4126_OzoneWasteSolution_warningltr_FID1360661_20191101

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Chao, Ming-tai
To:Tim McQueen
Cc:[e-mail]; [e-mail]; Stanley, Sherri;
Patrone, John; Kirchner, Chuck; Aja, Deborah
Subject: permit renewal application, Ozone Waste Solution, 41-26
Dear Mr. McQueen:

The Solid Waste Section (SWS) is officially inform you, the representative of Ozon Wastes Solutions, Permit
No. 41-26 that the readoption of the North Carolina Medical Waste Management Rule is completed and
approved and is effective November 01, 2019. The permit renewal application (FID 1286186) received by the
SWS on March 11, 2019 shall be revised according to the new rules. Additionally, the inspection reports and
your previous e-mail message confirms that the facility is no longer treat & process medical wastes and is
operating and will continue operating as a medical waste transfer facility. Therefore, please submit the revised
permit renewal application by January 31, 2019; the application document shall only apply for a permit for
a medical waste transfer facility, not a medical waste treatment and process facility. This facility permit
approval to operate expired on March 25, 2019. If Ozon Wastes Solutions fails to submit the completed permit
application by January 31, 2019, the SWS will consider to deny the facility permit according to NCGS 130A-
295.8(e). Please contact me if you have any questions of the permit processes. Thank you and have a wonderful
weekend.

From: Tim McQueen <[e-mail]>  
Sent: Tuesday, October 01, 2019 2:00 PM 
To: Chao, Ming‐tai <[e-mail]> 
Subject: [External] Re: Comments on the permit renewal application, Ozone Waste Solution, 41‐26 

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to 
[e-mail] 

Dear Ming, we apologize for the late reply.  I have been out of work due to illness and the changes to the lease (recent 
purchase by a new company) took longer than we had hoped.  I will have the completed permit with all of your 
requirements to you shortly.  Today is my first day back to work in a couple weeks.  We have not operated the ozonator 
and have only operated as previously notified as a transfer facility.  We do intend to restart the ozonator in the future 
and wish to keep our permit as originally planned.    

Sincerely,  
 Ming-Tai, Chao
Environmental Engineer, Solid Waste Section
Division of Waste Management
North Carolina Department of Environmental Quality
919.707-8251 (Office)
[e-mail]
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Tim 

Tim McQueen
[e-mail]
mobile: [phone]
toll free: 877-297-4851
fax: [phone]
www.phdreturns.com

On Mon, Sep 30, 2019 at 2:06 PM Todd Kaufman <[e-mail]> wrote: 

‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐ 
From: Chao, Ming‐tai <[e-mail]> 
Date: Mon, Sep 30, 2019 at 11:25 AM 
Subject: RE: Comments on the permit renewal application, Ozone Waste Solution, 41‐26 
To: [e-mail] <[e-mail]> 
Cc: [e-mail] <[e-mail]>, Stanley, Sherri 
<[e-mail]>, Kirchner, Chuck <[e-mail]>, Patrone, John 
<[e-mail]> 

Dear Ms. Gambardella:  

It has been for five months that the Solid Waste Section (SWS) has not received any info from you or your
company – either responses to the comments dated April 09, 2019 (FID 1318937) or any follow-up of the
intention of how to revise the permit renewal application for Ozone Waste Solutions (OWS), Permit No. 41-
26. The current permit (DIN 20764) for your facility expired on March 25, 2019. If the SWS doesn’t receive
any responses and the revised permit application in time by March 25, 2020, the SWS will exercises NCGS
130A-295.8(e) and deny the permit renewal application which results in activating the site/facility closure
processes. The SWS sincerely hope this friendly e-mail message will restart the communication and resolve
the potential issues that OWS may encounter. Please contact myself if you need any assistance in
understanding the permit processes. Thanks and have a wonderful day. 

