HomeMy WebLinkAbout26012YWN_INSP_20201119FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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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 19, 2020 Date of Last Inspection: October 28, 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
Email address: leticia@gilmoresfarm.com
FACILITY CONTACT ADDRESS: Leticia and Don Gilmore 7016 Pope Cashwell Ct.
Hope Mills, NC 28348
PARTICIPANTS: Billy Freeman, Dump and Go Anthony Barber, Dump and Go
David Powell, Environmental Senior Specialist, SWS Drew Hammonds, Eastern Regional Supervisor, SWS Mike Turner, NCDEQ DAQ Steve Allen, NCDEQ DAQ
STATUS OF PERMIT: Yard Waste Notification – 3/9/2020 – NO RENEWAL HAS BEEN RECEIVED. Notified LCID – Closed
PURPOSE OF SITE VISIT: Follow Up Inspection - FIRE
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) (D) – UNRESOLVED
OBSERVED VIOLATIONS:
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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1. 15A NCAC 13B .0201 (a) No person shall treat, process, store, or dispose of solid waste or arrange for 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 G.S. 130A-294(b).
15A NCAC 13B .0201 (b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).
15A NCAC 13B .0201 (c) 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.
On the 10/28/2020 inspection, Section staff witnessed loads of vegetative waste being brought into the Dump and
Go facility when it had been informed in the Notice of Violation to cease accepting waste due to compliance issues. The waste was not dumped while staff was onsite but there were already 3 loads to the right, once you enter facility along south side near fuel tanks. The wood was still “green” with green needles not brown. In addition, there were multiple loads of vegetative waste brought and dumped along the western property line near Doc Bennett Rd. and a few loads of C and D waste dumped in this location as well. Further down the access road
from this location, running parallel to I-95, from west to east along northern section of property, there was C and D waste, consisting of tile and painted block and some vegetative waste. Upon staffs return on 11/19/2020 for the facility fire, it was discovered that the vegetative waste was mostly burning or burnt up along the western property line along Doc Bennett Rd. Most of the C and D waste was gone from that area as well except some
around parked equipment near mine. C and D and vegetative waste was still present at the end of the access road parallel to I-95 and the waste had been spread out. Soil from onsite was being staged to cover it with some already being covered with soil.
2. 15A NCAC 13B .1402 (g) (1)(A) - the owner or operator of any Type 1 Solid Waste (yard waste) facility which occupies less than two acres of land and be limited to no more than 6,000 cubic yards’ material onsite at any one time, including finished product, shall submit this form to the Department by June 1st of each year.
Owners continue to operate and bring waste while being informed to cease accepting waste and without submitting the required renewal notification to the Department by June 1st of the year 2020.
3. 15A NCAC 13B .1406 (7) (a) - Open burning of solid waste shall be prohibited.
Facility has had 2 fires in 2020. The first on top the closed out notified LCID landfill, discovered during the inspection on 8/27/2020. The second was discovered by Drew Hammonds on the evening of 11/18/2020. No notification of the fires was received as required. When David Powell arrived onsite, he attempted to contact
owner by number onsite billboard for contact. There was no answer so he left a message, and introduced himself to onsite representatives Billy Freeman and Anthony Barber. When Mr. Freeman was asked where all the vegetative material came from that was on fire, he stated, “atop the hill”. This was speaking to the closed out NLCID. David Powell asked where did that material come from, Mr. Freeman stated, “All was not from onsite.”
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Between 9/9/2020 inspection and 10/28/2020 inspection, many loads of vegetative waste were brought in and dumped along western property line along Doc Bennett Rd. David Powell had witnessed a load coming in with 3 loads already dumped with fresh green vegetative waste on 10/28/2020. When inspecting fire there was green vegetative material present along with misc. unapproved wastes.
Owners were told in a Notice of Violation (NOV) dated July 1, 2020, “…that burning of the waste is prohibited and would be a violation of the North Carolina Air Quality Rule. NOV was received on 7/6/2020.
ADDITIONAL COMMENTS 1. David Powell conducted a site visit to inspect facility and respond to a fire witnessed evening before by Drew Hammonds. Inspector contacted Drew Hammonds and Cumberland County Solid Waste (CCSW) Director
Amanda Bader before entering site. 2. Inspector took pictures of fire from Doc Bennett rd. Facility gate was locked, so he parked across street and walked into facility around gate. Mr. Freeman also stated that the ash would eventually be mixed with soil and used for growing organic blueberries on the property in the back.
Fire from view of Doc Bennett rd. I-95 is to left, entrance to facility to the right. Smoke was shifting and crossing
both interstate and Doc Bennett at times. 3. Picture below is behind parking area, just inside fence and to the right. There is still some plastic, wire, metal and other misc. items comingled in the rock/soil in this area and to the left of where this picture was taken. C and D material was previously removed and documentation of where this and any other C and D waste was taken and
disposed needs to be sent to DWM.
