North Carolina General Statute 143-215.1(a) requires that the treatment of contaminated soil be permitted by the N.C. Department of Environmental Quality. Petroleum-contaminated soil removed from the source site must be remediated in accordance with 15A NCAC 2T and 15A NCAC 2L.
Permitted soil treatment facilities that are permitted to receive soil from numerous sources are referred to as dedicated contaminated soil facilities. Dedicated contaminated soil facilities are designed to receive contaminated soil on a repeated basis. These facilities may use conventional rate land application, production facility storage or containment and treatment methodologies. Dedicated facilities may receive shipments of contaminated soil from many sources. Each shipment must be individually tracked. The facility permit may require additional conditions outside the minimum design requirements associated with one-time use methodologies. Permits for these sites require soil, groundwater and possibly surface water and air monitoring to ensure protection of human health and the environment. These permits are issued for up to five years and require the payment of a permit fee as set by statute.
If a land application facility has previously been approved for a one-time use (including under a Certificate of Approval), any subsequent use of that facility will require the facility to be re-permitted as a dedicated facility, unless it can be demonstrated by soil testing that fuel hydrocarbons or other contaminants from previous applications have been remediated below treatment goals and that soil conditions are suitable, subject to the guidelines and rules for dedicated facilities.
Permitted Soil Treatment Facilities (for petroleum-contaminated soils)