YWN-64-004_INSP_20200211

NORTH CARnLINAD_E Q�/��
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
YW
X
Transfer
Compost
SLAS
COUNTY: NASH
MSWLF
PERMIT NO.: YWN-64-004
Closed
HHW
White
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: February 11, 2020
FACILITY NAME AND ADDRESS:
Town of Nashville — First St. Location
933 N First Street
Nashville, North Carolina, 27856
GPS COORDINATES: 35.979888°,-77.950329'
Date of Last Inspection: June 6, 2017
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Lee Brown
Telephone: [phone]
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Lee Brown
Director of Public Works
730 S. Smith Street
Nashville, NC 27856
PARTICIPANTS:
Davy Conners, NC DEQ — Solid Waste Section
Drew Hammonds, NC DEQ — Solid Waste Section
Lee Brown, Town of Nashville
STATUS OF PERMIT:
The original Yard Waste Notification application was submitted October 14, 2003. The most recent annual renewal
was submitted June 20, 2016 and expired May 31, 2017.
PURPOSE OF SITE VISIT:
Comprehensive compliance inspection.
STATUS OF PAST NOTED VIOLATIONS:
none
NOTICE OF VIOLATION:
A. § 130A-309.05 (c)(1), "Seventy-five percent (75%), by weight or volume, of the recovered material stored at
a facility at the beginning of a calendar year commencing January 1, shall be removed from the facility
through sale, use, or reuse by December 31 of the same year."
The Town of Nashville is in violation of § 103A-309.05 (c)(1) in that the yard waste material and inert debris,
such as asphalt and concrete, on site has been stockpiled and stored at the facility for more than a year without
processing, using, or selling.
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"' t0E­!�'m"" lW'Ift Solid Waste Section
B. 15A NCAC 13B .0201 (a), "No person shall treat, process, store or dispose of solid waste or arrange the
treatment, processing, storage or disposal of solid waste except at a solid waste management facility
permitted by the Division for such activity, except as provided in § 130A-294(b)."
The Town of Nashville is in violation of 15A NCAC 13B. 0201 (a) in that during the inspection it was observed
that yard waste was being disposed of in the inground water treatment basin. This area is not approved or
permitted for disposal. (Figure])
C. 15A NCAC 13B .1402 (a)(1), "The provisions of this Rule shall apply to the following facilities: facilities
that produce compost or mulch from yard waste or from residues from agricultural products and
processing."
And, 15A NCAC 13B .1402 (e)(6)(A), "Small Type 1 facilities shall have an operations area less than two
acres in size and shall be limited to no more than 6000 cubic yards material onsite at any given time,
including finished product."
The Town of Nashville is in violation of 15A NCAC 13B .1402 (a)(1) and (e)(6)(A) in that the two -acre
operational area has been exceeded and more than 6000 cubic yards of material was onsite at the time of
inspection. Yard waste has been pushed and piled outside the operational area and property line. (Figure 2)
D. 15A NCAC 13B .1402 (g)(1)(B), "The following operations shall be exempt from the permitted
requirements in Rule .1401 of this Section: Small Type 1 facilities meeting the following conditions: ... the
facility operates in accordance with the operational requirements as set forth in Rule .1406(1) through (11)
and (16) of this Section and the setbacks in Rule .1404(a)(1) through (a)(10) of this Section"
And, 15A NCAC 13B .1404 (a)(2), "A 100-foot buffer shall be maintained between all property lines and
compost areas for Type 3 and 4 facilities, 50-foot for Type 1 or 2 facilities."
The Town of Nashville is in violation of 15A NCAC 13B .1402 (g)(1)(B) and .1404 (a)(2) in that a 50 foot buffer
between property lines and the compost area has not been maintained. During the inspection, yard waste was
observed piled at least five feet outside of the property line. The fence surrounding the property had been
knocked down in several areas along the northern, eastern and southern property lines and had yard waste over
and beyond it. (Figure 3)
E. 15A NCAC 13B .1402 (g)(1)(A), "The following operations shall be exempt from the permitted
requirements in Rule .1401 of this Section: Small Type 1 facilities meeting the following conditions:
notification to the Division prior to operation and on an annual basis"
The Town of Nashville is in violation of 15A NCAC 13B. 1402 (g)(1)(A) in that an annual notification has not
been submitted to the Division since June 20, 2016
F. 15A NCAC 13B .1402 (g)(1)(E), "The following operations shall be exempt from the permitted
requirements in Rule .1401 of this Section: Small Type 1 facilities meeting the following conditions: safety
measures shall be taken to prevent fires and access to fire equipment or fire -fighting services shall be
provided"
The Town of Nashville is in violation of 15A NCAC 13B. 1402 (g)(1)(E) in that windrows are not spaced far
enough apart to allow access in the event of afire and there is no access to the backportion of the facility do to
accumulated yard waste material being pushed into the fence line and off the property. (Figure 4)
G. 15A NCAC 13B .1406 (3), "Stormwater shall be diverted from operations area."
The Town of Nashville is in violation of 15A NCAC 13B .1406 (3) in that, during the inspection, stormwater was
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
NORTH CAROLINA
Solid Waste Section
observed ponding in and around the yard waste in several areas. (Figure 5)
H. 15A NCAC 13B .1406 (4), "Leachate shall be contained on site or treated prior to discharge. A National
Pollution Discharge Elimination System (NPDES) permit may be required in accordance with 15A NCAC
02B prior to the discharge of leachate to surface waters."
