North Carolina Financial Responsibility regulations & environmental compliance analysis

North Carolina Financial Responsibility: What you need to know

Governing Law and Regulations

Solid waste landfills: 15A NCAC 13B.1628

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Underground injection wells: 15A NCAC 02C.0208

Underground storage tanks (USTs): 15A NCAC 020.0101 to 020.0504

Hazardous waste treatment, storage, and disposal facilities (TSDFs): 15A North Carolina Administrative Code (NCAC) 13A.0109(i) and 15A NCAC 13A.0110(h)

Regulatory Agency

North Carolina Department of Environmental Quality (DEQ)

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. North Carolina follows the federal financial responsibility standards, with additional requirements for solid waste landfills, underground injection wells, underground storage tanks (USTs), and hazardous waste treatment, storage, and disposal facilities (TSDFs).

Refer to Table in this section for a summary of state financial responsibility requirements.

Administration and enforcement. The DEQ administers and enforces the state's financial responsibility rules.

State Requirements

FINANCIAL ASSURANCE

In North Carolina, there are several financial assurance mechanisms that owners or operators may use alone, or in combination, to demonstrate that they meet financial responsibility requirements sufficient to cover costs of cleanup of environmental damage caused by a spill or a leak, and third-party claims of personal injury or property damage.

Although specific rules should be reviewed to determine allowable instruments, generally, financial mechanisms include:

  • Trust Fund
  • Surety Bond
  • Letter of Credit
  • Insurance
  • Financial Test
  • Guarantee
  • State Funds

See the national section FINANCIAL RESPONSIBILITY for an overview of these financial mechanisms.

Table

FINANCIAL RESPONSIBILITY

CITATION and DESCRIPTION REQUIREMENTS LIABILITY COVERAGE
Solid ...

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