Coal combustion by‑products may be beneficially used on one or more of the following applications or when handled, processed, transported or stockpiled for such beneficial use applications and do not require a solid waste permit provided the uses are consistent with the requirements identified below:

(1)           Coal combustion by‑products used as soil nutrient additives or other agricultural purposes under the authority of the North Carolina Department of Agriculture;

(2)           Coal combustion bottom ash or boiler slag used as a traction control material or road surface material if the use is approved by the North Carolina Department of Transportation;

(3)           Coal combustion by‑products used as material in the manufacturing of another product, including, but not limited to concrete products, lightweight aggregate, roofing materials, plastics, paint, flowable fill and roller compacted concrete or as a substitute for a product or material resource, including but not limited to, blasting grit, roofing granules, filter cloth precoat for sludge dewatering and pipe bedding;

(4)           Coal combustion by‑products used as a structural fill for the  base, sub‑base, under a structure or the footprint of a paved road, a parking lot, sidewalk, walkway or similar structure;

(5)           Coal combustion by‑products used for the extraction or recovery of materials and compounds contained within the coal combustion by‑products.  Residuals from the processing operations shall remain solid waste and be subject to this Section and Section .1600 of this Subchapter; and

(6)           Coal combustion by‑products processed with a cementitious binder to produce a stabilized structural fill product which is spread and compacted for the construction of a project with a planned end use.


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

Eff. January 4, 1994.