15A NCAC 13B .0564      SITING CRITERIA FOR LCIDLFs

A land clearing and inert debris landfill (site) shall meet the following siting criteria:

(1)           Floodplain Restrictions: A site shall not be located in the 100-year floodplain.

(2)           Cultural Resources Restrictions: A site and site operations shall not damage or destroy a property of archaeological or historical significance that has been listed on the National Register of Historic Places or included on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300.

(3)           State Nature and Historic Preserve Restrictions: A site and site operations shall not have an adverse impact on any component included in the State Nature and Historic Preserve pursuant to G.S. 143-260.10.

(4)           Endangered and Threatened Species Restrictions: A site and site operations shall not jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as amended.

(5)           Clean Water Act Requirements: A site and site operations shall:

(a)           not cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including the National Pollutant Discharge Elimination System (NPDES) requirements pursuant to Section 402 of the Clean Water Act;

(b)           comply with Section 404 of the Clean Water Act; and

(c)           not cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or Statewide water quality management plan that has been approved under Section 208 or 319 of the Clean Water Act.

(6)           Buffer Requirements: A site shall maintain the following buffer requirements:

(a)           50 feet from the waste boundary to waters of the State as defined in G.S. 143-212.

(b)           100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells.

The Division may establish alternative site-specific buffers in the permit conditions if it is necessary for the preservation of public health and the environment.

(7)           The site shall establish and maintain an access road around the waste boundary for access by emergency or fire-fighting vehicles and equipment.

(8)           The site shall have soil available for cover either on site or from on or off site.

(9)           The site and site operations shall comply with 15A NCAC 02L for protection of groundwater quality. The bottom elevation of the waste shall be no less than four feet above the seasonal high groundwater table as defined in Rule .0532 of this Section.

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

Eff. January 4, 1993;

Readopted Eff. January 1, 2021.