SECTION .0200 ‑ PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES

 

15A NCAC 13B .0201       PERMIT REQUIRED

(a)  No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).

(b)  No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).

(c)  No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a currently valid permit issued by the Division for the specified type of disposal activity.  It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility.  The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.

(d)  The solid waste management facility permit, except for land clearing and inert debris permits, shall have two parts, as follows:

(1)           A permit approval to construct a solid waste management facility or portion of a facility shall be issued by the Division after site and construction plans have been approved by the Division and it has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A and the applicable rules set forth in this Subchapter, and other applicable state, federal, and local laws.  An applicant shall not clear or grade land or commence construction for a solid waste management facility or a portion thereof until a permit approval to construct has been issued.

(2)           A permit approval to operate a solid waste management facility shall not be issued unless it has been determined that the facility has been constructed in accordance with the construction plans, that any pre-operation conditions of the permit to construct have been met, and that the permit has been recorded, if applicable, in accordance with Rule .0204 of this Section.

(e)  Land clearing and inert debris facilities may be issued a combined permit that includes approval to construct and operate the facility.

(f)  Land clearing and inert debris facilities subject to Rule .0563(1) of this Subchapter may construct and operate after notification as provided for under Rule .0563(2) of this Subchapter.

(g)  All solid waste management facilities shall be operated in conformity with these Rules and shall not create a nuisance, or an unsanitary condition, or a potential public health hazard.

 

History Note:        Authority G.S. 130A-294; S.L. 2015-286, s.4.9;

Eff. April 1, 1982;

Amended Eff. January 4, 1993; February 1, 1991; March 1, 1988;

Temporary Amendment Eff. May 19, 1993 to expire on October 9, 1993 or until the permanent rule becomes effective, whichever is sooner;

Temporary Amendment Expired Eff. October 9, 1993;

Amended Eff. September 1, 2016; August 1, 2008.