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HomeMy WebLinkAboutN1058_INSP_20200327FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 7 UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Scotland Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: N1058 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: March 27, 2020 FACILITY NAME AND ADDRESS: Edge’s 501 LCID Landfill Aberdeen Road (U. S. Highway 501) Marston, NC 28363 GPS COORDINATES: N: 34.90082 W: -79.44627 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Lyndon B. (Bo) Frizzell Office: 910-277-2518 Cell: 910-334-2760 Email address: bofrizzell32615@gmail.com FACILITY CONTACT ADDRESS: P.O. Box 221 Wagram, NC 28396 PARTICIPANTS: David Powell, NC DEQ, Solid Waste Section Drew Hammonds, NCDEQ, Solid Waste Section STATUS OF PERMIT: LCID LF Notification; notified November 30, 2004 and recorded with the Scotland County Register of Deeds LCID LF Notification letter mailed to Mr. James F. Edge, December 10, 2004 PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: N/A NOTICE OF VIOLATION: A. 15A NCAC 13B .0105 (a), States that “The solid waste collector shall be responsible for the collection and transportation of all solid waste to a solid waste management facility as defined in G.S. 130A-290 that is permitted by the Division.”. You have collected and transported solid waste to a site that is not a permitted solid waste management facility for this type of activity. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 7 B. 15A NCAC 13B .0105 (b), States that “The solid waste collector shall transport to a site or facility only those solid wastes that are allowed by facility permit.”. You have collected and transported industrial solid waste and construction and demolition solid waste to a site that is not permitted to receive such waste. C. 15A NCAC 13B .0201 (c), States that “No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a currently valid permit issued by the Division for the specified type of disposal activity. It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.”. At the time of this inspection, the waste onsite was beyond the previously approved less than 2 acre limitations for the Notified LCID. A permit is required to operate a facility larger than 2 acres. D. NCAC 13B .0564 (9), States that “The facility shall meet the following buffer requirements, (b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.”. At the time of this inspection, the property markers were not visible. The county GIS appears to show the LF within 100’ of the property line. The property lines should be clearly marked to ensure that the 100’ buffer is maintained between the edge of waste and the adjacent property in accordance with 15A NCAC 13B .0564 (9) (b). E. 15A NCAC 13B .0566 (2), States that “The facility shall only accept those solid wastes which it is permitted to receive.” At the time of this inspection, Construction and Demolition (C&D) solid waste (treated flooring/dimensional lumber, plastic, painted block), 5 gallon buckets and comingled Municipal Solid Waste and industrial waste (pellet/saw dust) was observed dumped on this property outside the limits of the NLCID. These wastes are not approved for disposal in an LCID landfill. (Some waste was observed along edge of LCID and some waste was observed outside of notified LCID, spread out and pushed into water south side of the NLCID). F. 15A NCAC 13B .0566 (3), States that “Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells. At the time of this inspection, there was exposed piles of waste in several areas on the NLCID, along the access road leading to top, along the EOW and beyond NLCID limits G. 15A NCAC 13B .0566 (4), States that “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.” At the time of this inspection, exposed waste was visible and appeared to exceed one acre in size and had not been covered in the past 30 days as thick vegetation, trees and brush was observed growing up FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 7 around some of the waste. H. 15A NCAC 13B .0566 (9), States that “Access roads shall be of all-weather construction and properly maintained.” At the time of this inspection, there were unapproved wastes in the road and both sides were unpassable. Fine wood chip industrial waste was in the road south of the NLCID, in a wet area, which made the road inaccessible. The haul road leading up to top of the NLCID had waste on it and was inaccessible as well. I. 15A NCAC 13B .0566 (11), States that “Solid waste shall not be disposed of in water.” At the time of this inspection, industrial waste consisting of fine wood chips and demolition waste was being pushed into water feature onsite. ADDITIONAL COMMENTS 1. There is a sign at the facility entrance showing the contact name and number for the facility. 