§ 130A-309.05. Regulated wastes; certain exclusions. - North Carolina Statutes

§130A‑309.05.  Regulated wastes; certain exclusions.

(a)        Notwithstandingother provisions of this Article, the following waste shall be regulatedpursuant to this Part:

(1)        Medical waste; and

(2)        Ash generated by asolid waste management facility from the burning of solid waste.

(b)        Ash generated by asolid waste management facility from the burning of solid waste shall bedisposed of in a properly designed solid waste disposal area that complies withstandards developed by the Department for the disposal of the ash.  TheDepartment shall work with solid waste management facilities that burn solidwaste to identify and develop methods for recycling and reusing incinerator ashor treated ash.

(c)        Recovered materialis not subject to regulation as solid waste under this Article.  In order for amaterial that would otherwise be regulated as solid waste to qualify as arecovered material, the Department may require any person who owns or hascontrol over the material to demonstrate that the material meets the requirementsof this subsection.  In order to protect public health and the environment, theCommission may adopt rules to implement this subsection.  In order to qualifyas a recovered material:

(1)        A majority of therecovered material at a facility shall be sold, used, or reused within oneyear;

(2)        The recoveredmaterial or the products or by‑products of operations that processrecovered material shall not be discharged, deposited, injected, dumped,spilled, leaked, or placed into or upon any land or water so that the productsor by‑products or any constituent thereof may enter other lands or beemitted into the air or discharged into any waters including groundwaters, orotherwise enter the environment or pose a threat to public health and safety;and

(3)        The recoveredmaterial shall not be a hazardous waste or have been recovered from a hazardouswaste. (1989, c. 784, s. 2; 1995 (Reg. Sess., 1996), c. 594,s. 9.)