§ 130A-295.01. Additional requirement for commercial hazardous waste facilities. - North Carolina Statutes

§ 130A‑295.01. Additional requirement for commercial hazardous waste facilities.

(a)        As used in thissection:

(1)        "Commercialhazardous waste facility" means any hazardous waste facility that acceptshazardous waste from the general public or from another person for a fee, butdoes not include any facility owned or operated by a generator of hazardouswaste solely for his own use, and does not include any facility owned by theState or by any agency or subdivision thereof solely for the management of hazardouswaste generated by agencies or subdivisions of the State.

(2)        "New",when used in connection with "facility", refers to a planned orproposed facility, or a facility that has not been placed in operation, butdoes not include facilities that have commenced operations as of 22 June 1987,including facilities operated under interim status.

(3)        "Modified",when used in connection with "permit", means any change in any permitin force on or after 22 June 1987 that would either expand the scope ofpermitted operations, or extend the expiration date of the permit, or otherwiseconstitute a Class 2 or Class 3 modification of the permit as defined in 40Code of Federal Regulations § 270.41 (1 July 2006).

(4)        "7Q10conditions", when used in connection with "surface water,"refers to the minimum average flow for a period of seven consecutive days thathas an average occurrence of once in 10 years as referenced in 15 NCAC2B.0206(a)(3) as adopted 1 February 1976.

(b)        No permit for anynew commercial hazardous waste facility shall be issued or become effective,and no permit for a commercial hazardous waste facility shall be modified,until the applicant has satisfied the Department that such facility meets, inaddition to all other applicable requirements, the following requirements:

(1)        The facility shallnot discharge directly a hazardous or toxic substance into a surface water thatis upstream from a public drinking water supply intake in North Carolina,unless there is a dilution factor of 1000 or greater at the point of dischargeinto the surface water under 7Q10 conditions.

(2)        The facility shallnot discharge indirectly through a publicly owned treatment works (POTW) ahazardous or toxic substance into a surface water that is upstream from apublic drinking water supply intake in North Carolina, unless there is adilution factor of 1000 or greater, irrespective of any dilution occurring in awastewater treatment plant, at the point of discharge into the surface waterunder 7Q10 conditions.

(c)        The Department shallnot issue a permit for a commercial hazardous waste facility for a period ofmore than five years. A permit holder for a commercial hazardous waste facilitywho intends to apply for renewal of the permit shall submit an application forthe renewal of the permit at least one year before the permit expires unlessthe Department approves a shorter period of time.

(d)        The owner oroperator of a commercial hazardous waste facility shall maintain a record ofinformation at an off‑site location that identifies the generators of thewaste and the quantity, type, location, and hazards of the waste at thefacility and shall make this information available in a form and manner to bedetermined by the Department, accessible to the Department, to the county inwhich the facility is located, to any municipality with planning jurisdictionover the site of the facility, and to emergency response agencies that have arole under the contingency plan for the facility.

(e)       (1)        Within10 days of filing an application for a permit for a commercial hazardous wastefacility, the applicant shall notify every person who resides or owns propertylocated within one‑fourth mile of any property boundary of the facilitythat the application has been filed. The notice shall be by mail to residentsand by certified mail to property owners, or by any other means approved by theDepartment, shall be in a form approved by the Department, and shall includeall of the following:

a.         The location of thefacility.

b.         A description of thefacility.

c.         The hazardous andnonhazardous wastes that are to be received and processed at the facility.

d.         A description of theemergency response plan for the facility.

(2)        The permit holderfor a commercial hazardous waste facility shall publish a notice that includesthe information set out in subdivision (1) of this subsection annuallybeginning one year after the permit is issued. The notice shall be published ina form and manner approved by the Department in a newspaper of generalcirculation in the community where the facility is located.

(3)        The permit holderfor a commercial hazardous waste facility shall provide the information set outin subdivision (1) of this subsection by mail to the persons described insubdivision (1) of this subsection at the midpoint of the period for which thepermit is issued.

(4)        Each commercialhazardous waste facility applicant and permit holder shall providedocumentation to demonstrate to the Department that the requirements set out insubdivisions (1), (2), and (3) of this subsection have been met.

(f)         No later than 31January of each year, the owner or operator of a commercial hazardous wastefacility shall report to the Department any increase or decrease in the numberof sensitive land uses and any increase or decrease in estimated populationdensity based on information provided by the local government that has planningjurisdiction over the site on which the facility is located that occurredduring the previous calendar year in the area located within one‑fourthmile of any property boundary of the facility. Changes shall be recorded in theoperating record of the facility. As used in this subsection, "sensitiveland use" includes residential housing, places of assembly, places ofworship, schools, day care providers, and hospitals. Sensitive land use doesnot include retail businesses.

(g)        The owner oroperator of a commercial hazardous waste facility shall provide a security andsurveillance system at the facility 24 hours a day, seven days a week in orderto continuously monitor site conditions and to control entry. The security andsurveillance system shall be capable of promptly detecting unauthorized accessto the facility; monitoring conditions; identifying operator errors; anddetecting any discharge that could directly or indirectly cause a fire,explosion, or release of hazardous waste or hazardous waste constituents intothe environment or threaten human health. The requirements of this subsectionmay be satisfied either by employing trained facility personnel or by providingan electronic security and surveillance system which may include television,motion detectors, heat‑sensing equipment, combustible gas monitors, orany combination of these, as approved by the Department.

(h)        The operator of acommercial hazardous waste facility shall install an on‑site wind monitorapproved by the Department. The wind monitor required shall be located so thatthe real‑time wind direction can be determined from a remote location inthe event of a release of hazardous waste or hazardous waste constituents intothe environment. (1987,c. 437, s. 1; 2007‑107, ss. 1.3(a), 1.4(a), 1.5(a), 1.6(a), 1.7(a),1.9(a), 2.1(b); 2007‑495, s. 15(a)‑(e).)