2009 North Carolina Code
Chapter 130A - Public Health.
§ 130A-309.05. Regulated wastes; certain exclusions.

§ 130A‑309.05.  Regulated wastes; certain exclusions.

(a)        Notwithstanding other provisions of this Article, the following waste shall be regulated pursuant to this Part:

(1)        Medical waste; and

(2)        Ash generated by a solid waste management facility from the burning of solid waste.

(b)        Ash generated by a solid waste management facility from the burning of solid waste shall be disposed of in a properly designed solid waste disposal area that complies with standards developed by the Department for the disposal of the ash.  The Department shall work with solid waste management facilities that burn solid waste to identify and develop methods for recycling and reusing incinerator ash or treated ash.

(c)        Recovered material is not subject to regulation as solid waste under this Article.  In order for a material that would otherwise be regulated as solid waste to qualify as a recovered material, the Department may require any person who owns or has control over the material to demonstrate that the material meets the requirements of this subsection.  In order to protect public health and the environment, the Commission may adopt rules to implement this subsection.  In order to qualify as a recovered material:

(1)        A majority of the recovered material at a facility shall be sold, used, or reused within one year;

(2)        The recovered material or the products or by‑products of operations that process recovered material shall not be discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water so that the products or by‑products or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters including groundwaters, or otherwise enter the environment or pose a threat to public health and safety; and

(3)        The recovered material shall not be a hazardous waste or have been recovered from a hazardous waste. (1989, c. 784, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 9.)