Section .0100 - Hazardous Waste

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 13 - solid waste management/subchapter a/subchapter a rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
CHAPTER 13 – SOLID WASTE MANAGEMENT

 

SUBCHAPTER 13A - HAZARDOUS WASTE MANAGEMENT

 

SECTION .0100 - HAZARDOUS WASTE

 

15A NCAC 13A .0101       GENERAL

(a)  The Hazardous Waste Section of the Division of Waste

Management shall administer the hazardous waste management program for the

State of North Carolina.

(b)  In applying the federal requirements incorporated by

reference throughout this Subchapter, the following substitutions or exceptions

shall apply:

(1)           "Department of Environment and Natural

Resources" shall be substituted for "Environmental Protection

Agency" except in 40 CFR 262.51 through 262.54, 262.56, 262.57, and Part

124 where references to the Environmental Protection Agency shall remain

without substitution;

(2)           "Secretary of the Department of

Environment and Natural Resources" shall be substituted for

"Administrator," "Regional Administrator," "Assistant

Administrator" and "Director" except for 40 CFR 262.55 through

262.57, 264.12(a), 268.5, 268.6, 268.42(b), 268.44, and Part 124 where the

references to the Administrator, Regional Administrator, Assistant

Administrator and Director shall remain without substitution.

(c)  In the event that there are inconsistencies or

duplications in the requirements of those Federal rules incorporated by

reference throughout this Subchapter and the State rules set out in this

Subchapter, the provisions incorporated by reference shall prevail except where

the State rules are more stringent.

(d)  40 CFR 260.1 through 260.3 (Subpart A),

"General," are incorporated by reference including subsequent

amendments and editions.

(e)  40 CFR 260.11, "References", is incorporated

by reference including subsequent amendments and editions.

(f)  Copies of all materials in this Subchapter may be

inspected or obtained as follows:

(1)           Persons interested in receiving rule‑making

notices concerning the North Carolina Hazardous Waste Management Rules must

submit a written request to the Hazardous Waste Section, PO Box 29603, Raleigh,

N.C. 27611‑9603.  A check in the amount of fifteen dollars ($15.00) made

payable to The Hazardous Waste Section must be enclosed with each request. 

Upon receipt of each request, individuals shall be placed on a mailing list to

receive notices for one year.

(2)           Material incorporated by reference in the

Federal Register may be obtained from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402 at a cost of seven hundred and

sixty four dollars ($764.00) per year.  Federal Register materials are codified

once a year in the Code of Federal Regulations and may be obtained at the above

address for a cost of: 40 CFR 100‑135 forty two dollars ($42.00), 40 CFR

260‑265 forty seven dollars ($47.00) and 40 CFR 266-299, forty seven

dollars ($47.00), total one hundred thirty six dollars ($136.00).

(3)           The North Carolina Hazardous Waste

Management Rules, including the incorporated by reference materials, may be

obtained from the Hazardous Waste Section at the cost to the Section.

(4)           All material is available for inspection at

the Department of Environment and Natural Resources, Hazardous Waste Section, 401

Oberlin Road, Raleigh, NC.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. September 1, 1979;

Amended Eff. June

1, 1989; June 1, 1988; August 1, 1987; May

1, 1987;

Transferred and Recodified from 10 NCAC 10F .0001 Eff. April

4, 1990;

Amended Eff. October

1, 1993; April 1, 1993; October 1, 1992; December

1, 1991;

Recodified from 15A NCAC 13A .0001 Eff. December 20, 1996;

Amended Eff. August

1, 2004; August 1, 2000; August 1, 1998; August

1, 1997.

15A NCAC 13A .0102       DEFINITIONS

(a)  The definitions

contained in G.S. 130A‑290 apply to this Subchapter.

(b)  40 CFR 260.10

(Subpart B), Definitions, is incorporated by reference, including subsequent

amendments and editions  except that the Definitions for "Disposal",

"Landfill", "Management or hazardous waste management",

"Person", "Sludge", "Storage", and "Treatment"

are defined by G.S. 130A‑290 and are not incorporated by reference and

the definition in 260.10 for "Contained" is not incorporated by

reference.

(c)  The following

definition shall be substituted for "Contained":  "Contained"

means held in a unit (including a land-based unit as defined in this subpart)

that meets the following criteria:

(1)           The

unit is in good condition, with no leaks or other continuing or intermittent

unpermitted releases of the hazardous secondary materials or hazardous

constituents originating from the hazardous secondary materials to the environment,

and is designed, as appropriate for the hazardous secondary materials, to

prevent releases of hazardous secondary materials to the environment.

Unpermitted releases are releases that are not covered by a permit (such as a

permit to discharge to water or air) and may include, but are not limited to,

releases through surface transport by precipitation runoff, releases to soil

and groundwater, windblown dust, fugitive air emissions, and catastrophic unit

failures;

(2)           The

unit is properly labeled or otherwise has a system (such as a log) to

immediately identify the hazardous secondary materials in the unit; and

(3)           The

unit holds hazardous secondary materials that are compatible with other

hazardous secondary materials placed in the unit and is compatible with the

materials used to construct the unit and addresses any potential risks of fires

or explosions.

(4)           Hazardous

secondary materials in units that meet the applicable requirements of 40 CFR

parts 264 or 265 are presumptively contained.

(d)  The following

additional definitions shall apply throughout this Subchapter:

(1)           "Section"

means the Hazardous Waste Section, in the Division of Waste Management,

Department of Environmental Quality.

(2)           The

"Department" means the Department of   Environmental Quality (DEQ).

(3)           "Division"

means the Division of Waste Management (DWM).

(4)           "Long

Term Storage" means the containment of hazardous waste for an indefinite

period of time in a facility designed to be closed with the hazardous waste in

place.

(5)           "Off-site

Recycling Facility" means any facility that receives shipments of

hazardous waste from off-site to be recycled or processed for recycling through

any process conducted at the facility, but does not include any facility owned

or operated by a generator of hazardous waste solely to recycle their own

waste.

 

History

Note:        Authority G.S. 130A 294(c); 150B-21.6;

Eff. September 1, 1979;

Amended Eff. June 1, 1989; June 1, 1988; February 1,

1987; October 1, 1986;

Transferred and Recodified from 10 NCAC 10F .0002 Eff.

April 4, 1990;

Amended Eff. April 1, 1993; October 1, 1990; August 1,

1990;

Recodified from 15A NCAC 13A .0002 Eff. December 20,

1996;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. January 1, 2009;

Amended Eff. July 1, 2010;

Temporary Amendment Eff. December 1, 2015.

 

15A NCAC 13A .0103       PETITIONS PART 260

(a)  All rulemaking petitions for changes in this Subchapter

shall be made in accordance with 15A NCAC 02I .0501.

(b)  In applying the federal requirements incorporated by

reference in this Rule, 15A NCAC 02I .0501 shall be substituted for references

to 40 CFR 260.20.

(c)  40 CFR 260.21 through 260.43 (Subpart C),

"Rulemaking Petitions," are incorporated by reference including

subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. June 1, 1988; May 1, 1987; January 1, 1986;

October 1, 1985;

Transferred and Recodified from 10 NCAC 10F .0028 Eff.

April 4, 1990;

Amended Eff. April 1, 1993; November 1, 199; October 1,

1990;

Recodified from 15A NCAC 13A .0003 Eff. December 20,

1996;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. January 1, 2009;

Amended Eff. July 1, 2010;

Temporary Amendment Eff. December 1, 2015.

 

 

15A NCAC 13A .0104       PUBLIC INFORMATION ‑ PART 2

(a)  The provisions concerning requests for information in

40 CFR 2.100 to 2.121 (Subpart A) are incorporated by reference including

subsequent amendments and editions, except that 40 CFR 2.106(b), 2.112(f), and

2.120 are not incorporated by reference. 

(b)  The following address for the Headquarters Freedom of

Information Operations (1105) is substituted for the address 1200 Pennsylvania

Ave., N.W., Washington, DC 20460 in 40 CFR 2.106(a) and 2.213(a): Division of

Waste Management, 1646 Mail Service Center, Raleigh, NC 27699-1646.

(c)  The provisions concerning confidentiality of business

information in 40 CFR 2.201 to 2.311 (Subpart B) are incorporated by reference

including subsequent amendments and editions, except that 40 CFR 2.209 (b) and

(c), 2.301, 2.302, 2.303, 2.304, 2.306, 2.307, 2.308, 2.309, 2.310 and 2.311

are not incorporated by reference.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. January 1, 1986;

Amended Eff. June 1, 1988;

Transferred and Recodified from 10 NCAC 10F .0040 Eff.

April 4, 1990;

Amended Eff. August 1, 1990;

Recodified from 15A NCAC 13A .0005 Eff. August 30, 1990;

Amended Eff. April 1, 1993; October 1, 1990;

Recodified from 15A NCAC 13A .0004 Eff. December 20,

1996;

Amended Eff. May 1, 2002; August 1, 2000.

 

15A NCAC 13A .0105       GENERAL PROGRAM REQUIREMENTS ‑

PART 124

(a)  40 CFR 124.1 through 124.21 (Subpart A), "General

Program Requirements", are incorporated by reference including subsequent

amendments and editions, except that 40 CFR 124.2(c) is not incorporated by

reference.

