HomeMy WebLinkAbout4118_NOV_20180405
State of North Carolina | Environmental Quality | Waste Management
PO Box 16202 | High Point | North Carolina 27261
336 776 9673
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
April 5, 2018
CERTIFIED MAIL: 7011 1570 0001 8545 5981
RETURN RECEIPT REQUESTED
CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC
160 Mine Lake Court, Suite 200
Raleigh, NC 27615‐6417
SUBJECT: Notice of Violation (NOV)
Compliance Inspection Report
Bishop Road Transfer Station
41‐18
Guilford County
Dear Registered Agent:
On March 27, 2018, John Patrone, representing the State of North Carolina, Division of Waste
Management ‐ Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. Mr. Bobby Needham was present
and represented the Republic Services of North Carolina LLC – Bishop Road Transfer Station
during the inspection. The following violations were noted:
15A NCAC 13B .0402(6), “Equipment shall be provided in the storage and charging areas and
elsewhere as needed or as may be required to maintain the facility in a sanitary condition.” The
middle left side of the transfer station tipping floor collapsed forming a large hole that appeared
to extend through the concrete floor to the soil underneath. Mr. Bobby Needham stated that
the concrete floor began to break apart over a two‐week period in the beginning of February
2018 and that the floor collapsed in late February 2018.
15A NCAC 13B .0203(d), “By receiving solid waste at a permitted facility, the permittee(s) shall
be considered to have accepted the conditions of the permit and shall comply with the conditions
of the permit.” Conditions of the permit were not complied with per the following:
1. Permit Condition in Attachment 3, Conditions of Permit to Operate, Part VI ‐ Number 11,
“All water that comes in contact with solid waste, including vehicle wash‐down water, is
leachate and must be captured and properly treated before release to the environment.”
The leachate observed in the collapsed tipping floor/hole appeared to have a direct route
to the soil underneath.
Republic Services of North Carolina, LLC – Bishop Road Transfer Station
Notice of Violation
Page 2 of 3
April 5, 2018
2. Permit Condition in Attachment 3, Conditions of Permit to Operate, Part VI ‐ Number 11
(a) states, “The leachate control system, such as floor drains, leachate collection devices,
sanitary sewer connections and leachate storage tanks, must be operational during
facility operations.” The leachate control system at the collapsed tipping floor/hole did
not function as designed.
3. Permit Condition in Attachment 3, Conditions of Permit to Operate, Part VI ‐ Number
11(b) states, “The tipping floor must drain away from the building entrance and into the
leachate collection system.” The leachate observed in the collapsed tipping floor/hole
did not drain into the leachate collection system. The leachate appeared to have a
pathway into the environment by way of the surrounding soil.
Based upon the foregoing, the Republic Services of North Carolina, LLC ‐ Bishop Road Transfer
Station shall come into compliance upon receipt of this Notice of Violation (NOV) with the
requirements of regulation 15A NCAC 13B .0402(6) and 15A NCAC 13B .0203(d) and with the
Permit Condition in Attachment 3, Conditions of Permit to Operate, Part VI ‐ Numbers 11, 11(a),
and 11(b) by completing the following:
1. Immediately ensure that the collapsed tipping floor/hole is free of visible MSW and
leachate/liquid. The area shall be effectively cordoned off to prevent MSW and
leachate/liquid from further accumulating in the collapsed area/hole.
2. The soil exposed in the area of the collapsed tipping floor/hole shall be tested for 40 CFR
258, Appendix 1 metals and organics constituents and BOD, COD, phosphates, nitrates,
sulfates, and pH. Lab results shall be submitted to the Section for review and any
exceedance of the standards may result in excavation and disposal of contaminated soils.
Submit a sampling plan in electronic format sent via email for Section approval prior to
sampling. Conduct subsurface soil sampling at specific locations including a background
soil location to evaluate the extent of the potential environmental impacts from the
release at the facility. Discrete subsurface soil samples should be collected between one
to two feet below ground surface. Please include the proposed sampling methodology
and a map depicting the proposed sampling locations.
3. The collapsed tipping floor shall be repaired as soon as possible after a determination on
the soils has been completed. A North Carolina certified engineer shall approve, to
include his/her engineer’s seal, the repair plans and as‐built repairs and shall submit those
as‐builts to the Section to be included in the facility public record. Based on conversations
between Section management and Republic Services of North Carolina, LLC, a temporary
fix without PE certification would be allowed if plans are to be submitted for replacement
of the entire tipping floor system within 60 days of receipt of this NOV.
4. Provide a written plan to ensure this type of violation does not occur in the future. The
plan should include routine inspection of the transfer station tipping floor, daily cleaning
of the tipping floor, and weekly or monthly washing of the tipping floor.
5. A timeline for the completion of numbers 2 through 4 shall be submitted to the Section
by April 23, 2018.
Republic Services of North Carolina, LLC – Bishop Road Transfer Station
Notice of Violation
Page 3 of 3
April 5, 2018
6. Notify Mr. Patrone when item number 1 is complete. An inspection to ensure compliance
will be conducted.
All correspondence shall be submitted via email at john.patrone@ncdenr.gov.
The violations 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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
follow‐up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions please contact me at 336‐776‐9673 or at John Patrone, DWM‐SWS, PO
Box 16202, High Point, North Carolina 27261.
Sincerely,
John Patrone
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
copies: Ed Mussler, Section Chief ‐ SWS
Jason Watkins, Field Operations Branch Head ‐ SWS
Deb Aja, Western District Supervisor ‐ SWS
Adam Ulishney, Environmental Compliance Branch Head ‐ SWS
Jessica Montie, Compliance Officer – SWS
Ming‐Tai Chao, Environmental Engineer – SWS
Derek Bouchard, Environmental Manager ‐ Republic Services of North Carolina,
LLC (DBouchard@republicservices.com)
Bobby Needham, Division Manager ‐ Republic Services of North Carolina, LLC
(bneedham@republicservices.com)