Solid Waste Section Rule Readoption

Overview of the Existing Rule Review and Readoption Process

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. It is the responsibility of the Division of Waste Management to regulate how solid waste is managed within the state under the statutory authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes.  Subchapters 13A, 13B, and 13C of Title 15A of the NC Administrative Code were promulgated in accordance with Article 9 to regulate Hazardous Waste, Non-Hazardous Solid Waste, and certain Superfund Programs, respectively.  The Division's Hazardous Waste Section has completed the process of having the Hazardous Waste rules in Subchapter 13A readopted, effective March 1, 2018, and any updates on the Hazardous Waste rules can be found on the Hazardous Waste Section Rules webpage.  The Division's Superfund Section is in the process of having the rules in Subchapter 13C readopted, and any updates on Superfund rules can be found on the Superfund Section Rules webpage.  The Division's Solid Waste Section is also in the process of having the rules in Subchapter 13B readopted, and will post updates on these rules throughout the process below. 

15A NCAC 13B Rules Proposed for Readoption

The Reports on Determinations of Subchapter 13B Rules which designate each rule as being necessary with substantive interest, necessary without substantive interest, or unnecessary were approved by the Rules Review Commission (RRC) in 2017. Rules designated in the reports as unecessary have expired; rules designated as necessary without substantive public interest remain in the code unchanged; and rules designated as necessary with substantive public interest must be readopted by the appropriate agency by the deadline set by the RRC of April 30, 2021. 

The following 15A NCAC Subchapter 13B rules are proposed for revision and readoption by the Division of Waste Management, Solid Waste Section, and are currently going through the rule-making process. The rule-making process includes review by the Groundwater and Waste Management Committee of the EMC and the Environmental Management Commission (EMC), a 60-day public comment period and public hearing, EMC review and adoption of the final rule and fiscal analysis after the comment period, and review by the Rules Review Commission. Comments on these rules may be submitted to the Solid Waste Section's contact for rule-making, Jessica Montie, by phone at (919) 707-8247 or email at jessica.montie@ncdenr.gov; or to Solid Waste Section Chief Ed Mussler by phone at (919) 707-8281 or e-mail at ed.mussler@ncdenr.gov.

GWWMC and EMC Meeting Agendas 

RRC Rule Webpage 

15A NCAC Subchapter 13 Existing Rules

Draft Readoption Schedule

Comments Received

Below is a list of comments that have been received to date and are to be considered during the readoption process:

Rule Readoption Working Groups

A planning meeting and group session was held on Jan. 20, 2017 regarding the rules review process for the rules of the Solid Waste Section of the Division of Waste Management, 15A NCAC 13B. At the meeting, the process, a tentative timetable and the need for a collaborative stakeholder process were discussed. Working groups were established to review rule sets of substantial interest. Detailed working group information can be found below.

    Envir. Monitoring

    Envir. Monitoring

    Team Members 

    • DWM - Jackie Drummond and Ervin Lane
    • DEACS - Wendy Worley
    • NWRA - Matt Einsmann
    • SWANA - Joan Smyth
    • Conservation Network - Jamie Cole
    • North Carolina  Geologist Licensing Board - Rachel Kirkman
    • CDM - Mat Colone

    Meeting Information

    1. March 1, 2017, 10:30 - 11:45 a.m. in Green Square, Raleigh - Meeting Summary
    2. April 3, 2017, 3 - 5 p.m. at 2090 U.S. 70, Swannanoa and Conference Call - Meeting Summary
    3. May 4, 2017, 10 a.m. - 12 p.m. at the DEQ Winston-Salem Regional Office - Meeting Summary and Draft Rule Changes
    4. June 20, 2017, 10 a.m. - 12 p.m. at the DEQ Winston-Salem Regional Office - Meeting Summary and Draft Rule Changes
    5. August 9, 2017, 9 -11 a.m. in Green Square, Raleigh - Meeting Summary and Draft Rule Changes
    6. September 7, 2017, 10 a.m. - 12 p.m. at the DEQ Winston-Salem Regional Office - Meeting Summary and Draft Rule Changes
    7. November 9, 2017, 10 a.m. - 12 p.m. at the DEQ Winston-Salem Regional Office - Meeting Summary and Draft Rule Changes
    Transfer Stations

    Transfer Stations

    Team Members 

    • DWM - Jason Watkins and John Patrone
    • DEACS - Wendy Worley
    • NWRA - John Pfleger
    • SWANA - Joe Hack