(b)  40 CFR 124.31 through 124.33 (Subpart B),

"Specific Procedures Applicable to RCRA Permits", are incorporated by

reference including subsequent amendments and editions, except that 40 CFR

124.31(a), 124.32(a) and 124.33(a) are not incorporated by reference.

(1)           The following shall be substituted for the

provisions of 40 CFR 124.31(a) which are not incorporated by reference:

(A)          Applicability.  The requirements of this section

shall apply to all RCRA part B applications seeking initial permits for

hazardous waste management units and shall also apply to RCRA part B

applications seeking renewal of permits for such units, where the renewal

application is proposing a significant change in facility operations.  For the

purposes of this Section, a "significant change" is any change that

would qualify as a class 3 permit modification under 40 CFR 270.42.

(B)          The requirements of this Section do not apply to

permit modifications under 40 CFR 270.42 or to applications that are submitted

for the sole purpose of conducting post-closure activities or post-closure

activities and corrective action at a facility.

(2)           The following shall be substituted for the

provisions of 40 CFR 124.32(a) which are not incorporated by reference:

(A)          Applicability.  The requirements of this Section

shall apply to all RCRA part B applications seeking initial permits for

hazardous waste management units.

(B)          The requirements of this Section shall apply to RCRA

part B applications seeking renewal of permits for such units under 40 CFR

270.51.

(C)          The requirements of this Section do not apply to

permit modifications under 40 CFR 270.42 or permit applications submitted for

the sole purpose of conducting post-closure activities or post-closure

activities and corrective action at a facility.

(3)           The following shall be substituted for the

provisions of 40 CFR 124.33(a) which are not incorporated by reference: 

Applicability.  The requirements of this Section apply to all applications

seeking RCRA permits for hazardous waste management units.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19,1980;

Amended Eff. February 1, 1988; October 1, 1986; July 1,

1986; July 1, 1985;

Transferred and Recodified from 10 NCAC 10F .0035 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0006 Eff. August 30, 1990;

Amended Eff. April 1, 1993; October 1, 1990;

Recodified from 15A NCAC 13A .0005 Eff. December 20,

1996;

Amended Eff. August 1, 1998.

 

 

 

15A NCAC 13A .0106       IDENTIFICATION AND LISTING OF HAZARDOUS

WASTES - PART 261

(a)  40 CFR 261.1 through 261.9 (Subpart A),

"General", are incorporated by reference including subsequent

amendments and editions. 

(b)  40 CFR 261.10 through 261.11 (Subpart B),

"Criteria for Identifying the Characteristics of Hazardous Waste and for

Listing Hazardous Waste", are incorporated by reference including

subsequent amendments and editions.

(c)  40 CFR 261.20 through 261.24 (Subpart C),

"Characteristics of Hazardous Waste" are incorporated by reference

including subsequent amendments and editions.

(d)  40 CFR 261.30 through 261.37 (Subpart D), "Lists

of Hazardous Wastes" are incorporated by reference including subsequent

amendments and editions. 

(e)  40 CFR 261.38 through 261.41 (Subpart E),

"Exclusions/Exemptions" are incorporated by reference including

subsequent amendments and editions.

(f)  40 CFR 261.140 through 261.151 (Subpart H),

"Financial Requirements for Management of Excluded Hazardous Secondary

Materials" are incorporated by reference including subsequent amendments

and editions.

(g)  40 CFR 261.170 through 261.179 (Subpart I), "Use

and Management of Containers" are incorporated by reference including

subsequent amendments and editions.

(h)  40 CFR 261.190 through 261.200 (Subpart J), "Tank

Systems" are incorporated by reference including subsequent amendments and

editions.

(i)  40 CFR 261.400 through 261.420 (Subpart M), "Emergency

Preparedness and Response for Management of Excluded Hazardous Secondary Materials"

are incorporated by reference including subsequent amendments and editions.

(j)  40 CFR 261.1030 through 261.1049 (Subpart AA),

"Air Emission Standards for Process Vents", are incorporated by

reference including subsequent amendments and editions.

(k)  40 CFR 261.1050 through 261.1079 (Subpart BB),

"Air Emission Standards for Equipment Leaks" are incorporated by

reference including subsequent amendments and editions.

(l)  40 CFR 261.1080 through 261.1090 (Subpart CC),

"Air Emission Standards for Tanks and Containers" are incorporated by

reference including subsequent amendments and editions.

(m)  The Appendices to 40 CFR Part 261 are incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. June 1, 1988; February 1, 1988; December 1,

1987; August 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0029 Eff.

April 4, 1990;

Amended Eff. January 1, 1996; April 1, 1993; February 1,

1992; December 1, 1990;

Recodified From 15A NCAC 13A .0006 Eff. December 20,

1996;

Amended Eff. April 1, 2007; August 1, 2000;

Temporary Amendment Eff. January 1, 2009;

Amended Eff. July 1, 2010;

Temporary Amendment Eff. December 1, 2015.

 

15A NCAC 13A .0107       STDS APPLICABLE TO GENERATORS OF

HAZARDOUS WASTE ‑ PART 262

(a)  40 CFR 262.10 through 262.12 (Subpart A), "General",

are incorporated by reference including subsequent amendments and editions. 

(b)  40 CFR 262.20 through 262.27 (Subpart B), "The

Manifest", are incorporated by reference including subsequent amendments

and editions except that 262.24, 262.25, and 262.26 are not incorporated by

reference. 

(c)  40 CFR 262.30 through 262.34 (Subpart C), "Pre‑Transport

Requirements", are incorporated by reference including subsequent

amendments and editions. 

(d)  40 CFR 262.40 through 262.44 (Subpart D), "Recordkeeping

and Reporting", are incorporated by reference including subsequent

amendments and editions.  In addition, a generator shall keep records of

inspections and results of inspections required by Section 262.34 for at least

three years from the date of the inspection.

(e)  40 CFR 262.50 through 262.58 (Subpart E), "Exports

of Hazardous Waste", are incorporated by reference including subsequent

amendments and editions. 

(f)  40 CFR 262.60 (Subpart F), "Imports of Hazardous

Waste", is incorporated by reference including subsequent amendments and

editions. 

(g)  40 CFR 262.70 (Subpart G), "Farmers" is

incorporated by reference including subsequent amendments and editions.

(h)  40 CFR 262.80 through 262.89 (Subpart H), "Transfrontier

Shipments of Hazardous Waste for Recovery within the OECD", are

incorporated by reference including subsequent amendments and editions, except

that 40 CFR 262.89(e) is not incorporated by reference.

(i)  40 CFR 262.200 through 262.216 (Subpart K), "Alternative

Requirements for Hazardous Waste Determination and Accumulation of Unwanted

Material for Laboratories Owned by Eligible Academic Entities", is

incorporated by reference including subsequent amendments and editions.

(j)The appendix to 40 CFR Part 262 is incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. December 1, 1988; June 1, 1988; August 1,

1987; May 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0030 Eff.

April 4, 1990;

Amended Eff. August 1, 1990;

Recodified from 15A NCAC 13A .0008 Eff. August 30, 1990;

Amended Eff. April 1, 1993; October 1, 1990;

Recodified from 15A NCAC 13A .0007 Eff. December 20,

1996;

Amended Eff. April 1, 2010; November 1, 2007; January 1,

2007; April 1, 2001; August 1, 1998.

 

15A NCAC 13A .0108       STDS APPLICABLE TO TRANSPORTERS OF

HAZARDOUS WASTE - PART 263

(a)  40 CFR 263.10 through 263.12 (Subpart A),

"General", are incorporated by reference including subsequent

amendments and editions.

(b)  40 CFR 263.20 through 263.22 (Subpart B),

"Compliance With the Manifest System and Record keeping", are incorporated

by reference including subsequent amendments and editions.

(c)  Upon discovering a significant manifest discrepancy,

the transporter must attempt to reconcile the discrepancy with the waste

generator (e.g. with telephone conversations).  If the discrepancy is not

resolved within 15 days after receiving the waste, the transporter must

immediately submit to the Department a letter describing the discrepancy and

attempts to reconcile it with a copy of the manifest or shipping paper at

issue.

(d)  Manifest discrepancies are differences between the

quantity or type of hazardous waste designated on the manifest or shipping

paper, and the quantity or type of hazardous waste a transporter actually

transports.  Significant discrepancies in quantity are: for bulk waste,

variations greater than 10 percent in weight; and, for batch waste, any

variation in piece count (e.g. a discrepancy of one drum in a truckload). 

Significant discrepancies in type are obvious differences which can be

discovered by inspection or waste analysis (e.g. waste solvent substituted for

waste acid, or toxic constituents not reported on the manifest or shipping

paper). 

(e)  40 CFR 263.30 through 263.31 (Subpart C),

"Hazardous Waste Discharges", are incorporated by reference including

subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. June 1, 1988; August 1, 1987; May 1, 1987;

October 1, 1986;

Transferred and Recodified from 10 NCAC 10F .0031 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0009 Eff. August 30, 1990;

Amended Eff. April 1, 1993; October 1, 1990;

Recodified from 15A NCAC 13A .0008 Eff. December 20,

1996;

Amended Eff. August 1, 2000.

