15A NCAC 13B .1713      requirements for existing structural fills

(a)  This Rule shall apply to existing structural fills. The definitions found in G.S. 130A-290 and G.S. 130A-309.201 shall apply to this Rule. For the purposes of this Rule, "existing structural fill" shall mean a structural fill in which coal combustion products were placed prior to September 20, 2014 in accordance with the rules of this Subchapter that were effective at the time of placement of the coal combustion products. Prior editions of the rules in this Section can be obtained free of charge from the Division of Waste Management at 217 West Jones Street, Raleigh, NC 27603. This Rule shall not apply to structural fills contracted for on or after September 20, 2014.

(b)  Upon closure, an existing structural fill shall comply with the requirements of G.S. 130A-309.222(a). For the purposes of this Rule, "final cover" as required in G.S. 130A-222(a)(1) shall mean one of the following:

(1)           no less than 12 inches of compacted earth and an additional six inches of soil capable of supporting native plant growth on the surface;

(2)           an impervious surface such as concrete or asphalt; or

(3)           a building or structure that does not allow infiltration of precipitation.

(c)  Following closure, an existing structural fill shall be maintained to comply with the requirements set forth in G.S. 130A-309.220(a)(1), (5), (6), (8), (9) and (11), except that the requirements shall not retroactively apply to the design, construction, development, or operation of an existing structural fill. An existing structural fill is subject to the groundwater quality requirements of 15A NCAC 02L and the surface water quality standards set forth in 15A NCAC 02B.

(d)  Following closure, an existing structural fill shall comply with following:

(1)           the landowner of the property where the existing structural fill is located shall not move or change the property boundaries in a way that reduces the existing 25-foot buffer between the existing structural fill and the property boundaries;

(2)           the landowner of the property where the existing structural fill is located shall maintain the existing 100-foot buffer between the existing structural fill and any sources of drinking water on land under the control of that landowner; and

(3)           final cover as defined in Paragraph (c) of this Rule shall be maintained.

(e)  An existing structural fill shall be recorded in accordance with G.S. 130A-309.223, except that every use of the term "coal combustion residuals" shall be replaced with the term "coal combustion products."

History Note:        Authority G.S. 130A‑294; 130A-309.207; 130A-309.226;

Eff. May 1, 2021.