Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 13 - solid waste management/subchapter b/15a ncac 13b .0101.html
Published: 2015

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SUBCHAPTER 13B ‑ SOLID WASTE MANAGEMENT

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

Rules .0101 ‑ .0108 of Title 15A Subchapter 13B of the

North Carolina Administrative Code (T15A.13B .0101 ‑ .0108); have been

transferred and recodified from Rules .0101 ‑ .0108 of Title 10

Subchapter 10G of the North Carolina Administrative Code (T10.10G .0101 ‑

.0108), effective April 4, 1990.

 

15A NCAC 13B .0101       DEFINITIONS

The definitions in G.S. 130A‑290 and the following

definitions shall apply throughout this Subchapter:

(1)           "Agricultural Waste" means waste

materials produced from the raising of plants and animals, including animal

manures, bedding, plant stalks, hulls, and vegetable matter.

(2)           "Airport" means public‑use airport

open to the public without prior permission and without restrictions within the

physical capacities of available facilities.

(3)           "Backyard Composting" means the on‑site

composting of yard waste from residential property by the owner or tenant for

non‑commercial use.

(4)           "Blood products" means all bulk blood and

blood products.

(5)           "Cell" means compacted solid waste

completely enveloped by a compacted cover material.

(6)           "Compost" means decomposed, humus‑like

organic matter, free from pathogens, offensive odors, toxins or materials

harmful at the point of end use.  Compost is suitable for use as a soil

conditioner with varying nutrient values.

(7)           "Compost Facility" means a solid waste

facility which utilizes a controlled biological process of degrading non‑hazardous

solid waste.  A facility may include materials processing and hauling

equipment; structures to control drainage; and structures to collect and treat

leachate; and storage areas for the incoming waste, the final products, and

residual materials.

(8)           "Composting" means the controlled decomposition

of organic waste by naturally occurring bacteria, yielding a stable, humus‑like,

pathogen‑free final product resulting in volume reduction of 30 ‑

75 percent.

(9)           "Composting Pad" means a surface, whether

soil or manufactured, where the process of composting takes place, and where

raw and finished materials are stored.

(10)         "Curing" means the final state of

composting, after the majority of the readily metabolized material has been

decomposed, in which the compost material stabilizes and dries.

(11)         "Demolition landfill" means a sanitary

landfill that was limited to receiving stumps, limbs, leaves, concrete, brick,

wood, uncontaminated earth or other solid wastes approved by the Division,

which either ceased operation or was converted to a Land Clearing and Inert

Debris Landfill pursuant to Rule .0563.

(12)         "Division" means the Director of the

Division of Waste Management or the Director's authorized representative.

(13)         "Erosion control measure, structure, or

device" means physical devices constructed, and management practices

utilized, to control sedimentation and soil erosion such as silt fences,

sediment basins, check dams, channels, swales, energy dissipation pads,

seeding, mulching and other similar items.

(14)         "Explosive gas" means Methane (CH4).

(15)         "Federal act" means the Resource

Conservation and Recovery Act of 1976, P.L. 94‑580, as amended.

(16)         "Floodplain" means the lowland and

relatively flat areas adjoining inland and coastal waters, including flood‑prone

areas of offshore islands, which are inundated by the 100‑year flood.

(17)         "Foreign Matter" means metals, glass,

plastics, rubber, bones, and leather, but does not include sand, grit, rocks or

other similar materials.

(18)         "Hazardous waste landfill facility" means

any facility or any portion of a facility for disposal of hazardous waste on or

in land in accordance with rules promulgated under this article.

(19)         "Incineration" means the process of

burning solid, semi‑solid or gaseous combustible wastes to an inoffensive

gas and a residue containing little or no combustible material.

(20)         "Industrial Process Waste" means any

solid, semi‑solid, or liquid waste generated by a manufacturing or

processing plant which is a result of the manufacturing or processing process. 

This definition does not include packaging materials associated with such

activities.

(21)         "Industrial Solid Waste Landfill" means a

facility for the land disposal of "industrial solid waste" as defined

in Item (11) of Rule .1602 of this Subchapter, and is not a land application

unit, surface impoundment, injection well, or waste pile, as defined under 40

CFR Part 257.

(22)         "Land clearing and inert debris landfill"

means a facility for the land disposal of land clearing waste, concrete, brick,

concrete block, uncontaminated soil, gravel and rock, untreated and unpainted

wood, and yard trash.

(23)         "Land clearing waste" means solid waste

which is generated solely from land clearing activities such as stumps, trees,

limbs, brush, grass, and other naturally occurring vegetative material.

(24)         "Leachate" means any liquid, including any

suspended components in liquid, that has percolated through or drained from

solid waste.

(25)         "Lower explosive limit" means the lowest

percent by volume of a mixture of explosive gases which will propagate a flame

in air at 25 degrees Celsius and atmospheric pressure.

(26)         "Microbiological wastes" means and

includes cultures and stocks of etiologic agents.  The term includes cultures

of specimens from medical, pathological, pharmaceutical, research, commercial,

and industrial laboratories.