 

15A NCAC 13A .0109       STANDARDS FOR OWNERS/OPERATORS OF HWTSD

FACILITIES ‑ PART 264

(a)  Any person who treats, stores or disposes of hazardous

waste shall comply with the requirements set forth in this Section.  The

treatment, storage or disposal of hazardous waste is prohibited except as

provided in this Section.

(b)  40 CFR 264.1 through 264.4 (Subpart A),

"General", are incorporated by reference including subsequent

amendments and editions.

(c)  40 CFR 264.10 through 264.19 (Subpart B), "General

Facility Standards", are incorporated by reference including subsequent

amendments and editions.

(d)  40 CFR 264.30 through 264.37 (Subpart C),

"Preparedness and Prevention", are incorporated by reference

including subsequent amendments and editions.

(e)  40 CFR 264.50 through 264.56 (Subpart D),

"Contingency Plan and Emergency Procedures", are incorporated by

reference including subsequent amendments and editions.

(f)  40 CFR 264.70 through 264.77 (Subpart E),

"Manifest System, Recordkeeping, and Reporting", are incorporated by

reference including subsequent amendments and editions.

(g)  40 CFR 264.90 through 264.101 (Subpart F),

"Releases From Solid Waste Management Units", are incorporated by

reference including subsequent amendments and editions. For the purpose of this

incorporation by reference, "January

26, 1983" shall be substituted for "July

26, 1982" contained in 40 CFR 264.90(a)(2).

(h)  40 CFR 264.110 through 264.120 (Subpart G),

"Closure and Post‑Closure", are incorporated by reference

including subsequent amendments and editions.

(i)  40 CFR 264.140 through 264.151 (Subpart H),

"Financial Requirements", are incorporated by reference including

subsequent amendments and editions, except that 40 CFR 264.143(a)(3), (a)(4),

(a)(5), (a)(6), 40 CFR 264.145(a)(3), (a)(4), (a)(5), and 40 CFR 264.151(a)(1),

Section 15 are not incorporated by reference.

(1)           The following shall be substituted for the

provisions of 40 CFR 264.143(a)(3) which were not incorporated by reference:

The owner or operator shall

deposit the full amount of the closure cost estimate at the time the fund is

established.  Within one year of February 1, 1987, an owner or operator using a closure trust fund

established prior to February 1, 1987, shall deposit an amount into the fund so that its

value after this deposit at least equals the amount of the current closure cost

estimate, or shall obtain other financial assurance as specified in this

Section.

(2)           The following shall be substituted for the

provisions of 40 CFR 264.143(a)(6) which were not incorporated by reference:

After the trust fund is

established, whenever the current closure cost estimate changes, the owner or

operator shall compare the new estimate with the trustee's most recent annual

valuation of the trust fund. If the value of the fund is less than the amount

of the new estimate, the owner or operator within 60 days after the change in

the cost estimate, shall either deposit an amount into the fund so that its

value after this deposit at least equals the amount of the current closure cost

estimate, or obtain other financial assurance as specified in this section to

cover the difference.

(3)           The following shall be substituted for the

provisions of 40 CFR 264.145(a)(3) which were not incorporated by reference:

(A)          Except as otherwise provided in Part (i)(3)(B) of

this Rule, the owner or operator shall deposit the full amount of the post‑closure

cost estimate at the time the fund is established.

(B)          If the Department finds that the owner or operator

of an inactive hazardous waste disposal unit cannot provide financial assurance

for post‑closure through any other option (e.g. surety bond, letter of

credit, or corporate guarantee), a plan for annual payments to the trust fund

over the term of the RCRA post‑closure permit may be established by the

Department as a permit condition.

(4)           The following additional requirement shall

apply:

The trustee shall notify the

Department of payment to the trust fund, by certified mail within 10 days following

said payment to the trust fund.  The notice shall contain the name of the

Grantor, the date of payment, the amount of payment, and the current value of

the trust fund.

(j)  40 CFR 264.170 through 264.179 (Subpart I), "Use

and Management of Containers", are incorporated by reference including

subsequent amendments and editions.

(k)  40 CFR 264.190 through 264.200 (Subpart J), "Tank

Systems", are incorporated by reference including subsequent amendments

and editions.

(l)  The following are requirements for Surface

Impoundments:

(1)           40 CFR 264.220 through 264.232 (Subpart K),

"Surface Impoundments", are incorporated by reference including

subsequent amendments and editions.

(2)           The following are additional standards for

surface impoundments:

(A)          The liner system shall consist of at least two

liners;

(B)          Artificial liners shall be equal to or greater than

30 mils in thickness;

(C)          Clayey liners shall be equal to or greater than five

feet in thickness and have a maximum permeability of 1.0 x 10‑7 cm/sec;

(D)          Clayey liner soils shall have the same

characteristics as described in Subparts (r)(4)(B)(ii), (iii), (iv), (vi) and

(vii) of this Rule;

(E)           A leachate collection system shall be constructed

between the upper liner and the bottom liner;

(F)           A leachate detection system shall be constructed

below the bottom liner; and

(G)          Surface impoundments shall be constructed in such a

manner to prevent landsliding, slippage or slumping.

(m)  40 CFR 264.250 through 264.259 (Subpart L), "Waste

Piles", are incorporated by reference including subsequent amendments and

editions.

(n)  40 CFR 264.270 through 264.283 (Subpart M), "Land

Treatment", are incorporated by reference including subsequent amendments

and editions.

(o)  40 CFR 264.300 through 264.317 (Subpart N),

"Landfills", are incorporated by reference including subsequent

amendments and editions.

(p)  A long‑term storage facility shall meet

groundwater protection, closure and post‑closure, and financial

requirements for disposal facilities as specified in Paragraphs (g), (h), and

(i) of this Rule.

(q)  40 CFR 264.340 through 264.351 (Subpart O),

"Incinerators", are incorporated by reference including subsequent

amendments and editions.

(r)  The following are additional location standards for

facilities:

(1)           In addition to the location standards set

forth in 15A NCAC 13A .0109(c), the Department, in determining whether to issue

a permit for a hazardous waste management facility, shall consider the risks

posed by the proximity of the facility to water table levels, flood plains,

water supplies, public water supply watersheds, mines, natural resources such

as wetlands, endangered species habitats, parks, forests, wilderness areas, and

historical sites, and population centers and shall consider whether provision

has been made for buffer zones as required by this Rule.  The Department shall

also consider ground water travel time, soil pH, soil cation exchange capacity,

soil composition and permeability, slope, climate, local land use,

transportation factors such as proximity to waste generators, route, route

safety, and method of transportation, aesthetic factors such as the visibility,

appearance, and noise level of the facility; potential impact on air quality,

existence of seismic activity and cavernous bedrock.  The basis for issuing or

denying the permit are found in 40 CFR 264 as adopted by reference in this

Rule. 

(2)           The following minimum separation distances

shall be required of all hazardous waste management facilities except that

existing facilities shall be required to meet these minimum separation

distances to the maximum extent feasible:

(A)          All hazardous waste management facilities shall be

located at least 0.25 miles from institutions including but not limited to

schools, health care facilities and prisons, unless the owner or operator can

demonstrate that no risks shall be posed by the proximity of the facility.

(B)          All hazardous waste treatment and storage facilities

shall comply with the following separation distances: all hazardous waste shall

be treated and stored a minimum of 50 feet from the property line of the

facility; except that all hazardous waste with ignitable, incompatible or

reactive characteristics shall be treated and stored a minimum of 200 feet from

the property line of the facility if the area adjacent to the facility is zoned

for any use other than industrial or is not zoned.

(C)          All hazardous waste landfills, long‑term

storage facilities, land treatment facilities and surface impoundments, shall

comply with the following separation distances:

(i)            All hazardous waste shall be located a minimum

of 200 feet from the property line of the facility;

(ii)           Each hazardous waste landfill, long‑term

storage or surface impoundment facility shall be constructed so that the bottom

of the facility is 10 feet or more above the historical high ground water

level. The historical high ground water level shall be determined by measuring

the seasonal high ground water levels and predicting the long‑term

maximum high ground water level from published data on similar North Carolina

topographic positions, elevations, geology, and climate; and

(iii)          All hazardous waste shall be located a minimum

of 1,000 feet from the zone of influence of any existing off‑site ground

water well used for drinking water, and outside the zone of influence of any

existing or planned on‑site drinking water well.

(D)          Hazardous waste storage and treatment facilities for

liquid waste that is classified as TC toxic, toxic, or acutely toxic and is

stored or treated in tanks or containers shall not be located:

(i)            in the recharge area of an aquifer which is

designated as an existing sole drinking water source as defined in the Safe

Drinking Water Act, Section .1424(e) [42 U.S.C. 300h‑3(e)] unless an

adequate secondary containment system, as described in 40 CFR 264 as adopted by

reference in this Rule, is constructed, and after consideration of

applicable factors in Subparagraph (r)(3) of this Rule, the owner or operator

can demonstrate no risk to public health;

(ii)           within 200 feet of surface water impoundments

or surface water stream with continuous flow as defined by the United States

Geological Survey;

(iii)          in an area that will allow direct surface or

subsurface discharge to WS‑I, WS‑II or SA waters or a Class III

Reservoir as defined in 15A NCAC 02B .0200 and 15A NCAC 18C .0102;

(iv)          in an area that will allow direct surface or

subsurface discharge to the watershed for a Class I or II Reservoir as defined

in 15A NCAC 18C .0102;

(v)           within 200 feet horizontally of a 100‑year

floodplain elevation;

(vi)          within 200 feet of a seismically active area as

defined in Paragraph (c) of this Rule; and

(vii)         within 200 feet of a mine, cave, or cavernous

bedrock.

(3)           The Department shall

require any hazardous waste management facility to comply with greater separation

distances or other protective measures when

necessary to avoid risks posed by the proximity of the facility to water table

levels, flood plains, water supplies, public water supply watersheds, mines,

natural resources such as wetlands, endangered species habitats, parks,

forests, wilderness areas, and historical sites, and population centers or to

provide a buffer zone as required by this Rule.  The Department shall also require protective measures when necessary to avoid unreasonable risks posed by

the soil pH, soil cation exchange capacity, soil composition and permeability,

climate, transportation factors such as proximity to waste generators, route,

route safety, and method of transportation, aesthetic factors such as the

visibility, appearance, and noise level of the facility, potential impact on

air quality, and the existence of seismic activity and cavernous bedrock.  In

determining whether to require greater separation distances or other protective

measures, the Department shall consider the following factors:

(A)          All proposed hazardous waste activities and

procedures to be associated with the transfer, storage, treatment or disposal

of hazardous waste at the facility;

(B)          The type of hazardous waste to be treated, stored,

or disposed of at the facility;

(C)          The volume of waste to be treated, stored, or

disposed of at the facility;

(D)          Land use issues including the number of permanent

residents in proximity to the facility and their distance from the facility;

(E)           The adequacy of facility design and plans for

containment and control of sudden and non‑sudden accidental events in

combination with adequate off‑site evacuation of potentially adversely

impacted populations;

(F)           Other land use issues including the number of

institutional and commercial structures such as airports and schools in

proximity to the facility, their distance from the facility, and the particular

nature of the activities that take place in those structures;

(G)          The lateral distance and slope from the facility to

surface water supplies or to watersheds draining directly into surface water

supplies;

(H)          The vertical distance, and type of soils and

geologic conditions separating the facility from the water table;

(I)            The direction and rate of flow of ground water

from the sites and the extent and reliability of on‑site and nearby data

concerning seasonal and long‑term groundwater level fluctuations;

(J)            Potential air emissions including rate, direction

of movement, dispersion and exposure, whether from planned or accidental,

uncontrolled releases; and

(K)          Any other relevant factors.

(4)           The following are additional location

standards for landfills, long‑term storage facilities and hazardous waste

surface impoundments:

(A)          A hazardous waste landfill, long‑term storage,

or a surface impoundment facility shall not be located:

(i)            In the recharge area of an aquifer which is an

existing sole drinking water source;

(ii)           Within 200 feet of a surface water stream with

continuous flow as defined by the United States Geological Survey;

(iii)          In an area that will allow direct surface or

subsurface discharge to WS‑I, WS‑II or SA waters or a Class III

Reservoir as defined in 15A NCAC 02B .0200 and 15A NCAC 18C .0102;

(iv)          In an area that will allow direct surface or

subsurface discharge to a watershed for a Class I or II Reservoir as defined in

15A NCAC 18C .0102;

(v)           Within 200 feet horizontally of a 100‑year

flood hazard elevation;

(vi)          Within 200 feet of a seismically active area as

defined in Paragraph (c) of this Rule; and

(vii)         Within 200 feet of a mine, cave or cavernous

bedrock.

(B)          A hazardous waste landfill or long‑term

storage facility shall be located in geologic formations with the following

soil characteristics:

(i)            The depth of the unconsolidated soil materials

shall be equal to or greater than 20 feet;

(ii)           The percentage of fine‑grained soil

material shall be equal to or greater than 30 percent passing through a number

200 sieve;

(iii)          Soil liquid limit shall be equal to or greater

than 30;

(iv)          Soil plasticity index shall be equal to or

greater than 15;

(v)           Soil compacted hydraulic conductivity shall be a

maximum of 1.0 x 10-7 cm/sec;

(vi)          Soil Cation Exchange Capacity shall be equal to

or greater than 5 milliequivalents per 100 grams;

(vii)         Soil Potential Volume Change Index shall be

equal to or less than 4; and

(viii)        Soils shall be underlain by a geologic formation

having a rock quality designation equal to or greater than 75 percent.

(C)          A hazardous waste landfill or long‑term

storage facility shall be located in areas of low to moderate relief to the

extent necessary to prevent landsliding or slippage and slumping.  The site may

be graded to comply with this standard.

(5)           All new hazardous waste impoundments that

close with hazardous waste residues left in place shall comply with the

standards for hazardous waste landfills in Subparagraph (r)(4) of this Rule

unless the applicant can demonstrate that equivalent protection of public

health and environment is afforded by some other standard.

(6)           The owners and operators of all new hazardous

waste management facilities shall construct and maintain a minimum of two

observation wells, one upgradient and one downgradient of the proposed

facility; and shall establish background groundwater concentrations and monitor

annually for all hazardous wastes that the owner or operator proposes to store,

treat, or dispose at the facility.

(7)           The owners and operators of all new

hazardous waste facilities shall demonstrate that the community has had an

opportunity to participate in the siting process by complying with the

following:

(A)          The owners and operators shall hold at least one

public meeting in the county in which the facility is to be located to inform

the community of all hazardous waste management activities including but not

limited to: the hazardous properties of the waste to be managed; the type of

management proposed for the wastes; the mass and volume of the wastes; and the

source of the wastes; and to allow the community to identify specific health,

safety and environmental concerns or problems expressed by the community

related to the hazardous waste activities associated with the facility.  The

owners and operators shall provide a public notice of this meeting at least 30

days prior to the meeting.  Public notice shall be documented in the facility

permit application.  The owners and operators shall submit as part of the

permit application a complete written transcript of the meeting, all written

material submitted that represents community concerns, and all other relevant

written material distributed or used at the meeting.  The written transcript

and other written material submitted or used at the meeting shall be submitted

to the local public library closest to and in the county of the proposed site

with a request that the information be made available to the public.

(B)          For the purposes of this Rule, public notice shall

include: notification of the boards of county commissioners of the county where

the proposed site is to be located and all contiguous counties in North

Carolina; a legal advertisement placed in a newspaper or newspapers serving

those counties; and provision of a news release to at least one newspaper, one

radio station, and one TV station serving these counties.  Public notice shall

include the time, place, and purpose of the meetings required by this Rule.

(C)          No less than 30 days after the first public meeting

transcript is available at the local public library, the owners and operators

shall hold at least one additional public meeting in order to attempt to

resolve community concerns.  The owners and operators shall provide public

notice of this meeting at least 30 days prior to the meeting.  Public notice

shall be documented in the facility permit application.  The owners and

operators shall submit as part of the permit application a complete written

transcript of the meeting, all written material submitted that represents

community concerns, and all other relevant written material distributed or used

at the meeting.

(D)          The application, written transcripts of all public

meetings and any additional material submitted or used at the meetings, and any

additions or corrections to the application, including any responses to notices

of deficiencies shall be submitted to the local library closest to and in the

county of the proposed site, with a request that the information be made

available to the public until the permit decision is made.

(E)           The Department shall consider unresolved community

concerns in the permit review process and impose final permit conditions based

on sound scientific, health, safety, and environmental principles as authorized

by applicable laws or rules.

(s)  40 CFR 264.550 through 264.555 (Subpart S),

"Special Provisions for Cleanup", are incorporated by reference

including subsequent amendments and editions.

(t)  40 CFR 264.570 through 264.575 (Subpart W), "Drip

Pads", are incorporated by reference including subsequent amendments and

editions.

(u)  40 CFR 264.600 through 264.603 (Subpart X),

"Miscellaneous Units", are incorporated by reference including

subsequent amendments and editions.

(v)  40 CFR 264.1030 through 264.1049 (Subpart AA),

"Air Emission Standards for Process Vents", are incorporated by

reference including subsequent amendments and editions.

(w)  40 CFR 264.1050 through 264.1079 (Subpart BB),

"Air Emission Standards for Equipment Leaks", are incorporated by

reference including subsequent amendments and editions.

(x)  40 CFR 264.1080 through 264.1091 (Subpart CC),

"Air Emission Standards for Tanks, Surface Impoundments, and

Containers", are incorporated by reference including subsequent amendments

and editions.

(y)  40 CFR 264.1100 through 264.1102 (Subpart DD),

"Containment Buildings", are incorporated by reference including

subsequent amendments and editions.

(z)  40 CFR 264.1200 through 264.1202 (Subpart EE),

"Hazardous Waste Munitions and Explosives Storage", are incorporated

by reference including subsequent amendments and editions.

(aa)  Appendices to 40 CFR Part 264 are incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. November

1, 1989; June 1, 1989; December 1, 1988; February

1, 1988;

Transferred and Recodified from 10 NCAC 10F .0032 Eff. April

4, 1990;

Amended Eff. August

1, 1990;

Recodified from 15A NCAC 13A .0010 Eff. August

30, 1990;

Amended Eff. July

1, 1995; October 1, 1993; April 1, 1993; October

1, 1992;

Recodified from 15A NCAC 13A .0009 Eff. December 20, 1996;

Amended Eff. August 1, 2004; April

1, 2001; April 1, 1999.

