Current through Register Vol. 38, No. 18, March 15, 2024
(a)
Purpose. As required under Rule .0535 of this Section, the owner or operator
shall prepare a site study that 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 to determine if the
site is suitable for establishing a C&DLF unit because nothing would
prevent the C&DLF unit from being able to be constructed and operated in
accordance with Article 9 of Chapter 130A of the General Statutes, the rules of
this Subchapter, and the Federal Resource Conservation and Recovery Act, as
amended. Following review of the site study, the Division shall notify the
applicant that either:
(1) the site is deemed
suitable for establishing a C&DLF unit and the applicant is authorized to
prepare an application for a permit to construct in accordance with Rule .0535
of this Section and the site-specific conditions and design requirements stated
in the notification, if any; or
(2)
the site is deemed unsuitable for establishing a C&DLF unit and shall
specify the reasons that would prevent the C&DLF unit from being
constructed and operated in accordance with Article 9 of Chapter 130A of the
General Statutes, the rules of this Subchapter, and any applicable federal laws
and regulations.
(b)
Scope. The site shall be the land that is proposed for the landfill facility.
The site study shall present a characterization of the land, incorporating
various investigations and requirements pertinent to suitability of a C&DLF
facility. The scope of the site study shall include criteria associated with
the public health, public welfare, and the environment. The economic
feasibility of a proposed site shall not be within the scope of this study. The
information in the site study shall represent site characteristics and, if
required by G.S. 89C, 89E, or 89F and not under the purview of another licensed
profession, shall be prepared by licensed professional engineers, licensed
geologists, licensed soil scientists, or licensed professional land surveyors.
A C&DLF unit shall comply with the location restrictions set forth in
Subparagraphs (c)(4) through (c)(10) of this Rule. To demonstrate compliance
with specific criteria for each of the respective location restrictions,
documentation or approval by agencies other than the Division of Waste
Management, Solid Waste Section may be required. The scope of demonstrations
including design and construction performance shall be addressed in the site
study.
(c) The site study prepared
for a C&DLF facility shall include the information required by this
Paragraph.
(1) Characterization study. The
site characterization study area includes the landfill facility and a 2000-foot
perimeter measured from the proposed boundary of the landfill facility. The
study shall include an aerial photograph taken within one year of the date the
site study is submitted to the Division, 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
shall identify the following:
(A) the entire
property proposed for the disposal site and any on-site easements;
(B) existing land use and zoning;
(C) the location of residential structures
and schools;
(D) the location of
commercial and industrial buildings, and other potential sources of
contamination;
(E) the location of
potable wells and public water supplies;
(F) historic sites;
(G) state nature and historic
preserves;
(H) the existing
topography and features of the disposal site including: general surface water
drainage patterns and watersheds, 100-year floodplains, perennial and
intermittent streams, rivers, and lakes; and
(I) the classification of the surface water
drainage from landfill site in accordance with
15A NCAC
02B .0300.
(2) Proposed Facility Plan. A conceptual plan
for the development of the facility shall be prepared that includes the
drawings and reports described in Rule .0537(d)(1), (e)(1), (e)(2), and (e)(3)
of this Section.
(3) Site
Hydrogeologic Report. The study shall be prepared in accordance with the
requirements set forth in Rule .0538(a) of this Section.
(4) Floodplain Location Restrictions. A
C&DLF unit shall meet the floodplain requirements of
G.S.
130A-295.6(c)(1) in
accordance with the effective date and applicability requirements of S.L.
2007-550, s. 9.(b). C&DLF units that are not subject to the requirements of
G.S.
130A-295.6(c)(1) shall not
be located in floodplains unless the owners or operators demonstrate that the
unit will not restrict the flow of the flood, reduce the temporary water
storage capacity of the floodplain, or result in the carrying away of solid
waste by flood waters.
(5) Wetlands
Location Restriction. For purposes of this Rule, "wetland" or "wetlands" shall
mean the areas defined in 40
CFR 232.2(r). C&DLF
units shall meet the wetland location restrictions of
G.S.
130A-295.6(c)(2) in
accordance with the effective date and applicability requirements of S.L.
2007-550, s. 9.(b). C&DLF units exempt from
G.S.
130A-295.6(c)(2) shall not
be located in wetlands, unless the owner or operator demonstrates the following
for Division approval.
(A) Where applicable
under Section 404 of the Clean Water Act or G.S. 113A, 130A, or 143, the
presumption that a practicable alternative to the proposed landfill facility is
available which does not involve wetlands is rebutted.
(B) The construction and operation of the
C&DLF unit shall not cause or contribute to violations of any applicable
State water quality standards and shall not violate any applicable toxic
effluent standard or prohibition under Section 307 of the Clean Water
Act.
(C) The construction and
operation of the C&DLF unit 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, or violate any requirement under the Marine Protection,
Research, and Sanctuaries Act of 1972 for the protection of a marine
sanctuary.
(D) The construction and
operation of the C&DLF unit shall not cause or contribute to degradation of
wetlands.
