HomeMy WebLinkAbout3420_Omnisource_ILF_response_04272020ltr_FID1405613_20200514
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
May #, 2020
Sent via an e-mail message
Mr. James B. Winegar
Environmental Manager
OmniSource Southeast, LLC (OmniSource)
1426 W. Mountain Street
Kernersville, NC 27284
Re: Responses to April 27, 2020 Letter
Kernersville Landfill Reclamation Project
Forsyth County, North Carolina
Permit No.3420-INDUS-2005, File Identification No. (FID) XXX
Dear Mr. Winegar:
The Solid Waste Section (Section) strongly disagrees with some responses and conditions you
presented in your April 27, 2020 letter addressing the March 13, 2020 comments provided to you
by the Section. The Section has determined that the path forward, as prescribed by OmniSource
Southeast, LLC (OmniSource), fails to comply with the originally approved permit application
and State Laws and Rules. Pursuant to Rule 15A NCAC 13B .0203(e), the Section states the
following reasons for this determination:
I. Written and Notarized Schedule
The letter stated that “In fact, OmniSource has been ready to complete both grading of waste and
application of intermediate cover for over two years, but have yet to receive approval of final
grade from DEQ. Therefore, OmniSource feels that Section 3.2 (Closure Schedule) adequately
covers this issue – starting installation of cap within 30 days of completion of reclamation
project (final grading & intermediate cover), and completing cap within 180 days of start.”
Section Response:
After our August 17, 2017 meeting, LaBella Associates (at that time, Joyce Engineering Inc.),
on behalf of OmniSource, sent the SWS a letter (DIN 28517) dated October 2, 2017 to address
several concerns raised in the meeting. In the letter, Item No. 3 responded that the landfill final
grading was determined to be “the final elevations as last proposed in 2015 and currently shown
on the enclosed closure plans.” Since then, the Section agreed to the proposed final grades of
the landfill and has never made any further comments on this subject. Therefore, your argument
of not initiating closure of the landfill over the last two has no merit.
You state that “In fact, OmniSource has been ready to complete both grading of waste and
application of intermediate cover for over two years.” Section 2.5 of the Closure Plan, dated
Mr. James B. Winegar
##, 2020
FID XXX
Page 2 of 6
May 2014, and its revisions, dated September 2017 (DIN 28517) and March 2020
(FID1394191), state that “prior to beginning closure of the proposed landfill, the Owner or
Operator shall notify the Division that a notice of intent to close the landfill has been placed in
the operating record.” If you were to send the closure notification to the Section now, the
closure schedule described in Section 2.5 of the Closure Plan will be approved, and the March
13, 2020 comment will be considered to have been properly addressed.
II. Intermediate Cover
The letter stated that “…the 12-inch intermediate cover is planned as part of the reclamation
process. Therefore, OmniSource proposes to request that LaBella remove all references to
intermediate cover for the closure.”
Section Response:
The Section has no objection to your clarification that the 12-inch intermediate cover will be
constructed over the waste as part of the reclamation process; therefore, the Section may allow
costs associated with construction the 12-inch intermediate cover to be removed from the
Closure Cost Estimates and considers the response to the March 13, 2020 Comment No. 6i to be
acceptable if the following actions are taken by OmniSource:
1. The reasonable method of field verification/confirmation of the thickness of the
constructed intermediate cover is proposed. The Section may accept the thickness
confirmation method described in your letter – (the 2nd paragraph of Technical
Specification), requirement that contractor verify adequate depth (12 inches) of
intermediate cover via bore samples, 4 per acre. Omnisource should provide a
specification to backfill and recompact the test hole in the revised Closure Plan.
2. The QA/QC testing requirements on the intermediate cover material must be
implemented according to the GCL Specification (Section 13315) in the Closure Plan
(Parts 1.02D & 3.03) specifying the subgrade (intermediate soil cover) preparation.
III. Soil Quality
The letter states that “…the quality of soil used in the closure project, however regulations
intended for Land Clearing and Inert Debris Landfills (15A NCAC 13B.0562) and remediation
projects (NCGS 130A-310.65) do not apply to our industrial landfill.”
Section Response:
The Section requests that OmniSource provides the references in the North Carolina General
Statute to support the above-mentioned statement. Any soil from a non-permitted source must
meet the "Unrestricted Use Standards” as defined in NCGS 130A-310.65(12). This requirement
is applicable anywhere in the State of North Carolina. Any landfill, including an industrial
landfill, which imports earthen material from non-permitted sources shall comply with this law.
Since OmniSource proposes to have LaBella amend Section 2.1 of the Closure Plan to prohibit
the use of any cover soils obtained from sites with active remediation and/or known
contamination, the Section considers the response to the March 13, 2020 Comment No. 2 to be
acceptable.
IV. Erosion and Sediment Control
Mr. James B. Winegar
##, 2020
FID XXX
Page 3 of 6
The letter states that “…the Plan to meet requirements established in the Solid Waste
Management regulation, it is our understanding that approval documentation of an E&S Plan by
the Land Quality Section in not a required component of a Closure Plan.”
Section Response:
15A NCAC 13B .503(2)(g) states any disposal site shall meet the Requirements of the
Sedimentation Pollution Control Law (15A NCAC 4). Landfill construction and operation,
including closure activities, as land disturbing activities, are therefore subject to the approval of
appropriate agencies for a General or Individual National Pollutant Discharge Elimination
System (NPDES), Stormwater Discharge Permit, and/or a sedimentation and erosion control
permit. OmniSource shall submit the E&S Plan for the proposed closure activities to the NC
Land Quality Section for a review and approval.