 

15A NCAC 13A .0110       INTERIM STATUS STDS FOR OWNERS‑OP

OF HWTSD FACILITIES ‑ PART 265

(a)  40 CFR 265.1 through 265.4 (Subpart A),

"General", are incorporated by reference including subsequent

amendments and editions.

(b)  40 CFR 265.10 through 265.19 (Subpart B), "General

Facility Standards", are incorporated by reference including subsequent

amendments and editions.

(c)  40 CFR 265.30 through 265.37 (Subpart C),

"Preparedness and Prevention", are incorporated by reference

including subsequent amendments and editions, except that 265.35 is not

incorporated by reference. 

The following shall be substituted for the provisions of

265.35.

Required aisle space:  The owner or operator must maintain

aisle space of at least two feet to allow the unobstructed movement of

personnel, fire prevention equipment, spill control equipment, and

decontamination equipment to any area of facility operation in an emergency. 

(d)  40 CFR 265.50 through 265.56 (Subpart D),

"Contingency Plan and Emergency Procedures", are incorporated by

reference including subsequent amendments and editions.

(e)  40 CFR 265.70 through 265.77 (Subpart E),

"Manifest System, Recordkeeping, and Reporting", are incorporated by

reference including subsequent amendments and editions.

(f)  40 CFR 265.90 through 265.94 (Subpart F), "Ground‑Water

Monitoring", are incorporated by reference including subsequent amendments

and editions.

(g)  40 CFR 265.110 through 265.121 (Subpart G),

"Closure and Post‑Closure", are incorporated by reference

including subsequent amendments and editions.

(h)  40 CFR 265.140 through 265.151 (Subpart H),

"Financial Requirements", are incorporated by reference including

subsequent amendments and editions, except that 40 CFR 265.143(a)(3), (a)(4),

(a)(5), (a)(6), and 40 CFR 265.145(a)(3), (a)(4), (a)(5), are not incorporated

by reference.

(1)           The following shall be substituted for the

provisions of 40 CFR 265.143(a)(3) which were not incorporated by reference: 

The owner or operator shall deposit the full amount of the closure cost

estimate at the time the fund is established.  By November 19, 1981, an owner

or operator using a closure trust fund established prior to November 19, 1980 shall

deposit an amount into the fund so that its value after this deposit at least

equals the amount of the current closure cost estimate, or shall obtain other

financial assurance as specified in this Section.

(2)           The following shall be substituted for the

provisions of 40 CFR 265.143(a)(6) which were not incorporated by reference: 

After the trust fund is established, whenever the current closure cost estimate

changes, the owner or operator shall compare the new estimate with the

trustee's most recent annual valuation of the trust fund.  If the value of the

fund is less than the amount of the new estimate, the owner or operator within

60 days after the change in the cost estimate, shall either deposit an amount

into the fund so that its value after this deposit at least equals the amount

of the current closure cost estimate, or obtain other financial assurance as

specified in this Section to cover the difference; and

(3)           The following shall be substituted for the

provisions of 40 CFR 265.145(a)(3) which were not incorporated by reference:

(A)          Except as otherwise provided in Part (h)(3)(B) of

this Rule, the owner or operator shall deposit the full amount of the post‑closure

cost estimate at the time the fund is established.

(B)          If the Department finds that the owner or operator

of an inactive hazardous waste disposal unit cannot provide financial assurance

for post‑closure through any other option (e.g. surety bond, letter of

credit, or corporate guarantee), a plan for annual payments to the trust fund

during the interim status period shall be established by the Department by use

of an Administrative Order.

(i)  40 CFR 265.170 through 265.178 (Subpart I), "Use

and Management of Containers", are incorporated by reference including

subsequent amendments and editions.  Additionally, the owner or operator shall

keep records and results of required inspections for at least three years from

the date of the inspection.

(j)  40 CFR 265.190 through 265.202 (Subpart J), "Tank

Systems", are incorporated by reference including subsequent amendments

and editions.

(k)  40 CFR 265.220 through 265.231 (Subpart K), "Surface

Impoundments", are incorporated by reference including subsequent

amendments and editions.

(l)  40 CFR 265.250 through 265.260 (Subpart L), "Waste

Piles", are incorporated by reference including subsequent amendments and

editions.

(m)  40 CFR 265.270 through 265.282 (Subpart M), "Land

Treatment", are incorporated by reference including subsequent amendments

and editions.

(n)  40 CFR 265.300 through 265.316 (Subpart N),

"Landfills", are incorporated by reference including subsequent

amendments and editions.

(o)  40 CFR 265.340 through 265.352 (Subpart O),

"Incinerators", are incorporated by reference including subsequent

amendments and editions.

(p)  40 CFR 265.370 through 265.383 (Subpart P),

"Thermal Treatment", are incorporated by reference including subsequent

amendments and editions.

(q)  40 CFR 265.400 through 265.406 (Subpart Q),

"Chemical, Physical, and Biological Treatment", are incorporated by

reference including subsequent amendments and editions.

(r)  40 CFR 265.440 through 265.445 (Subpart W), "Drip

Pads", are incorporated by reference including subsequent amendments and

editions.

(s)  40 CFR 265.1030 through 265.1049 (Subpart AA),

"Air Emission Standards for Process Vents", are incorporated by

reference including subsequent amendments and editions.

(t)  40 CFR 265.1050 through 265.1079 (Subpart BB),

"Air Emission Standards for Equipment Leaks", are incorporated by

reference including subsequent amendments and editions.

(u)  40 CFR 265.1080 through 265.1091 (Subpart CC),

"Air Emission Standards for Tanks, Surface Impoundments, and

Containers", are incorporated by reference including subsequent amendments

and editions.

(v)  40 CFR 265.1100 through 265.1102 (Subpart DD),

"Containment Buildings", are incorporated by reference including

subsequent amendments and editions.

(w)  40 CFR 265.1200 through 265.1202 (Subpart EE),

“Hazardous Waste Munitions and Explosives Storage”, are incorporated by

reference including subsequent amendments and editions.

(x)  Appendices to 40 CFR Part 265 are incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. November 19, 1980;

Amended Eff. June 1, 1989; December 1, 1988; June 1,

1988; February 1, 1988;

Transferred and Recodified from 10 NCAC 10F .0033 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0011 Eff. August 30, 1990;

Amended Eff. July 1, 1995; April 1, 1993; October 1,

1992; February 1, 1992;

Recodified from 15A NCAC 13A .0010 Eff. December 20,

1996;

Amended Eff. November 1, 2005; August 1, 2000; April 1,

1999.

 

15A NCAC 13A .0111       STDS FOR THE MGMT OF SPECIFIC HW/TYPES

HWM FACILITIES ‑ PART 266

(a)  40 CFR 266.20 through 266.23 (Subpart C),

"Recyclable Materials Used in a Manner Constituting Disposal", are

incorporated by reference including subsequent amendments and editions.

(b)  40 CFR 266.70 (Subpart F), "Recyclable Materials

Utilized for Precious Metal Recovery", is incorporated by reference

including subsequent amendments and editions.  Off-site recycling facilities

that receive materials described in 40 CFR 266.70(a) must manage the materials

in accordance with and comply with 40 CFR 262.34(a) as incorporated by

reference in 15A NCAC 13A .0107(c), excluding 262.34(a)(3).  Each container and

tank holding recyclable materials at off-site precious metal recycling

facilities must be labeled or marked with the words, "Recyclable Material".

(c)  40 CFR 266.80 (Subpart G), "Spent Lead-Acid

Batteries Being Reclaimed", is incorporated by reference including

subsequent amendments and editions.

(d)  40 CFR 266.100 through 266.112 (Subpart H),

"Hazardous Waste Burned in Boilers and Industrial Furnaces", are

incorporated by reference including subsequent amendments and editions.

(e)  40 CFR 266.200 through 266.206 (Subpart M),

"Military Munitions", are incorporated by reference including

subsequent amendments and editions. 

(f)  40 CFR 266.210 through 266.360 (Subpart N),

"Conditional Exemption for Low-Level Mixed Waste Storage, Treatment,

Transportation and Disposal", are incorporated by reference including

subsequent amendments and editions.

(g)  Appendices to 40 CFR Part 266 are incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. July 1, 1985;

Amended Eff. June 1, 1990; June 1, 1988; February 1,

1988; December 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0039 Eff. April

4, 1990;

Recodified from 15A NCAC 13A .0012 Eff. August 30, 1990;

Amended Eff. January 1, 1995; April 1, 1993; August 1,

1991; October 1, 1990;

Recodified from 15A NCAC 13A .0011 Eff. December 20,

1996;

Amended Eff. April 1, 2006; April 1, 2003; April 1, 1999;

August 1, 1998.

 

15A NCAC 13A .0112       LAND DISPOSAL RESTRICTIONS ‑ PART

268

(a)  40 CFR 268.1 through 268.14 (Subpart A),

"General", are incorporated by reference including subsequent

amendments and editions.

