CHAPTER 13 – SOLID WASTE MANAGEMENT

SUBCHAPTER 13A - HAZARDOUS WASTE MANAGEMENT

SECTION .0100 - HAZARDOUS WASTE

15A NCAC 13A .0101       GENERAL

(a)  The Hazardous Waste Section of the Division of Waste Management shall administer the hazardous waste management program for the State of North Carolina.

(b)  In applying the federal requirements incorporated by reference throughout this Subchapter, the following substitutions or exceptions shall apply:

(1)           "Department of Environment and Natural Resources" shall be substituted for "Environmental Protection Agency" except in 40 CFR 262.51 through 262.54, 262.56, 262.57, and Part 124 where references to the Environmental Protection Agency shall remain without substitution;

(2)           "Secretary of the Department of Environment and Natural Resources" shall be substituted for "Administrator," "Regional Administrator," "Assistant Administrator" and "Director" except for 40 CFR 262.55 through 262.57, 264.12(a), 268.5, 268.6, 268.42(b), 268.44, and Part 124 where the references to the Administrator, Regional Administrator, Assistant Administrator and Director shall remain without substitution.

(c)  In the event that there are inconsistencies or duplications in the requirements of those Federal rules incorporated by reference throughout this Subchapter and the State rules set out in this Subchapter, the provisions incorporated by reference shall prevail except where the State rules are more stringent.

(d)  40 CFR 260.1 through 260.3 (Subpart A), "General," are incorporated by reference including subsequent amendments and editions.

(e)  40 CFR 260.11, "References", is incorporated by reference including subsequent amendments and editions.

(f)  Copies of all materials in this Subchapter may be inspected or obtained as follows:

(1)           Persons interested in receiving rule‑making notices concerning the North Carolina Hazardous Waste Management Rules must submit a written request to the Hazardous Waste Section, PO Box 29603, Raleigh, N.C. 27611‑9603.  A check in the amount of fifteen dollars ($15.00) made payable to The Hazardous Waste Section must be enclosed with each request.  Upon receipt of each request, individuals shall be placed on a mailing list to receive notices for one year.

(2)           Material incorporated by reference in the Federal Register may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 at a cost of seven hundred and sixty four dollars ($764.00) per year.  Federal Register materials are codified once a year in the Code of Federal Regulations and may be obtained at the above address for a cost of: 40 CFR 100‑135 forty two dollars ($42.00), 40 CFR 260‑265 forty seven dollars ($47.00) and 40 CFR 266-299, forty seven dollars ($47.00), total one hundred thirty six dollars ($136.00).

(3)           The North Carolina Hazardous Waste Management Rules, including the incorporated by reference materials, may be obtained from the Hazardous Waste Section at the cost to the Section.

(4)           All material is available for inspection at the Department of Environment and Natural Resources, Hazardous Waste Section, 401 Oberlin Road, Raleigh, NC.

History Note:        Authority G.S. 130A‑294(c); 150B-21.6;

Eff. September 1, 1979;

Amended Eff. June 1, 1989; June 1, 1988; August 1, 1987; May 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0001 Eff. April 4, 1990;

Amended Eff. October 1, 1993; April 1, 1993; October 1, 1992; December 1, 1991;

Recodified from 15A NCAC 13A .0001 Eff. December 20, 1996;

Amended Eff. August 1, 2004; August 1, 2000; August 1, 1998; August 1, 1997.