Solid Waste Rule Readoption Process

Periodic Review of Existing Rules

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. The Division of Waste Management's Solid Waste Section is beginning the readoption process of the Solid Waste Management Rules found in 15A NCAC 13B. The Report on Determinations of Solid Waste Rules (15A NCAC 13B, except .1500 rules), which designates each rule as being necessary with substantive interest, necessary without substantive interest, or unnecessary, became effective June 24, 2017.  Rules designated in the report 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.  Rules in Subchapter 13B (except Section .1500) are under the authority of the Environmental Management Commission (EMC), therefore the Commission must readopt the 132 rules designated as necessary with public interest by the deadline set by the Rules Review Commission of April 30, 2021.

A separate Report on Determinations of Solid Waste Rules for 15A NCAC 13B Section .1500 Standards for Special Tax Treatment of Recycling and Resource Recovery Equipment and Facilities was published for public comment for 60 days, ending July 25, 2017, and was approved by the Rules Review Commission meeting at their December 14, 2017 meeting.  Rule .1510 remains in the code unchanged and Rule .1511 has expired.  Section .1500 is under the authority of the Secretary of the Department and not the Environmental Management Commission, therefore the Department must readopt the 11 rules designated as necessary with substantive public interest (Rules .1501 - .1508, and .1512 - .1514) by the deadline set by the Rules Review Commission of April 30, 2021.

Rule Readoption Process

A planning meeting and group session was held on January 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 volunteers for a collaborative stakeholder process were discussed.  Working groups have been established to review rule sets of substantial interest. Detailed working group information can be found at the bottom of the page.  

Comments Received

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

Draft Rules

The following are DRAFT proposed changes to Subchapter 13B rules that the Solid Waste Section is considering for presentation to the EMC's Groundwater and Waste Management Committee for review at the upcoming meeting.  Click here to navigate to the GWWMC and EMC meeting agendas.  These DRAFT rules have not been reviewed outside of Section staff and are only posted here to solicit comments with the hope that any comments might be able to addressed prior to further review.  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 the Solid Waste Section Chief, Ed Mussler, by phone at (919) 707-8281 or e-mail at ed.mussler@ncdenr.gov.

Rule Readoption Working Groups

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 October 26.
  4. October 26, 2017, 10 a.m. - 1 p.m., Conference Call - Initial Working Draft of Rule Changes
  5. November 29, 2017, 10 a.m. - 12:30 p.m. at the DEQ Winston-Salem Regional Office 
  6. January 31, 2018, 10 a.m. - 12:30 p.m. Conference Call
  7. February 16, 2018, 10 a.m. - 12:30 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 am - 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