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From: Chao, Ming‐tai  
Sent: Tuesday, April 09, 2019 11:56 AM 
To: [e-mail] 
Cc: [e-mail]; Stanley, Sherri <[e-mail]>; Kirchner, Chuck 
<[e-mail]>; Patrone, John <[e-mail]> 
Subject: Comments on the permit renewal application, Ozone Waste Solution, 41‐26 

Dear Ms. Gambardella:  

FID 1318937 

Pursuant to NCGS 150B-21.3A, the Division of Waste Management, Solid Waste Section (SWS) is in the
processes to readapt the current rules managing medical wastes (15A NCAC 13B .1200 Rules). The new rule
is expected to be effective in 2020 and the existing permitted facility manages medical waste treatment,
transfer, and/or storage must be in compliance with new rules within 90 days from the rule effective date. The
draft rule is attached to this e-mail message for your reference. Since the readapted rules may have effect on
your facility daily waste operations/activities, Ozone Waste Solutions (OWS) should decide if the revision of
the Operations Plan (Plan) in the next 5-year permit cycle based on the draft rules is necessary to avoid any
potential interruption to the routine operations at your facility.  

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That being said, OWS must comply and follow the existing Medical Waste Rule - 15A NCAC 13B .1200
Rules till the new rule is effective. Below are comments on the received permit renewal application, please
properly respond the comments or provide essential information to the revised Operations Plan (Plan)/Permit
Application.  

1. The March 2019 cover letter states that OWS is continuing to operate as a medical waste transfer
station which is consistent with the Facility Compliance Inspection Report dated February 26,
2018. Therefore, please add the operation requirements to the Plan according to Rule 15A NCAC 13B.
1205. Additionally, the contact info of the by-pass transporter and designated facility, which will manage,
process, treat, and/or dispose of untreated wastes. For example, in January 2018, OWS contracted to Secure
Waste Inc, in Damascus of Maryland as the by-pass transporter to ship untreated medical waste to Curtis
Bay Energy, in Baltimore of Maryland.  

2. The Facility Compliance Inspection Report dated February 26, 2018 states that non-treated medical
wastes waiting for transfer was stored in a refrigerated box truck. OWS is therefore conducting waste
storage operations at this permitted treatment facility; please add the following operation requirements: 
i. The requirements for operating a medical waste storage to the Plan according to Rule 15A NCAC 13B.
1206. 
ii. Types and maximum amounts of regulated and non-regulated medical waste to be temporarily stored at the
facility.  
iii. The storage location(s) and/or transfer vehicle staging areas must be shown on the facility plan drawing in
Section 2 of the Permit Application. 
iv. Will the by-pass wastes inside the vehicle be temporarily stored at this facility?  

3. Several section titles listed in Table of Contents (TOC) do not match those in the application
document. Please provide a correct TOC.  

4. (Section 1, Item 4) The property owner info is incorrect. On September 30, 2014, OWS informed the
SWS that the property/facility that is leased to OWS for the permitted waste operations/activities had a new
ownership – Lingerfelt Commonwealth Greensboro Sub, LLC. Please provide the correct property own
contact info in Section 1.  

5. (Section 2) Please provide the update info. 
i. The copy of the property deed from Guilford County Register of Deeds which contains the new property
owner should be added to Section 2.  
ii. Provide a copy of the lease agreement. It is imperative that OWS must hold the term of the property lease
agreement longer than the new permit expiration date of March 25, 2024. If the current lease agreement
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expires before the permit expiration date, OWS shall secure a new lease agreement with a term beyond or
ending on the permit expiration date; otherwise, the new permit will expire at the lease expiration date.  

6. (Section 3, Items 13) Does this facility accept non-hazardous waste pharmaceutical for treatment,
transfer or storage? Non-hazardous waste pharmaceutical is a pharmaceutical that is a solid waste, as
defined in 40 CFR part 261.2, but is not listed in 40 CFR part 261 subpart D, and does not exhibit a
characteristic identified in 40 CFR prat 261 subpart C.  

7. (Section 3, Items 13) if the facility accepts non-hazardous waste pharmaceutical for treatment by an
ozonator, please list the wastes that can be treated at this facility, and all supporting documents from
academia, manufacturer, and/or waste industries shall be appended to the Permit Application. 

