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HomeMy WebLinkAbout30_N1052_INSP_20180215FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 3 UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Davie Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: N1052 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: 2-15-18 Date of Last Inspection: 2-23-17 FACILITY NAME AND ADDRESS: Williams Landworks Inc. 1075 Main Church Rd Mocksville, NC 27028 GPS COORDINATES: N: 35.93563 W: -80.58499 FACILITY CONTACT NAME AND PHONE NUMBER: Name: William R. Hicks Jr. - Owner Telephone: (336) 998-9900 Email address: billy@williamscnst.com Name: Jimmy Summers - Operator Telephone: (336) 399-1004 Email address: jimmy@williamscnst.com FACILITY CONTACT ADDRESS: PO Box 1686 Clemmons, NC 27012 PARTICIPANTS: Michael Hendrix Kim Sue, NCDEQ - Environmental Senior Specialist - Solid Waste Section STATUS OF PERMIT: A Land Clearing and Inert Debris Notification was submitted to Solid Waste Section in January 2011. Notification was recorded with Davie County Register of Deeds on January 7, 2011. PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0566(4) states: “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first”. During the previous inspection, a large amount of waste was exposed on the working face. Mr. David Graley explained the debris had been delivered within the past 60-90 days without being covered within the time frame. Therefore, Williams Landworks Inc. LCID Landfill was found in violation of 15A NCAC 13B .0566 (4). During the inspection conducted on 2-15-18 a large amount of waste was still exposed on the outer most slopes of the landfill. Mr. Michael Hendrix stated staff had applied cover to the exposed waste on the top of the landfill after the last inspection. Mr. Jimmy Summers was not available to be on-site during the inspection. A phone conversation with Mr. Summers was conducted on 2-20-18 to discuss the ongoing issues. It was explained that FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 3 there was some miss communication between Mr. Graley and Mr. Summers after the previous inspection. Mr. Summers stated he will apply cover to the outer most slopes to cover the exposed waste and ensure all waste is kept under an acre or covered monthly, whichever occurs first. A follow up inspection will be conducted in 60 days to verify adequate soil coverage. 2. RESOLVED: 15A NCAC 13B .0566(12) states: “Open burning of solid waste is prohibited”. During the previous inspection, burned wood debris was observed within the landfill. Mr. Graley stated that they burned the wood. Therefore, Williams Landworks Inc. LCID Landfill was found in violation of 15A NCAC 13B .0566(12) for open burning of solid waste. During the inspection conducted on 2-15-18 all burned debris had been covered with adequate soil. Therefore, this violation is considered resolved. Thank you for your cooperation in this matter. OBSERVED VIOLATIONS: None 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. Provide adequate soil coverage to all exposed waste. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 3 ADDITIONAL COMMENTS 1. Access to the site is secured by a gate. 2. The access road into the site was in good condition at the time of the inspection. 3. Ensure all edge of waste markers are visible and maintained. 4. Attached is a copy of an August 10, 2010 letter to First Citizen’s Bank (FCB) noting the existing conditions of the landfill at the time of foreclosure of the property from the previous owner, and future landfill operational conditions. Upon acquisition of this property from FCB, an onsite meeting occurred on January 7, 2011 involving Mr. Billy Hicks with Williams Landworks and Jason Watkins, Central District Supervisor for the Field Operations Branch, Solid Waste Section. The notification of the landfill under Williams Landworks was filed the same day. 5. Based on site observations and through reviewing aerial photos since 2011, it appears the landfill has continued to accept waste. Therefore, to ensure that the facility remains in compliance with the letter noted in item 4 above as well as the rules outlined in the notification document filed with the Davie County Register of Deeds and signed by you, please provide a copy of the original survey map of the landfill footprint that noted the disposal area was at/near 1.99 acres upon receipt of this report. Please note that if the survey indicates that the disposal footprint exceeds the allowed 2 acres or that buffers to property lines, etc. are not being maintained, additional actions will be required by the facility to comply with all laws and rules. Please contact me if you have any questions or concerns regarding this inspection