SB 60 — Disapprove Various Solid Waste Rule Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 60 Agriculture, Energy, and Environment Committee Substitute Adopted 4/27/21 Short Title:

Senator B.

Jackson (Primary Sponsor).

Rules and Operations of the Senate February 8, 2021 A BILL TO BE ENTITLED AN ACT TO REVISEDISAPPROVE CERTAIN RULES RELATED TO SOLID WASTE MANAGEMENT FACILITIES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION.

SECTION 1.(a)1. Definitions.

–Pursuant Forto purposesG.S. of this section and its implementation, "Solid Waste Landfill Rules" means the following rules as adopted by the North Carolina Environmental Management Commission (EMC) on July 9, 2020, and approved by the Rules Review Commission on October 15, 2020:

15A150B-21.3(b1), NCACthe 13Bfollowing .0533rules, (Generalas Applicationadopted Requirementsbythe andNorth ProcessingCarolina forEnvironmental C&DLFManagement Facilities)Commission 15Aon NCACJuly 13B9, .05352020, (Application Requirements for C&DLF Facilities) 15A NCAC 13B .0543 (Closure and Post-Closureapproved Requirementsby for C&DLF Facilities) 15A NCAC 13B .0544 (Monitoring Plans and Requirements for C&DLF Facilities) 15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF Facilities and Units) 15A NCAC 13B .1603 (General Application Requirements and Processing) 15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities) 15A NCAC 13B .1627 (Closure and Post-Closure Requirements for MSWLF Facilities) 15A NCAC 13B .1631 (Groundwater Monitoring Systems) 15A NCAC 13B .1632 (Groundwater Sampling and Analysis Requirements) 15A NCAC 13B .1633 (Detection Monitoring Program) 15A NCAC 13B .1634 (Assessment Monitoring Program) 15A NCAC 13B .1635 (Assessment of Corrective Measures) 15A NCAC 13B .1636 (Selection of Remedy) 15A NCAC 13B .1637 (Implementation of the CorrectiveRules ActionReview Program)Commission SECTIONon 1.(b)October Solid15, Waste2020, Landfillare Rules.disapproved:

–15A NotwithstandingNCAC G.S.13B .0535 (Application Requirements for C&DLF Facilities) 15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF Facilities and Units) 15A NCAC 13B .1603 (General Application and Requirements and Processing) 15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities) 15A NCAC 13B .1631 (Groundwater Monitoring Systems) SECTION 2.

150B-21.3, the Solid Waste Landfill Rules shall become effective when this act becomes effective, except that the EMC and the Department of Environmental Quality (Department) shall implement the Solid Waste Landfill Rules as provided in Section 1(c) until the effective date of the revised permanent rules that the EMC is required to adopt pursuant to Section 1(d).

SECTION 1.(c) Implementation.

– The Solid Waste Landfill Rules shall be implemented subject to all of the following requirements:

*S60-v-2* General Assembly Of North Carolina Session 2021 (1) One hundred eighty days prior to beginning closure of the final permitted landfill unit, an owner or operator of a construction and demolition debris landfill facility (C&DLF) or a municipal solid waste landfill facility (MSWLF) shall submit to the Department's Division of Waste Management (Division) a notice of intent to close the final unit (notice of closure), in writing, and place a copy of the notice of closure in the facility's operating record.

The notice of closure shall include the anticipated date that the facility will cease waste acceptance and a statement identifying the plans that were incorporated into the permit that the owner or operator will comply with during the closure and post-closure care period.

The notice of closure shall include the dates that the plans were incorporated into the facility's permit and the file identification numbers that were assigned by the Division to the files containing these plans.

If the owner or operator determines that updates or revisions to the plans are necessary, the owner or operator shall submit any changes to the plans to the Division as a permit modification.

(2) An owner and operator of a C&DLF or MSWLF shall not be required to submit a permit application for the Division to issue a permit for closure and post-closure care of a landfill.

The Division shall issue a permit for closure and post-closure care that incorporates the plans identified in the notice of closure submitted pursuant to subdivision (1) of this subsection.

Owners or operators that closed all waste disposal units at the landfill prior to the date this bill becomes law shall not be required to submit a notice of closure pursuant to subdivision (1) of this subsection.

If a closure and post-closure care permit has not alreadybeen issued for these facilities prior to the date this bill becomeslaw,theDivision shall issueapermit forclosureandpost-closure care that incorporates the plans for closure and post-closure care that were included in the most recent permit to operate issued for the facility.

(3) An application for an amendment to a permit for a C&DLF or MSWLF submittedsolelyfor achange in ownershipor corporatestructure shall include all of the following information:

a.

A description of the proposed ownership change including affected facilitiesand associated permit numbers, the schedulefortheproposed change in ownership or corporate structure, and contact name and information for the proposed or new owner or operator.

b.

Any changes to the facility name, property owner, facility operator, or billing contact names and contact information.

c.

If the property owner has changed or will change as a part of the change to ownership or corporate structure, a copy of the recorded property deed for the new property owner.

d.

For an applicant that is not a federal, State, or local government, an organization chart showing the ownership structure of the proposed or newowneroroperator, whichshall beabusiness entityregisteredwith the North Carolina Secretary of State.

e.

An environmental compliance history for the applicant in accordance with G.S.

130A-295.3(b).

f.

Any documentation that the Division may request in order to determine compliance with requirements for financial responsibility that must be established by the proposed or new owner or operator pursuant to G.S.

130A-295.2 and Section .1800 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code, Page 2 Senate Bill 60-Second Edition General Assembly Of North Carolina Session 2021 including an executed financial assurance mechanism for, by, or from the proposed or new owner or operator.

g.

Any updates to the cost estimates required to be submitted in accordance with Section .1800 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code.

h.

Anypotential modifications to be made bythe proposed or new owner or operator to the plans incorporated into the facility's permit, or any potential modifications to be made to the facility's permit to correct any information included in the plans that has changed due to the change in ownership or corporate structure, such as the owner or operator names and contact information.

i.

For any plans for which no changes or corrections are to be made, a statement that the proposed or new owner or operator shall continue to comply with the plans incorporated into the existing facility permit, which shall be identified in the statement by the date the plans were incorporated, and the file identification number assigned by the Division to the file containing the incorporated plan.