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HomeMy WebLinkAbout3419_ LowderRecycling&DisposalLLC_TP_PTO_FID1377268_20191121 Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page1 of 8 North Carolina Department of Environmental Quality Division of Waste Management Roy Cooper Michael S. Regan Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 Internet: http://deq.nc.gov/about/divisions/waste-management/solid-waste-section An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY LOWDER RECYCLING & DISPOSAL, LLC (Land Owner & Operator) is hereby issued a PERMIT APPROVAL TO CONSTRUCT NOT APPLICABLE PERMIT APPROVAL TO OPERATE 3419-TP-, LOWDER RECYCLING & DISPOSAL, LLC A SOLID WASTE TREATMENT & PROCESSING FACILITY PERMIT FOR CLOSURE NOT APPLICABLE located at 2480 Griffth Road, Winston-Salem, Forsyth County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is located and described by the legal description identified on the deeds recorded for this property listed in Attachment 1 of this permit. __________________________ Sherri Stanley, Supervisor Permitting Branch, Solid Waste Section Division of Waste Management Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 2 of 8 ATTACHMENT 1 GENERAL PERMIT CONDITIONS/INFORMATION PERMIT APPROVAL TO OPERATE DATA TABLE Permit Number Status Issuance Date Expiration Date FID 3419-TP- Active ##, 2019 December 11, 2024 1377267 FID = File Identification Number. PART I: GENERAL FACILITY 1. This permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management (Division), Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule (Rule) 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts: a Permit Approval to Construct and a Permit Approval to Operate. The Permit Approval to Construct must be implemented in accordance with Attachment 2 of this permit. The Permit Approval to Operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. Intentionally Blank. 4. Intentionally Blank. 5. By receiving waste at the facility, the permittee shall be considered to have accepted the terms and conditions of this permit in accordance with Rule 15A NCAC 13B .0203(d). 6. Construction or operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules (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. Should the approved plan and the rules conflict, the Rules shall take precedence unless specifically addressed by a permit condition. Failure to comply may result in compliance action or permit revocation. 7. 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. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 8. Per N.C.G.S.130A-294(a1) this permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with N.C.G.S.130A-295.8(b). Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 3 of 8 9. In accordance with N.C.G.S. 130A-295.2(g) the permittee shall notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to, a proposed transfer of ownership of the facility or a change in the parent company of the owner or a change in the operator of the facility or parent company of the operator. 10. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including, but not limited to, approval from appropriate agencies for a General or Individual National Pollutant Discharge Elimination System Stormwater Discharge (NPDES) Permit, if applicable and a sedimentation and erosion control permit. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. PROPERTIES APPROVED FOR THE SOLID WASTE MANAGEMENT FACILITY Forsyth County, N.C. Register of Deeds Book Page Grantee Grantor Acres Other Info 2118 4543 Lowder Recycling & Disposal LLC, a North Carolina Limited Liability Company Forsyth/Stratford Ventures, LLC, a North Carolina Limited Liability Company 13.17 Tax Lot 111B of Block 3930; Plot Book 56 & Page 152 Total Site Acreage: 13.17 acres Notes: 1. Deed information is confirmed in an interactive GIS tool for searching tax record and displaying map information for Forsyth County, NC. http://maps.co.forsyth.nc.us/forsythjs/. 2. The permitted waste treatment, processing, and storage units occupies approximate 10.8 acres (FID 1377267). PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable. PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) 3419-TP-, Lowder Recycling & Disposal LLC Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 4 of 8 Permit History Permit Type Date Issued DIN/FID Permit to Construct & Operate (PTO) December 11, 2004 - PTO - 5-yr amendment December 11, 2009 22218 PTO - 5-yr amendment December 11, 2014 22911 PTO - 5-yr amendment ##, 2019 1377267 DIN = Document Identification Number. List of Documents for the Approved Plan DIN/FID DOCUMENT DESCRIPTION 21891 Lowder Recycling & Disposal, Application for Land Clearing & Inert Debris Treatment & Processing Facility Permit to Construct & Operate. Prepared by Gene Lowder, Lowder R&D, LLC. Date June 2003 and revised through November 2004. - Updated Operations Plan for Lowder Recycling & Disposal LLC Facility. July 2009. 22219 Site Plan for Lowder Recycling & Disposal Facility. October 14, 2009. 22910 Updated Operations Plan for Lowder Recycling & Disposal, LLC Facility. December 2014. 28817 Modification of Operations Plan – Section L, Records for Inflow and Outflow for Lowder Recycling & Disposal, LLC Facility. June 27, 2018. 1377267 Operations Plan, Lowder Recycling & Disposal, LLC. Dated August 11, 2019 and revised through November 13, 2019. PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT (S) Not Applicable. - End of Section – ATTACHMENT 2 CONDITIONS OF PERMIT APPROVAL TO CONSTRUCT Not Applicable - End of Section – ATTACHMENT 3 CONDITIONS OF PERMIT APPROVAL TO OPERATE PART I: GENERAL FACILITY OPERATION CONDITIONS 1. The permittee must operate the approved waste operations at the facility according to Rules 15A NCAC 13B .0301 & .0302 and the approved Operations Plan (FID 1377267). 2. The facility must be adequately secured by means of gates, chains, berms, fences, or other means approved by the Section to prevent unauthorized entry. Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 5 of 8 3. A sign shall be posted and maintained at the site entrance providing information on the types of acceptable wastes, permit number, and emergency phone number. 4. Interior roadway must be of all-weather construction and maintained in good condition. 5. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act, N.C.G.S. 113A-50 et seq., and rules promulgated under 15A NCAC 4. The Section must be notified of any approved modifications to the sedimentation and erosion control plan. 6. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 404 or the Clean Water Act, as amended. 7. Open burning of solid waste is prohibited. Fires must be reported to the Regional Environmental Senior Specialist with 24 hours or the occurrence, followed by a written notification within 15 calendar days of the occurrence. 