2. The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes. There is a gate with a lock at the facility entrance. The gate was unlocked at the time of this inspection and no attendant on site. 3. The access road should be repaired and maintained to allow proper access to the facility. Repair the wet area and remove any waste blocking the access road(s) to the facility. 4. The facility is to be operated for the disposal of land clearing waste, inert debris, untreated wood and yard trash. Unacceptable waste must be removed from the property and disposed of properly at a facility permitted to receive that waste type. Maintain all disposal tickets for review by Section staff. 5. The total disposal area for the NLCID is to remain under two acres in size. Waste was observed beyond the limits of the NLCID. All waste beyond the limits of the NLCID should be removed and disposed of properly. This includes all waste being pushed into the water in the mined areas. 6. The landfill had not been covered and properly maintained. Trees, brush and other woody vegetation were observed growing on side slopes and exposed waste was observed. Remove the trees and woody vegetation and cover the waste in accordance to the rules. This has been mentioned before in previous inspection along with covering side slopes. 7. At the time of this inspection, the side slopes for the LF appeared to be less than 3:1. The landfill should be 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. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 7 sloped properly, and measures taken to establish ground cover sufficient to restrain erosion. 8. The EOW Markers (white poles) marking the limits of the NLCID LF should be visible from one to the other to ensure that the limits of the LF do not go beyond two acres. Markers should be repaired and maintained. Any acceptable waste beyond the markers should be pushed back into the limits of the LF, covered and provided with ground cover. 9. The property lines must be clearly marked to ensure that the 100-foot buffer is being met and maintained. Based on Scotland County GIS photos, the waste on western side of the landfill may be on or close to the property line and within the buffer on the eastern side of the landfill. 10. If this was not done, after mentioning in previous inspection, ensure that the notification is registered with the Scotland County Register of Deeds in your name in accordance with 15A NCAC 13B .0563 (2). 11. Contact DEMLR concerning a sedimentation and erosion control plan and/or a mining permit for the mining activities at this site. 12. Corrective measures to bring this facility into compliance should be complete within 30 days’ receipt of this inspection report and Notice of Violations. 13. Do not transport or receive any additional waste at this site until all conditions for compliance have been met. A follow up compliance inspection will be conducted by Solid Waste Section Staff within the next 30 days. Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: 910-433-3350 _ David Powell Environmental Senior Specialist Regional Representative Sent on: April 22, 2020 X Email Hand delivery US Mail X Certified No. [7015 0640 0007 8168 9374] Sent with NOV Copies: Jason Watkins, Field Operations Branch Head Supervisor - Solid Waste Section Drew Hammonds, Eastern District Supervisor – Solid Waste Section Jessica Montie, Compliance Officer – Solid Waste Section Bryant Higgins, Scotland County Solid Waste Director Scott Parks, Scotland County Solid Waste Enforcement FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 7 Looking towards top of LCID at uncovered waste blocking Uncovered waste along roadway around LCID, also road. uncovered and outside 2 acre EOW. Uncovered industrial fine wood chip waste in roadway Waste in water. along outside of LCID. Not covered and outside EOW. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 7 Same industrial fine wood chip waste being stored outside NLCID EOW. This is not a permitted solid waste management facility. This waste is being spread out, used a fill and is disposed of in water. A permit is required, since larger than and outside of original 2-acre notification boundaries. C and D waste (treated flooring/dimensional lumber, plastic, painted block, and comingled MSW waste), is not approved for LCID disposal and must be removed. A permit is required for this type of waste. Since its larger than and outside of original 2-acre notification boundaries, a permit is needed but there is none for this site. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 7 Trees on side slopes must be removed and soil cover More trees and unapproved waste, 5 gallon buckets, and added to a slope of 3:1. exposed waste. This is taken behind the LCID, looking back towards the approved 2-acre notified site in back. The waste along the edges is outside of EOW and waste on top of LCID is not covered. Waste outside of 2-acre notification boundary, waste in water, not covered and no permit for this activity.