North Carolina Administrative Code
Title 15A - Environmental Quality
Chapter 13 - SOLID WASTE MANAGEMENT
Subchapter B - SOLID WASTE MANAGEMENT
Section .1600 - REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES (MSWLFS)
Section 13B .1603 - GENERAL APPLICATION REQUIREMENTS AND PROCESSING
Universal Citation: 15A NC Admin Code 13B .1603
Current through Register Vol. 38, No. 18, March 15, 2024
(a) An owner or operator of a MSWLF unit or facility shall submit an application document as detailed in Rule .1617 of this Section in accordance with the following criteria and scheduling requirements:
(1) New permit. An applicant for a new permit
as defined by
G.S.
130A-294(a3)(1) shall submit
a site study and subsequently an application for a permit to construct as set
forth in Rule .1617(a) of this Section. The Division shall review all permit
applications in accordance with Rule .0203 of this Subchapter. An application
for a new permit is subject to the application fees set forth in
G.S.
130A-295.8(d2).
(2) Amendment to the permit. The owner or
operator shall submit an application to amend the permit to construct in
accordance with Rule .1617(c) of this Section for the following circumstances:
(A) A subsequent stage of landfill
development. A permit to construct issued in accordance with Paragraph (c) of
this Rule approves the life-of-site development of the MSWLF unit indicated in
the facility plan plus a set of plans, defined in Rule .1604(b)(1) of this
Section as the Division approved plans submitted by the applicant for either
the entire MSWLF unit or a portion of the MSWLF unit. For any subsequent stage
of landfill development that the applicant has not included in the plans
required by Rule .1604(b)(1) of this Section for any prior stage of landfill
development, the owner or operator shall submit the amended permit application
no less than 180 days prior to the date scheduled for commencing
construction.
(B) A change in
ownership or corporate structure of a permitted MSWLF facility in accordance
with G.S.
130A-294(a3)(2)b. The owner
or operator shall notify the Division in writing within 30 days of a change in
ownership or corporate structure in accordance with
G.S.
130A-295.2(g).
(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 Rule .1617(d)
of this Section.
(4) Permit for
Closure and Post-Closure Care. The owner or operator shall submit an
application for a closure and post-closure care permit to the Division when the
facility reaches its final permitted elevations and prior to initiating closure
activities for the final permitted MSWLF unit at the facility in accordance
with Rule .1617(e) of this Section. Owners or operators that closed all MSWLF
units at the facility prior to the readopted effective date of this Rule shall
not be required to submit a permit application for closure and post-closure.
The Division shall issue a permit for closure and post-closure for these
facilities based on the most recent permit application submittal, if a closure
and post-closure permit has not already been issued.
(b) Application format requirements. All applications and plans required by this Section shall be prepared in accordance with the following:
(1) The 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;
(B) contain a statement defining the purpose
of the submittal signed and dated by the applicant;
(C) contain a table of contents or index
outlining the body of the application and the appendices;
(D) be paginated consecutively; and
(E) identify any revised text by noting the
date of revision on the page.
(2) Drawings. The engineering drawings for
all landfill facilities shall be submitted using the following format:
(A) 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; and
(B) maps and drawings shall be prepared at a
scale that illustrates the subject requirements, and that is legible if printed
at a size of 22 inches by 34 inches.
(3) Number of copies. An applicant shall
submit one copy of the application to the Division in an electronic format that
is accessible and viewable by the Division. The Division may request that the
applicant submit up to three paper copies of the application in three-ring
binders.
(c) Permitting and public information procedures.
(1) Purpose
and Applicability.
(A) Purpose. During the
permitting process, the Division shall provide for public review of and input
to permit documents containing the applicable design and operating conditions.
The Division shall provide for consideration of comments received and
notification to the public of the permit design as set forth in Subparagraph
(4) of this Paragraph.
(B)
Applicability. Applications for a new permit as defined in
G.S.
130A-294(a3)(1), or for 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) of this Rule are not subject to the requirements of this
Paragraph.
(2) Draft
Permits.
(A) The Division shall review all
permit applications for compliance with the rules of this Section and Rule
.0203 of this Subchapter. Once an application is complete, the Division shall
either issue a notice of intent to deny the permit to the applicant or prepare
a draft permit.
(B) If the Division
issues a notice of intent to deny the permit to the applicant, the notice shall
include the reasons for permit denial in accordance with Rule .0203(e) of this
Subchapter and
G.S.
130A-294(a)(4)c.
(C) If the Division prepares a draft permit,
the draft permit shall contain all applicable terms and conditions for the
permit.
(D) All draft permits shall
be subject to the procedures of Subparagraphs (3) through (9) of this
Paragraph, unless otherwise specified in those Subparagraphs.
(3) Fact Sheets. The Division
shall prepare a fact sheet for every draft permit, and shall send this fact
sheet to the applicant and post the fact sheet on the Division website. The
fact sheet shall include:
(A) a description
of the type of facility or activity that is the subject of the draft
permit;
(B) a description of the
area to be served, the volume and characteristics of the waste stream, and a
projection of the useful life of the landfill;
(C) a summary of the basis for the draft
permit conditions, including references to statutory or regulatory provisions
and supporting references to the permit application;
(D) the beginning and ending dates of the
comment period under Subparagraph (4) of this Paragraph;
(E) the address where comments will be
received;
(F) the name, phone
number, and e-mail address of a person to contact for additional
information;
(G) the procedures for
requesting a public hearing; and
(H) other procedures by which the public may
provide comments during the comment period under Subparagraph (4) of this
Paragraph, such as social media or a web-based meeting, if the Division or the
applicant elects to use such procedures.
