HomeMy WebLinkAbout4117_NOV_20190220North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
February 20, 2019
CERTIFIED MAIL 7008 3230 0000 9861 7181
RETURN RECEIPT REQUESTED
A‐1 Sandrock, Inc.
Attn: Ronnie Petty, Owner
2091 Bishop Road
Greensboro, NC 2746
SUBJECT: Notice of Violation
Compliance Inspection Report
A‐1 Sandrock, Inc. C&D Landfill
Permit Number 41‐17
Guilford County
Dear Mr. Petty:
On February 5, 2019, Chuck Kirchner, Deborah Aja and Ming Chao, representing the State of
North Carolina, Division of Waste Management Solid Waste Section, inspected the above
referenced facility for compliance with North Carolina solid waste statutes and rules. Jason
Tarkenton, Landfill Supervisor was present and represented A‐1 Sandrock, Inc. during this
inspection. The following violations were noted:
A. 15A NCAC 13B .0542(f)(1) states: “Except as provided in Subparagraph (3) of this Paragraph,
the owners and operators of all C&DLF units must cover the solid waste with six inches of
earthen material when the waste disposal area exceeds one‐half acre and at least once weekly.
Cover must be placed at more frequent intervals if necessary to control disease vectors, fires,
odors, blowing litter, and scavenging.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0542(f)(1) in that an area exposed
waste that was observed adjacent to the access road, near the east side of Cell 3A
construction. Facility staff confirmed that this area of waste was exposed during
preliminary grading in Cell 3A and had not been covered at least once weekly.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 2 of 7
February 20, 2019
In addition, waste was exposed at the toe of the landfill slope in the approximate
location where Cell 2A and Cell 2B meet on the west side of the landfill. These areas
were observed uncovered by Section staff on January 7, 2019 during a site visit
pertaining to permit items and facility staff were notified of the need to take corrective
action. The waste observed at the toe of the landfill slope was exposed by pumping
stormwater through the area from the new cell construction.
B. 15A NCAC 13B .0542(g)(2) states: “Solid waste must be compacted as densely as practical
into cells.”
A‐1 Sandrock is in violation of 15A NCAC 13B .0542(g)(2) in that the waste in the lower
portion of the active disposal area was not compacted as densely as practical into
cells. The waste could not be properly compacted due to the slope and drop‐off to
the new cell construction. Because the waste was not properly compacted it
contributed to windblown litter at the site and the waste had the potential to fall into
the new cell construction area. To achieve compliance A‐1 Sandrock must
immediately properly compact the waste as densely as practical into cells.
C. 15A NCAC 13B .0542(g)(3) states: “Appropriate methods such as fencing and diking must be
provided within the area to confine solid waste which is subject to be blown by the wind. At the
conclusion of each operating day, all windblown material resulting from the operation must be
collected and disposed of by the owner and operator.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0542(g)(3) by having excess
windblown trash on the slope and along the toe of the landfill slope in the approximate
location where Cell 2A and Cell 2B meet on the west side of the landfill. This area was
observed and discussed between Jason Tarkenton, Certified Landfill Operations
Specialist, A‐1 Sandrock, Inc., the facility’s consultant, David Garrett, and Section staff
during the January 7, 2019 site visit.
To achieve compliance with 15A NCAC 13B .0542(g)(3) A‐1 Sandrock, Inc. must, at the
conclusion of each operating day, collect and dispose of all windblown material resulting
from the operation. The large working face and lack of proper compaction is likely
contributing to the generation of windblown litter and must be addressed.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 3 of 7
February 20, 2019
D. 15A NCAC 13B .0203(d) states: “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.”
Permit to Operate No. 4117, Attachment 1, General Permit Conditions/Information, Part I,
General Facility Permit Condition 6 states in part, “Operation of this solid waste management
facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article
9 of the Chapter 130A of the North Carolina General Statutes (N.C.G.S. 130A‐290, et seq.), the
conditions contained in this permit, and the approved plan.”
Permit to Operate No. 4117, Attachment 1, General Permit Conditions/Information, Part I,
General Facility Permit Condition 7 states in part, “This permit is issued based on the
documents submitted in support of the application for permitting the facility including those
identified in the ‘List of Documents for the Approved Plan’ which constitute the approved plan
for the facility.” Permit to Operate No. 4117, Attachment 1, General Permit
Conditions/Information, Part III, Construction and Demolition Debris Landfill Units (October
2017) lists in part ‘Permit to Operate Application, A‐1 Sandrock C&D Landfill, Phase 2A, Solid
Waste Permit 41‐17‐CDLF‐2008,’ as one of the documents for the Approved Plan. The
approved Permit to Operate Application General Facility Operations Plan, Section 5.10.1,
Inspections and Maintenance states: “All aspects of the facility operation are subject to the
requirements of 15A NCAC 4, the Sedimentation and Erosion Control rules. Runoff measures for
this facility were designed in accordance with this rule and approved by the now NCDEQ
Division of Energy, Minerals and Land Resources, Land Quality Section. Approved S&EC
measures shall be installed and maintained throughout the operational life of the facility and
into the post‐closure period (see Closure/Post Closure Plan, Section 7.0). Measures to curtail
erosion include vegetative cover and woody mulch as ground cover. Measures to control
sedimentation include stone check dams in surface ditches, sediment traps and basins. As of
March 2013, all exposed soils, regardless of whether they are inside or outside the disposal
area, shall be vegetated or otherwise stabilized within 15 days after any given area is brought to
final grade.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0203(d) and General Facility Permit
Condition 6 by failing to install and maintain adequate sediment control measures per
an approved S&EC plan and failure to stabilize disturbed areas.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 4 of 7
February 20, 2019
E. 15A NCAC 13B .0542(k)(1) states: “Adequate sediment control measures consisting of
vegetative cover, materials, structures or devices must be utilized to prevent sediment from
leaving the C&DLF facility.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0542(k)(1) by failing to install and
maintain adequate sediment control measures sufficient to prevent sediment loss off
site. During the inspection it was noted that sediment left the property and went down
to a creek on the east side of the site below the new borrow area and from the outside
ditch line along the east side access road.
