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HomeMy WebLinkAboutSLAS8511_INSP_20180111FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 5 UNIT TYPE: Lined MSWLF LCID YW Transfer Compost SLAS X COUNTY: Stokes Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: SLAS-85-11 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: 1/11/2018 Date of Last Inspection: 6/21/2017 FACILITY NAME AND ADDRESS: B & M Septic Tank, Inc. 3639 Beasley School Road Snow Creek, NC 27042 GPS COORDINATES: N: 36.52618° W: 80.08714° FACILITY CONTACT NAME AND PHONE NUMBER: Name: Joshua Branscome Telephone: (336) 403-2791 Email address: kim@bmseptic.com FACILITY CONTACT ADDRESS: P.O. Box 37 Lawsonville, NC 27022 PARTICIPANTS: Troy Harrison, NC Solid Waste Section Kim Sheppard, B & M Septic Tank Darrell Inman, B & M Septic Tank, Inc. STATUS OF PERMIT: Active Issued: May 12, 2011 Expired: May 12, 2016* *Permit under review PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0838 (a) (18) states: “Approved nutrient management plans shall be followed”. The approved nutrient management plan states: “Land application will be rotated between 3 fields on 30-day increments, this will allow for the 30-day wait for harvest of crops.” On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (18) because the most recent land application began at the entrance to Field 1, through Field 2 and ended in Field 3. The three fields were essentially being managed as one large field. During the inspection on January 11, 2018, Fields 1 and 2 were still observed to be basically managed as one field with the majority of the septage land applied to Field 1. Field 1 was also observed to be in a substantially damaged condition with a damaged or dead fescue crop. The violation is not resolved. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 5 A Notice of Violation was issued on June 30, 2017; in order to resolve the violation, B & M Septic Tank Inc. must: a. Immediately manage the site (in regards to septage applications, the 30-day waiting period and harvest) as three separate fields as required by the nutrient management plan, and b. Immediately cease use of Field 1; in accordance with 15A NCAC 13B .0838(a)(19) which states: “Land application sites or portions of land application sites that do not follow the approved nutrient management plan shall not be used for land application until brought into compliance with the nutrient management plan”. Land application on Field 1 may not resume until the violation is resolved and inspected by the Solid Waste Section. 2. 15A NCAC 13B .0838 (a) (12) states: “All septage discharges, including aerial drift from discharges, shall be made within the permitted boundaries of the land application site”. On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (12) because septage was observed outside of the permitted land application boundary. During the inspection on January 11, 2018, septage was again observed outside of the permitted land application boundary at the entrance to Field 1. The violation is not resolved. A Notice of Violation was issued on June 30, 2017; in order to resolve the violation, B & M Septic Tank Inc. must immediately cease land any discharges of septage outside of the permitted field boundaries and remove any septage and trash that has been in contact with septage and properly disposed. 3. 15A NCAC 13B .0838 (a) (9) states: “Septage shall not be applied to a site if the application method will result in ruts greater than three inches in the soil surface”. On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (9) because several ruts greater than 3 inches in depth were observed in Field 1. During the inspection on January 11, 2018, several ruts greater than 3 inches in depth were again observed in Field 1. The violation is not resolved. A Notice of Violation was issued on June 30, 2017; in order to resolve the violation, B & M Septic Tank Inc. must repair damage caused by the ruts by February 9, 2018. 4. 15A NCAC 13B .0838 (a) (10) states: “Disposal area boundaries shall be clearly marked on the ground while a site or any portion of a site is in use”. On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (10) because several boundary markers were down on fields receiving septage land applications. During the inspection on January 11, 2018, field boundary markers were observed to have been replaced. The violation is resolved. OBSERVED VIOLATIONS: 1. 15A NCAC 13B .0838 (c) (2) states: “Permit holders of all septage land application sites shall have all records and certifications required to be kept available for review during any announced site inspections by the Division”. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 5 On January 11, 2018, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (c) (2) because records were not made available as requested. 