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HomeMy WebLinkAbout26012YWN_INSP_20201123FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 6 UNIT TYPE: Lined MSWLF LCID X YW X Transfer Compost SLAS COUNTY: CUMBERLAND Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: YWN-26-012 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: November 23, 2020 Date of Last Inspection: November 19, 2020 FACILITY NAME AND ADDRESS: Dump and Go 4467 Doc Bennett Rd. Fayetteville, NC 28306 GPS COORDINATES: N: 34.970976 W: -78.861343 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Leticia and Don Gilmore Telephone: 9109644023 / 9108332318 Email address: leticia@gilmoresfarm.com FACILITY CONTACT ADDRESS: Leticia and Don Gilmore 7016 Pope Cashwell Ct. Hope Mills, NC 28348 PARTICIPANTS: Brian Polk, Safety Consultant, DWM SWS Autumn Romanski, Eastern Environmental Chemist, DWM Hazardous Waste Section (HWS) Alan Mosby, NCDHHS HHCU Ann Doherty, NCDHHS HHCU David Powell, Environmental Senior Specialist, SWS STATUS OF PERMIT: Yard Waste Notification – 3/9/2020 – NO RENEWAL HAS BEEN RECEIVED. Notified LCID – Closed PURPOSE OF SITE VISIT: Follow Up Inspection – Sampling for Asbestos/Lead Paint (Heavy Metals) STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0201 (a) - UNRESOLVED 2. 15A NCAC 13B .0201 (b) - UNRESOLVED 3. 15A NCAC 13B .0201 (c) – UNRESOLVED 4. 15A NCAC 13B .1402 (g) (1)(A) - UNRESOLVED 5. 15A NCAC 13B .1402 (g) (1) (D) – UNRESOLVED 6. 15A NCAC 13B .1406 (7) (a) – UNRESOLVED OBSERVED VIOLATIONS: NA FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 6 ADDITIONAL COMMENTS 1. David Powell conducted a site visit with representatives Ann Doherty and Alan Mosby with NC Department of Human Health Services (NCDHHS) Health Hazard Control Unit (HHCU) to sample for asbestos on some suspected asbestos contaminated waste. NCDHHS will be taking samples and sending them off to be tested by EMSL Analytical, Inc. Also, Brian Polk, Safety Consultant for DWM, and Autumn Romanski, DWM HWS, were asked to come and sample same waste for suspected lead paint. DWM will be using an electronic device called XRF Thermo Scientific Niton XL3t to determine if materials onsite contain lead. 2. David Powell tried to contact owner once arriving but no answer, so a message was left. 3. The area where vegetative waste was burned recently was still smoking at the time of this inspection. This picture is looking toward where Doc Bennett rd. crosses I-95. 90 Degree right turn is to right of this picture. 4. Last Inspection stated, “Onsite equipment was able to assist in minimizing fire growth but the site needs firefighting equipment and onsite staff need training in site specific safety, remedial, and corrective action procedures, if they have not had such training, as required by rule. Notification of a fire should have been made orally within 24 hours from owners. It was not. Fire Notification Report needs to be sent to DWM by 12/4/2020 (15 days).” Fire Notification Report has not been received. Reference rule 15A NCAC 13B .1406 (7) and (8). Submit report to David Powell DWM. 5. Waste to be sampled is on north side of property but near the end of a side access road running west to east. It also parallels I-95 and is behind the old closed out NLCID. Once you enter the facility turn left, go by office, then road turns 90 degrees right, which is east, and goes about ~200 yards or so and the piles of waste were 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 3 of 6 dumped in this area. Since discovery, the waste has been leveled and spread out in the low area. The waste has been spread out over a larger area along the end of the road and is being buried with soil from mine onsite up near 90 degree turn. Soil is being staged near waste and some already spread over top of the waste. Still much waste is visible and able to be sampled. The C and D waste observed included painted brick and block, wood, tile, metal and plastics, and other misc . waste. Looking at waste area to be sampled. Looking east, waste goes ~ 100 yards. Standing in large waste area looking west back up access road towards mine and burn area. Soil being stockpiled over waste to be spread out. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 6 6. DWM staff sampling for waste containing lead. Data collected onsite indicated the presence of several heavy metals. Painted wood comingled in waste being sampled. Painted block being sampled. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 6 7. NCDHHS staff marked several locations and sampled for asbestos. Flagging areas in the waste to sample after looking through material onsite. 8. After the inspection, Jeff Dellinger with NCDHHS sent a letter, on December 2, 2020, to owners of Dump and Go property, Leticia and Don Gilmore, informing them of the sampled waste containing asbestos, copies of the sample results, chain of custody and explaining requirements and providing contact information for questions. 