§ 130A-295.6. Additional requirements for sanitary landfills.

NORTH CAROLINA STATUTES AND CODES

§ 130A-295.6. Additional requirements for sanitary landfills.

§ 130A‑295.6. Additional requirements for sanitary landfills.

(a) The Departmentshall conduct a study of the environmental impacts of any proposed sanitarylandfill. The study shall meet all of the requirements set forth in G.S. 113A‑4and rules adopted pursuant to G.S. 113A‑4. If an environmental impactstatement is required, the Department shall publish notice of the draftenvironmental impact statement and shall hold a public hearing in the countywhere the landfill will be located no sooner than 30 days following the publicnotice. The Department shall consider the study of environmental impacts andany mitigation measures proposed by the applicant in deciding whether to issueor deny a permit. An applicant for a permit for a sanitary landfill shall payall costs incurred by the Department to comply with this subsection includingthe costs of any special studies that may be required.

(b) The Departmentshall require a buffer between any perennial stream or wetland and the nearestwaste disposal unit of a sanitary landfill of at least 200 feet. The Departmentmay approve a buffer of less than 200 feet, but in no case less than 100 feet,if it finds all of the following:

(1) The proposedsanitary landfill or expansion of the sanitary landfill will serve a criticalneed in the community.

(2) There is no feasiblealternative location that would allow siting or expansion of the sanitarylandfill with 200‑foot buffers.

(1) A 100‑yearfloodplain or land removed from a 100‑year floodplain designationpursuant to 44 Code of Federal Regulations Part 72 (1 October 2006 Edition) asa result of man‑made alterations within the floodplain such as theplacement of fill, except as authorized by variance granted under G.S. 143‑215.54A(b).This subdivision does not apply to land removed from a 100‑yearfloodplain designation (i) as a result of floodplain map corrections or updatesnot resulting from man‑made alterations of the affected areas within thefloodplain, or (ii) pursuant to 44 Code of Federal Regulations Part 70 (1October 2006 Edition) by a letter of map amendment.

(2) A wetland, unlessthe applicant or permit holder can show all of the following, as to the wastedisposal unit:

a. Where applicableunder section 404 of the federal Clean Water Act or applicable State wetlandslaws, the presumption that a practicable alternative to the proposed wastedisposal unit is available which does not involve wetlands is clearly rebutted;

b. Construction of thewaste disposal unit will not do any of the following:

1. Cause or contributeto violations of any applicable State water quality standard.

2. Violate anyapplicable toxic effluent standard or prohibition under section 307 of thefederal Clean Water Act.

3. Jeopardize thecontinued existence of endangered or threatened species or result in thedestruction or adverse modification of a critical habitat, protected under thefederal Endangered Species Act of 1973.

4. Violate anyrequirement under the federal Marine Protection, Research, and Sanctuaries Actof 1972.

c. Construction of thewaste disposal unit will not cause or contribute to significant degradation ofwetlands.

d. To the extentrequired under section 404 of the federal Clean Water Act or applicable Statewetlands laws, any unavoidable wetlands impacts will be mitigated.

(d) The Departmentshall not issue a permit to construct any disposal unit of a sanitary landfillif, at the earlier of (i) the acquisition by the applicant or permit holder ofthe land or of an option to purchase the land on which the waste disposal unitwill be located, (ii) the application by the applicant or permit holder for afranchise agreement, or (iii) at the time of the application for a permit, anyportion of the proposed waste disposal unit would be located within:

(1) Five miles of theoutermost boundary of a National Wildlife Refuge.

(2) One mile of theoutermost boundary of a State gameland owned, leased, or managed by theWildlife Resources Commission pursuant to G.S. 113‑306.

(3) Two miles of theoutermost boundary of a component of the State Parks System.

(e) A sanitary landfillfor the disposal of construction and demolition debris waste shall beconstructed with a liner system that consists of a flexible membrane liner overtwo feet of soil with a maximum permeability of 1 x 10‑5centimeters per second. The flexible membrane liner shall have a minimumthickness of thirty one‑thousandths of an inch (0.030"), except thata liner that consists of high‑density polyethylene shall be at leastsixty one‑thousandths of an inch (0.060") thick. The flexiblemembrane liner shall be installed in direct and uniform contact with the soillayer. The Department may approve an alternative to the soil component of theliner system if the Department finds, based on modeling, that the alternativeliner system will provide an equivalent or greater degree of impermeability.

(f) A sanitarylandfill, other than a sanitary landfill for the disposal of construction anddemolition debris waste, shall be constructed so that the post‑settlementbottom elevation of the liner system, or the post‑settlement bottomelevation of the waste if no liner system is required, is a minimum of fourfeet above both the seasonal high groundwater table and the bedrock datum planecontours. A sanitary landfill for the disposal of construction and demolitiondebris waste shall be constructed so that the post‑settlement bottomelevation of the flexible membrane liner component of the liner system is aminimum of four feet above both the seasonal high groundwater table and thebedrock datum plane contours.

(g) A permit holder fora sanitary landfill shall develop and implement a waste screening plan. Theplan shall identify measures adequate to ensure compliance with State laws andrules and any applicable local ordinances that prohibit the disposal of certainitems in landfills. The plan shall address all sources of waste generation. Theplan is subject to approval by the Department.

(h) The followingrequirements apply to any sanitary landfill for which a liner is required:

(1) A geomembrane baseliner system shall be tested for leaks and damage by methods approved by theDepartment that ensure that the entire liner is evaluated.

(2) A leachatecollection system shall be designed to return the head of the liner to 30centimeters or less within 72 hours. The design shall be based on theprecipitation that would fall on an empty cell of the sanitary landfill as aresult of a 25‑year‑24‑hour storm event. The leachatecollection system shall maintain a head of less than 30 centimeters at alltimes during leachate recirculation. The Department may require the operator tomonitor the head of the liner to demonstrate that the head is being maintainedin accordance with this subdivision and any applicable rules.

(3) All leachatecollection lines shall be designed and constructed to permanently allowcleaning and remote camera inspection. All leachate collection lines shall becleaned at least once a year, except that the Department may allow leachatecollection lines to be cleaned once every two years if: (i) the facility hascontinuous flow monitoring; and (ii) the permit holder demonstrates to theDepartment that the leachate collection lines are clear and functional based onat least three consecutive annual cleanings. Remote camera inspections of theleachate collection lines shall occur upon completion of construction, at leastonce every five years thereafter, and following the clearing of blockages.

(4) Any pipes used totransmit leachate shall provide dual containment outside of the disposal unit.The bottom liner of a sanitary landfill shall be constructed without pipepenetrations.

(i) The Departmentshall not issue a permit for a sanitary landfill that authorizes:

(1) A capacity of morethan 55 million cubic yards of waste.

(2) A disposal area ofmore than 350 acres.

(3) A maximum height,including the cap and cover vegetation, of more than 250 feet above the meannatural elevation of the disposal area.

(j) This section doesnot apply to landfills for the disposal of land clearing and inert debris or toType I or Type II compost facilities. (2007‑543, s. 1(a)‑(c); 2007‑550, s.9(a), (c).)