8. (Section 3, Items 13 & 24) To ensure the facility can only accept the permitted regulated medical
wastes, the Plan should describe the wastes screening processes (including frequency) and the training
credential of the personnel to conduct this task.  
i. At a minimum, waste screening should be conducted at the following check points: 
 The transporter loads up wastes from a waste generator/waste generating facility.  
 After unloading the waste to the tipping floor/floor scale area from a transporting
vehicle. (Reviewing the manifest of the waste type from the transporter is a start but shall not be
end there.) 
 The frequency of conducting a waste screening at each check point. e.g. every load per
shipment.  
ii. The facility can only accept/receive the regulated medical wastes meet the requirements for
packing/bagging, labeling, marking per Rules 15A NCAC 13B .1202(c) & (d) and .1204(a) and recordation
requirement per Rule 15A NCAC 13B .1204(b). 
iii. The Contingency Plan (in Item 24) should describe the approaches to manage (handling and disposal)
unpermitted or conformance wastes (such as hazardous waste or RCRA or DOT regulated wastes)
inadvertently accepted at the facility. If the unpermitted or nonconformance wastes arrived and received at the
facility, OWS shall issue a written record notifying the generating facility that a package of medical waste
received that is not in compliance with the treatment method utilized - Ozonation. A copy of the record shall
be maintained at the OWS facility. 

9. (Section 3, Item 13) According to Item 13, the Ozonator NG-3000 can optimally treat medical waste
containing fraction of liquid up to 20% by weight without adding any absorbent or pretreatment of raw
wastes. The Plan needs to provide the following info: 
i. The procedures (screening measures) to identify or determine if the received wastes requires a pre-
treatment. 
ii. Where the pretreatment is conducted – outside or inside the Ozonator. If outside the Ozonator, are
there any spill presentation measures and safety protocols be implemented? 
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10. (Section 3, Item 16) After treatment, regulated medical waste shall not become putrescent, a nuisance,
and infectious. Putrescent treated regulated medical waste shall be disposed of within three calendar
days. Please add the requirements to the Item 16. 

11. (Section 3, Item 17)  
i. This “Process Control” should describe the function of the “distributed control system (DCS)” for
Ozonator NG-3000. The emergency shutdown control should be described as part of contingency
procedures. 
ii. Should the Ozonator have two chambers? The secondary chamber is a built-in containment to
prevent ozone leakage from the primary/operating chamber if a disaster occurs. Please describe the
containment system to Item 17. 
iii. The Plan should describe routine (weekly and monthly) inspection and maintenance of the ozonator and the
persons’ training requirements to conduct the tasks as stated in the manufacturer’s specifications. The copy of
the manufacturer’s Operations and Maintenance Manual for the Ozonator NG-3000 should be placed in the
facility and may be appended to the Plan. 
iv. For confirmation/verification of the processing efficacy, the stated testing protocols (periodically and
monthly) are different from the manufacturer’s specifications (daily and monthly). Please explain why the
deviations are acceptable. Additionally, the third-party verification test is conducted periodically at OWS
facility. Please specify the test frequency, said every six-month period. 
v. The Facility Compliance Inspection Report dated February 26, 2018 states the ozonator is not operational
since May 2016. Please describe the reactivating procedures (including a written notification to inform the
SWS of the planned activities, at least 14 days prior to reactivating the waste treatment unit) and the
requirements for confirmation / verification of the processing efficacy of the upgraded ozonator. 

12. (Section 3, Item 21) This section should describe the procedures to manage (including handling,
temporarily storing, record-keeping) the received waste that can’t be treated by Ozonator (or by-pass, if it
staged in the vehicle inside the facility) medical wastes at the facility. 

13. (Section 3, Item 27) Please add the following requirement to the Item 27. The exterior of regulated
medical waste storage and transport containers, compactors, trailers, and cargo bays shall be free of solid
waste and solid waste residue at the conclusion of each working day. 

14. (Section 3, Item 30) Should a fire occurs at the facility, OWS should report the incidence to the SWS
within 24 hours and a written notification shall be submitted within 15 days. The SWS has a standardized
report form, OWS can download the form from the weblink below and it can be appended to the Plan as
needed. The link is
at https://files.nc.gov/ncdeq/Waste%20Management/DWM/SW/Forms/FireOccurrenceReport.pdf 

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15. (Section 3, Item 31) The following record keeping requirements must add to the Item 31. 
 A copy of the operations plan shall be kept at the facility and shall be available for review by the SWS during
facility inspections or upon request by the SWS. If the information in the Operations Plan changes, the facility
shall submit a revised operations plan to the SWS for a review and approval prior to activating the revised
operations and update the copies of the plan kept in the facility record. 
 OWS shall maintain a record of the disposal facility’s contact information including the facility name, permit
number, physical location and mailing address, and contact name and phone number. 
 The treatment facility shall maintain operating records and monitoring, testing, and maintenance records for
a period of three years. 
 The facility shall submit an annual report to the SWS in accordance with G.S. 130A-309.09D(b). 
 Required records stated in Comment No. 2 (the storage amount in tonnage of the treated & untreated wastes)
per week Comments No. 8.iii (notification of a generator of receiving non-conformance or hazardous wastes),
No. 18 (the site closure or termination of a permitted activity) and others required by RCRA or DOT. 