(4) Public Notice of Permit Actions and
Public Hearings.
(A) The Division shall give
public notice of each of the following: a draft permit has been prepared; a
public hearing has been scheduled under Subparagraph (6) of this Paragraph; or
a notice of intent to deny a permit has been prepared under Part (2)(B) of this
Paragraph.
(B) No public notice is
required when a request for a permit modification is denied.
(C) The Division shall give written notice of
denial to the applicant.
(D) Public
notices may describe more than one permit or permit action.
(E) Public notice of the preparation of a
draft permit or a notice of intent to deny a permit shall allow at least 45
days for public comment.
(F) The
Division shall give public notice of a public hearing at least 15 days before
the hearing; and the notice shall contain the date, time, and place of the
public hearing; a description of the nature and purpose of the public hearing,
including the applicable rules and procedures; and a statement of the issues
raised by the persons requesting the hearing. Public notice of the hearing may
be given at the same time as public notice of the draft permit and the two
notices may be combined.
(G) Public
notice of activities described in Part (A) of this Subparagraph shall be given
by publication on the Division website, by posting in the post office and
public places of the municipalities nearest the site under consideration, or
publication by a local news organization. The Division may also provide notice
by posting on other State or local government websites or social media to give
actual notice of the activities to persons potentially affected.
(H) All public notices issued under this
Subparagraph shall contain the name, address and phone number of the office
processing the permit action for which notice is being given; name and address
of the owner and the operator applying for the permit; a 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; a description of the comment procedures required by Subparagraphs (5)
and (6) of this Paragraph, including a statement of procedures to request a
public hearing unless a hearing has already been scheduled, and other
procedures by which the public may participate in the permit decision; the
name, address, and telephone number of the Division contact from whom
interested persons may obtain further information; and a description of the
time frame and procedure for making an approval or disapproval decision of the
application.
(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. The Division shall consider
all comments in making a final permit decision. The Division shall respond to
all comments as provided in Subparagraph (9) of this Paragraph.
(6) Public Hearings.
(A) The Division shall hold a public hearing
on a draft permit(s) when a hearing is requested. The Division may also hold a
public hearing whenever such a hearing might clarify one or more issues
involved in the permit decision. Public hearings held pursuant to this Rule
shall be at a location accessible to the residents of the municipality closest
to the subject facility. Public notice of the hearing shall be given as
specified in Subparagraph (4) of this Paragraph.
(B) Any person may submit oral or written
statements and data concerning the draft permit. The Division may set the time
allowed for oral statements; and may require the submission of statements in
writing. The Division shall extend the public comment period under Subparagraph
(4) of this Paragraph to the close of any public hearing under this
Subparagraph. The Division may also extend the comment period by so stating at
the hearing, when information is presented at the hearing which indicates the
importance of extending the period to receive additional comments, to allow
potential commenters to gather more information, to allow time for submission
of written versions of oral comments made at the hearing, or to allow time for
rebuttals of comments made during the hearing. The Division shall publish the
end date of the extended comment period on the Division's website prior to the
end of the existing public comment period.
(C) The Division shall make available to the
public a recording or written transcript of the hearing upon request.
(7) Reopening of the Public
Comment Period.
(A) In response to data,
information, or arguments received during the public comment period, the
Division may prepare a revised draft permit under Subparagraph (2) of this
Paragraph; prepare revised fact sheet under Subparagraph (3) of this Paragraph,
and reopen or extend the comment period under Subparagraph (4) of this
Paragraph.
(B) Comments filed
during the reopened comment period shall be limited to the information that was
revised in the draft permit following the original comment period. The public
notice shall be in accordance with Subparagraph (4) of this Paragraph and shall
define the scope of the reopening.
(8) Permit Decision.
(A) After the close of the public comment
period under Subparagraph (4) of this Paragraph on a draft permit or a notice
of intent to deny a permit, the Division shall issue a permit decision. The
Division shall notify the applicant and each person who has submitted a written
request for notice of the permit decision. For the purposes of this
Subparagraph, a permit decision means a decision to issue, deny, or modify a
permit in accordance with Paragraph (d) of this Rule.
(B) A permit decision shall become effective
upon the date of the service of notice of the decision unless a later date is
specified in the decision.
(9) Response to Comments.
(A) At the time that a permit decision is
issued under Subparagraph (8) of this Paragraph, the Division shall issue a
response to comments. This response shall specify which provisions, if any, of
the draft permit have been changed in the permit decision, and the reasons for
the change. The response shall also describe and respond to all comments
pertaining to the requirements in the draft permit raised during the public
comment period, or during any public hearing.
(B) The Division shall publish the response
to comments on the Division website upon request.
(d) Permit approval or denial. The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter.
Authority
G.S.
130A-294;
Eff. October 9,
1993;
Readopted Eff. September 16,
2021.
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