(E) The owner or operator
shall demonstrate the integrity of the C&DLF unit and its ability to
protect ecological resources by addressing the following factors: erosion,
stability, and migration potential of native wetland soils, muds, and deposits
used to support the C&DLF unit; erosion, stability, and migration potential
of dredged and fill materials used to support the C&DLF unit; the volume
and chemical nature of the waste managed in the C&DLF unit; impacts on
fish, wildlife, and other aquatic resources and their habitat from release of
the solid waste; the potential effects of release of waste to the wetland and
the resulting impacts on the environment; and any additional factors to
demonstrate that ecological resources in the wetland are protected to the
extent required under Section 404 of the Clean Water Act and G.S. 113A, 130A,
and 143.
(F) The owner or operator
shall demonstrate that steps have been taken to attempt to achieve no net loss
of wetlands, as defined by acreage and function, by avoiding impacts to
wetlands as required by Parts (A) through (D) of this Subparagraph and
offsetting remaining unavoidable wetland impacts through compensatory
mitigation actions such as restoration of existing degraded wetlands or
creation of man-made wetlands.
(G)
The Division may request additional information if it is necessary to determine
compliance with this Subparagraph.
(6) Unstable Area Location Restrictions.
Owners and operators of C&DLF units proposed for location in an unstable
area shall demonstrate that the C&DLF unit's design ensures that the
integrity of any structural components of the C&DLF unit will not be
disrupted. The owner and operator shall consider the following factors when
determining whether an area is unstable:
(A)
on-site or local soil conditions that may result in differential
settling;
(B) on-site or local
geologic or geomorphologic features; and
(C) on-site or local human-made features or
events, both surface and subsurface.
(7) Cultural Resources Location Restrictions.
A C&DLF unit shall not damage or destroy a property of archaeological or
historical significance which 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 and editions. A letter from the
State Historic Preservation Office within the Department of Natural and
Cultural Resources stating whether the proposed use of the property will impact
properties of archaeological or historical significance shall be included in
the site study.
(8) State Nature
and Historic Preserve Location Restrictions. The location, access, size, and
operation of the C&DLF unit shall not damage, destroy, or degrade any lands
included in the State Nature and Historic Preserve pursuant to
G.S.
143-260.10. A letter from the Natural
Heritage Program Office within the Department of Natural and Cultural Resources
stating whether the proposed use of the property will damage, destroy, or
degrade state nature and historic preserve locations shall be included in the
site study.
(9) Water Supply
Watersheds Location Restrictions.
(A) At the
time that an C&DLF unit receives the first permit approval to construct, a
C&DLF unit 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, or in
watersheds of other water bodies which indicate that no new landfills are
allowed in accordance with
15A NCAC
02B .0200.
(B) A C&DLF unit that proposes to
discharge leachate to surface waters shall obtain a National Pollution
Discharge Elimination System (NPDES) Permit from the Department pursuant to
Section 402 of the United States Clean Water Act.
(C) At the time that a C&DLF unit
receives the first permit approval to construct, an C&DLF unit that
proposes to discharge leachate to surface waters shall not be located within
watersheds classified as WS-II or WS-III, or in watersheds of other water
bodies which indicate that no new discharging landfills are allowed, in
accordance with
15A NCAC
02B .0200.
(10) Endangered and Threatened Species
Location Restrictions. A C&DLF unit 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.
(11) Local government approvals for
C&DLFs.
(A) If the permit applicant is a
unit of local government and the proposed C&DLF unit is located within the
permit applicant's jurisdiction, the approval of the local governing board
shall be required. Approval may be in the form of 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. Prior
to issuance of approval, the jurisdictional local government where the
C&DLF unit is to be located shall hold at least one public meeting to
inform the community of the proposed waste management activities as described
in the proposed facility plan prepared in accordance with Subparagraph (2) of
this Paragraph. The local government where the C&DLF unit is to be located
shall provide a public notice of the meeting at least 30 days prior to the
meeting, shall place the proposed facility plan in a location accessible by the
public, and shall make the location known in the public notice.
(B) A permit applicant other than the unit of
local government with jurisdiction over the proposed C&DLF unit shall
obtain a franchise in accordance with
G.S.
130A-294(b1). A copy of the
franchise shall be submitted to the Division as part of the site study. Prior
to issuance of a franchise, the jurisdictional local government where the
C&DLF unit is to be located shall conduct a public hearing in accordance
with the public notification requirements of
G.S.
130A-294(b1)(3) and in
accordance with the publication and documentation requirements of Parts (C) and
(D) of this Subparagraph.
(C)
Public notice required by this Subparagraph shall be given by publication on
the jurisdictional local government website, publication by a local news
organization, and by other methods that the Division may request, such as
posting in the post office and public places of the municipalities nearest the
site under consideration, or posting on social media or mass mailings, if it is
necessary to give actual notice of the activities to potentially affected
persons. Public notice shall include time, place, and purpose of the meetings
required by this Subparagraph.
(D)
Public notice shall be documented in the site study. A recording or a written
transcript of the meeting, all written material submitted representing
community concerns, and all other written material distributed or used at the
meeting pertaining to the proposed C&DLF unit shall be submitted as part of
the site study.
(E) A letter from
the unit of local government(s) having zoning jurisdiction over the site which
states that the proposal meets all the requirements of the local zoning
ordinance, or that the site is not zoned, shall be submitted to the Division as
part of the site study.