9. During inspection, Brian Polk and Autumn Romanski with DWM conducted XRF screening for heavy metals at the site on 11/23/2020. The screening revealed that heavy metals of concern were present and detected, and therefore a hazardous waste determination under the Hazardous Waste Section should be the next step based on the screening results attached to this report. Since this is screening only, the facility will need to conduct their own knowledge based and/or sample to complete a waste determination under 40 CFR Part 260.11 on the waste dumped at the site that showed detections of heavy metals. The screening results are not a definitive determination, but rather a way to understand if further evaluation of the waste, as a hazardous waste is warranted, and in this case, based on the screening results, further evaluation is warranted. Results, pictures and map location of samples in attached report totaling 9 pages. A Corrective Action Plan is required to be submitted to DWM outlining the proper removal of this waste. The plan must include further evaluation of the hazardous waste with Wes Hare, DWM Hazardous Waste Representative to determine where it may be disposed. Contact information wes.hare@ncdenr.gov. 10. Dump and Go facility should CEASE ACCEPTING ANY WASTE LOADS AND DO NOT BURN ANY WASTE ONSITE. Owners have been instructed numerous times to cease accepting waste until all violations are resolved. CEASE COVERING AND BURYING WITH SOIL. 11. Do not bring anymore waste on top of the closed NLCIDLF. Remove all waste from the top of the closed NLCIDLF. Unacceptable waste removed from the closed NLCIDLF must be removed and taken to properly permitted landfill. Send all documentation on where loads of waste have come from and gone too, to date. Maintain and provide documentation of all waste loads leaving in regards to cleanup activities. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 6 12. A Corrective Action Plan for cleanup of this area must be submitted to DWM within 30 days. NO WORK SHALL BE DONE TO CLEAN UP ASBESTOS/HEAVY METAL WASTE BEFORE ACTION PLAN IS SUMBITTED TO DWM, NCDHHS AND APPROVED. Plan must include: a reasonable time frame to completion, all waste at this location must be considered as heavy metal and asbestos containing, satisfy all NCDHHS/HWS requirements and procedures for cleanup of asbestos waste and must satisfy all Local government laws and ordinances pertaining to these cleanup activities. Contact NCDHHS on rules, laws requirements and procedures for this cleanup. All documentation must be submitted to DWM . 13. A previous inspection stated, “Due to the failure to meet the conditions of compliance with the NOV and NOCV due dates, the Section will move forward with enforcement which may include civil penalties. Owners were informed by email on 10/28/2020, after inspection, “expect to proceed with further Compliance Action regarding the cleanup of this site.” 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: 12/10/2020 X Email Hand delivery US Mail Certified No. Attachments: Total 9 Pages – Includes11/23/2020 Sampling Data/Pictures of Samples/Map of Samples. Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Drew Hammonds, Eastern District Supervisor - Solid Waste Section Jessica Montie, Environmental Program Consultant – Solid Waste Section Brian Polk, Safety Consultant – Solid Waste Section Autumn Romanski, Eastern Environmental Chemist, Hazardous Waste Section Wes Hare, Environmental Senior Specialist, Hazardous Waste Section Jeff Dellinger, NCDHHS Health Hazards Control Unit Ann Doherty, NCDHHS Health Hazards Control Unit Amanda Bader, Cumberland County Solid Waste Director Anita MacMullan, Director - NCDA & CS - Food and Drug Protection Division Adrian Jones, Director – Cumberland County Environmental Health Lisa Childers, Director – NC Cooperative Extension Cumberland County Duration Units Sample As As Error Pb Pb Error Hg Hg Error 60.32 ppm  manufature blank <LOD 2.73 <LOD 3.99 <LOD 7.88 37.88 ppm paint on surface 6.29 3.98 11.95 5.21 <LOD 11.07 30.16 ppm paint on surface <LOD 5.75 12.59 5.3 <LOD 13.11 30.53 ppm paint on surface <LOD 5.48 16.77 5.03 <LOD 9.5 30.52 ppm paint on surface <LOD 4.62 <LOD 5.92 <LOD 11.66 31.51 ppm paint on surface <LOD 4.85 <LOD 6.67 <LOD 11.27 30.53 ppm paint on surface <LOD 4.15 <LOD 5.38 20.7 6.95 30.52 ppm paint on surface 8.35 4.4 27.11 5.82 13.2 7.15 30.5 ppm paint on surface 8.38 4.2 17.6 5.42 <LOD 10.71 39.26 ppm paint on surface <LOD 32.08 1795.2 31.46 <LOD 11.17 32.87 ppm paint on surface <LOD 6.7 21.82 6.01 <LOD 12.66 30.18 ppm paint on surface <LOD 6.67 24.31 6.16 <LOD 12.81 30.16 ppm paint on surface 14.9 5.26 42.67 6.8 29.6 8.48 30.84 ppm paint on surface <LOD 4.6 <LOD 5.95 23.3 7.29 0.48 ppm paint on surface <LOD 32.18 <LOD 127.87 <LOD 6109.54 30.19 ppm paint on surface <LOD 4.75 <LOD 6.19 <LOD 10.22 30.54 ppm Soil <LOD 3.71 <LOD 4.93 <LOD 7.23 32.84 ppm paint on surface <LOD 4.23 <LOD 5.88 <LOD 10.67 0.14 ppm paint on surface <LOD 1435.15 2804.5 1506.78 <LOD 327.75 31.17 ppm paint on surface <LOD 36.59 1681.9 36 <LOD 12.07 31.19 ppm paint on surface <LOD 3.5 <LOD 5.26 <LOD 8.95 30.17 ppm paint on surface <LOD 5.53 11.49 5.07 <LOD 11.23 30.16 ppm paint on surface 9.63 5.12 47.09 6.9 19.3 7.58 NOTE:  These results were collected on painted surfaces; therefore,  any positive value only incicates the presence of a heavy metal. The  value should be used for risk assesment. The single soil sample can be  used as an esitmate for lead in soil.                      All samples were  anaylized in situ using a Niton XRF (S/N: 83466). Sample date 11/23/2020 at Dump and Go YWN26012 by Brian Polk (DWM) and Autumn Romanski (DEQ HWS)