This plan sets forth the design parameters and construction requirements for the components of the landfill's systems and establishes the responsibilities of the design engineer. The engineered components are described in Rule .1624 of this Section. As required under Rule .1617 of this Section, the owner or operator shall submit an engineering plan which meets the requirements of this Rule.
(b) Responsibilities of the design engineer. The engineering plan shall be prepared by a Professional Engineer licensed to practice engineering in accordance with G.S. 89C and the Administrative Rules developed thereunder. The plan shall meet the requirements of this Rule; the design engineer shall incorporate a statement certifying this fact and bearing his or her seal of registration.
(c) Scope. An engineering plan shall 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 original and subsequent plans must incorporate the design of leachate management and other environmental control facilities. 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) An analysis of the facility design that conforms to:
(A) The standards for the foundation and the base liner system set forth in Rule .1624 of this Section;
(B) The standards for the cap system set forth in Paragraph (c) of Rule .1627 of this Section; and
(C) The standards for the leachate storage facilities set forth in Rule .1680 of this Section.
(2) 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 .1622 of this Section.
(3) A description of the materials and construction practices that conforms to the requirements set forth in Rule .1624 of this Section, and is consistent with the analysis of the facility design prepared in accordance with this Part.
(4) A copy of the Design Hydrogeologic Report prepared in accordance with Paragraph (b) of Rule .1623.
(e) Engineering drawings must clearly illustrate:
(1) Existing conditions: site topography, features, existing disposal areas, roads, buildings;
(2) Grading plans: proposed limits of excavation, subgrade elevations, boring locations, intermediate grading for partial construction;
(3) Base liner system: grades for top of composite liner, slopes, anchor configuration, liner penetration locations and details;
(4) Leachate collection system: base elevations, piping system grade and inverts, cleanouts, valves, sumps, top of protective cover elevations, and details;
(5) Stormwater segregation system: location and detail of features;
(6) Cap system: base and top elevations, landfill gas collection, infiltration barrier, surface water removal, protective and vegetative cover, and details;
(7) Temporary and permanent sedimentation and erosion control plans;
(8) Vertical separation requirements incorporating boring locations, cross sections, the maps prepared in accordance with Rule .1623 (b)(2)(E) and (F) of this Section, and the grading plans; and
(9) Additional engineering features and details.

History Note: Authority G.S, 130A-294;
Eff. October 9, 1993.

.1621 CONSTRUCTION QUALITY ASSURANCE PLAN
(a) Purpose. The construction quality control and quality assurance (CQA) plan must describe the observations and tests that will be used before, during, and upon completion of construction to ensure that the construction materials meet the design specifications and the construction and certification requirements set forth in Rule .1624 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 shall include, but not be limited to:
(1) Responsibilities and authorities. The plan shall establish responsibilities and authorities for the construction management organization. A pre-construction meeting shall be conducted prior to beginning construction of the base liner system for a new cell. The meeting shall 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, equipment, calibration procedures for field testing equipment that will be used to ensure that the construction and installation meets or exceeds all design criteria established in accordance with Rules .1620 and .1624 of this Section must be presented in the CQA plan.
(3) Sampling strategies. A description of all sampling protocols, sample size, methods for determining sample locations and frequency of sampling must be presented in the CQA plan.
(4) Documentation. Reporting requirements for CQA activities must be described in detail in the CQA plan. Progress and troubleshooting meetings, daily and monthly, must be addressed in the plan and the contents of the meetings must be documented.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.
.1622 LOCATION RESTRICTIONS FOR MSWLF FACILITY SITING
MSWLF units shall comply with the siting criteria set forth in this Rule. In order to demonstrate compliance with specific criteria, documentation or approval by agencies other than the Division of Solid Waste Management may be required. The scope of demonstrations including design and construction performance shall be discussed in a site study and completed in the permit application.
(1) Airport Safety.
(a) A new MSWLF unit shall be located no closer than 5,000 feet from any airport runway used only by piston-powered aircraft and no closer than 10,000 feet from any runway used by turbine-powered aircraft.
(b) Owners or operators proposing to site a new MSWLF unit or lateral expansion within a five-mile radius of any airport runway used by turbine-powered or piston-powered aircraft shall notify the affected airport and the Federal Aviation Administration prior to submitting a permit application to the Division.
(c) The permittee of any existing MSWLF unit or a lateral expansion located within 5,000 feet from any airport runway used by only piston-powered aircraft or within 10,000 feet from any runway used by turbine-powered aircraft shall demonstrate that the existing MSWLF unit does not pose a bird hazard to aircraft. The owner or operator shall place the demonstration in the operating record and notify the Division that it has been placed in the operating record.
(d) For purposes of this Paragraph:
(i) Airport means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of the available facilities.
(ii) Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.
(2) Floodplains.
(a) New MSWLF units, existing MSWLF units, and lateral expansions shall not be located in 100-year floodplains unless the owners or operators demonstrate that the unit will 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 health and the environment.
(b) For purposes of this Paragraph:
(i) "Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood.
(ii) "100-year flood" means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period.
