15A NCAC 13B .0564. SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS

The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:

(1)        Facilities or practices, shall not be located in the 100-year floodplain.

(2)        Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.

(3)        Facilities or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin Road, Raleigh, North Carolina  27605 where copies can be obtained at no cost.

(4)        Facilities or practices shall not damage or destroy an archaeological or historical site.

(5)        Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state nature and historic preserve.

(6)        Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).

(7)        It must be shown that adequate suitable soils are available for cover, either from on or off site.

(8)        Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:

(a)        Facilities or practices shall not cause a discharge of pollutants into waters of the state that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended.

(b)        Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation of the requirements under Section 404 of the Clean Water Act, as amended.

(c)        Facilities or practices shall not cause non-point source pollution of waters of the state that violates assigned water quality standards.

(d)        Waste in landfills with a disposal area greater than two acres shall be placed a minimum of four feet above the seasonal high water table, except where an alternative separation is approved by the Division.

(e)        Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.

(9)        The facility shall meet the following minimum buffer requirements:

(a)        50 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212.

(b)        100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.

(c)        Buffer requirements may be adjusted as necessary to insure adequate protection of public health and the environment.

(10)      The facility shall meet all requirements of any applicable zoning ordinance.

 

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

Eff. January 4, 1993.