The owner or operator of any MSWLF unit shall maintain and operate the facility in accordance with the requirements set forth in this Rule and the operation plan as described in Rule .1625 of this Section.

(1)           Waste Acceptance and Disposal Requirements.

(a)           A MSWLF shall accept only those solid wastes that it is permitted to receive. The landfill owner or operator shall notify the Division within 24 hours of attempted disposal of any waste the MSWLF is not permitted to receive, including waste from outside the area the MSWLF is permitted to serve.

(b)           The following wastes are prohibited from disposal at a MSWLF unit:

(i)            hazardous waste, including hazardous waste from very small quantity generators as defined by 40 CFR 260.10, incorporated by reference at 15A NCAC 13A .0102(b);

(ii)           polychlorinated biphenyl (PCB) wastes as defined in 40 CFR 761.3; and

(iii)          liquid wastes unless they are managed in accordance with Item (9) of this Rule.

(c)           Spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other animal waste delivered to the disposal site shall be covered upon receipt.

(d)           Asbestos waste shall be managed in accordance with 40 CFR 61(M). Asbestos waste shall be covered upon receipt, with soil or compacted waste to prevent airborne conditions. Asbestos waste shall be disposed of using methods that prevent unintended exposure of asbestos by future land-disturbing activities, such as disposal in a marked area separate and apart from other solid wastes, or recording the latitude and longitude coordinates of the asbestos area within the existing landfill footprint. The disposal methods shall be described in the operations plan required by Rule .1625 of this Section.

(e)           Wastewater treatment sludges may only be accepted for disposal in accordance with the following conditions:

(i)            if it is used as a soil conditioner and incorporated into or applied onto the vegetative growth layer at no more than six inches in depth; or

(ii)           if it is being co-disposed if the facility meets all design requirements contained within Rule .1624 of this Section, and approved within the permit, or has been previously approved as a permit condition.

(f)            Owners or operators of MSWLF units shall develop and implement a waste screening plan as required by G.S. 130A-295.6(g) in accordance with the effective date and applicability requirements of S.L. 2007-550, s. 9.(b). The plan shall comply with 40 CFR 258.20 and shall include screening for the wastes prohibited by Sub-Item (1)(b) of this Rule. Owners and operators of MSWLF units that are not subject to G.S. 130A-295.6(g) shall develop and implement a waste screening plan that shall comply with 40 CFR 258.20 and shall include screening and a contingency plan for the wastes prohibited by Sub-Item (1)(b) of this Rule.

(g)           Waste placement at MSWLF units shall be within the areal limits of the base liner system and in compliance with the effective permit.

(2)           Compaction and cover material requirements. Solid waste shall be managed within the disposal area throughout the life-of-site and post-closure care period to prevent the escape of waste and the attraction of vectors and scavenging, and to minimize fires and the generation of odors. The owner or operator shall comply with this requirement using the following compaction and cover procedures:

(a)           The owner or operator shall compact the solid waste.

(b)           Except as provided in Sub-Item (c) of this Item, the owners or operators of all MSWLF units shall cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary to prevent the escape of waste and the attraction of vectors and scavenging, and to minimize fires and the generation of odors.

(c)           Alternative materials or an alternative thickness of cover (other than at least six inches of earthen material) are allowed with prior approval of the Division if the owner or operator demonstrates that the alternative material or thickness prevents the escape of waste and the attraction of vectors and scavenging, and minimizes fires and the generation of odors without presenting a threat to human health and the environment, in accordance with 40 CFR 258.21. Alternative materials that have been approved for use at any MSWLF by the Division may be used at all MSWLFs in accordance with G.S. 130A-295.6(h1).

(d)           Areas that will not have additional wastes placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with a no less than one foot of intermediate cover.

(3)           Vector control. Owners or operators of all MSWLF units shall prevent or control on-site populations of vectors.

(4)           Explosive gases control.

(a)           Owners or operators of MSWLF units shall ensure that:

(i)            the concentration of explosive gases generated by the facility does not exceed 25 percent of the lower explosive limit in on-site facility structures, excluding gas control or recovery system components; and

(ii)           the concentration of explosive gases does not exceed the lower explosive limit at the facility property boundary.