report. __________________________________________ Phone: (704) 235-2163 Kim Sue Environmental Senior Specialist Regional Representative emailed to: William R. Hicks Jr. & Jimmy Summers 2-21-18 X Email Hand delivery US Mail Certified No. Copies: Deb Aja, Western District Supervisor - Solid Waste Section August 10, 2010 First Community Bank Attn: Rusty Schorsch PO Box 5939 Princeton, WV 24740 Re: Summers LCID Landfill – NO599 Davie County, North Carolina Dear. Mr. Schorsch: The Solid Waste Section (Section) has been notified that First Community Bank has acquired (via foreclosure) property previously owned by James W. III and Kim E. Summers located at 1075 Main Church Road near Mocksville, North Carolina. The property contains a Land Clearing and Inert Debris (LCID) Landfill, recorded in the Davie County Registry of Deeds, Book # 461, Pages # 863-65. Based on a site visit conducted by Section staff on July 28, 2010, the landfill was not closed in accordance with NC Administrative Code prior to Mr. and Mrs. Summers being relieved of ownership. During a meeting on August 2, 2010 in the Winston-Salem Regional office with Tim Latham and Matt Osborne of the Division of Land Resources, Land Quality Section, Brent Morris with ReMax Realty and yourself, as well as an on-site meeting on August 3, 2010, we discussed several options for the property in terms of proper closure of the landfill and marketing the property. Based on those discussions, a request was made that I summarize the requirements for closure and further use as it pertains to Solid Waste issues. The following will provide that summary. 1. The approval to operate an LCID landfill that Mr. Summers maintained limited his total disposal area to two (2) acres in accordance with 15A NCAC 13B .0563. On the survey provided to you, it was noted that Mr. Summers was at/near 1.99 acres in surveyed disposal area. Therefore, the continued operation of the current disposal area would be contingent upon approval by the Section and limited only to acceptance of material to fill out existing slopes and potentially expand vertically if allowed by County ordinances. The 2 acre surveyed area footprint would remain intact and only the slopes could be extended upward. Otherwise the landfill area must be closed as described below. Any future disposal and/or other solid waste management activity on this property would require approval of the Section prior to beginning that activity in accordance with the statutes and rules in place at the time of the application. North Carolina Department of Environment and Natural Resources Dexter Matthews, Director Division of Waste Management Beverly Eaves Perdue, Governor Solid Waste Section Dee Freeman, Secretary Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 Phone: 336-771-5000 \ FAX: 336-771-4631 \ Internet: www.wastenotnc.org An Equal Opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper Summers LCID August 3, 2010 Page 2 2. The procedures for proper closure of the LCID area are as follows: a. A minimum of one foot of suitable soil must be applied to the entire disposal area. b. All slopes must be graded to no greater than a 3:1 ratio to allow for proper drainage and long term maintenance. c. Establishment of a permanent stand of grass and/or other groundcover suitable to prevent erosion must occur. Groundcover must meet the requirements of the Erosion and Sedimentation Plan on file for this landfill. Be advised that .0563(2)(d) requires that “when the land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument a statement that the property has been used as a Land Clearing and Inert Debris Landfill and a reference by book and page to the recordation of the notification.” It is noted that some existing waste material may need to be moved to allow for placement of soil cover. Therefore by December 3, 2010, the landfill must be properly closed in accordance with item #2 above. Please notify this office upon completion of the activities needed for closure. As we discussed, improper closure of a landfill would be deemed a violation of the NC Solid Waste Rules and would be subject to civil penalty assessment of up to $15,000 per day per violation. Should a buyer be identified prior to December 3rd, a follow-up meeting prior to closing is requested to ensure all parties are understanding of the legal requirements of owning this property and any needed paperwork that may need to be completed at that time. If you have any further questions, please contact me directly at (336) 771-5092. Sincerely, Jason M. Watkins Central District Supervisor Field Operations Cc (via email): Mark Poindexter, Field Operations Branch Head Hugh Jernigan, Environmental Senior Specialist Tim Latham, DLQ- WSRO Matt Osborne – DLQ - WSRO