15A NCAC 13B .0531      purpose AND APPLICABILITY FOR CONSTRUCTION AND DEMOLITION LANDFILLS

(a)  Purpose. Rules .0531 through .0546 of this Section shall govern the permitting procedures, siting, design, construction, performance standards, operation, closure, and post-closure of all construction and demolition solid waste landfill (C&DLF) facilities and units.

(b)  Applicability. Owners and operators of C&DLF facilities and units shall conform to the requirements of Rules .0531 through .0546 of this Section as follows:

(1)           C&DLF units that stopped receiving waste before June 30, 2008 are exempt from Rules .0531 through .0546 of this Section and shall comply with the solid waste permit and Rule .0510 of this Section.

(2)           C&DLF units permitted after December 31, 2006 shall comply with the requirements of Rules .0531 through .0546 of this Section.

(3)           C&DLF units permitted to operate prior to January 1, 2007 that continued to receive waste on or after June 30, 2008 shall comply with Rules .0531 through .0546 of this Section, except that C&DLF units on top of closed MSWLFs are subject to the corrective action requirements of Rules .1635, .1636, and .1637 of this Subchapter, and the closure and post-closure requirements of Rule .1627 of this Subchapter.

(c)  In addition to the requirements of G.S. 130A-295.3, owners and operators of a C&DLF facility shall comply with local laws, ordinances, rules, regulations, and orders that are applicable to the location and operation of the C&DLF facility, including zoning and property requirements, floodplain requirements, wetland requirements, sedimentation and erosion control requirements, and mining requirements.

(d)  Incorporation by Reference. References to Title 40 of the U.S. Code of Federal Regulations (CFR) in Rules .0531 through .0546 of this Section are incorporated by reference including subsequent amendments or editions, and can be obtained free of charge at the US Government Publishing Office website at www.ecfr.gov.

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

Eff. January 1, 2007;

Readopted Eff. September 16, 2021.