(a)  The owner or operator of a land clearing and inert debris landfill (site) shall implement the closure of the site in accordance with this Rule and the closure and post-closure plans incorporated into the permit in accordance with Rule .0565(d) of this Section. The owner or operator shall notify the Division no less than 90 days prior to the expected closure of the site.

(b)  Closure Requirements.

(1)           The owner or operator of a site shall begin closure activities no later than 30 days after the final receipt of wastes. Closure activities shall include the following:

(A)          covering the disposal area with no less than one foot of soil cover sloped to direct the flow of surface water from the landfill;

(B)          stabilizing the soil cover with vegetative ground cover or other stabilizing material; and

(C)          any closure activities included in the closure and post-closure plan incorporated into the permit.

(2)           The owner or operator of a site shall complete the closure activities within 120 days after beginning the closure activities as specified in Subparagraph (1) of this Paragraph.

(3)           Within 30 days of completion of closure of the site, the owner or operator shall submit to the Division a certification verifying that closure has been completed in accordance with this Rule. If required by G.S. 89C, the certification shall be completed by a licensed professional engineer.

(4)           When a site has been closed in accordance with this Rule, the permit is terminated. Any future solid waste management or disposal at the site shall require a new permit.

(c)  Post-Closure Care Requirements.

(1)           Following closure of the site, the owner or operator shall conduct post-closure care in accordance with the closure and post-closure care plan incorporated into the permit and the following requirements:

(A)          maintenance of the cap system, including making repairs to the cover to correct the effects of settlement, subsidence, erosion, or other events, and preventing surface water run-on and run-off from eroding or otherwise damaging the cap system;

(B)          maintenance of the vegetative cover of the cap, and ensuring that trees and other woody vegetation do not become established on the cap;

(C)          maintenance of vehicle and fire-fighting lanes to allow access to the entire waste boundary of the site;

(D)          groundwater, surface water, and explosive gas monitoring in accordance with the closure and post closure care plan, if it is required by the Division to determine compliance with Rule .0566(11) or (13) of this Section;

(E)           maintenance of the operating record by the owner or operator. The operating record shall be made available to the Division for inspection upon request during the post-closure care period; and

(F)           any additional actions that the Division may request in writing if the Division determines that the actions are necessary to correct any condition that may be injurious to the public health or a nuisance to the community. In making this determination, the Division shall consider the compliance history of the site, the circumstances and use of properties adjacent to the site, the use of groundwater and surface water downgradient of the site, and any groundwater, surface water, and explosive gas monitoring results.

(2)           Property lines shall not be altered to result in reduction of the buffer areas set forth in Rule .0564(6) of this Section or stated in the site permit.

(3)           The buffer areas set forth in Rule .0564(6) of this Section or stated in the site permit shall not be developed or utilized for residential, commercial, industrial, or institutional purposes, including above-ground or below-ground construction or improvements such as utilities, roads, parking lots, and sidewalks.

(4)           Post-closure care shall be conducted for 10 years.


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

Eff. January 1, 2021.