    Meeting Information

    1. March 1, 2017, 1 - 2:15 p.m. in Green Square, Raleigh - Meeting Summary
    2. April 10, 2017, 2 - 3 p.m. Conference Call
    3. May 24, 2017, 1:30 - 3 p.m. in Green Square Rm 5212, Raleigh
    4. August 14, 2017, 2 - 3 p.m. Conference Call
    5. October 25, 2017, 2 - 4 p.m. Conference Call - Meeting Summary and Initial Working Draft of Rule Changes 
    Financial Assurance

    Financial Assurance

    Team Members 

    • DWM - Sarah Rice and Jenny Lopp
    • NWRA - Phil Carter
    • SWANA - John Roberson
    • Smith-Manus, Bonding Agent - Chelie Lacrosse
    • Garrett & Moore, Consultant - Vance Moore

    Meeting Information

    1. March 1, 2017, 2:30 - 3:45 p.m. in Green Square, Raleigh - Meeting Summary
    2. April 26, 2017, 1:30 - 3:30 p.m. in Green Square Room 3001 and Conference Call
    Septage

    Septage

    Team Members 

    • DWM - Chester Cobb
    • NWRA - Shawn Carroll
    • SWANA - Joe Hack to monitor only
    • N.C. Pumper Group/N.C. Portable Toilet Group - Joseph McClees

    Meeting Information

    1. March 1, 2017, 4 - 5 p.m. in Green Square, Raleigh - Meeting Summary
    2. October 19, 2017, 1:30 - 5:30 p.m. in Green Square, Raleigh - Draft Rule Changes
    Medical Waste

    Medical Waste

    Team Members 

    • DWM - Bill Patrakis and John Patrone
    • NWRA - Rachel Kirkman, Anne Germain
    • Stericycle - Don Nuss, Craig Edwards, Selin Hoboy
    • Carolina Biomedical - Chet Hinton
    • Assured Waste Solutions - Doug Bowman, Tim Barrett
    • Enco Labs - Jim Hays
    • Earth Compliance Solutions - Andrea Arredondo

    Meeting Information

    1. June 19, 2017, 2 - 4 p.m. in Green Square Rm 1107, Raleigh - Meeting Summary
    2. August 16, 2017, 10 a.m. - 12:30 p.m. in DEQ Winston-Salem Regional Office - Meeting Summary
    3. October 4, 2017, 1 - 3:30 p.m. in Green Square Rm 3001, Raleigh, meeting continued on Oct. 26, 2017, 10 a.m. - 1 p.m., Conference Call - Initial Working Draft of Rule Changes
    4. November 29, 2017, 10 a.m. - 12:30 p.m. at the DEQ Winston-Salem Regional Office - Draft Rule Changes
    5. January 31, 2018, 10 a.m. - 12:30 p.m. Conference Call - Draft Rule Changes
    6. February 16, 2018, 10 a.m. - 12:30 p.m. Conference Call - Draft Rule Changes
    7. March 12, 2018, 10 a.m. - 12:30 p.m. Conference Call - Draft Rule Changes
    8. April 10, 2018, 1 - 3:30 p.m. Conference Call
    Compost

    Compost

    • DWM - Shawn McKee, Donna Wilson, and Perry Sugg
    • See meeting minutes for participants

    Meeting Information

    1. March 1, 2017, 4 - 5 p.m. in Green Square, Raleigh - Meeting Summary
    2. September 6, 2017, 1:30 - 3:30 p.m. in Green Square, Raleigh - Meeting Summary
    3. October 6, 2017, 10 a.m. - 12 p.m. in Green Square, Raleigh - Meeting Summary
    4. November 1, 2017, 1:30 - 3:30 p.m. in Green Square, Raleigh - Meeting Summary
    5. November 30, 2017, 1:30 - 3:30 p.m. in Green Square, Raleigh - Meeting Summary and Draft Rule Changes
    6. February, tbd, Green Square, Raleigh
    MSW, CD Landfills

    MSW, CD Landfills

    Team Members 

    • DWM - Ed Mussler, Larry Frost, and Shannon Aufman
    • DEACS - Wendy Worley
    • NWRA - David Pepper
    • SWANA - Mike Plummer and Kenton Yang
    • Conservation Network - Jamie Cole

    Meeting Information

    1. March 1, 2017, 9 - 10:15 a.m. in Green Square, Raleigh - Meeting Summary
    2. April 6, 2017, 12 noon at the Renaissance (31 Woodfin St) in Asheville and Conference Call