Current through Register Vol. 38, No. 18, March 15, 2024
(a) A
treatment and processing facility (site) shall meet the following siting
requirements:
(1) Floodplain Restrictions:
Any portions of the site property where storage or processing of solid waste
occurs shall not be located in the 100-year floodplain.
(2) Cultural Resources Restrictions: A site
shall not damage or destroy a property of archaeological or historical
significance that has been listed on the National Register of Historic Places
or included on the Study List for the Register pursuant to
07 NCAC
04R .0206 and
04R .0300, which are incorporated
by reference including subsequent amendments.
(3) State Nature and Historic Preserve
Restrictions: The location, access, size, and operation of the site shall not
have an adverse impact on any component included in the State Nature and
Historic Preserve pursuant to
G.S.
143-260.10.
(4) Endangered and Threatened Species
Restrictions: A site 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,
Public Law
93-205, as amended.
(5) Clean Water Act Requirements: A site or
site operations shall:
(A) not cause a
discharge of pollutants into waters of the United States, including wetlands,
that violates any requirements of the Clean Water Act, including the National
Pollutant Discharge Elimination System (NPDES) requirements pursuant to Section
402 of the Clean Water Act;
(B)
comply with Section 404 of the Clean Water Act; and
(C) not cause the discharge of a nonpoint
source of pollution to waters of the United States, including wetlands, that
violates any requirement of an area-wide or Statewide water quality management
plan that has been approved under Section 208 or 319 of the Clean Water
Act.
(6) Buffer
Requirements: Unless otherwise stated in the site permit or local zoning
requires larger buffers, the waste handling, treatment, processing, and storage
areas shall be:
(A) no less than 100 feet
from supply wells;
(B) no less than
100 feet from property lines;
(C)
no less than 50 feet from waters of the State as defined in
G.S.
143-212, or wetlands as defined in
40 CFR
232.2; and
(D) surrounded by an unused and cleared area
of no less than 25 feet to allow access for fire or emergency response
vehicles.
(b)
A permit applicant shall submit to the Division one electronic copy of a permit
application, which shall contain the plans described in Paragraphs (c) and (d)
of this Rule.
(c) Site Plan. An
application for a permit for a site shall contain a site plan that includes the
following information:
(1) an aerial
photograph, representative of existing conditions, at a scale of at least one
inch equals 400 feet, showing the area within one quarter mile of the proposed
site's boundaries with the following identified:
(A) property lines of the entire property
where the site will be located;
(B)
waste treatment, processing, and storage areas;
(C) buffer areas and distances to wells,
residences, wetlands and water bodies, and descriptions of any buffer
requirements by local government zoning regulations;
(D) existing land use and zoning;
(E) location of all private residences,
commercial and industrial buildings, public or private utilities, roads, and
schools;
(F) on-site
easements;
(G) location of potable
wells and public water supplies;
(H) historic sites described in Subparagraph
(a)(2) of this Rule;
(I) State
nature and historic preserves described in Subparagraph (a)(3) of this
Rule;
(J) the existing topography
and features of the site including general surface water drainage patterns and
watersheds, 100-year floodplains, perennial and intermittent streams, rivers,
and lakes; and
(K) the
classification of the surface water drainage from the site in accordance with
15A NCAC
02B .0300;
(2) a letter from the unit of government
having zoning jurisdiction over the site that states that the proposed use is
allowed within any existing zoning and that any necessary zoning approval or
permit has been obtained, and that states the local zoning buffers that apply
to the site; and
(3) letters from
both the State Historic Preservation Office and the Natural Heritage Program
within the Department of Natural and Cultural Resources stating whether the
proposed use of the site will impact the historic sites described in
Subparagraph (a)(2) of this Rule; State nature and historic preserves described
in Subparagraph (a)(3) of this Rule; or the endangered or threatened species
described in Subparagraph (a)(4) of this Rule located at the site.
(d) Operations Plan. An
application for a permit for a site shall contain an operations plan that shall
include the following information:
(1) the
type and quantity of wastes that will be accepted, the anticipated sources of
the waste accepted, and the intended destination of recyclables and waste
removed from the site;
(2) the
procedures for receiving, screening, processing, handling, salvaging, storage,
treating, and removal of waste and recovered materials, including the
anticipated processing, treatment, and storage times,
(3) procedures for handling recyclables,
wastes banned from landfill disposal in accordance with
G.S.
