This Rule contains definitions for terms that appear throughout the Rules pertaining to Construction and Demolition Landfills, Rules .0531 through .0547 of this Section; additional definitions appear in the specific Rules to which they apply.

(1)           "100-year flood" means a flood that has a one-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on average over a significantly long period.

(2)           "Active life" means the period of operation beginning with the initial receipt of C&D solid waste and ending at completion of closure activities in accordance with Rule .0543 of this Section.

(3)           "Active portion" means that part of a facility or unit(s) that has received or is receiving wastes and that has not been closed in accordance with Rule .0543 of this Section.

(4)           "Aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding ground water.

(5)           "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the C&DLF unit(s), because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.

(6)           "Base liner system" means the liner system installed on the C&DLF unit's foundation to control the flow of leachate.

(7)           "Cap system" means a liner system installed over the C&DLF unit(s) to minimize infiltration of precipitation and contain the wastes.

(8)           "C&D solid waste" means solid waste generated solely from the construction, remodeling, repair, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may be generated by the on-going operations at buildings or structures.

(9)           "Ground water" means water below the land surface in a zone of saturation.

(10)         "Hazardous Waste" means a solid waste as defined in G.S.130A-290 (a)(8). "Hazardous Waste" does not include those solid wastes excluded from regulation pursuant to 40 CFR 261.4, incorporated by reference in 15A NCAC 13A .0106. "Hazardous Waste" does include hazardous waste generated by conditionally exempt small quantity generators as defined in 40 CFR 261.5, incorporated by reference in 15A NCAC 13A .0106.

(11)         "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

(12)         "Karst terranes" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

(13)         "Landfill facility" means all contiguous land and structures, waste management unit(s), other appurtenances, and improvements on the land within the legal description of the site included in or proposed for the Solid Waste Permit.  Existing facilities are those facilities which were permitted by the Division prior to December 31, 2006.  Facilities permitted on or after January 1, 2007 are new facilities.

(14)         "Landfill unit" means a discrete area of land or an excavation that receives a particular type of waste such as C&D, industrial, or municipal solid waste, and is not a land application unit, surface impoundment, injection well, or waste pile, as defined under 40 CFR Part 257. Such a landfill unit may be publicly or privately owned, may be located at a MSWLF, an industrial landfill facility, or other waste management facility.

(15)         "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing C&DLF unit(s).

(16)         "Liner system" means an engineered environmental control system which can incorporate filters, drainage layers, compacted soil liners, geomembrane liners, piping systems, and connected structures.

(17)         "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), S.W. 846.

(18)         "Licensed Geologist" means an individual who is licensed to practice geology in accordance with G.S. 89E.

(19)         "Open burning" means the combustion of any solid waste without:

(a)           control of combustion air to maintain adequate temperature for efficient combustion;

(b)           containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and

(c)           control of the emission of the combustion products.

(20)         "Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a C&DLF unit(s). 

(21)         "Professional Engineer" means an individual who is licensed to practice engineering in accordance with G.S. 89C.

(22)         "Project engineer" means the official representative of the permittee who is licensed to practice engineering in the State of North Carolina, who is responsible for observing, documenting, and certifying that activities related to the quality assurance of the construction of the solid waste management unit conforms to the Division approved plan, the permit to construct and the rules specified in this Section. All certifications must bear the seal and signature of the professional engineer and the date of certification.

(23)         "Registered Land Surveyor" means an individual who is licensed to practice surveying in accordance with G.S. 89C.

(24)         "Run-off" means any rainwater that drains over land from any part of a facility or unit.

(25)         "Run-on" means any rainwater that drains over land onto any part of a facility.

(26)         "Structural components" means liners, leachate collection systems, final covers, run-on or run-off systems, and any other component used in the construction and operation of the C&DLF that is necessary for protection of human health and the environment.  

(27)         "Unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes. 

(28)         "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(29)         "Washout" means the carrying away of solid waste by waters of the base flood.


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

Eff. January 1, 2007.