(iii) "Washout" means the carrying away of solid waste by waters of the base flood.
(3) Wetlands.
(a) New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Division:
(i) 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.
(ii) The construction and operation of the MSWLF unit will not:
(A) Cause or contribute to violations of any applicable State water quality standard;
(B) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act;
(C) 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; and
(D) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary.
(iii) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors:
(A) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the MSWLF unit;
(B) Erosion, stability, and migration potential of dredged and fill materials used to support the MSWLF unit;
(C) The volume and chemical nature of the waste managed in the MSWLF unit;
(D) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;
(E) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and
(F) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.
(iv) To the extent required under Section 404 of the Clean Water Act or applicable State wetlands laws, 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 Subitem (3)(a)(i) 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); and
(v) Sufficient information is available to make a reasonable determination with respect to these demonstrations.
(b) For purposes of this Item, wetlands means those areas that are defined in 40 CFR 232.2(r).
(4) Fault Areas.
(a) New MSWLF units and lateral expansions shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Division that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the MSWLF unit and will be protective of human health and the environment.
(b) For the purposes of this Item:
(i) "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.
(ii) "Displacement" means the relative movement of any two sides of a fault measured in any direction.
(iii) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
(5) Seismic Impact Zones.
(a) New MSWLF units and lateral expansions shall not be located in seismic impact zones, unless the owner or operator demonstrates to the Division that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.
(b) For the purposes of this Item:
(i) "Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years.
(ii) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
(iii) "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
(6) Unstable Areas.
(a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in an unstable area shall demonstrate that engineering measures have been incorporated into the MSWLF unit's design to ensure that the integrity of the structural components of the MSWLF unit will not be disrupted. The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
(i) On-site or local soil conditions that may result in significant differential settling;
(ii) On-site or local geologic or geomorphologic features; and
(iii) On-site or local human-made features or events (both surface and subsurface).
(b) For purposes of this Item:
(i) "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.
(ii) "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 MSWLF that is necessary for protection of human health and the environment.
(iii) "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 an MSWLF unit.
(iv) "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 MSWLF unit, 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.
(v) "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.
(7) Cultural Resources. A new MSWLF unit or lateral expansion shall not damage or destroy an archaeological or historical property. The Department of Cultural Resources shall determine archeological or historical significance. To aid in making a determination as to whether the property is of archeological or historical significance, the Department of Cultural Resources may request the owner or operator to perform a site-specific survey which shall be included in the Site Study.
(8) State Nature and Historic Preserve. A new MSWLF unit or lateral expansion shall not have an adverse impact on any lands included in the State Nature and Historic Preserve.
(9) Water Supply Watersheds.
(a) A new MSWLF unit or lateral expansion shall not be located in the critical area of a water supply watershed or in the watershed for a stream segment classified as WS-I, in accordance with the rules codified at 15A NCAC 2B .0200 - "Classifications and Water Quality Standards Applicable To Surface Waters Of North Carolina."
(b) Any new MSWLF unit or lateral expansion, which shall discharge leachate to surface waters at the landfill facility 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, shall not be located within watersheds classified as WS-II or WS-III, in accordance with the rules codified at 15A NCAC 2B .0200 - "Classifications and Water Quality Standards Applicable To Surface Waters Of North Carolina."
(10) Endangered and Threatened Species. A new MSWLF unit or lateral expansion shall 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.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1623 GEOLOGIC AND HYDROGEOLOGIC INVESTIGATIONS FOR MSWLF FACILITIES
(a) Site Hydrogeologic 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 MSWLF units; and the general ground-water flow paths and rates for the uppermost aquifer. The report shall 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 MSWLF units to ground-water receptors (especially drinking water wells) and to ground-water discharge features. Additionally, the scope of the investigation shall include the general geologic information necessary to address compliance with the pertinent location restrictions described in Rule .1622 of this Section. The Site Hydrogeologic Report shall 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 shall include a fracture trace analysis and Rose Diagram, based at a minimum on 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. A more extensive hydrogeologic investigation may be required 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).
(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 shall be an average of one boring for each ten acres of the proposed landfill facility, unless otherwise authorized by the Division. All borings intersecting the water table shall be converted to piezometers or monitoring wells.
(4) A testing program for the borings which describes the frequency, distribution, and type of samples taken and the methods of analysis (standard ASTM test methods or methods approved by the Division) used to obtain, at a minimum, the following information:
(A) Standard penetration - resistance;
(B) Particle size analysis;
(C) Soil classification: Unified Soil Classification System;
(D) Formation descriptions; and
(E) Saturated hydraulic conductivity, porosity, and effective porosity for each lithologic unit of the uppermost aquifer.
(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, meteorological and climatological data, 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 tidal variations, river stage changes, flood pool changes of reservoirs, high volume production wells, injection wells, etc.
(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 shall 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 shall 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 bench mark.
(11) Boring logs, field logs and notes, well construction records, and piezometer construction records.
(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 focussing on the relationship of MSWLF units 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 MSWLF units.
(D) A discussion of the ground-water flow regime of the uppermost aquifer at the site and the ability to effectively monitor the MSWLF units in order to ensure early detection of any release of hazardous constituents to the uppermost aquifer.
(b) Design Hydrogeologic Report.
(1) A geological and hydrogeological report shall be submitted in the application for the Permit to Construct. This report shall contain the information required by Subparagraphs (2) and (3) of this Paragraph. The number and depths of borings required shall be based on the geologic and hydrogeologic characteristics of the landfill facility. At a minimum, there shall be an average of one boring for each acre of the area of investigation, unless otherwise authorized by the Division, where the area of investigation shall be defined by the Division's review of the Site Study and by the scope and purpose of the investigation as follows:
(A) The investigation shall provide adequate information to demonstrate compliance with the vertical separation and foundation standards set forth in Subparagraphs (b)(4) and (b)(7) of Rule .1624 of this Section, and Paragraph (e) of Rule .1680 of this Section.
(B) The report shall include an investigation of the hydrogeologic characteristics of the uppermost aquifer for the proposed phase of landfill development and any leachate surface impoundment or leachate disposal facility. 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 shall provide, at a minimum, the following information:
(A) The information required in Subparagraphs (a)(4) through (a)(12) of this Rule.
(B) All technical information necessary to determine the design of the monitoring system as required by Rule .1631(c) of this Section.
(C) All technical information necessary to determine the relevant point of compliance as required by Rule .1631(a)(2)(B) of this Section.
(D) Rock corings (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 shall provide, at a minimum, the following information:
(i) Rock types;
(ii) Recovery values;
(iii) Rock Quality Designation (RQD) values;
(iv) Saturated hydraulic conductivity and secondary porosity values; and
(v) 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, etc.
(I) A certification by a Licensed Geologist that all borings at the site that have not been converted to permanent monitoring wells will be properly abandoned in accordance with the procedures for permanent abandonment of wells, as delineated in 15A NCAC 2C Rule .0113(a)(2).
(3) A Water Quality Monitoring Plan shall be submitted that contains the following information.
(A) A ground-water monitoring plan including information on the proposed ground-water monitoring system(s), sampling and analysis requirements, and detection monitoring requirements that fulfills the requirements of Rules .1630 through .1637 of this Section.
(i) The Division may require the use of alternative monitoring systems in addition to ground-water monitoring wells at sites:
(I) Where the owner or operator does not control the property from any landfill unit to the ground-water discharge feature(s); or
(II) Sites with hydrogeologic conditions favorable to detection monitoring by alternative methods.
(ii) The ground-water monitoring plan shall provide a detailed discussion of the geologic and hydrogeologic criteria used to determine the number, spacing, location, and screen depths of proposed monitoring wells.
(B) A surface water monitoring plan in accordance with Rule .0602 of Section .0600.
(C) The final water quality monitoring plan shall be certified by a Licensed Geologist to be effective in providing early detection of any release of hazardous constituents (from any point in a MSWLF unit or leachate surface impoundment) to the uppermost aquifer, so as to be protective of public health and the environment.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1624 CONSTRUCTION REQUIREMENTS FOR MSWLF FACILITIES
(a) This Rule establishes the performance standards and minimum criteria for designing and constructing a new MSWLF unit or lateral expansion of existing MSWLF units. Additional standards for the cap system are described in Rule .1627 of this Section.
(b) New MSWLF units and lateral expansions shall comply with the following design and construction criteria:
(1) Base liner system description. The base liner system is constructed on the landfill subgrade and shall be designed to efficiently contain, collect and remove leachate generated by the MSWLF unit. At a minimum, the components of the liner system shall consist of the following.
(A) A Base Liner. The base liner shall consist of one of the following designs. The design described in Subpart (b)(1)(A)(i) of this Rule is the standard composite liner. If a landfill owner or operator proposes to utilize one of the alternative composite liner designs described in Subparts (b)(1)(A)(ii) and (iii) of this Rule, the owner or operator shall demonstrate through a model that the proposed design will ensure that maximum concentration levels (MCLs) listed in Table 1 will not be exceeded in the uppermost aquifer at the relevant point of compliance as established in Rule .1631(a)(2) of this Section. For these two designs, the Division may waive the site-specific modeling requirement if it can be demonstrated that a previous site for which a model was approved had similar hydrogeologic characteristics, climatic factors and volume and physical and chemical leachate characteristics. If an alternative liner design other than Subparts (b)(1)(A)(ii)and(iii) of this Rule is proposed, the Division shall require site-specific, two-phase modeling as described in Subpart (b)(1)(A)(iv) of this Rule.
(i) A composite liner utilizing a compacted clay liner (CCL). The composite liner is one liner that consists of two components; a geomembrane liner installed above and in direct and uniform contact with a compacted clay liner with a minimum thickness of 24 inches (0.61 m) and a permeability of no more than 1.0 X 10-7 cm/sec. The composite liner shall be designed and constructed in accordance with Subparagraphs (b)(8) and (10) of this Rule.