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
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4. Fire was beyond office in NW corner of property that borders I-95 and Doc Bennett rd. Once you enter site, turn left and go beyond office. Mostly vegetative waste was piled up and burning. Some other waste was present in the pile to be burned, such as Christmas lights, electronics, plastic, pipe, oil filter, bricks, metal t posts, and other misc. materials. Below are pictures of the fire and those items.
Fire and area that was previously full of vegetative waste.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Close up of fire.
Oil filter comingled with vegetative waste.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Backside of fire looking toward office.
Electronics that had been burned.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Plastic comingled in vegetative waste on left and right. 5. Previous inspection on 10/28/2020 stated,” Vegetative waste, C and D and unapproved waste was dumped in the back of the property, down a side access road. Waste consisted of painted brick and block with tile and other misc. wastes. This site is not approved for this waste nor dumping in this location either. This waste must be
removed and documentation provided to DWM. Cease operating and return site to compliance.” At the time of the inspection on 11/19/2020, the waste had not been removed but it had been spread out. Soil being dug from the mine near the fire up front of the property is being staged and some of the waste has been
covered. Burying of waste is not approved and is an additional violation. This material is suspected to contain lead paint and asbestos. DWM will informed NCDHHS and request for this material to be sampled for asbestos by them. Brian Polk, Safety Consultant with DWM, will be requested to bring the Departments heavy metal detecting equipment onsite as well. A date of Monday 11/23/2020 was agreed upon for both groups to visit and sample. THIS WASTE SHOULD NOT BE MOVED UNTIL SAMPLED FOR ASBESTOS AND LEAD
PAINT CONTAMINATION. Section staff tried to contact operator.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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6. While the inspector was onsite NCDA Forestry Service Representative Craig Gottfried and Josh Chandler came by facility to respond to complaints of smoke and fire at the location. Cumberland County Sheriff’s Office Rep. David Dowless also arrived onsite near the same time. Inspector contacted Drew Hammonds again to inform of findings onsite. Drew informed NCDAQ staff and informed inspector onsite that representatives will be coming soon. Mike Turner and Steve Allen with NCDAQ visited site soon after. Later on, Amanda Bader and Mike Renfro, with CCSW, visited site. Also, Fire Chief Ronnie Marley and Deputy Chief Tracey Smith with Pearce’s
Mill Fire Dept. came by to inspect situation. Onsite reps for Dump and Go were asked to pull apart the burning waste to keep the fire from building and to try and minimize smoke due to causing hazardous driving conditions on Doc Bennett Rd and possibly I-95. Fire Dept. reps shared information that Mr. Gilmore informed the Grays Creek FD night before fire, but this was incorrect station for his area, it should have been Pearce’s Mill FD. Later
on, Drew Hammonds visited site about time onsite representatives Billy Freeman and Anthony Barber began to use equipment to pull away vegetative waste from the fire as requested.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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7. The Dump and Go onsite representative inside of the office was informed of the situation, and what groups were onsite investigating and that owners needed to contact those departments in regards to the fire incident. 8. 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 Reports need to be sent to DWM within 15 days of the fire . 15A NCAC 13B .1406 (7) Safety Requirements– (a) Open burning of solid waste shall be prohibited. (b) Equipment shall be provided to control accidental fires and arrangements made with the local fire protection agency to provide fire-fighting services when needed. (c) Personnel training shall be provided to ensure that all employees are trained in site specific safety, remedial, and corrective action procedures. (8) Reporting Fires - Fires shall be reported to the Division orally within 24 hours of the incident and in writing within 15 days of the incident. 9. Given the current waste onsite and considering that the ash of this burned waste has other than clean vegetative sources, using it to grow “Organic Blueberries” may be a severe health hazard to any who would consume them.
Since this not in the Division of Wastes’ expertise, Anita MacMullan, Director of the North Carolina Department of Agriculture & Consumer Services, Food and Drug Protection Division, and Adrian Jones, Director of the Cumberland County Environmental Health will be informed of this situation by forwarding of this inspection report. Cooperative Extension Cumberland County will also be notified. 10. Dump and Go facility should CEASE ACCEPTING ANY LOADS AND DO NOT BURN ANY WASTE ONSITE. Owners have been instructed numerous times to cease accepting waste until all violations are resolved. 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. Provide documentation of all loads leaving in regards to cleanup activities.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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12. 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 the enforcement process. Owners were informed by email on 10/28/2020, after inspection, “expect to proceed with further Compliance Action regarding the cleanup of this site.” Currently the site did not submit renewal notification and has continued to operate after being informed to cease accepting loads in the NOV, bringing in unapproved waste and dumping them in unapproved locations.
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.
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
Amanda Bader, Cumberland County Solid Waste Director Heather Carter, Regional Supervisor – NCDAQ 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