8. Copies of this permit, the approved plans, and all records required to be maintained by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours according to the approved plan (FID 1377267). 9. Pursuant to N.C.G.S. 130A-309.09D(b), on or before August 1 annually, the permittee must submit an annual facility report to the Section, on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The amount by weight of solid waste that was received at the facility. c. The tons of waste recycled, recovered or diverted from disposal. d. The reports shall indicate, to the maximum extent practicable, by weight the county of origin of all solid waste. The completed report must be forwarded to the Regional Environmental Senior Specialist for the facility by the date due on the prescribed annual facility report form. e. A copy of the completed report must be forwarded to each county manager for each county from which waste was received at the facility. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 6 of 8 PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) 3419-TP-20, Lowder Recycling & Disposal LLC 1. This permit shall expire December 11, 2024. Pursuant to N.C.G.S. 130A-294.(a3)(2), the permittee must submit the Section a request for permit review and must update pertinent facility plans including, but not limited to, the facility operation plan. 2. This facility shall only accept wastes listed below according to Rule 15A NCAC 13B .0302(2) and the approved waste stream identified in the approved plan (FID 1377267). The permittee must submit a written request for an approval from the Section prior to receiving additional types of wastes to the facility. a. Land-clearing debris as defined in N.C.G.S. 130A-290(a)(15) means solid waste that is generated solely from land-clearing activities, such as stumps and tree limbs & trunks. b. Uncontaminated soil shall be in compliance with unrestricted use standards, as defined in N.C.G.S. 130A-310.65(12), which are stated in North Carolina Residential Health Base Preliminary Soil Remediation Goals (PSRG) dated May 2019. c. Non-painted, uncontaminated wooden pallet as defined in N.C.G.S. 130A-290(a)(44a). d. Untreated or unpainted wood wastes. e. Yard waste having a high carbon-nitrogen (C:N) ratio. 3. Yard trash, as defined in N.C.G.S. 130A-290(a)(45), including bulk grass clippings, bulk leaves, or bulk bush trimmings is PROHIBITED from being received at this facility. 4. The permittee must actively employ a training and screening program at the facility in accordance with the approved plan (FID 1377267) for detecting and preventing the receipt of nonconforming or unpermitted wastes. 5. Unpermitted or nonconformanced wastes that are inadvertently received at the facility shall be temporarily stored in leak-resistant containers at the designated area. Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 7 of 8 a. If the waste is not recyclable, then the waste must be promptly removed from the facility for proper disposal at an off-site permitted facility according to the approved plan (FID 1377267). b. If the waste such as scrap metals are classified as “recovered material” or “recyclable material” as defined in N.C.G.S. 130A-290(a)(24) and (26), respectively shall be managed as a valuable commodity in a manner consistent with the desired use or end use as described in the approved Operations Plan (FID 1377267). The permittee must operate and manage received recyclables or recovered material at the facility according to the requirements set forth in N.C.G.S. 130A-309.05(c)(1), (2), (3), & (4). 6. The facility has approved 10.8-acre operation and storage areas as shown on the drawing in Attachment 6 of the approved plan (FID 1377267). The average daily waste intake is approximately 20 tons per day which may fluctutate due to weather conditions and economic activities. At any given day, the approved maximum capacity of untreated/unprocessed wastes and products at the facility are 5,000 tons and 7,500 tons, respectively. 7. The dimensions of each windrow is 10 feet hight with a base of approximately 20 fee wide. An eight feet drive lane shall be always maintained. 8. The permittee shall conduct temperature monitoring on the windrow or stockpile of processed material monthly. The thermometer will be inserted into the top and bottom of piles of processed material every 50 liner feet along the windrow or stockpile. Record of temperature monitoring shall be placed in the facility operating record. 9. The windrow or stockpile of processed material must be frequently rotated and/or wetted to prevent spontaneous combustion when the measured temperature reaches 105 degree of Fahrenheit. 10. Composting and curing are not permitted at the facility. 11. A minimum 50-foot buffer must be established and maintained between the boundary of the treatment/processing unit or the storage unit and the facility property line and the on-site drainage features according to the approved plan (FID 1377267). 12. Surface water must be diverted from all operational and storage units to prevent standing water in and around stockpiles. Any leachate generated at the units must be managed to prevent contamination of groundwater and surface water. 13. Water that comes in contact with solid waste is leachate as defined in N.C.G.S 130A-290(a)(16a) shall be contained on-site or properly treated in compliance with the site Facility Permit No.: 3419-TP- Permit Approval to Operate Lowder Recycling & Disposal LLC ##, 2019 FID1377267 Page 8 of 8 specific NPDES permit prior to discharge from the site according to Rule 15A NCAC 13B .0302(3). 14. Pursuant to Rule 15A NCAC 13B. 0302(5), the permittee must implement effective vector control measures that shall be applied to control flies, rodents, and other insects or vermin. 15. No waste grinding and soil screening shall take place in the rainy or windy days. 16. The facility must be operated and maintained with sufficient control measures to minimize or eliminate visible dust emissions which become a nuisance, blowing litter or safety hazard. a. Fugitive dust emissions from the facility that contribute to substantive complaints may be subject the facility to the NC Division of Air Quality requirements as stated in 15A NCAC 2D .0540. b. Waste treatment and processing shall be postponed during periods of high wind to reduce dust and wind-blown material according to the approve Operations Plan (FID 1377267). c. Windblown materials must be collected by the end of each operating day, and no windblown material may be allowed to leave the unit boundary according to Rule 15A NCAC 13B .0302(7). PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT (S) Not Applicable. - End of Permit Conditions -