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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Waste Management - WM - Superfund - IHS - Pre-Regulatory (Pre-1983) Landfills

Waste Management

INACTIVE HAZARDOUS SITES PROGRAM


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ADDRESSING PRE-REGULATORY LANDFILLS & DUMPS

Pre-Regulatory Landfill Unit

Legislation in 2007 (SB1492) established a program to address pre-regulatory landfills that closed prior to January 1, 1983 when waste disposal permitting regulations commenced.  This legislation adds new provisions to the Inactive Hazardous Sites Response Act for addressing these landfills.  This new program will be implemented by the Pre-Regulatory Landfill Unit within the Inactive Hazardous Sites Branch.

The law imposes a tax of $2/ton on municipal solid waste and construction and demolition debris disposed in landfills in North Carolina or transferred out of state for disposal.  One half of this tax goes to the Branch to prioritize, assess and implement remedial action plans for each pre-regulatory landfill.  A pre-regulatory landfill is defined as any land area, whether publicly or privately owned, on which municipal solid waste disposal occurred prior to January 1, 1983, but not thereafter, but does not include any landfill used primarily for the disposal of industrial solid waste.

The tax took effect July 1, 2008.  Some of the initial proceeds will go toward reimbursing certain landfill permit applicants for application costs.  The remaining revenue comes to the Branch to address the pre-regulatory landfills.  The Pre-Regulatory Landfill Unit has dedicated staff to oversee contractors conducting the work.  A unit of local government may voluntarily undertake assessment of the site and remedial action of imminent hazards and get reimbursed if the work is pre-approved by the Unit and complies with the requirements of  G.S. 130A-310.6 (f).

General questions regarding the Pre-Regulatory Landfill program should be directed to Cheryl Marks at 919-707-8333 or at cheryl.marks@ncdenr.gov.

The Guidelines for Addressing Pre-Regulatory Landfills & Dumps provide assessment guidelines for these old landfill sites and are a supplement to the Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup.

 

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