YWN-64-004_NOV_20200211

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
March 20, 2020
CERTIFIED MAIL 7008 0150 0000 3068 5302
RETURN RECEIPT REQUESTED
Randy Lansing
Town of Nashville Manager
499 South Barnes Street
P.O. Box 987
Nashville, NC 27856
SUBJECT: Notice of Violation
Compliance Inspection Report
Town of Nashville — First Street Location
YW N-64-004
Nash County
Dear Mr. Lansing:
On February 11, 2020, Davy Conners and Andrew Hammonds, 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. Lee Brown,
Director of Public Works, was present and represented the Town of Nashville during this
inspection. The following violations were noted:
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.
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
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NORTH CAROLINA Q
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Town of Nashville — First Street Location
Notice of Violation
Page 2of5
March 20, 2020
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.
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 at the time of inspection. Yard waste has
been pushed and piled outside the operational area and property line.
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.
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"
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NORTH GAROIINAD_E QU
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Town of Nashville — First Street Location
Notice of Violation
Page 3of5
March 20, 2020
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 back portion of the facility do to accumulated yard waste material being pushed into
the fence line and off the property.
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 observed ponding in and around the yard waste in several
areas.
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 of 15A 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.
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.
J. 15A NCAC 13B .1406 (11), "Compost process at Type 1 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.
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Town of Nashville — First Street Location
Notice of Violation
Page 4 of 5
March 20, 2020
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.
Based upon the foregoing, Town of Nashville — First Street Location 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.
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]
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NORTH GAROIINAD_E QU
Dep.d.e.t pt Emirenme. 1 0—Ifty
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Town of Nashville — First Street Location
Notice of Violation
Page 5 of 5
March 20, 2020
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:lledocs.deq.nc.gov/Forms/wm renew ywn.
9. No waste shall be accepted at this facility until all conditions of compliance have been
met.
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.
If you have any questions, please call me at [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Davy Conners
DN: cn=Davy Conners, o=Division of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2020.03.20 13:19:17-04'00'
Davy Conners
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Amanda Freeman, Compliance Officer
Lee Brown, Town of Nashville Director of Public Works
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NORTH CAROLINA Q
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200