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 .1604 - GENERAL REQUIREMENTS FOR MSWLF FACILITIES
Universal Citation: 15A NC Admin Code 13B .1604
Current through Register Vol. 38, No. 18, March 15, 2024
(a) Permits issued by the Division for MSWLF facilities and units shall be subject to the general requirements set forth in this Rule.
(b) Terms of the Permit. The Solid Waste Management Permit shall incorporate requirements necessary to comply with this Subchapter and the North Carolina Solid Waste Management Act including the provisions of this Paragraph.
(1) Division
Approved Plans. Permits issued after March 9, 1993 shall incorporate the
Division approved plans.
(A) The scope of the
Division approved plans shall include 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 an MSWLF
facility shall be described in the permit and shall include the Facility Plan
required by Rule .1619 of this Section, the Engineering Plan required by Rule
.1620 of this Section, the Construction Quality Assurance Plan required by Rule
.1621 of this Section, the Design Hydrogeologic Report and Monitoring Plans
required by Rule .1623(b) of this Section, the Operation Plan required by Rule
.1625 of this Section, and the Closure and Post-Closure Plan required by Rule
.1629 of this Section.
(2) Permit provisions. All MSWLF facilities
and units shall conform to the specific conditions set forth in the permit and
the following general provisions.
(A) Duty to
Comply. The permittee shall comply with all conditions of the permit.
(B) Duty to Mitigate. In the event of
noncompliance with the permit, the permittee shall minimize the release of
waste, leachate, or contaminants to the environment; and shall prevent adverse
impacts on human health or the environment.
(C) Duty to Provide Information. The
permittee shall furnish to the Division any information which the Division may
request to determine whether cause exists for modifying or suspending the
permit, or to determine compliance with the permit. The permittee shall also
furnish to the Division, upon request, copies of records required to be kept
under the conditions of this permit.
(D) Recordation Procedures. The permittee
shall comply with the requirements of
G.S.
130A-301 for a new permit to be
effective.
(E) Need to Halt or
Reduce Activity. It shall not be a defense for a permittee in an enforcement
action to claim that it would have been necessary to halt or reduce the
permitted activity to maintain compliance with the conditions of the
permit.
(F) Permit Actions. A
permit may be modified, reissued, revoked, suspended, or terminated in
accordance with
G.S.
130A-23. The filing of a request by the
permittee for a permit modification, or a notification of planned changes or
anticipated noncompliance, does not stay any existing permit
condition.
(G) Not Transferable. A
permit for a solid waste management facility is transferable only with prior
approval of the Department in accordance with
G.S.
130A-294(a1).
(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 the
approval. In determining whether to approve construction, the Division shall
consider length of time elapsed since issuance of permit, any changes in
applicable State and federal statutes and rules since issuance of the permit,
and any changes in financial qualifications or environmental compliance status
of the holder of the permit in accordance with
G.S.
130A-295.2 and
G.S.
130A-295.3.
(I) Proper Operation and Maintenance. The
permittee shall at all times operate and maintain all facilities and systems of
treatment and control and related appurtenances which are installed or used by
the permittee in compliance with the conditions of the permit. Proper operation
and maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process controls,
including appropriate quality assurance procedures, in accordance with the
conditions of the permit. 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. The permittee shall allow the
Department to enter the permittee's premises where a regulated unit or activity
is located or conducted, or where records are kept under the conditions of the
permit. The Department shall have access to copy any records required to be
kept under the conditions of the permit. The permittee shall allow the
Department to inspect any facilities, equipment including practices,
operations, or monitoring and control equipment that are required or regulated
by the facility permit or the rules of this Subchapter. The permittee shall
allow the Department to take photographs for documenting items of compliance or
noncompliance at permitted facilities. At the request of the Department, the
permittee shall take such photographs and submit them to the
Department.
(K) Monitoring. Samples
and measurements taken for monitoring shall be representative of the monitored
activity. For the purpose of assuring that monitoring compliance with the
permit or with Chapters 113A, 130A, and 143 of the General Statutes and the
rules adopted under the authority of those General Statutes, the permittee
shall allow the Department to sample or monitor, at any location under the
operation or control of the permittee, any materials, substances, wastes,
leachate, soil, groundwater, surface water, gases, gas condensates, or ambient
air to the extent authorized by Chapters 113A, 130A, and 143 of the General
Statutes and the rules adopted under the authority of those General Statutes.
The Department may allow the permittee to split samples with the Department. If
the Department allows the permittee to split samples, the permittee and the
Department shall collect the samples on a schedule that allows the permittee
and the Department to obtain sample containers and equipment prior to
sampling.
(L) Records. 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. Records of monitoring information shall include: the date, place, and
time of sampling or measurements; the individual(s) who performed the sampling
or measurements; the date(s) analyses were performed; the individual(s) who
performed the analyses; the analytical techniques, methods, and equipment used;
and the results of such analyses.
(M) Reporting Requirements. The permittee
shall give notice to the Division of any planned physical alterations or
additions to the permitted facility prior to making the alterations or
additions. Results of environmental monitoring required in accordance with this
Subchapter shall be reported at the intervals specified in the permit. The
permittee shall give notice to the Division via telephone or e-mail within 24
hours from the time the permittee becomes aware of the circumstances of any
release or discharge outside the liner, collection system or other containment
component, any fire, or explosion from the permitted landfill facility. 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, the
permittee shall submit the corrected facts or information to the
Division.
(N) Survey for
Compliance. Within 60 days of the permittee's receipt of the Division's written
request for a survey, the permittee shall have a survey conducted of active or
closed portions of the facility to determine whether operations are being
conducted in accordance with the approved design and operational plans. The
permittee shall report the results of such survey, including a map produced by
the survey, to the Division within 90 days of receipt of the Division's
request. A survey may be required by the Division if there is reason to believe
that operations are being conducted in a manner that deviates from the plans
included in the effective permit, or no more than once per year as a
verification that operations are being conducted in accordance with the plans
included in the effective permit. If required by G.S. 89C, any survey performed
pursuant to this Part shall be performed by a licensed professional land
surveyor. [Note: The North Carolina Board of Examiners for Engineers and
Surveyors has determined, by resolution dated March 31, 2011 that preparation
of survey pursuant to this Paragraph constitutes practicing surveying under
G.S. 89C.
(O) Additional Solid
Waste Management Facilities. Construction and operation of additional solid
waste management facilities at the landfill facility shall not impede operation
or monitoring of the MSWLF units. Any proposed additional activities shall be
submitted to the Division for review, approval, and permitting, as applicable,
before construction and operation.
Authority
G.S.
130A-294;
Eff. October 9,
1993;
Amended Eff. May 1, 2011;
Readopted Eff.
September 16, 2021.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.