(b)  40 CFR 268.20 through 268.39 (Subpart C),

"Prohibitions on Land Disposal", are incorporated by reference

including subsequent amendments and editions, except that 40 CFR 268.21 through

268.29 are not incorporated by reference.

(c)  40 CFR 268.40 through 268.49 (Subpart D),

"Treatment Standards", are incorporated by reference including

subsequent amendments and editions.

(d)  40 CFR 268.50 (Subpart E), "Prohibitions on

Storage", is incorporated by reference including subsequent amendments and

editions.

(e)  Appendices to 40 CFR Part 268 are incorporated by

reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c);

150B-21.6;

Eff. August 1, 1987;

Amended Eff. June 1, 1990; June 1, 1989; June 1, 1988;

February 1, 1988;

Transferred and Recodified from 10 NCAC 10F .0042 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0013 Eff. August 30, 1990;

Amended Eff. April 1, 1995; January 1, 1995; April 1,

1993; February 1, 1991;

Recodified from 15A NCAC 13A .0012 Eff. December 20,

1996;

Amended Eff. November 1, 2005; August 1, 2000; August 1,

1998.

 

15A NCAC 13A .0113       THE HAZARDOUS WASTE PERMIT PROGRAM ‑

PART 270

(a)  40 CFR 270.1 through 270.6 (Subpart A), "General

Information", are incorporated by reference including subsequent

amendments and editions.  For the purpose of this incorporation by reference,

"January 26, 1983" shall be substituted for "July 26, 1982"

contained in 40 CFR 270.1(c).

(b)  40 CFR 270.10 through 270.29 (Subpart B), "Permit

Application", are incorporated by reference including subsequent

amendments and editions.

(c)  The following are additional Part B information

requirements for all hazardous waste facilities:

(1)           Description and documentation of the public

meetings as required in 15A NCAC 13A .0109(r)(7);

(2)           A description of the hydrological and

geological properties of the site including flood plains, depth to water table,

ground water travel time, seasonal and long‑term groundwater level

fluctuations, proximity to public water supply watersheds, consolidated rock,

soil pH, soil cation exchange capacity, soil characteristics and composition

and permeability, existence of cavernous bedrock and seismic activity, slope,

mines, climate, location and withdrawal rates of surface water users within the

immediate drainage basin and well water users within a one mile radius of the

facility; water quality information of both surface and groundwater within 1000

feet of the facility, and a description of the local air quality;

(3)           A description of the facility's proximity

to and potential impact on wetlands, endangered species habitats, parks,

forests, wilderness areas, historical sites, mines, and air quality;

(4)           A description of local land use including

residential, industrial, commercial, recreational, agricultural and the

proximity to schools and airports;

(5)           A description of the proximity of the

facility to waste generators and population centers; a description of the

method of waste transportation; the comments of the local community and state

transportation authority on the proposed route, and route safety. Comments shall

include proposed alternative routes and restrictions necessary to protect the

public health;

(6)           A description of facility aesthetic factors

including visibility, appearance, and noise level; and

(7)           A description of any other objective

factors that the Department determines are reasonably related and relevant to

the proper siting and operation of the facility.

(d)  In addition to the specific Part B information

requirements for hazardous waste disposal facilities, owners and operators of

hazardous waste landfills or longterm storage facilities shall provide the

following information:

(1)           Design drawings and specifications of the

leachate collection and removal system;

(2)           Design drawings and specifications of the

artificial impervious liner;

(3)           Design drawings and specifications of the

clay or clay‑like liner below the artificial liner, and a description of

the permeability of the clay or clay‑like liner; and

(4)           A description of how hazardous wastes will

be treated prior to placement in the facility.

(e)  In addition to the specific Part B information

requirements for surface impoundments, owners and operators of surface

impoundments shall provide the following information:

(1)           Design drawings and specifications of the

leachate collection and removal system;

(2)           Design drawings and specifications of all

artificial impervious liners;

(3)           Design drawings and specifications of all

clay or clay‑like liners and a description of the clay or clay‑like

liner; and

(4)           Design drawings and specifications that

show that the facility has been constructed in a manner that will prevent

landsliding, slippage, or slumping.

(f)  40 CFR 270.30 through 270.33 (Subpart C), "Permit

Conditions", are incorporated by reference including subsequent amendments

and editions.

(g)  40 CFR 270.40 through 270.43 (Subpart D), "Changes

to Permit", are incorporated by reference including subsequent amendments

and editions.

(h)  40 CFR 270.50 through 270.51 (Subpart E),

"Expiration and Continuation of Permits", are incorporated by

reference including subsequent amendments and editions.

(i)  40 CFR 270.60 through. 270.68 (Subpart F),

"Special Forms of Permits", are incorporated by reference including

subsequent amendments and editions, except that 40 CFR 270.67 and 270.68 are

not incorporated by reference.

(j)  40 CFR 270.70 through 270.73 (Subpart G), "Interim

Status", are incorporated by reference including subsequent amendments and

editions.  For the purpose of this incorporation by reference, "January 1,

1986" shall be substituted for "November 8, 1985" contained in

40 CFR 270.73(c).

(k)  40 CFR 270.235, (Subpart I), "Integration with

Maximum Achievable Control Technology (MACT) Standards", is incorporated

by reference including subsequent amendments and editions. 

(l)  The following are additional permitting requirements

for hazardous waste facilities.

(1)           An applicant applying for a permit for a

hazardous waste facility shall submit a disclosure statement to the Department

as a part of the application for a permit or any time thereafter specified by

the Department.  The disclosure statement shall be supported by an affidavit

attesting to the truth and completeness of the facts asserted in the statement

and shall include:

(A)          A brief description of the form of the business

(e.g. partnership, sole proprietorship, corporation, association, or other);

(B)          The name and address of any hazardous waste facility

constructed or operated after October 21, 1976 by the applicant or any parent

or subsidiary corporation if the applicant is a corporation; and

(C)          A list identifying any legal action taken against

any facility identified in Part (l)(1)(B) of this Rule involving:

(i)            any administrative ruling or order issued by

any state, federal or local authority relating to revocation of any

environmental or waste management permit or license, or to a violation of any

state or federal statute or local ordinance relating to waste management or

environmental protection;

(ii)           any judicial determination of liability or

conviction under any state or federal law or local ordinance relating to waste

management or environmental protection; and

(iii)          any pending administrative or judicial

proceeding of the type described in this Part.

(D)          The identification of each action described in Part

(l)(1)(C) of this Rule shall include the name and location of the facility that

the action concerns, the agency or court that heard or is hearing the matter,

the title, docket or case number, and the status of the proceeding.

(2)           In addition to the information set forth in

Subparagraph (l)(1) of this Rule, the Department shall require from any

applicant such additional information as it deems necessary to satisfy the

requirements of G.S. 130A‑295.  Such information may include:

(A)          The names, addresses, and titles of all officers, directors,

or partners of the applicant and of any parent or subsidiary corporation if the

applicant is a corporation;

(B)          The name and address of any company in the field of

hazardous waste management in which the applicant business or any of its

officers, directors, or partners, hold an equity interest and the name of the

officer, director, or partner holding such interest; and

(C)          A copy of any administrative ruling or order and of

any judicial determination of liability or conviction described in Part (l)(1)(C)

of this Rule, and a description of any pending administrative or judicial

proceeding in that item.

(3)           If the Department finds that any part or

parts of the disclosure statement is not necessary to satisfy the requirements

of G.S. 130A‑295, such information shall not be required.

(m)  An applicant for a new, or modification to an existing,

commercial facility permit, shall provide a description and justification of

the need for the facility.

(n)  Requirements for Off‑site Recycling Facilities. 

(1)           The permit requirements of 15A NCAC 13A

.0109 apply to owners and operators of off‑site recycling facilities

unless excluded in Subparagraph (2) of Paragraph (n).

(2)           Requirements of 15A NCAC 13A .0113(n)(4),

(5), (6), (7) and (8) do not apply to owners and operators of off-site

recycling facilities that recycle only precious metals as described in 40 CFR

266.70(a), as incorporated by reference in 15A NCAC 13A .0111(b).

(3)           Off-site facilities that recycle precious

metals shall follow the regulations as described in 15A NCAC 13A .0111(b).

(4)           Notwithstanding any other statement of 

applicability, the following provisions of 40 CFR Part 264, as incorporated by

reference, shall apply to owners and operators of off-site recycling facilities

except those excluded in 15A NCAC 13A .0113(n)(2):

(A)          Subpart B ‑ General Facility Standards;

(B)          Subpart C ‑ Preparedness and Prevention;

(C)          Subpart D ‑ Contingency Plan and Emergency

Procedures;

(D)          Subpart E ‑ Manifest System, Recordkeeping and

Reporting;

(E)           Subpart G ‑ Closure and Post‑closure;

(F)           Subpart H ‑ Financial Requirements;

(G)          Subpart I ‑ Use and Management of Containers;

(H)          Subpart J ‑ Tank Systems;

(I)            264.101 ‑ Corrective Action for Solid Waste

Management Units;

(J)            Subpart X ‑ Miscellaneous Units; and

(K)          Subpart DD ‑ Containment Buildings.

(5)           The requirements listed in  Subparagraph

(n)(4) of this Rule apply to the entire off‑site recycling facility,

including all recycling units, staging and process areas, and permanent and

temporary storage areas for wastes.