The Town of Nashville is in violation of15A NCAC 13B .1406 (4) in that large amounts of organic leachate were
observed flowing from the yard waste piles beyond the eastern property line of the site. (Figure 6 and 7)
I. 15A NCAC 13B .1406 (6), "A site shall only accept those solid wastes that it is permitted to receive."
The Town of Nashville is in violation of 15A NCAC 13B. 1406 (6) in that sanitary sewer sludge and street
sweepings have been accepted at the site. The site may only receive yard trash, yard waste, silviculture waste,
and untreated and unpainted wood waste, in accordance with the July 26, 2016 Yard Waste Notification letter.
(Figure 8)
J. 15A NCAC 13B .1406 (11), "Compost process at Type I and Type 2 facilities shall be maintained at or
above 55 degrees Celsius (131 degrees F) for three days and aerated to maintain elevated temperatures.
The Town of Nashville is in violation of 15A NCAC 13B .1406 (11) in that the facility has not been taking
temperatures of and aerating compost windrows.
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.
ADDITIONAL COMMENTS
The Town of Nashville shall come into compliance with all requirements of the rules and regulations in § 130A-309.05
(c)(1) and 15A NCAC 13B .0201 (a), .1402 (a)(1), (e)(6)(A), (g)(1)(A, B and E), .1404 (a)(2), and .1406 (3, 4, 6, and
11) by completing the following:
Corrective Actions
1. Immediately cease accepting ANY additional waste at the facility. Do not resume accepting yard waste,
yard trash, silviculture waste, and untreated and unpainted wood until all corrective actions have been
completed and verified by the Section.
2. Immediately cease accepting waste that the site is NOT permitted to receive.
3. Immediately take action to stop the flow of organic leachate off site.
4. By April 27, 2020, remove ALL yard waste, yard trash, wood waste, and inert debris from the site. This
includes waste in the water treatment basin and waste outside the property limits of the facility. Because
these materials have not been managed in accordance with the rules and do not meet the conditional
requirements for recovered materials under the general statute, the materials cannot be sold or given to
the public and must be disposed of at a Land Clearing and Inert Debris Landfill permitted or notified by
the Division of Waste Management.
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"'—t0E-!�'m"" lW'Ift Solid Waste Section
5. By April 27, 2020, remove ALL street sweepings and sludge from the site. These wastes must be disposed
of at a Municipal Solid Waste Landfill permitted by the Division of Waste Management to receive such
waste.
6. By April 27, 2020, provide proof of disposal by submitting all solid waste management facility receipts
where the waste is disposed to the Solid Waste Section. Receipts for disposal of all the waste should be
mailed or emailed to the following address:
Davy Conners
DWM, Solid Waste Section
1646 Mail Service Center
Raleigh, NC 27699-1646
[e-mail]
7. By April 27, 2020, repair the site so that surface water is diverted from operations area and leachate is
not generated in future yard waste windrows.
8. By April 27, 2020, complete a Yard Waste Renewal form, which can be found at the following website:
https://edocs.deq.nc.gov/Forms/wm renew yw .
9. No waste shall be accepted at this facility until all conditions of compliance have been met.
Attachment 1 contains photos taken during the inspection. Please contact me if you have any questions or concerns
regarding this inspection report.
Digitally signed by Davy Conners
DN: cn=Davy Conners, o=Division of Waste
Management, ou=Solid Waste Section,
mail=[e-mail], c=US
Date: 2020.03.20 14:25:59-04'00'
Davy Conners
Environmental Senior Specialist
Regional Representative
Email: [e-mail]
Phone: [phone]
Sent on: March 20, 2020
Email
Hand delivery
X
US Mail
Certified No. r7008 0150
0000 3068 53021
Copies: Andrew Hammonds, Eastern District Supervisor Solid Waste Section
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"—t0E-!�'m"""°"""' Solid Waste Section
Attachment 1
Inspection Photos, February 11, 2020
Figure 1: Yard waste disposed of in water treatment basin.
Figure 2: Yard waste outside the 2-acre property limit.
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NORTH CAR()LINAD_E Q��
OepaNnent of Envieonmenbl Wel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Figure 3: Yard waste pushed beyond the property line and fence line. 50 foot buffer not maintained.
Figure 4: Windrow spacing does not allow for access in the event of afire.
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NORTH CAR()LINAD_E Q��
OepaNnent of Envieonmenbl Wel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Figure 5: Surface water ponding in and around the yard waste.
Figure 6: Organic leachate flowing offsite.
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NORTH CAR()LINAD_E Q��
OepaNnent of Environmental 0uali�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Figure 7: Organic leachate flowing from the site on to the property east of the site.
Figure 8: Sludge comingled with street sweepings.
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