(b)           Owners or operators of MSWLF units shall implement a routine landfill gas monitoring program to ensure that the standards of Sub-item (a) of this Item are met as follows:

(i)            The type of monitoring shall be determined based on soil conditions, the hydrogeologic conditions surrounding the facility, the hydraulic conditions surrounding the facility, and the location of facility structures and property boundaries.

(ii)           The concentration of methane in landfill gas shall be monitored. The monitoring shall be conducted at a frequency of no less than quarterly.

(iii)          The Division may also require quarterly monitoring of landfill gas for explosive gases other than methane, such as hydrogen sulfide, if it is necessary to ensure compliance with Sub-item (a) of this Item. If the Division requires monitoring of additional explosive gases, the Division shall provide written notice to the facility of the requirement.

(c)           If explosive gas levels exceeding the limits specified in Sub-item (a) of this Item are detected, the owner or operator shall:

(i)            upon discovery of detection, notify the Division and take any steps that may be necessary to ensure protection of human health, such as evacuation or monitoring of offsite structures for explosive gases;

(ii)           within seven days of detection, place in the operating record the explosive gas levels detected and a description of the steps taken to protect human health; and

(iii)          within 60 days of detection, implement a remediation plan for the explosive gas releases, place a copy of the plan in the operating record, and notify the Division that the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.

(d)           The owner or operator may submit a request in writing to the Division for an extension or alternate schedule for compliance with Sub-Item (c)(ii) and (iii) of this Item, and the request shall include a justification for the alternate schedule. In making the determination on approval of the request, the Division shall consider the following factors:

(i)            the justification submitted by the owner or operator;

(ii)           actions taken by the owner or operator upon discovery of the exceedances;

(iii)          the explosive gas levels measured and reported; and

(iv)          the circumstances and use of properties surrounding the facility.

(5)           Air Criteria and Fire Control.

(a)           Owners or operators of MSWLF units shall ensure that the units do not violate any applicable requirements developed under a State Implementation Plan (SIP) approved or promulgated by the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act, as amended.

(b)           Open burning, as defined in 15A NCAC 02D .1900, of solid waste, except for the approved burning of land clearing debris generated on site or debris from emergency clean-up operations, as provided for in 40 CFR 258.24, is prohibited at all MSWLF facilities. Prior to any burning, a request shall be sent to the Division for review. The Division shall approve the burning if the Division determines that the burning is one of the two types of burning described in this Sub-Item. A notation of the date of approval and the name of the Division personnel who approved the burning shall be included in the operating record.

(c)           MSWLF units shall maintain equipment on site to control accidental fires and arrangements shall be made with the local fire protection agency to provide fire-fighting services.

(d)           Fires and explosions that occur at a MSWLF require verbal notice to the Division within 24 hours and written notification within 15 days. Written notification shall include the suspected cause of fire or explosion, the response taken to manage the incident, and the action(s) to be taken to prevent the future occurrence of fire or explosion.

(6)           Access and safety requirements.

(a)           The MSWLF shall be secured to prevent unauthorized entry by means such as gates, chains, berms, fences, or natural barriers such as rivers.

(b)           In accordance with G.S. 130A-309.25, an individual trained in landfill operations shall be on duty at the site while the MSWLF is open for public use and at all times during active waste management operations at the MSWLF to ensure compliance with operational requirements.

(c)           The access road to the MSWLF shall be of all-weather construction and maintained to allow access by Department vehicles or vehicles containing waste. The access roads or paths to monitoring locations shall be maintained to allow access by the Department.

(d)           Fugitive dust emissions generated by site operations shall comply with 15A NCAC 02D .0540.

(e)           Signs providing information on disposal procedures, the hours during which the site is open for public use, the permit number, and any information specified in the permit conditions to be included on the sign shall be posted at the site entrance.

(f)            Signs shall be posted stating the types of waste that shall not be accepted at the MSWLF unit, such as hazardous waste or liquid waste.