V. Edge of Waste (EOW)
The letter states that OmniSource proposes that the EOW, at the time of final closure, will be
targeted to match that depicted in CP-02 (similar to a greenfield application) and that all waste
outside of this boundary will be placed within the proposed limits, as per permit 3420-INDUS-
2005.
Section Response:
OmniSource states that “all waste outside of this boundary will be placed within the proposed
limits” as shown on CP-02. To avoid any confusion, the Section requests that OmniSource
clearly state the following in the revised Closure Plan:
1. All wastes that are observed and documented in historical site inspections as described in
the March 13, 2020 Comment No. 5ii will be removed and placed within the proposed
limits as shown on CP-02 dated February 14, 2020.
2. The acreage of the area will be under the proposed final cover system.
3. The total acreage of the areas of the closed landfill, including both mining and non-
mining areas, which will be subject to the 30-year post-closure care activities.
VI. Cost Estimates
Section Response:
The Section will consider the responses to the March 13, 2020 Comment No. 7 as being
acceptable if OmniSource can provide the requested documents in items II, IV, & V. The
approval of the new cost estimate will be deferred to the time when the review of the new cost
estimates is completed.
VII. CQA Plan (1)
OmniSource states that LaBella typically uses a generic set of in-house specifications
for all of their CQA plans, which have been approved by DEQ for years.
Section Response:
If the above-mentioned statement is violating and contradicting the Section 1.1 “Purpose” of the
CQA Plan, as a component of the Closure Plan - This plan addresses the construction quality
Mr. James B. Winegar
##, 2020
FID XXX
Page 4 of 6
assurance (CQA) procedures and requirements to be employed during construction of the
project.
Furthermore, OmniSource’s statement that DEQ approved a generic set of in-house
specifications and CQA plans for year. Please provide the evidence to support the statement in
the letter; otherwise the statement is false. The Section reserves the legal right to challenge this
baseless and slander accusation made by Omnisource.
VIII. CQA Plan (2)
OmniSource states that it does not feel that the statement alone justifies doubling testing efforts
and costs.
Section Response:
According to the NC Solid Waste Management Rule, the Section has responsibility to protect
human health and environment by enforcing a QA/QC testing program through the permitting
process to ensure that the constructed solid waste management facility meets or exceeds the
minimum design standard. The testing frequency and testing method for each required testing
item are originally established by US EPA guidance document of “Quality Assurance and
Quality Control for Waste Containment Facilities” dated September 1993. The Section
generates the database of QA/QC testing and cost associated each test of sanitary landfills in the
State of North Carolina for years. The cost and testing data are used as one of the components to
evaluate if a QA/QC testing program of a landfill construction can satisfy the minimum design
standard across the State. The Section believes this is an impartial approach which has been
implemented for decades; therefore, OmniSource should increase the QA/QC testing frequency
of each requested testing item stated in the March 13, 2020 letter. By the way, the Table 1 in the
approved CQA plan prepared by Labella/Joyce for other facilities, such as 0105-CDLF-1998,
2504-MSWLF-1993, 3901-MSWLF-2012, 3901-CDLF-1997 are displayed in the Laserfiche
which can be found in the web link as follow:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?cr=1
IX. Technical Specifications (1)
In the second paragraph of “Technical Specification” OmniSource states that”...removal of
Anchor Trench requirements…”
Section Response:
The Comment No. 15 of the March 13, 2020 comment letter stated that the anchor trench design
for GCL is not available. Omnisource response to ignore the anchor trench design from the final
cover system without providing any acceptable reason; therefore, the Section denies the request
of removal the anchor trench design for GCL.
X. Technical Specifications (2)
In the third paragraph of “Technical Specification” OmniSource states that “Section 01720 – Top
of Waste drawings are not required as Closure does not begin until intermediate cover has been
completed.”
Mr. James B. Winegar
##, 2020
FID XXX
Page 5 of 6
Section Response:
According to the April 27, 2020 letter, the intermediate cover will be a portion of the reclamation
which will be completely installed prior to constructing landfill final cover system, and the
thickness intermediate cover layer will be confirmed by bore samples. The Section accepts the
responses and agrees that as-built survey will not survey the grades of top of the wastes.
XI. Drawings (1)
OmniSource states that the following drawings will be amended in the revised Closure
Plan- correct Note 1 in CP-03A from 120 ft to 130 ft; add geotextile under riprap at inlet
protection in
CP-03A & F; and add existing western and northern silt fencing to CP-02.
Section Response:
No further comments at this time.
XII. Drawings (2)
OmniSource states that no action will be taken to the March 13, 2020 Comment No. 16 but fails
to provide any reason to support the rebuttals or responses. Therefore, the Section denies the
requests stated in the responses.
The April 27, 2020 letter prepared by Omnisource only responded partial of the comments stated
in March 13, 2020 comment letter, the Section presumes that Omnisource will properly and
completely address all comments stated in this letter and March 13, 2020 comment letter. The
Section is looking forward to receiving the revised Closure and Post-Closure Plan. If you have
any questions on the closure matter at this landfill, please feel free to contact me at 919-707-
8251.
Regards,
Ming-Tai Chao, P.E.
Environmental Engineer
Division of Waste Management, NCDEQ
cc:
Sherri Stanley, Permitting Branch Supervisor
Michael Hofmeister, Labella
Mr. James B. Winegar
##, 2020
FID XXX
Page 6 of 6
Susan Heim, DWM
Deb Aja, DWM
Christine Ritter, DWM
Central Files