(6)           The following provisions of 15A NCAC 13A

.0109 shall apply to owners and operators of off‑site recycling

facilities:

(A)          The substitute financial requirements of Rule

.0109(i)(1), (2) and (4); and

(B)          The additional standards of Rule .0109(r)(1), (2),

(3), (6) and (7).

(7)           The owner or operator of an off‑site

recycling facility shall keep a written operating record at his facility.

(8)           The following information must be recorded,

as it becomes available, and maintained in the operating record until closure

of the facility:

(A)          A description and the quantity of each hazardous

waste received, and the method(s) and date(s) of its treatment, storage, or

recycling at the facility;

(B)          The location of all hazardous waste within the

facility and the quantity at each location.  This information must include

cross‑references to specific manifest document numbers if the waste was

accompanied by a manifest; and

(C)          Documentation of the fate of all hazardous wastes

received from off‑site or generated on‑site. This shall include

records of the sale, reuse, off‑site transfer, or disposal of all waste

materials.

(o)  Permit Fees for Commercial Hazardous Waste Facilities.

(1)           An applicant for a permit modification for

a commercial hazardous waste facility shall pay an application fee as follows:

(A)          Class 1 permit modification $100;

(B)          Class 2 permit modification $1,000; or

(C)          Class 3 permit modification $5,000.

Note:  Class 1 permit modifications which do not require

prior approval of the Division Director are excluded from the fee requirement.

(2)           The application fee for a new permit,

permit renewal, or permit modification must accompany the application, and is

non‑refundable.  The application shall be considered incomplete until the

fee is paid.  Checks shall be made payable to: Division of Waste Management.

 

History Note:        Authority G.S. 130A‑294(c);

130A-294.1; 130A‑295(a)(1),(2), (c); 150B-21.6;

Eff. November 19, 1980;

Amended Eff. November 1, 1989; June 1, 1988; February 1,

1988; December 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0034 April

4, 1990;

Amended Eff. August 1, 1990;

Recodified from 15A NCAC 13A .0014 Eff. August 30, 1990;

Amended Eff. April 1, 1993; August 1, 1991; October 1,

1990;

Recodified from 15A NCAC 13A .0013 Eff. December 20, 1996;

Amended Eff. August 1, 2008; April 1, 2006; August 1,

2004; April 1, 2001; August 1, 2000.

 

15A NCAC 13A .0114       REQMNTS/AUTHORIZATION OF STATE HAZARDOUS

WASTE PROG ‑ PART 271

40 CFR 271.17, "Sharing of information", has been

incorporated by reference including subsequent amendments and editions.

 

History Note:        Authority G.S. 130A‑294(c); 150B-21.6;

Eff. January 1, 1986;

Amended Eff. June 1, 1988; December 1, 1987; August 1,

1987; May 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0041 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0015 Eff. August 30, 1990;

Amended Eff. April 1, 1993; October 1, 1990;

Recodified from 15A NCAC 13A .0014 Eff. December 20,

1996.

 

 

 

15A NCAC 13A .0115       ANNUAL REPORTS

 

History Note:        Authority G.S. 130A‑294(c);

Eff. January 1, 1984;

Transferred and Recodified from 10 NCAC 10F .0037 Eff.

April 4, 1990;

Recodified from 15A NCAC 13A .0004 Eff. August 30, 1990;

Repealed Eff. May 1, 1991;

Recodified from 15A NCAC 13A .0015 Eff. December 20,

1996.

 

 

 

15A NCAC 13A .0116       SPECIAL PURPOSE COMMERCIAL HAZARDOUS

WASTE FACILITY

(a)  The Department shall evaluate all commercial hazardous

waste facilities to determine a score for each facility in accordance with

Paragraph (c) of this Rule.

(b)  A commercial hazardous waste facility (other than an

incinerator or a land disposal facility) with a volume of waste of 20,000 tons

or less per year of hazardous waste and having a total score pursuant to

Paragraph (c) of this Rule of equal to or less than 40 is designated as a

special purpose commercial hazardous waste facility.  These facilities shall be

classified as follows:

 

Total Score                                           Category

1-11                                                           

1

Greater than 11-18                                  2

Greater than 18-25                                  3

Greater than 25-32                                  4

Greater than 32-40                                  5

(c)  A score for each facility shall be determined by adding

the total score for Paragraphs (d) through (k) of this Rule and subtracting the

score for Paragraph (l) of this Rule.

(d)  A score shall be assigned for size of the facility by

adding the applicable score for storage and the applicable score for treatment

using Table 1.

 

TABLE 1

Size of Facility                     Constructed

Capacity                                        Score

                                Storage:                                 Less

than 10,000                                                 1

                                (gallons)                                 10,000‑100,000                                                   2

                                                                                Greater

than 100,000                                         3

                                Treatment:                            Less

than 10,000                                                 1

                                (gallons                                  10,000‑100,000                                                   2

                                 per day)                                                Greater

than 100,000                                         3

(e)  A score shall be assigned for type of treatment permitted

by adding the score for each type of treatment being performed by the facility

using Table 2.

 

TABLE 2

Type of Treatment Being Performed 

                                            Score

                                Storage Only                                                                                         1

                                Solvent Recovery                                                                                                2

                                Metal Recovery                                                                                   2

                                Energy Recovery                                                                                 2

                                Fuel Blending                                                                                       2

                                Aqueous Treatment                                                                            3

                                Stabilization                                                                                         2

                                Incineration                                                                                          5

                                Residuals Management                                                                     5

                                Other Treatment                                                                                  2

(f)  A score shall be assigned for the nature of hazardous

waste being treated or stored by adding the score for each type of waste managed

at the facility using Table 3.  However, if the facility is permitted for

storage only and no treatment is performed, the score for the nature of

hazardous waste shall be reduced by one-half for each hazardous waste stream

stored only.

 

TABLE 3

                                Nature of Hazardous Waste

                                (from Annual Report as

listed in the Permit)                                  Score

Corrosive                                                                                               1

Ignitable                                                                                                2

Reactive                                                                                                                3

Toxicity Characteristic                                                                       2

Listed Toxic                                                                                          2

Acute                                                                                                     3

(g)  A score shall be assigned for volume of hazardous waste

by using the applicable score in Table 4.

 

TABLE 4

Volume of Waste (Tons from Annual

Report)                              Score

Less than  2,000                                                                                  1

2,000‑10,000                                                                                        2

10,000‑20,000                                                                                     3

(h)  A score shall be assigned for uniformity, similarity

and lack of diversity of waste streams by using the applicable score in Table

5.

 

TABLE 5

Uniformity, Similarity, Lack of Diversity

of

Waste Streams (Number of EPA Waste

Codes)

As Listed in the Permit                                                                        Score

Less than 5                                                                                           1

5‑75                                                                                                        2

Greater than 75                                                                                    3

(i)  A score shall be assigned for predictability and

treatability of site specific waste streams by using the applicable score in

Table 6.

 

TABLE 6

Predictability and Treatability of

Waste Streams                         Score

Simple Waste Streams and Treatment                                            1

Complex Waste Streams and

Treatment                                       2

(Incompatibles, highly toxic, or

multicoded waste streams).

(j)  A score shall be assigned for compliance history for

the past two years by using the highest applicable score in Table 7.

 

TABLE 7

Compliance History for Past Two

Years                                        Score

Class II Violations                                                                               1

Class I Violations                                                                                2

Penalties                                                                                                3

Injunctions                                                                                           5

(k)  A score shall be assigned for annual changes, which

increase/decrease "sensitive land use" within a ¼ mile radius of the

commercial hazardous waste facility's property boundary by using the applicable

score in Table 8.  Each score shall be added together.  

 

TABLE

8

Changes in "sensitive land

use"                                                                                                        Score

Increases

Greater than 5 percent – less than

10 percent increase in the number of residential              1

housing units as compared to the

baseline.                                                   

Greater than or equal to 10

percent increase in the number of residential housing                2

units as compared to the baseline,

or 30 percent increase in                     

the number of total sensitive land

uses over                 

a period of the previous four years.                

Greater than 50 percent increase

in the number of non-residential sensitive                           1

land uses as compared to the

baseline.          

Decreases

Greater than 5 percent – less than

10 percent decrease in the number of residential             -1

housing units as compared to the

baseline.

Greater than or equal to 10

percent decrease in the number of residential housing               -2

units as compared to the baseline,

or 30 percent decrease  in

the number of total sensitive land

uses over

a period of the previous four years.

Greater than 50 percent decrease

in the number of non-residential sensitive                          -1

land uses as compared to the

baseline.

"Sensitive

land use", as defined in G.S. 130A-295.01(f), includes residential

housing, places of assembly, places of worship, schools, day care providers,

and hospitals.  Sensitive land use does not include retail businesses.

"Baseline",

means:

(1)           for existing "Special Purpose

Commercial Hazardous Waste Facilities" as the January 2008 data collected

from the local government that has planning jurisdiction over the site on which

the facility is located; and

(2)           for new "Special Purpose Commercial

Hazardous Waste Facilities" as the data from the local government that has

planning jurisdiction over the site on which the facility is located collected

in the year in which the facility permit is first issued.