130A-309.10(f), and special
wastes as defined in
G.S.
130A-290(a)(40);
(4) the solid waste treatment, processing,
and storage areas, and the buffer areas required by Subparagraph (a)(6) of this
Rule;
(5) the hours of operation,
staffing, parking for visitors and employees, and traffic routing;
(6) methods for vector control, dust and odor
control, drainage and erosion control, fire prevention, and daily
cleanup;
(7) record keeping
procedures;
(8) a description of
how the site will comply with the operational and closure requirements of Rule
.0302 of this Section;
(9) for
sites that will accept, process, or recycle construction and demolition wastes,
a description of how the site will comply with
40 CFR
61, Subpart M, and
G.S.
130A-444 through 452;
(10) a contingency plan that shall address
planned operations in the event of loss of power, loss of communications, storm
surges, scale malfunctions, and scale software malfunctions; in the event that
the disposal site, haul route, or transfer equipment is not available; or
during conditions exceeding design parameters. The owner or operator of the
site shall provide back-up equipment, contact information to obtain the
equipment, and plans to by-pass the site in case of equipment breakdown. The
contingency plan shall be kept updated on-site and shall include site-specific
emergency procedures and contact information in case of emergencies;
(11) additional information for activities or
features that the owner or operator is proposing that are not otherwise
described in this Paragraph, or that the Division may request in writing if it
is necessary to determine compliance with the rules of this
Subchapter;
(12) in addition to the
information required in this Paragraph, sites that are proposing to accept
scrap tires shall also include the information required by Rule .1106(d) of
this Subchapter in the operations plan, if it is not already required to be
submitted by this Rule; and
(13) in
addition to the information required in this Paragraph, sites that are
proposing to accept medical waste shall also include the information required
by Rule .1204(b)(4) of this Subchapter in the operations plan, if it is not
already required to be submitted by this Rule.
(e) The Division shall review all permit
applications in accordance with Rule .0203 of this Subchapter.
(f) Plans and documents submitted in the
permit application in accordance with this Rule shall be incorporated into the
permit and the site shall comply with the permit in accordance with Rule
.0203(d) of this Subchapter.
(g)
Permits issued by the Division for treatment and processing facilities shall be
valid for five years; and shall be subject to the permit fees set forth in
G.S.
130A-295.8.
(h) Modifications to the plans. The owner or
operator may request to modify plans that were incorporated into the permit by
submitting a written request to the Division that includes the modified plan
and a demonstration showing how the proposed modifications comply with the
rules of this Section. The Division shall respond to the request in writing
within the timeline provided in
G.S.
130A-295.8(e); and the
response shall either approve or deny the request as submitted or request that
additional information be submitted for the Division to consider the request.
The Division's approval shall be based on whether the modification complies
with the rules of this Subchapter. If the Division approves the request as
submitted or upon receiving the additional information requested, the
Division's written approval and the revised pages of the plan shall be added to
the site's operating record. The owner or operator shall not implement the
modification until the Division has issued an approval.
(i) Sites that received a permit from the
Division prior to the readopted effective date of this Rule shall comply with
the rules of this Section with the following exceptions:
(1) buildings, structures, and waste handling
areas constructed prior to the readopted effective date of this Rule shall not
be required to comply with Paragraph (a) of this Rule for the permitted
operational boundary of the site existing on the readopted effective date of
this Rule, or any replacements or modifications within that existing permitted
operational boundary; and
(2) if a
building, structure, or waste handling area was constructed prior to the
readopted effective date of this Rule, and is expanded beyond the existing
permitted operational boundary after the readopted effective date of this Rule,
the permitted operational boundary that was existing on the readopted effective
date of this Rule shall not be required to comply with Paragraph (a) of this
Rule, but the expansion areas shall comply with these requirements.
(j) Site buildings, structures,
and waste handling areas that are exempt from the requirements of Paragraph (a)
of this Rule shall continue to comply with any siting and buffer requirements
stated in their permit issued prior to the readoption date of this
Rule.
Authority
G.S.
130A-294;
Eff. April 1,
1982;
Amended Eff. February 1, 1991;
Readopted Eff.
January 1, 2021.