(g)           Traffic signs or markers shall be provided to direct traffic to and from the discharge area to minimize traffic congestion.

(h)           The removal of solid waste from a MSWLF is prohibited unless the owner or operator approves and the removal is not performed on the working face.

(i)            Barrels and drums shall not be disposed of unless they are empty and perforated so that no liquid or hazardous waste can be contained therein, except fiber drums containing asbestos.

(7)           Erosion and sedimentation control requirements. Erosion control measures consisting of vegetative cover, materials, structures, or other devices shall be utilized to prevent silt from leaving the site and to prevent on-site erosion, and shall comply with 15A NCAC 04, which is incorporated by reference including subsequent amendments and editions.

(8)           Drainage control and water protection requirements.

(a)           Surface water shall be diverted from the operational area.

(b)           Surface water shall not be impounded over or in waste.

(c)           Solid waste shall not be disposed of in water.

(d)           Leachate shall be contained within a lined disposal cell or leachate collection and storage system. All leachate shall be treated, as required by the receiving facility, prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required prior to the discharge of leachate to surface waters, as provided by 40 CFR 258.26 and 258.27.

(e)           MSWLF units shall not:

(i)            cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including the NPDES requirements, pursuant to Section 402 of the Clean Water Act; or

(ii)           cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or State-wide water quality management plan that has been approved under Section 208 or 319 of the Clean Water Act, as amended.

(9)           Liquids restrictions.

(a)           Bulk or non-containerized liquid waste shall not be placed in MSWLF units unless:

(i)            the waste is household waste other than septic waste and waste oil; or

(ii)           the waste is leachate or gas condensate derived from the MSWLF unit, the MSWLF unit is designed with a composite liner and leachate collection system as described within Rule .1624 of this Section, and the design and procedures for returning the leachate or gas condensate to the MSWLF unit are described in the permit conditions or plans incorporated into the permit.

(b)           Containers holding liquid wastes shall not be placed in the MSWLF unit unless they meet the criteria set forth in 40 CFR 258.28(b)(1) through (3).

(10)         Operating Record and Recordkeeping requirements.

(a)           The owner or operator of a MSWLF unit shall record and retain at the facility or in an alternative location stated in the permit an operating record that shall contain the following information:

(i)            inspection records, waste determination records, certifications of training required by G.S. 130A-309.25, and documentation of training required by Sub-item (1)(f) of this Rule;

(ii)           amounts by weight of solid waste received at the facility including county of generation consistent with G.S. 130A-309.09D;

(iii)          gas monitoring results and any remediation plans required by Item (4) of this Rule;

(iv)          any demonstration, certification, finding, monitoring, testing, or analytical data required by Rules .1630 thru .1637 of this Section;

(v)           any monitoring, testing, or analytical data as required by Rule .1627 of this Section; and

(vi)          any cost estimates and financial assurance documentation required by Rule .1628 of this Section and Section .1800 of this Subchapter.

(b)           All information contained in the operating record shall be furnished to the Division according to the permit, or shall be made available for review by the Division at the time and place of an inspection of the MSWLF or upon request. The information contained in the operating record shall be recorded and retained in a format that is accessible and viewable by the Division.

(c)           The owner or operator shall maintain a copy of the operation plan required by Rule .1625 of this Section at the facility.

(11)         Windblown waste requirements. Methods such as fencing and diking shall be provided within the area to confine solid waste that is subject to be blown by the wind. At the conclusion of each operating day, all windblown material resulting from the operation shall be collected and disposed of by the owner or operator.

(12)         Leachate management plan. The owner or operator of a MSWLF unit designed with a leachate collection system shall establish and maintain a leachate management plan that includes the following:

(a)           periodic maintenance of the leachate collection system;

(b)           maintaining records for the amounts of leachate generated;

(c)           semi-annual leachate quality sampling;

(d)           approval documentation for final leachate disposal; and

(e)           a contingency plan for extreme operational conditions.


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

Eff. October 9, 1993;

Amended Eff. May 1, 2011;

Readopted Eff. September 16, 2021.