15A NCAC 13A .0102. DEFINITIONS

(a)  The definitions contained in G.S. 130A‑290 apply to this Subchapter.

(b)  40 CFR 260.10 (Subpart B), Definitions, is incorporated by reference, including subsequent amendments and editions  except that the Definitions for "Disposal", "Landfill", "Management or hazardous waste management", "Person", "Sludge", "Storage", and "Treatment" are defined by G.S. 130A‑290 and are not incorporated by reference, and the definitions in 260.10 for "Facility", "Transfer Facility",  "Hazardous secondary material", "Hazardous secondary material generated and reclaimed under the control of the generator", "Hazardous secondary material generator", "Intermediate facility", and  "Land-based unit" are not incorporated by reference.

(c)  The following definitions shall be substituted for "Facility" and "Transfer Facility":

(1)           "Facility" means:

(A)          All contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste.  A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).

(B)          For the purpose of implementing corrective action under 40 CFR 264.101, all contiguous property under the control of the owner or operator seeking a permit under Subtitle C of RCRA.  This definition also applies to facilities implementing corrective action under RCRA Section 3008(h).

(C)          Notwithstanding Part (B) of this definition, a remediation waste management site is not a facility that is subject to 40 CFR 264.101, but is subject to corrective action requirements if the site is located within such a facility. 

(2)           "Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

(d)  The following additional definitions shall apply throughout this Subchapter:

(1)           "Section" means the Hazardous Waste Section, in the Division of Waste Management, Department of Environment and Natural Resources.

(2)           The "Department" means the Department of Environment and Natural Resources (DENR).

(3)           "Division" means the Division of Waste Management (DWM).

(4)           "Long Term Storage" means the containment of hazardous waste for an indefinite period of time in a facility designed to be closed with the hazardous waste in place.

(5)           "Off-site Recycling Facility" means any facility that receives shipments of hazardous waste from off-site to be recycled or processed for recycling through any process conducted at the facility, but does not include any facility owned or operated by a generator of hazardous waste solely to recycle their own waste. 

 

History Note:        Authority G.S. 130A‑294(c); 150B-21.6;

Eff. September 1, 1979;

Amended Eff. June 1, 1989; June 1, 1988; February 1, 1987; October 1, 1986;

Transferred and Recodified from 10 NCAC 10F .0002 Eff. April 4, 1990;

Amended Eff. April 1, 1993; October 1, 1990; August 1, 1990;

Recodified from 15A NCAC 13A .0002 Eff. December 20, 1996;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. January 1, 2009;

Amended Eff. July 1, 2010.