16. (Section 3, Item 32) A contingency plan (for the facility) details  
i. Procedure(s) shall be used to prevent medical waste from becoming a nuisance or putrescent, and  
ii. Procedure(s) for abatement if medical waste becomes a nuisance or putrescent.  
iii. The spillage control measures for waste or liquid waste leak at the facility including treatment area, load-off
area, waste-loaded vehicle staging area, and storage areas.  
iv. Identifying risks and describing how the facility will respond to incidents or emergencies, and how regulated
medical waste will be handled or redirected when facilities or transport vehicles are unavailable due to
maintenance, adverse weather, or other emergencies.  

17. (Section 5)  
i. The section describes that two (2) loads will be processed and treated per day, and Section 3, item 14 states
that approximately 20 tons of medical waste will be treated. Will it be correctly to report that a load equals 10
tons for the FA calculation? Please clarify. 
ii. The approved financial assurance (FA) was $19,392 in 2014-dollar value. Since the on-site waste loads are
remained four loads without and all other waste handling & disposal methods do not changed from last permit
cycle. The new FA, after inflation adjustment should be $20,480 in dollar value. The calculations show
below: 
FY Inflation factor (IF) FA (Yr - dollar value)
2014 - $ 19,392  
2015 1.014 $ 19,663  
2016 1.010 $ 19,860  
2017 1.013 $ 20,118  
2018 1.018 $ 20,480  
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Please note that the FA shall be adjusted to 2019-dollar value, but the federal government fails to
provide 2019IF at this moment. If 2019IF is not available at the time the new permit is issued, the
SWS reserves the statuary right and will request OWS to provide the update FA in the FY 2019-2020. 

iii. The facility is also operating as a waste transfer station and a temporarily waste storage unit. The FA must
include the costs for properly disposed of the permitted amount of non-treated/by-pass wastes stored and
consequently transported to an off-site facility per week. This is additional FA and shall be separated from the
FA for wastes that can be treated/processed at the facility.  

18. When OWS ceases the operations of treatment, transfer, or storage, OWS shall submit to the SWS a 
record which shall include the following information within 14 calendar days after receiving the last 
waste load for treatment.  The records are: 
a. A signed statement that treatment, transfer, or storage operations have ceased, and all medical 
waste has been removed. 
b. Digital pictures of the area(s) that was (were) utilized for the treatment, transfer, or storage 
operations taken after operations have ceased and all medical waste have been removed. 
c. Additional information, may be requested by the SWS as needed, pertaining to the treatment, 
transfer, or storage operations if it is necessary to determine compliance with the rules effective at 
that time. 
d. Before the SWS make the permit decision of the site closure, if any of the information associated 
with the site closure is changed, OWS shall submit an updated record to the SWS within 14 calendar 
days. 
e. After the SWS make the permit decision of the site closure, OWS can apply for a new permit for 
operating a medical waste treatment facility according to the law and rule effective at that time.  A 
permit fee may be required. 
Please add the requirements to the Permit Application. 

19. (Section 6 & Appendix 1) The described forms are not included in the application. The attached forms
of Certification of Land Owner (Lingerfelt Commonwealth Greensboro Sub, LLC) and Application
Signature (see attached page) should be properly completed, signed and notarized as indicated on the form. 

20. (Section 7) Provide a schematic diagram to show the waste treatment/process by the Ozonator inside
the facility. 

21. (Section 7) Please add the requested items below to the facility floor plan on Page 7 of the permit
application. Entrance of the building/facility including personnel, raw waste entrance gate (waste into the
building), egress of the treated waste, tipping area/floor scale, waste holding area, waste screening area,
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area to loading waste into hopper of a Ozonator, treatment waste inside the sealed disposed tank and the
area to store. 

Please contact myself if you have any question or request for further clarification of the above-mentioned
comments. Thank you and have a wonderful day.