State Codes and Statutes
Statutes > North-carolina > Chapter_130A > GS_130A-295_4§ 130A‑295.4. Combustion products landfills.
(a) The definitions setout in G.S. 130A‑290(a) apply to this section.
(b) The Department maypermit a combustion products landfill to be constructed partially or entirelywithin areas that have been formerly used for the storage or disposal ofcombustion products at the same facility as the coal‑fired generatingunit that generates the combustion products, provided the landfill isconstructed with a bottom liner system consisting of three components inaccordance with this section. Of the required three components, the upper twocomponents shall consist of two separate flexible membrane liners, with a leakdetection system between the two liners. The third component shall consist of aminimum of two feet of soil underneath the bottom of those liners, with thesoil having a maximum permeability of 1 x 10‑7 centimeters persecond. The flexible membrane liners shall have a minimum thickness of thirtyone‑thousandths of an inch (0.030"), except that liners consistingof high‑density polyethylene shall be at least sixty one‑thousandthsof an inch (0.060") thick. The lower flexible membrane liner shall beinstalled in direct and uniform contact with the compacted soil layer. TheDepartment may approve an alternative to the soil component of the compositeliner system if the Department finds, based on modeling, that the alternativeliner system will provide an equivalent or greater degree of impermeability.
(c) An applicant for apermit for a combustion products landfill shall develop and provide to theDepartment a response plan, which shall describe the circumstances under whichcorrective measures are to be taken at the landfill in the event of thedetection of leaks in the leak detection system between the upper two linercomponents at amounts exceeding an amount specified in the response plan (asexpressed in average gallons per day per acre of landfill, defined as an ActionLeakage Rate). The response plan shall also describe the remedial actions thatthe landfill is required to undertake in response to detection of leakage inamounts in excess of the Action Leakage Rate. The Department shall review theresponse plan as a part of the permit application for the landfill. Compliancewith performance of the landfill to prevent releases of waste to theenvironment may be determined based on leakage rate rather than monitoring welldata. (2007‑550,s. 7(b).)