(ii) A composite liner utilizing a geosynthetic clay liner (GCL). The composite liner is one liner that consists of three components: a geomembrane liner installed above and in uniform contact with a GCL overlying a compacted clay liner with a minimum thickness of 18 inches (0.46 m) and a permeability of no more than 1.0 X 10-5 cm/sec. The composite liner shall be designed and constructed in accordance with Subparagraphs (b)(8), (9), and (10) of this Rule.
(iii) A composite liner utilizing two geomembrane liners. The composite liner consists of three components; two geomembrane liners each with an overlying leachate drainage system designed to reduce the maximum predicted head acting on the lower membrane liner to less than one inch. The lower membrane liner shall overlie a compacted clay liner with a minimum thickness of 12 inches (0.31m) and a permeability of no more than 1.0 X 10-5 cm/sec. The composite liner system shall be designed and constructed in accordance with Subparagraphs (b)(8) and (10) of this Rule.
(iv) An alternative base liner. An alternative base liner system may be approved by the Division if the owner or operator demonstrates through a two-phase modeling approach that the alternative liner design meets the following criteria:
(I) the rate of leakage through the alternative liner system will be less than or equal to the composite liner system defined in Subparts (b)(1)(A)(i) of this Rule; and
(II) the design will ensure that concentration values listed in Table 1 will not be exceeded in the uppermost aquifer at the relevant point of compliance as established in Rule .1631(a)(2) of this Section.
(B) A leachate collection system (LCS). The LCS is constructed directly above the base liner and shall be designed to effectively collect and remove leachate from the MSWLF unit. The secondary function of the LCS is to establish a zone of protection between the base liner and the waste. The LCS shall be designed and constructed in accordance with Subparagraphs (b)(2), (11), (12) and (13) of this Rule.
(2) Leachate collection system design and operation.
(A) The leachate collection system shall be hydraulically designed to remove leachate from the landfill and ensure that the leachate head on the composite liner does not exceed one foot. A means of quantitatively assessing the performance of the leachate collection system must be provided in the engineering plan. The performance analysis must evaluate the flow capacities of the drainage network necessary to convey leachate to the storage facility or off-site transport location. The engineering evaluation shall incorporate the following criteria:

(i) At a minimum, the geometry of the landfill and the leachate collection system shall be designed to control and contain the volume of leachate generated by the 24-hour, 25-year storm.
(ii) The performance analysis shall evaluate the leachate collection system for the flow capacities during conditions when the maximum impingement rate occurs on the LCS. The LCS flow capacity shall be designed to reduce the head on the liner system generated by the 24-hour, 25-year storm to less than one foot within 72 hours after the storm event.
(B) The leachate collection system shall be designed to provide a zone of protection at least 24 inches separating the composite liner from landfilling activities, or shall be subject to approval from the division upon a demonstration of equivalent protection for the liner system.
(C) The leachate collection system shall be designed to resist clogging and promote leachate collection and removal from the landfill.
(D) The leachate collection system shall be operated to remove leachate from the landfill in such a way as to ensure that the leachate head on the composite liner does not exceed one foot under normal operating conditions.
(3) Horizontal separation requirements.
(A) Property line buffer. New MSWLF units at a new facility shall establish a minimum 300-foot buffer between the MSWLF unit and all property lines.
(B) Private residences and wells. All MSWLF units at a new facility shall establish a minimum 500-foot buffer between the MSWLF unit and existing private residences and wells.
(C) Surface waters. All MSWLF units at new facilities shall establish a minimum 50-foot buffer between the MSWLF unit and any stream, river, or lake, unless the owner or operator can demonstrate:
(i) To the Division that the alternative management of the water and any discharge will adequately protect the public health and environment; and
(ii) That the construction activities will conform to the requirements of Sections 404 and 401 of the Clean Water Act.
(D) Existing landfill units. An adequate buffer distance shall be established between a new MSWLF unit and any existing landfill units to establish a ground-water monitoring system as set forth in Rule .1631 of this Section.
(E) Existing facility buffers. At a minimum, a lateral expansion or new MSWLF unit at an existing facility shall conform to the requirements of the effective permit.
(4) Vertical separation requirements. A MSWLF unit shall be constructed so that the post settlement bottom elevation of the base liner system is a minimum of four feet above the seasonal high ground-water table and bedrock datum plane contours established in the Design Hydrogeological Report prepared in accordance with Rule .1623(b) of this Section.
(5) Survey control. One permanent benchmark of known elevation measured from a U.S. Geological Survey benchmark shall 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.
(6) Location coordinates. The North Carolina State Plane (NCSP) coordinates shall be established and one of its points shall be the benchmark of known NCSP coordinates.
(7) Landfill subgrade. The landfill subgrade is the in-situ soil layer(s), constructed embankments, and select fill providing the foundation for construction of the unit. A foundation analysis shall be performed to determine the structural integrity of the subgrade to support the loads and stresses imposed by the weight of the landfill and to support overlying facility components and maintain their integrity of the components. Minimum post-settlement slope for the subgrade shall be two percent. Safety factors shall be specified for facilities located in a Seismic Impact Zones.
