(a)  All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of in a manner consistent with the requirements of these Rules.  The Division of Solid Waste Management is responsible for the enforcement of these Rules.

(b)  No radioactive waste material shall be collected and transported, stored, treated, processed, disposed of or reclaimed, except as specifically authorized by a radioactive material license issued by the Division of Radiation Protection, DEHNR.

(c)  Solid waste shall be disposed of at a solid waste disposal site in accordance with the Solid Waste Management Act and the Federal Act. Hazardous waste, lead acid batteries, liquid waste, including used oil, regulated medical waste, and any other wastes that may pose a threat to the environment or the public health, as determined by the Division, are prohibited from disposal at a solid waste disposal site.

(d)  The Division has developed a "Procedure and Criteria for Waste Determination" which is used to determine whether a waste is:

(1)           hazardous as defined by 15A NCAC 13A, and

(2)           suitable for disposal at a solid waste management facility.  Information required for evaluation includes the identity of the generator, identity of the waste and how it was generated, and laboratory results indicating the chemical constituency of the waste.  Copies of "Procedure and Criteria for Waste Determination" may be obtained from and inspected at the Division, P.O. Box 27687, Raleigh, N.C. 27611‑7687.  The waste determination procedure shall be used for:

(A)          Waste which is generated outside the population and geographic area which the solid waste management facility is permitted to serve under .0504(1)(g).

(B)          Waste from a transfer facility other than a facility permitted under these Rules.

(C)          Waste generated by a new generator inside the population and geographic area which the Solid Waste Management Facility is permitted to serve if the components of the waste cannot be readily determined otherwise.

(D)          Waste generated through a change in industrial process by an existing generator, provided the components of the waste cannot be readily determined otherwise.

(E)           A load of waste which a sanitary landfill operator suspects may contain materials which the facility is not permitted to receive.

(F)           Requests by a generator interested in transporting waste to an identified solid waste management facility for treatment and processing, transfer or disposal.

(G)          All sludges except sludge from water treatment plants.

(H)          Other wastes deemed appropriate by the Division for testing before transporting to a solid waste management facility.

(e)  No person shall dispose or cause the disposal of solid waste in or on waters in a manner that results in solid waste's entering waters or being deposited upon lands of the state.

(f)  White Goods shall not be disposed of at a solid waste disposal site after January 1, 1991.

(g)  By July 1, 1991, all solid waste management facilities owned and operated by or on behalf of a local government, except facilities which will receive no waste after July 1, 1992, shall install scales and weigh all solid waste when it is received at the facility.

(h)  By July 1, 1991, each local government operating a permitted solid waste management facility shall initiate a solid waste recycling program which shall be designed to achieve the goal of recycling at least 25 percent of the municipal solid waste stream by January 1, 1993, prior to final disposal or incineration at a solid waste disposal facility.

(i)  After January 1, 1998, all active sanitary landfills (except land clearing and inert debris landfills) shall be equipped with liners, leachate collection systems and final cover systems as required in Sections .0500 and .1600 of this Subchapter.


History Note:        Filed as a Temporary Amendment Eff. October 28, 1988, for a Period of 180 Days to Expire on April 26, 1989;

Authority G.S. 130A‑294;

Eff. April 1, 1982;

Amended Eff. October 1, 1995; January 4, 1993; February 1, 1991; September 1, 1990.