(l)  A score shall be assigned for on-site reclamation by

using the applicable score in Table 9.

 

TABLE 9

Reclamation (Credit Given)                                                                              Score

Pretreatment for Off‑site

Reclamation                                                           1

On‑site Reclamation                                                                                           2

(m)  The information referred to in Paragraphs (c) through

(l) of this Rule shall be determined based on the facility's permit, the

previous year's annual report, and compliance history.  If no annual report was

submitted, quarterly projections of waste volume shall be submitted to the

Department by the facility.  Each facility may be re‑evaluated at any

time new information is received by the Department concerning the factors in

Paragraphs (c) through (l) of this Rule.

(n)  The frequency of inspections at special purpose

commercial hazardous waste facilities shall be determined by the facility's

classification as follows:

 

Category                                               Minimum

Inspections

1                                                              2

per month

2                                                              4

per month

3                                                              6

per month

4                                                              8

per month

5                                                              10

per month

 

History Note:        Authority G.S. 130A‑295.02(j);

Temporary Adoption Eff. February

15, 1991 for a period of 180 days to expire on

August 14, 1991;

ARRC Objection Lodged February 25, 1991;

ARRC Objection Removed March 21, 1991;

Eff. August 1, 1991;

Amended Eff. April 1, 1994;

Recodified from 15A NCAC 13A .0016 Eff. December 20,

1996;

Amended Eff. January 1, 2011.

 

15A NCAC 13A .0117       FEE SCHEDULES

(a)  A commercial hazardous waste storage, treatment, or

disposal facility other than a special purpose facility shall  pay monthly, in

addition to the fees applicable to all hazardous waste storage, treatment, or

disposal facilities as required by G.S. 130A‑294.1, a charge of forty-one

dollars ($41.00) per hour of operation.  The fee shall be paid for any time

when hazardous waste is managed or during periods of maintenance, repair,

testing, or calibration.  Each facility shall submit an operational schedule to

the Department on a quarterly basis.

(b)  A special purpose commercial hazardous waste facility

shall pay monthly, in addition to the fees applicable to all hazardous waste

treatment, storage or disposal facilities as required by G.S. 130A‑294.1,

a charge per ton of hazardous waste received during the previous month and an

additional charge based on the frequency of inspections as noted in the

following schedules: 

(1)           Effective April 1, 2011 to December 31,

2011, three dollars and fifty cents ($3.50) per ton of hazardous waste received

and:

Category                               Fee

1                                              $1,110.00

2                                              $2,220.00

3                                              $3,330.00

4                                              $4,440.00

5                                              $5,550.00

(2)           Effective January 1, 2012 to December 31,

2012, four dollars ($4.00) per ton of hazardous waste received and:

Category                               Fee

1                                              $1,221.00

2                                              $2,442.00

3                                              $3,663.00

4                                              $4,884.00

5                                              $6,105.00

(3)           Effective January 1, 2013, four dollars and

fifty cents ($4.50) per ton of hazardous waste received and:

Category                               Fee

1                                              $1,332.00

2                                              $2,664.00

3                                              $3,996.00

4                                              $5,328.00

5                                              $6,660.00

 

History Note:        Authority G.S. 130A‑295.02(h);

Temporary Adoption Eff. February 15, 1991 for a period of

180 days to expire on August 14, 1991;

ARRC Objection Lodged February 25, 1991;

ARRC Objection Removed March 21, 1991;

Eff. August 1, 1991;

Recodified from 15A NCAC 13A .0017 Eff. December 20,

1996;

Amended Eff. April 1, 2011.

 

15A NCAC 13A .0118       STANDARDS FOR THE MANAGEMENT OF USED OIL

(a)  40 CFR 279.1 (Subpart A), "Definitions", is

incorporated by reference including subsequent amendments and editions, except

that the Definition for "Used Oil" is defined by G.S. 130A‑290(b)

and is not incorporated by reference.

(b)  40 CFR 279.10 through 279.12 (Subpart B),

"Applicability", are incorporated by reference including subsequent

amendments and editions.

(c)  40 CFR 279.20 through 279.24 (Subpart C),

"Standards for Used Oil Generators", are incorporated by reference

including subsequent amendments and editions.

(d)  40 CFR 279.30 through 279.32 (Subpart D),

"Standards for Used Oil Collection Centers and Aggregation Points",

are incorporated by reference including subsequent amendments and editions.

(e)  40 CFR 279.40 through 279.47 (Subpart E),

"Standards for Used Oil Transporter and Transfer Facilities", are

incorporated by reference including subsequent amendments and editions.

(f)  40 CFR 279.50 through 279.59 (Subpart F), "Standards

for Used Oil Processors and Re‑Refiners", are incorporated by

reference including subsequent amendments and editions.

(g)  40 CFR 279.60 through 279.67 (Subpart G),

"Standards for Used Oil Burners Who Burn Off‑Specification Used Oil

for Energy Recovery", are incorporated by reference including subsequent

amendments and editions.

(h)  40 CFR 279.70 through 279.75 (Subpart H),

"Standards for Used Oil Fuel Marketers", are incorporated by

reference including subsequent amendments and editions.

(i)  40 CFR 279.80 through 279.81 (Subpart I),

"Standards for Use as a Dust Suppressant and Disposal of Used Oil"

are incorporated by reference including subsequent amendments and editions.

{Note:  40 CFR 279.82, which addresses used oil as a dust suppressant, is specifically

not incorporated by reference.   See also G.S. 130A‑309.15 for prohibited

acts regarding used oil}.

(j)  Additional State Requirements:

(1)           By July 1 of each year the following

persons shall notify the Department by submitting an annual report listing the

type and quantity of used oil transported, collected, and recycled during the

preceding calendar year, on Department forms:

(A)          Persons transporting more than 500 gallons of used

oil per week over public highways;

(B)          Collection facilities that annually receive more

than 6,000 gallons of used oil excluding the volume of used oil collected from

individuals that change their own personal motor oil;

(C)          Facilities that annually recycle more than 10,000

gallons of used oil; and

(D)          Public used oil collection centers.

(2)           The following persons are not required to

comply with 15A NCAC 13A .0118(j)(1)

(A)          An electric utility that generates used oil which is

reclaimed, recycled, or re‑refined on‑site for use in its

operations; and

(B)          An on‑site burner that burns its own on‑specification

used oil provided that the facility is in compliance with any Air Quality

permit requirements established by the Department.

(3)           An annual fee of twenty five dollars

($25.00) shall be paid by all persons identified in 15A NCAC 13A .0118(j)(1)(A)

through .0118(j)(1)(C) by July 1 of each year.

 

History Note:        Authority G.S. 130A‑294(b),(c);

150B‑21.6;

Eff. October 1, 1993;

Recodified from 15A NCAC 13A .0018 Eff. December 20,

1996;

Amended Eff. August 1, 2000.

 

15A NCAC 13A .0119       STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

- PART 273

(a)  40 CFR 273.1 through 273.9 (Subpart A),

"General" are incorporated by reference including subsequent

amendments and editions.

(b)  40 CFR 273.10 through 273.20 (Subpart B), "Standards

for Small Quantity Handlers of Universal Waste" are incorporated by

reference including subsequent amendments and editions.

(c)  40 CFR 273.30 through 273.40 (Subpart C),

"Standards for Large Quantity Handlers of Universal Waste" are

incorporated by reference including subsequent amendments and editions.

(d)  40 CFR 273.50 through 273.56 (Subpart D),

"Standards for Universal Waste Transporters" are incorporated by

reference including subsequent amendments and editions.

(e)  40 CFR 273.60 through 273.62 (Subpart E),

"Standards for Destination Facilities" are incorporated by reference

including subsequent amendments and editions.

(f)  40 CFR 273.70 (Subpart F), "Import

Requirements" is incorporated by reference including subsequent amendments

and editions.

(g)  40 CFR 273.80 through 273.81 (Subpart G),

"Petitions to include Other Wastes Under 40 CFR Part 273" are

incorporated by reference including subsequent amendments and editions, except

that 40 CFR 273.80(a) and (b), are not incorporated by reference.

(1)           The following shall be substituted for the

provisions of 40 CFR 273.80(a) which were not incorporated by reference:

Any person seeking to add a

hazardous waste or a category of hazardous waste to this Part may petition for

a regulatory amendment under this Subpart and 15A NCAC 24B .0001 and 40 CFR

260.23.

(2)           The following shall be substituted for the

provisions of 40 CFR 273.80(b) which were not incorporated by reference:

To be successful, the petitioner

must demonstrate to the satisfaction of the Administrator that regulation under

the universal waste regulations of 40 CFR Part 273 is:

(A)          appropriate for the waste or category of waste; will

improve management practices for the waste or category of waste; and will

improve implementation of the hazardous waste program;

(B)          the petition must include the information required

by 15A NCAC 24B .0001; and

(C)          the petition shall also address as many of the

factors listed in 40 CFR 273.81 as are appropriate for the waste or waste

category addressed in the petition.

 

History Note:        Authority G.S. 130A-294(c); 150B-21.6;

Eff. January 1, 1996;

Recodified from 15A NCAC 13A .0019 Eff. December 20,

1996;

Amended Eff. April 1, 2001; August 1, 1998.