(A) Materials required. The landfill subgrade shall be adequately free of organic material and consist of in-situ soils or a select fill approved by the Division in accordance with the performance standards contained in Subparagraph (b)(7) of this Rule.
(B) Construction requirements.
(i) The landfill subgrade shall be graded in accordance with the approved plans and specifications, which are incorporated into the permit to construct in accordance with Rule .1604(b) of this Section.
(ii) The owner or operator of the MSWLF units may be required by the permit to notify the Division's hydrogeologist and inspect the subgrade when excavation is completed or if bedrock or other unpredicted subsurface conditions are encountered during excavation.
(C) Certification requirements. At a minimum, the subgrade surface shall be inspected in accordance with the following requirements:
(i) Before beginning construction of the base liner system, the project engineer shall visually inspect the exposed surface to evaluate the suitability of the subgrade and document that the surface is properly prepared and that the elevations are consistent with the approved engineering plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section;
(ii) The subgrade shall be proof-rolled using procedures and equipment specified by the design or project engineer; and
(iii) The subgrade shall be tested for density and moisture content at a minimum frequency as specified in the plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section.
(8) Compacted clay liners. Compacted clay liners are low permeability barriers designed to control fluid migration in a cap liner system or base liner system.
(A) Materials required. The soil materials used in constructing a compacted clay liner may consist of on-site or off-site sources, or a combination of sources; sources may possess adequate native properties or may require bentonite conditioning to meet the permeability requirement. The soil material shall be free of particles greater than three inches in any dimension.
(B) Construction requirements. Construction methods for the compacted clay liner shall be based upon the type and quality of the borrow source and shall be verified in the field by constructing test pad(s). The project engineer shall ensure that the compacted clay liner installation conforms with the Division approved plans including the following minimum requirements:
(i) A test pad shall be constructed prior to beginning installation of the compacted clay liner and whenever there is a significant change in soil material properties. The area and equipment, liner thickness, and subgrade slope and conditions shall be representative of full scale construction. Acceptance and rejection criteria shall be verified for the tests specified in accordance with Part (C) of this Subparagraph. For each lift, a minimum of three test locations shall be established for testing moisture content, density, and a composite sample for recompacted lab permeability. At least one shelby tube sample for lab permeability testing, or another in situ test that is approved by the Division as equivalent for permeability determination shall be obtained per lift.
(ii) Soil conditioning, placement, and compaction shall be maintained within the range identified in the moisture-density-permeability relation developed in accordance with Subparagraph (C) of this Paragraph.
(iii) The final compacted thickness of each lift shall be a maximum of six inches.
(iv) Prior to placement of successive lifts, the surface of the lift in place shall be scarified or otherwise conditioned to eliminate lift interfaces.
(v) The final lift shall be protected from environmental degradation.
(C) Certification requirements. The project engineer shall include in the construction quality assurance report a discussion of all quality assurance and quality control testing required in this Subparagraph. The testing procedures and protocols shall be submitted in accordance with Rule .1621 of this Section and approved by the Division. The results of all testing shall be included in the construction quality assurance report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the Division approved plans including the following requirements:
(i) At a minimum, the quality control testing for accepting materials prior to and during construction of a compacted clay liner shall include: particle size distribution analysis, Atterberg limits, triaxial cell laboratory permeability, moisture content, percent bentonite admixed with soil, and the moisture-density-permeability relation. The project engineer shall certify that the materials used in construction were tested according to the Division approved plans.
(ii) At a minimum, the quality assurance testing for evaluating each lift of the compacted clay liner shall include: moisture content and density, and permeability testing. For each location the moisture content and density shall be compared to the appropriate moisture-density-permeability relation. The project engineer shall certify that the liner was constructed using the methods and acceptance criteria consistent with test pad construction and tested in accordance with the plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section.
(iii) Any tests resulting in the penetration of the compacted clay liner shall be repaired using bentonite or as approved by the Division.
(9) Geosynthetic Clay liners. Geosynthetic clay liners are geosynthetic hydraulic barriers manufactured in sheets and installed by field seaming techniques.
(A) Materials required. Geosynthetic clay liners shall consist of natural sodium bentonite clay or equivalent, encapsulated between two geotextiles or adhered to a geomembrane. The liner material and any seaming materials shall have chemical and physical resistance not adversely affected by environmental exposure, waste placement, leachate generation and subgrade moisture composition. Accessory bentonite, used for seaming, repairs and penetration seaming shall be made from the same sodium bentonite as used in the geosynthetic clay liner or as recommended by the manufacturer. The type of geosynthetic clay liner shall be approved by the Division according to the criteria set forth in this Part.
(i) Reinforced geosynthetic clay liners shall be used on all slopes greater than 10H:IV.
(ii) The geosynthetic clay liner material shall have a demonstrated hydraulic conductivity of not more than 5 X 10-9 cm/sec under the anticipated confining pressure.