(27)         "Mulch" means a protective covering of

various substances, especially organic, to which no plant food has been added

and for which no plant food is claimed.  Mulch is generally placed around

plants to prevent erosion, compaction, evaporation of moisture, freezing of

roots, and weed growth.

(28)         "One‑hundred year flood" means a

flood that has a one percent or less chance of recurring in any year or a flood

of a magnitude equaled or exceeded once in 100 years on the average over a

significantly long period.

(29)         "Open burning" means any fire wherein the

products of combustion are emitted directly into the outdoor atmosphere and are

not directed thereto through a stack or chimney, incinerator, or other similar

devices.

(30)         "Pathogens" means organisms that are

capable of producing infection or diseases, often found in waste materials.

(31)         "Pathological wastes" means and includes

human tissues, organs, body parts, secretions and excretions, blood and body fluids

that are removed during surgery and autopsies; and the carcasses and body parts

of all animals that were exposed to pathogens in research, were used in the

production of biologicals or in the in vivo testing of pharmaceuticals, or that

died of known or suspected infectious disease.

(32)         "Putrescible" means solid waste capable of

being decomposed by microorganisms with sufficient rapidity as to cause

nuisances from odors and gases, such as kitchen wastes, offal and carcasses.

(33)         "Radioactive waste material" means any

waste containing radioactive material as defined in G.S. 104E‑5(14).

(34)         "Regulated Medical Waste" means blood and

body fluids in individual containers in volumes greater than 20 ml,

microbiological waste, and pathological waste that have not been treated

pursuant to Rule .1207 of this Subchapter.

(35)         "Residues from Agricultural Products and

Processing" means solids, semi‑solids or liquid residues from food

and beverage processing and handling; silviculture; agriculture; and

aquaculture operations that are non‑toxic, non‑hazardous, and

contain no domestic wastewater.

(36)         "Respondent" means the person against whom

an administrative penalty has been assessed.

(37)         "Runoff" means the portion of

precipitation that drains from an area as surface flow.

(38)         "Sediment" means solid particulate matter

both mineral and organic, that has been or is being transported by water, air,

gravity, or ice from its site of origin.

(39)         "Sharps" means and includes needles,

syringes, and scalpel blades.

(40)         "Siltation" means sediment resulting from

accelerated erosion which is settleable or removable by properly designed,

constructed, and maintained control measures and which has been transported

from its point of origin within the site land‑disturbing activity and

which has been deposited, or is in suspension in water.

(41)         "Silviculture Waste" means waste materials

produced from the care and cultivation of forest trees, including bark and

woodchips.

(42)         "Soil Group I" means soil group I as

defined in 15A NCAC 13B .0807(a)(1)(A) of the Septage Management Rules.

(43)         "Soil Scientist" means an individual who

is a North Carolina Licensed Soil Scientist, a Certified Professional Soil

Scientist or Soil Specialist by American Registry of Certified Professional in

Agronomy, Crops, and Soils (ARCPACS) or an individual that demonstrates

equivalent experience or education.

(44)         "Solid waste collector" means any person

who collects or transports solid waste by whatever means, including but not

limited to, highway, rail, and navigable waterway.

(45)         "Solid waste generator" means any person

who produces solid waste.

(46)         "Spoiled food" means any food which has

been removed from sale by the United States Department of Agriculture, North

Carolina Department of Agriculture, Food and Drug Administration, or any other

regulatory agency having jurisdiction in determining that food is unfit for

consumption.

(47)         "Steam sterilization" means treatment by

steam at high temperatures for sufficient time to render infectious waste non‑infectious.

(48)         "Transfer facility" means a permanent

structure with mechanical equipment used for the collection or compaction of

solid waste prior to the transportation of solid waste for final disposal.

(49)         "Treatment and processing facility" means

a facility used in the treatment and processing of solid waste for final

disposal or for utilization by reclaiming or recycling.

(50)         "Vector" means a carrier, usually an

arthropod, that is capable of transmitting a pathogen from one organism to

another.

(51)         "Water supply watershed" means an area

from which water drains to a point or impoundment, and the water is then used

as a source for a public water supply.

(52)         "Water table" means the upper limit of the

portion of the ground wholly saturated with water.

(53)         "Windrow" means an elongated compost pile

(typically eight feet wide by ten feet high).

(54)         "Working face" means that portion of the

land disposal site where solid wastes are discharged, spread, and compacted

prior to the placement of cover material.

(55)         "Yard trash" means solid waste resulting

from landscaping and yard maintenance such as brush, grass, tree limbs, and

similar vegetative material.

(56)         "Yard Waste" means "Yard Trash"

and "Land‑clearing Debris" as defined in G.S. 130A‑290,

including stumps, limbs, leaves, grass, and untreated wood.

 

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

Eff. April 1, 1982;

Amended Eff. August 1, 2008; October 1, 1995; January 4,

1993; December 1, 1991; February 1, 1991.