F. 15A NCAC 13B .0542(k)(2) states: “Adequate sediment control measures consisting of
vegetative cover, materials, structures or devices must be utilized to prevent excessive on‐site
erosion of the C&DLF facility or unit.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0542(k)(2) by failing to install and
maintain adequate sediment control measures and establish grass cover sufficient to
prevent excessive on‐site erosion. During the inspection it was noted that sediment rills
have formed on several interior slopes, excessive sediment load is in the interior ditch
line and there is excessive erosion along the toe of the slope below Cell 2A.
G. 15A NCAC 13B .0542(l)(4) states: “Leachate must be contained on‐site or treated prior to
discharge.”
A‐1 Sandrock, Inc. is in violation of 15A NCAC 13B .0542(l)(4) by failing to prevent
leachate from leaving the edge of waste in the approximate location where Cell 2A and
Cell 2B meet on the west side of the landfill. Stormwater was pumped from the new cell
construction along the toe of the slope of Cell 2A, exposing waste. This activity exposed
waste, and as pumping activities continued the stormwater that came in contact with
waste was discharged as leachate into the stormwater conveyance ditch.
To achieve compliance with 15A NCAC 13B .0542(l)(4) A‐1 Sandrock, Inc. submit a soil
sampling plan within 10 days of the receipt of this inspection report to Christine Ritter,
Hydrogeologist, Environmental Compliance Branch (919‐707‐8254 or by email at
christine.ritter@ncdenr.gov). On February 7, 2019, Ms. Ritter emailed Jason Tarkenton
guidelines to conduct sampling. Additional measures may be required upon review of
sampling analytical test results.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 5 of 7
February 20, 2019
Based upon the foregoing, A‐1 Sandrock, Inc. shall come into compliance by March 30, 2019 or
as otherwise indicated below with all requirements of the regulations in 15A NCAC
13B .0542(f)(1); 15A NCAC 13B .0542(g)(2); 15A NCAC 13B .0542(g)(3); 15A NCAC 13B .0203(d);
15A NCAC 13B .0542(k)(1); 15A NCAC 13B .0542(k)(2) and 15A NCAC 13B .0542(l)(4) by
completing the following:
1. All exposed waste must be covered with a minimum of 6‐inches of earthen material
within 7‐days of receipt of the Notice of Violation. Areas which will not have additional
wastes placed on them for 12‐months or more, but where final termination of disposal
operations has not occurred, shall be covered with a minimum of 1‐foot of intermediate
cover.
2. Ensure working face is properly compacted, especially at lower part of slope.
3. At the conclusion of each operating day, collect and dispose of all windblown material
resulting from the operation.
4. Stabilize disturbed areas not actively graded within 15 days.
5. Immediately install erosion control measures sufficient to prevent sediment loss from
site below new borrow/fill area.
6. Ensure all disturbed areas and future proposed disturbed areas on the northeast corner
of site are within an approved Sediment and Erosion Control (S&EC) plan limits of
disturbance and erosion control measures are installed per the approved plan. A‐1
Sandrock, Inc. must be able to demonstrate compliance with applicable erosion control
regulations.
7. Remove accumulated sediment from ditch line on east side of site and repair and
stabilize ditch line.
8. Remove accumulated sediment from basin and ensure discharge pipe is functioning per
the Sediment and Erosion Control (S&EC) plan design.
9. Divert interior flow from borrow waste area along east side of access road on east side
of site into ditch line going to sediment basin as discussed in the field. Ensure sediment
basin is re‐sized if necessary to accommodate additional drainage area.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 6 of 7
February 20, 2019
10. Repair and stabilize toe of slope below Phase 2A.
11. Stabilize additional borrow/fill area with 2” of mulch or grass cover sufficient to prevent
erosion.
12. Repair and stabilize eroded rills on slopes throughout site.
13. Submit a soil sampling plan within 10 days of the receipt of this inspection report to
Christine Ritter, Hydrogeologist, Environmental Compliance Branch (919‐707‐8254 or by
email at christine.ritter@ncdenr.gov ). On February 7, 2019, Ms. Ritter emailed Jason
Tarkenton guidelines to conduct sampling. Additional measures may be required upon
review of sampling analytical test results.
A‐1 Sandrock, Inc. shall provide a written certification with supporting documentation on
company letterhead confirming the noted compliance schedule has been completed. Include in
this certification any actions taken to prevent these violations from occurring in the future. Mail
this certification to Chuck Kirchner at 450 W. Hanes Mill Road, Suite 300, Winston‐Salem, NC
27105 by the noted compliance date.
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
a follow‐up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
(336) 776-9800
A‐1 Sandrock, Inc.
Notice of Violation
Page 7 of 7
February 20, 2019
If you have any questions, please contact me at (336) 776‐9633 or e‐mail
Chuck.Kirchner@NCDENR.gov.
Sincerely,
Chuck Kirchner
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head, SWS
Deb Aja, District Supervisor, SWS
Jessica Monte, Environmental Program Consultant, SWS
Matthew E. Gantt, P.E., Regional Engineer, DEMLR