15A NCAC 13B .0838 (c) (1) states that “permit holders of sites receiving septage shall maintain a log which meets the requirements of 40 CFR Part 503.17(b)”. A sample copy of a septage land application log which meets the federal requirements is included with this report. In order to resolve the violation, B & M Septic Tank Inc. must, by February 9, 2018 submit the land application records for 2016, 2017 and January 2018 to: Troy Harrison Environmental Senior Specialist 2090 US Highway 70 Swannanoa, NC 28778 or troy.harrison@ncdenr.gov ADDITIONAL COMMENTS 1. All photographs were taken by Troy Harrison on January 11, 2018. 2. The Septage Land Application Site (site) consists of Field 1 (3.50 acres), Field 2 (3.19 acres) and Field 3 (5.02 acres) for a total of 11.71 usable acres. 3. There are two entrance roads to the fields. One was in good repair; however, the other had a deep rut which will need repair. A “No Trespassing” sign was posted and clearly visible. 4. During the inspection on June 21, 2017, several field disposal area boundary markers that were observed during the previous inspection were either missing or on the ground. These were observed to have been replaced. 5. During the inspection on June 21, 2017, it was observed that septage discharges appear to have been made within the disposal area boundary with two exceptions. of an area on the gravel road at the entrance to Field 1 and the area between Fields 2 and 3. Septage was observed on the gravel road near the beginning of Field 1. Septage was observed to have been land applied between Fields 2 and 3 which are not connected. In addition, septage was land applied on both sides of a boundary marker. During the current inspection, septage was again observed at the entrance to Field 1 and outside of the boundary marker. The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 5 Septage land applied at the entrance to Field 1 outside of the boundary marker 6. During the inspection on June 21, 2017, Fields 1, 2 and 3 were observed to have been partially cut around the perimeter while the interior of the fields remained uncut. In addition, the most recent land application began at the entrance to Field 1, through Field 2 and ended in Field 3. The three fields were essentially being managed as one large field. During the current inspection, all the fields had been cut; however, it still appears that Fields 1 and 2 are being managed as one field with Field 1 receiving the bulk of the land application. In addition, Field 1 was observed to be in a substantially damaged condition with a damaged or dead fescue crop (See photos below). As mentioned in the previous inspection report, the nutrient management plan (NMP) requires that land application be rotated between the three fields on 30-day increments to allow for the 30-day wait for the harvest of crops. The NMP requires the fescue to be cut as hay when it reaches approximately 12 inches in height or about 4-6 weeks beginning in May. 7. During the inspection on June 21, 2017, several ruts greater than 3 inches in depth were observed in Field 1. State regulations require septage not be applied if the application method will result in ruts greater than three inches in depth. During the current inspection, several ruts were again observed in Field 1. (see photos below). Ruts in Field 1 Entrance to Field 1 8. No objectionable odors were observed. 9. A request was made to provide the land application records as required by 15A NCAC 13B .0838(d)(c)(2) during the pre-arranged inspection. The records were not made available. 10. It has come to the attention of the Solid Waste Section that you are turning over operation of this company to Kim Sheppard while maintaining ownership of the company; this is based on information from Ms. Sheppard. To operate a septage management company, Ms. Sheppard must: a. Submit the appropriate permit applications to add or replace with Ms. Sheppard’s name to the FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 5 B & M Septic Tank, Inc. firm, SLAS and SDTF permits. b. Attend a New Septage Pumper Class, and c. Attend a New Site Operator’s Class. The classes are typically held at the Fayetteville Regional Office in Fayetteville, NC. Please contact Chester Cobb at 919-707-8283 or chester.cobb@ncdenr.gov or Connie Wylie at 910-433-3352 or connie.wylie@ncdenr.gov for registration or further information on the classes. Please contact me if you have any questions or concerns regarding this inspection report. _________________________________________ Phone: (828) 296-4701 Troy Harrison Environmental Senior Specialist Regional Representative Sent on: 1/26/2018 X Email Hand delivery US Mail X Certified No. 7016 1370 0001 6571 5446 Copies: Adam Ulishney, Environmental Compliance Branch Head Chester Cobb, Environmental Compliance Branch Connie Wylie, Environmental Compliance Branch