(B) Design and Construction requirements. The design engineer shall ensure that the design of the geosynthetic clay liner installation conforms to the requirements of the manufacturer's recommendations and the Division approved plans. The Division approved plans shall provide for and include the following provisions:
(i) The surface of the supporting soil upon which the geosynthetic clay liner will be installed shall be reasonably free of stones, organic matter, protrusions, loose soil, and any abrupt changes in grade that could damage the geosynthetic clay liner;
(ii) Materials placed on top of the GCL shall be placed in accordance with the plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section. Equipment used to install additional geosynthetics shall be specified by the design engineer and as recommended by the manufacturer. A minimum of 12 inches of separation between the application equipment and the geosynthetic clay liner shall be provided when applying soil materials;
(iii) Materials that become prematurely hydrated shall be removed, repaired, or replaced, as specified by the project engineer and in accordance with the plans incorporated into the permit to construct prepared in accordance with Rule .1604(b) of this Section;
(iv) Field seaming preparation and methods, general orientation criteria, and restrictive weather conditions;
(v) Anchor trench design;
(vi) Critical tensile forces and slope stability, including seismic design;
(vii) Protection from environmental damage; and
(viii) Physical protection from the materials installed directly above the geosynthetic clay liner.
(C) Certification requirements.
(i) Before beginning installation of the geosynthetic clay liner, the project engineer shall visually inspect the exposed surface to evaluate the suitability of the subgrade and document that the surface is properly prepared and that the elevations are consistent with the approved engineering plans incorporated into the permit to construct in accordance with Rule .1604 (b) of this Section.
(ii) The project engineer shall ensure that the geosynthetic clay installation conforms to the requirements of the manufacturer's recommendations and the plans incorporated into the permit to construct in accordance with Rule .1604 (b) of this Section.
(iii) The project engineer shall include in the construction quality assurance report a discussion of quality assurance and quality control testing to document that material is placed in accordance with plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section.
(iv) The project engineer shall include in the construction quality assurance report a discussion of the approved data resulting from the quality assurance and quality control testing required in this Subparagraph.
(v) The testing procedures and protocols for field installation shall be submitted in accordance with Rule .1621 of this Section and approved by the Division.
(vi) The results of all testing shall be included in the construction quality assurance report, including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and performance documentation of all retesting, in accordance with the plans incorported into the permit to consturct in accordance with Rule .1604 (b) of this Section, including the following:
(I) Quality control testing of the raw materials and manufactured product;
(II) Field and independent laboratory destructive testing of geosynthetic clay liner samples;
(III) Documentation prepared by the project engineer in accordance with Subpart (b)(9)(C)(i) of this Rule.

(10) Geomembrane liners. Geomembrane liners are geosynthetic hydraulic barriers manufactured in sheets and installed by field seaming techniques.
(A) Materials required. The liner material and any seaming materials shall have chemical and physical resistance not adversely affected by environmental exposure, waste placement and leachate generation. The type of geomembrane shall be approved by the Division according to the criteria set forth in this Part.
(i) High density polyethylene geomembrane liners shall have a minimum thickness of 60 mils.
(ii) The minimum thickness of any geomembrane approved by the Division shall be greater than 30 mils.
(B) Construction requirements. The project engineer shall ensure that the geomembrane installation conforms to the requirements of the manufacturer's recommendations and the Division approved plans including the following:
(i) The surface of the supporting soil upon which the geomembrane will be installed shall be reasonably free of stones, organic matter, protrusions, loose soil, and any abrupt changes in grade that could damage the geomembrane;
(ii) Field seaming preparation and methods, general orientation criteria, and restrictive weather conditions;
(iii) Anchor trench design;
(iv) Critical tensile forces and slope stability;
(v) Protection from environmental damage; and
(vi) Physical protection from the materials installed directly above the geomembrane.
(C) Certification requirements. The project engineer shall include in the construction quality assurance report a discussion of the approved data resulting from the quality assurance and quality control testing required in this Subparagraph. The testing procedures and protocols for field installation shall be submitted in accordance with Rule .1621 of this Section and approved by the Division. The results of all testing shall be included in the construction quality assurance report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section, including the following:
(i) Quality control testing of the raw materials and manufactured product;
(ii) At a minimum, test seams shall be made upon each start of work for each seaming crew, upon every four hours of continuous seaming, every time seaming equipment is changed or if significant changes in geomembrane temperature and weather conditions are observed;
(iii) Nondestructive testing of all seams; and
(iv) Field and independent laboratory destructive testing of seam samples.
(11) Leachate collection pipes. A leachate collection pipe network shall be a component of the leachate collection system and shall be hydraulically designed to convey leachate from the MSWLF unit to an appropriately sized leachate storage or treatment facility or a point of off-site transport. Leachate collection piping shall comply with the following:
(A) Materials required.
(i) The leachate collection piping shall have a minimum nominal diameter of six inches.
(ii) The chemical properties of the pipe and any materials used in installation shall not be adversely affected by waste placement or leachate generated by the landfill.
(iii) The physical properties of the pipe shall provide adequate structural strength to support the maximum static and dynamic loads and stresses imposed by the overlying materials and any equipment used in construction and operation of the landfill. Specifications for the pipe shall be submitted in the engineering report.
(B) Construction requirements.
(i) Leachate collection piping shall be installed according to the plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section.
(ii) The location and grade of the piping network shall provide access for periodic cleaning.
(iii) The bedding material for the leachate collection pipe shall consist of a coarse aggregate installed in direct contact with the pipe. The aggregate shall be chemically compatible with the leachate generated and shall be placed to provide adequate support to the pipe. The bedding material for main collector lines shall be extended to and in direct contact with the waste layer or a graded soil or granular filter.
(C) Certification requirements. The project engineer shall include in the construction quality assurance report a discussion of the quality assurance and quality control testing to ensure that the material is placed according to the approved plans. The testing procedures and protocols for field installation shall be submitted in accordance with Rule .1621 of this Section and approved by the Division. The results of all testing shall be included in the construction quality assurance report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with plans incorporated into the permit to construct in accordance with Rule .1604(b) of this Section, including the following:
(i) All leachate piping installed from the MSWLF unit to the leachate storage or treatment facility shall be watertight.
(ii) The seal where the piping system penetrates the geomembrane shall be inspected and non-destructively tested for leakage.
(12) Drainage layers. Any soil, granular, or geosynthetic drainage nets used in the leachate collection system shall conform to the following requirements:
(A) Materials required.
(i) The chemical properties of the drainage layer materials shall not be adversely affected by waste placement or leachate generated by the landfill.
(ii) The physical and hydraulic properties of the drainage layer materials shall promote lateral drainage of leachate through a zone of relatively high permeability or transmissivity under the predicted loads imposed by overlying materials.
(B) Construction requirements.
(i) The drainage layer materials shall be placed in accordance with the approved plans prepared in accordance with Rule .1604(b) of this Section and in a manner that prevents equipment from working directly on the geomembrane.
(ii) The drainage layer materials shall be stable on the slopes specified on the engineering drawings.
(C) Certification requirements. The project engineer shall include in the construction quality assurance report a discussion of the quality assurance and quality control testing to ensure that the drainage layer material is placed according to the approved plans. The testing procedures and protocols for field installation shall be submitted in accordance with of Rule .1621 of this Section and approved by the Division. The results of all testing shall be included in the construction quality assurance report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the. approved plans prepared in accordance with Rule .1604(b) of this Section.
(13) Filter layer criteria. All filter collection layers used in the leachate collection system shall be designed to prevent the migration of fine soil particles into a courser grained material, and permit water or gases to freely enter a drainage medium (pipe or drainage layer) without clogging.
(A) Materials required.
(i) Graded cohesionless soil filters. The granular soil material used as a filter shall have no more than five percent by weight passing the No. 200 sieve and no soil particles larger than three inches in any dimension.
(ii) Geosynthetic filters. Geosynthetic filter materials shall demonstrate adequate permeability and soil particle retention, and chemical and physical resistance which is not adversely affected by waste placement, any overlying material or leachate generated by the landfill.
(B) Construction requirements. All filter layers shall be installed in accordance with the engineering plan and specifications incorporated into the permit to construct prepared in accordance with Rule .1604(b) of this Section. Geosynthetic filter materials shall not be wrapped directly around leachate collection piping.
(C) Certification requirements. The project engineer shall include in the construction quality assurance report a discussion of the quality assurance and quality control testing to ensure that the filter layer material is placed according to the approved plans. The testing procedures and protocols for field installation shall be submitted in accordance with Rule .1621 of this Section and approved by the Division. The results of all testing shall be included in the construction quality assurance report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the approved plans prepared in accordance with Rule .1604(b) of this Section.
(14) Special engineering structures. Engineering structures incorporated in the design and necessary to comply with the requirements of this Section shall be specified in the engineering plan. Material, construction, and certification requirements necessary to ensure that the structure is constructed according to the design and acceptable engineering practices shall be included in the Division approved plan.
(15) Sedimentation and erosion control. Adequate structures and measures shall be designed and maintained to manage the run-off generated by the 24-hour, 25-year storm event, and conform to the requirements of the Sedimentation Pollution Control Law (15A NCAC 4).
(16) Construction quality assurance (CQA) report.
(A) A CQA report shall be submitted:
(i) After completing landfill construction in order to qualify the constructed MSWLF unit for a permit to operate;
(ii) After completing construction of the cap system in accordance with the requirements of Rule .1629; and
(iii) According to the reporting schedule developed in accordance with Rule .1621 of this Section.
(B) The CQA report shall include, at a minimum, the information prepared in accordance with the requirements of Rule .1621 of this Section containing results of all construction quality assurance and construction quality control testing required in this Rule 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 shall contain as-built drawings noting any deviation from the approved engineering plans and shall also contain a comprehensive narrative including but not limited to daily reports from the project engineer and a series of color photographs of major project features.
(C) The CQA report shall bear the seal of the project engineer and a certification that construction was completed in accordance with:
(i) The CQA plan;
(ii) The conditions of the permit to construct;
(iii) The requirements of this Rule; and
(iv) Acceptable engineering practices.
(D) The Division shall review the CQA report within 30 days of a complete submittal to ensure that the report meets the requirements of this Subparagraph.

