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