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Jessica Montie Solid Waste Section Division of Waste Management

Readoption of 15A NCAC 13B Solid Waste Management Rules. April 6, 2017. Jessica Montie Solid Waste Section Division of Waste Management. Periodic Rule Review. N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years.

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Jessica Montie Solid Waste Section Division of Waste Management

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  1. Readoption of 15A NCAC 13B Solid Waste Management Rules April 6, 2017 Jessica MontieSolid Waste Section Division of Waste Management

  2. Periodic Rule Review • N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. • Solid Waste Management Rules found in 15A NCAC 13B will be going through readoption process over the next 2-3 years. • Deadline to readopt all rules will be set by Rules Review Commission in the next few months, likely around 2020. • Section is interested in getting comments or suggestions for consideration at drafting stage, as once rule process is started, making changes is difficult and may require that rule process be started over. Department of Environmental Quality

  3. Rules with Substantial Interest • 5 working groups established for Rules with Substantial Interest, drafting rule changes March to December 2017: • MSW and C&D Landfills (.0500 and .1600 rules) • Transfer Stations (.0400 rules) • Environmental Monitoring (parts of .0500, .0600, and .1600 rules) • Financial Assurance (new .1800 FA rule set) • Septage and Compost (.0800 and .1400 rules) • Most groups have members of NC SWANA, Industry (NWRA), NC Solid Waste Section, and Environmental Groups (Conservation Network), who represent and communicate with their stakeholders, committed to monthly meetings and participation. Department of Environmental Quality

  4. SWANA and DWM Representatives • MSW and C&D Landfill - SWANA - Mike Plummer (HDR) and Kenton Yang (CDM) - DWM SWS - Ed Mussler • Environmental Monitoring • SWANA - Joan Smyth (Smith-Gardner) - DWM SWS – Jackie Drummond • Transfer Stations • SWANA - Joe Hack (Mecklenburg County) - DWM SWS – Jason Watkins • Financial Assurance - SWANA - John Roberson (Wake County) - DWM SWS – Sarah Rice • Septage and Compost - SWANA – No directly involved, Joe Hack to monitor - DWM SWS – Tony Gallagher Department of Environmental Quality

  5. Working Groups • Meetings: • All Groups met for first time on March 1st in Raleigh • MSW & C&D Landfill to meet today at noon in this room • Envir. Monitoring just met Monday, next one May 4th (919-420-1374) • Transfer Station conf call is this Monday, April 10th (336-334-3198) • Financial Assurance to meet on April 26th (919-733-2451) • Septage/Compost to meet on May 26th • As mentioned previously, NC SWANA has set up Forums on their website to disseminate information for these 5 groups. • Ideas or suggestions for rule changes can be submitted through the NC SWANA representatives. Department of Environmental Quality

  6. Readoption Draft Schedule RULES WITH SUBSTANTIAL INTEREST Department of Environmental Quality

  7. Remaining Rules For remaining rules where no group has been formed, the Section is accepting comments between now and end of June while updates are being drafted: • .0100 Definitions • .0200 Permits • .0300 Treatment and Processing • .0700 Penalties • .1100 Scrap Tires • .1200 Medical Waste • .1300 Fetal Remains • .1500 Tax Certifications Comments can be submitted through SWANA, or e-mailed to jessica.montie@ncdenr.gov. Department of Environmental Quality

  8. Readoption Draft Schedule REMAINING RULES Note - .1500 Rules will be on a later schedule Department of Environmental Quality

  9. Rule Language • Financial impact – All financial impacts (both costs and benefits, to regulated community, state and local gov’t, and public) from rule changes will have to be analyzed and quantified in a report for approval by the Office of State Budget and Management. • Rules Review Commission is not approving vague or ambiguous text – rule language must be clear, defined, concise, and legally defensible. Requirements must have clear statutory authority. Can’t repeat statute language. Remove unnecessary language. • Rules that haven’t been changed recently may need multiple changes to satisfy RRC requirements, even if no changes are initially recommended by Section. Department of Environmental Quality

  10. Example: Section Proposed Changes

  11. All changes made through rule process

  12. Rule Readoption Webpage Solid Waste Section webpage for Rule Readoption process: http://deq.nc.gov/about/divisions/waste-management/solid-waste-section/rulereview

  13. Solid Waste Section – Under Topics - Rules

  14. On Rule page – Periodic Review and Readoption of Existing Rules

  15. SW Section Contacts Jessica Montie, Section Rule Coordinator jessica.montie@ncdenr.gov, 919-707-8247 Ed Mussler, Permitting Branch Head ed.mussler@ncdenr.gov, 919-707-8281 Jason Watkins, Field Operations Branch Head jason.watkins@ncdenr.gov, 336-776-9674 Tony Gallagher, Composting and Land Application Branch Head tony.gallagher@ncdenr.gov, 919-707-8280 Ellen Lorscheider, Solid Waste Section Chief ellen.lorscheider@ncdenr.gov, 919-707-8245 Department of Environmental Quality

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