Table 1
 
 

CHEMICAL	MCL(mg/l )
Arsenic	0.05
Barium	1.0
Benzene	0.005
Cadmium	0.01
Carbon Tetrachloride	0.005
Chromium (hexavalent)	0.05
2,4-Dichlorophenoxy acetic acid	0.1
1,4-Dichlorobenzene	0.075
1,2-Dichloroethane	0.005
1,1-Dichloroethylene	0.007
Endrin	0.0002
Fluoride	4
Lindane	0.004
Lead	0.05
Mercury	0.002
Methoxychlor	0.1
Nitrate	10.0
Selenium	0.01
Silver	0.05
Toxaphene	0.005
1,1,1-Trichloromethane	0.2
Trichloroethylene	0.005
2,4,5-Trichlorophenoxy acetic acid	0.01
Vinyl Chloride	0.002

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993;
Temporary Amendment Eff. July 8, 1998;
Amendment Eff. April 1, 1999.

.1625 OPERATION PLAN FOR MSWLF FACILITIES
(a) The operator of a MSWLF unit shall maintain and operate the facility according to the operation plan prepared in accordance with this Rule.
(1) Existing MSWLF units. The operator of an existing MSWLF unit shall meet the following requirements.
(A) The operation plan shall be prepared as the information becomes available.
(B) The operation plan shall be completed and submitted on or before April 9, 1994.
(C) The operation plan shall describe the existing phase of landfill development through the final receipt of wastes established in accordance with Subparagraph (c)(10) of the Rule .1627.
(D) The operator of an existing MSWLF unit which will reach permitted capacity prior to October 9, 1996 as set forth in the effective permit shall:
(i) Complete the operation plan and submit five copies to the Division at least 60 days prior to reaching permitted capacity; and
(ii) Receive at least partial approval from the Division as set forth in Part (d)(2)(B) of Rule .1603 in order to continue operation of the existing MSWLF unit.
(2) New MSWLF units and lateral expansions. The operation plan shall be submitted in accordance with Rules .1617 and .1604(b)(2)(P) of this Section. Each phase of operation shall be defined by an area which will contain approximately five years of disposal capacity.
(b) Operation Plan. The owner or operator of a MSWLF unit shall prepare an operation plan for each phase of landfill development. The plan shall include drawings and a report clearly defining the information proposed for the Division approved plan.
(1) Operation drawings. Drawings shall be prepared for each phase of landfill development. The drawings shall be consistent with the engineering plan and prepared in a format which is useable for the landfill operator. The operation drawings shall illustrate the following:
(A) Existing conditions, including the known limits of existing disposal areas;
(B) Progression of construction cells for incremental or modular construction;
(C) Progression of operation, including initial waste placement, daily operations, transition contours, and final contours;
(D) Leachate and stormwater controls for active and inactive subcells;
(E) Special waste areas within the MSWLF unit;
(F) Buffer zones, noting restricted use; and
(G) Stockpile and borrow operations.
(2) Operation report. The report shall provide a narrative discussion of the operation drawings and contain a description of the facility operation that conforms to the requirements of Rule .1626 of this Section.
(3) The operation plan for an existing MSWLF unit shall include:
(A) The facility's programs set forth in Parts (1)(f), (2)(b), and (4)(b) of Rule .1626;
(B) A Sedimentation and Erosion Control plan which incorporates adequate measures to control surface water run-off and run-on generated from the 24-hour, 25-year storm event;
(C) Operation drawings that illustrate annual phases of development which are consistent with the minimum and maximum slope requirements set forth in Subparagraph (c)(3) of Rule .1627;
(D) The remaining permitted capacity approved by the Division prior to October 9, 1993, and calculated from October 9, 1993 using reasonable methods, data, and assumptions; and
(E) Documented closure of the landfill unit(s) which stopped receiving waste before October 9, 1991.

History Note: Authority G.S. 130A-294;
Eff. October 9, 1993.

.1626 OPERATIONAL REQUIREMENTS FOR MSWLF FACILITIES
The owner or operator of any MSWLF unit must maintain and operate the facility in accordance with the requirements set forth in this Rule and the operation plan as described in Rule .1625 of this Section.
(1) Waste Acceptance and Disposal Requirements.
(a) A MSWLF shall only accept those solid wastes which it is permitted to receive. The landfill owner or 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) The following wastes are prohibited from disposal at a MSWLF unit:
(i) Hazardous waste as defined within 15A NCAC 13A, to also include hazardous waste from conditionally exempt small quantity generators.
(ii) Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR 761.
(iii) Liquid wastes unless they are managed in accordance with Rule .1626(9) of this Section.
(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 shall 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, Health, and Natural Resources, Division of Solid Waste, 401 Oberlin Road, Raleigh, N.C. at no cost. The waste shall 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:
(i) At the bottom of the working face; or
(ii) In an area not contiguous with other disposal areas. Separate areas shall be clearly designated so that asbestos is not exposed by future land-disturbing activities.
(e) Wastewater treatment sludges may only be accepted for disposal in accordance with the following conditions:
(i) Utilized as a soil conditioner and incorporated