GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 450
HOUSE BILL 1097

AN ACT TO REQUIRE THAT HAZARDOUS WASTE BE PLACED IN CONTAINERS PRIOR TO DISPOSAL IN A HAZARDOUS WASTE DISPOSAL FACILITY AND TO AMEND THE REQUIREMENTS APPLICABLE TO RESIDENT INSPECTORS ASSIGNED TO SPECIAL PURPOSE COMMERCIAL HAZARDOUS WASTE FACILITIES.

The General Assembly of North Carolina enacts:

Section 1.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130-295.02.  Additional requirement for hazardous waste disposal facilities; hazardous waste to be placed in containers.
(a)	For purposes of this section, the term 'container' means any portable device into which waste is placed for storage, transportation, treatment, disposal, or other handling, and includes the first enclosure which encompasses the waste.
(b)	All hazardous waste shall be placed in containers for disposal, except as the Commission shall provide for by rule.  The Commission shall adopt standards for the design and construction of containers for disposal.  Standards for containers may vary for different types of waste.  The standards for disposal containers may supplement or duplicate any of the performance or engineering standards for hazardous waste disposal facilities required under State or federal law; however, the performance or engineering standards for hazardous waste disposal facilities are separate and cumulative, and the performance or engineering standards for hazardous waste disposal facilities and containers may not substitute for or replace one another."
Sec. 2.  G.S. 130A-295.02(j) reads as rewritten:
"(j)	For purposes of this subsection, special purpose commercial hazardous waste facilities include: a facility that manages limited quantities of hazardous waste; a facility that limits its hazardous waste management activities to reclamation or recycling, including energy or materials recovery or a facility that stores hazardous waste primarily for use at such facilities; or a facility that is determined to be low risk under rules adopted by the Commission pursuant to this subsection.  The Commission shall adopt rules establishing reasonable times and frequencies for the presence of a resident inspector on less than a full-time basis at special purpose commercial hazardous waste facilities.  Rules adopted pursuant to this subsection shall establish classifications of special purpose hazardous waste facilities based on factors including, but not limited to, the size of the facility, the type of treatment or storage being performed, the nature and volume of waste being treated or stored, the uniformity, similarity, or lack of diversity of the waste streams, the predictability of the nature of the waste streams and their treatability, whether the facility utilizes automated monitoring or safety devices that adequately perform functions that would otherwise be performed by a resident inspector, the fact that reclamation or recycling is being performed at the facility and the compliance history of the facility and its operator.  Special purpose commercial hazardous waste facilities shall be subject to inspection at all times during which the facility is in operation, undergoing any maintenance or repair, or undergoing any test or calibration. Rules adopted pursuant to this subsection shall specify a minimum number of inspections during such times as the facility is subject to inspection.  Commercial hazardous waste facilities that utilize hazardous waste as a fuel source shall be inspected a minimum of 40 hours per week.  The Department shall maintain records of all inspections at special purpose commercial hazardous waste facilities.  Such records shall contain sufficient detail and shall be arranged in a readily understandable format so as to facilitate determination at any time as to whether the special purpose commercial hazardous waste facility is in compliance with the requirements of this subsection and of rules adopted pursuant to this subsection."
Sec. 3.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 28th day of June, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives