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HomeMy WebLinkAbout9230_INSP_20201222NORTH CAR()LINAD_E Q�� OepaNnent of Envimnmenbl [1uel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCID YW Transfer Compost x SLAS COUNTY: WAKE MSWLF PERMIT NO.: 9230-CDLF-2014 Closed xxW White Incin T&F FIRM MSWLF goods 9230-COMPOST- FILE TYPE: COMPLIANCE CDLF x TireT&F/ Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Site Inspection: December 22, 2020 FACILITY NAME AND ADDRESS: Greenway Waste Solutions of Apex, LLC 5940 Old Smithfield Rd Apex, NC 27539 GPS COORDINATES: 35.68632,-78.84364 FACILITY CONTACT NAME AND PHONE NUMBER: Grant Kiser, Manager 919-367-2895 Grant@griffinbros.com FACILITY CONTACT ADDRESS: Greenway Waste Solutions of Apex, LLC P.O. Box 699 Holly Springs, NC 27540-0699 PARTICIPANTS: Davy Conners, NC DEQ — Solid Waste Section Amanda Thompson, NC DEQ — Solid Waste Section Grant Kiser, Greenway Waste Solutions of Apex, LLC Date of Last Inspection: October 29, 2020 STATUS OF PERMIT: A Permit to Operate Greenway Waste Solutions of Apex, LLC, permit numbers 9230-CDLF-2014 (Phase 1, 2, and 3) and 9230-COMPOST (Large Type 1), was issued on July 10, 2020 and February 21, 2020, respectively, and will expire on December 10, 2062 and February 21, 2030, respectively. PURPOSE OF SITE VISIT: Complaint investigation: on December 1, 2020 Davy Conners received a phone call from Thad Valentine with the Division of Energy, Mineral and Land Resources regarding lack of a DEMLR permit for the compost area at Greenway Waste and organic leachate concerns. STATUS OF PAST NOTED VIOLATIONS: None Page 1 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management NORTH CAROLINA Solid Waste Section NOTICE OF VIOLATIONS: A. 15A NCAC 13B .0542 (1)(4) Leachate must be contained on -site or treated prior to discharge. An NPDES permit may be required prior to the discharge of leachate to surface waters. Griffin Brothers C&D Reclamation and Greenway Waste Solutions, LLC, parent company of Greenway Waste Solutions of Apex, LLC, are in violation of 15A NCAC 13B .0542 (l)(4) in that leachate was observed flowing from both the active and closed construction and demolition landfill in four different locations. Leachate Release 1 was observed flowing in several spots along a stretch of the northern side slope of the closed CDLF (Figure 1). The area of the leachate release extended approximately from the split in the service road to where the state vehicle is parked in Figure 2. Leachate was in the ditch along the CDLF perimeter and was flowing into the sediment basin across from the service road. Leachate Release 2 was located at the northwest corner of the closed CDLF. This area had been plugged with soil cover after the October 29, 2020 inspection noted a leachate seep in the area. However, leachate was observed flowing over the soil plug and into the drainage ditch outside the landfill (Figure 3). Leachate Release 3 was observed flowing from on the southern side slope of the closed CDLF (Figure 4). The leachate was near the toe of the slope and was flowing into the drainage ditch alongside the CDLF (Figure 5). Leachate Release 4 was located at the southern side slope of the active CDLF (Figure 6). This area had been plugged with soil recently, however, leachate was still releasing from this area at the time of the inspection. The new CDFL cell joins the closed CDLF cell in a "v" formation which might be trapping water and causing this leachate outbreak. B. 15A NCAC 13B .1406 (4) Leachate shall be contained on site or treated prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface waters. Griffin Brothers C&D Reclamation and Greenway Waste Solutions, LLC, parent company of Greenway Waste Solutions of Apex, LLC, are in violation of 15A NCAC 13B .1406 (4) in that organic leachate was observed flowingfrom two different composting operational areas. Organic Leachate Release 1 was observed flowing from the Northwest Compost Area on both the south and north edge of the compost area. Ms. Conners and Ms. Thompson followed the organic leachate flow from the south edge of the compost pile, down the side of the service road, into the drainage ditch and into the sediment basin (Figures 7 and 8). The sediment basin was black with leachate (Figure 9). We continued to follow the leachate beyond the sediment basin discharge point, into the woods, and to its visible terminus, just a few yards from a stream (Figure 10). The organic leachate from the north edge of the compost area flowed into a ditch that was inaccessible due to overgrown vegetation (Figure 11). Ms. Conners has notified the Division of Water Resources about this organic leachate release and possible impact on the stream. Organic Leachate Release 2 was located at the East Compost Area (Figure 12). Leachate was observed along the western edge of this compost area (Figure 13), in the drainage ditch to the south of the area (Figure 12), and in the sediment basin (Figure 14). Page 2 of 10 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"—t0E-!�'m"""°"""' Solid Waste Section OBSERVED VIOLATIONS: A. 15A NCAC 13B .0542 (1) (2) Surface water must not be impounded over or in waste. During the inspection, surface water was observed impounding over the closed CDLF (Figure 15). Ms. Conners discussed with Mr. Kiser the likelihood that the impounded water is causing or contributing to the leachate releases throughout the closed CDLF. Impounding water over waste was also an issue noted in the October 29, 2020 inspection. B. 15A NCAC 13B .1406 (3) Stormwater shall be diverted from the operations area. During the inspection, surface water was observed ponding in the operations area of the northwest compost area, the east compost area, and the finished compost area (Figure 16). This issue is probably causing or contributing to the organic leachate releases. Ponding water around the compost operational areas was also noted in the October 29, 2020 inspection. 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. ADDITIONAL COMMENTS: A. Windrow dimensions for active composting must be limited to a maximum of 6-feet high and 15-feet wide unless otherwise approved by the Section. During the inspection, compost windrows dimensions did not meet these specifications; specifically, compost was windrowed on top of an approximately 4 to 5 feet deep layer of compacted, not windrowed compost in both the northwest and east compost areas. This is likely one of the causes of the organic leachate releases (Figure 17). B. A 25-foot minimum distance shall be maintained between compost areas and swales or berms and wastes received and product stored shall be maintained in reasonably sized piles with adequate fire breaks and lanes in accordance with the approved operational plans and pertinent rules. During the inspection, the north edge of the northwest composting area was within 25 feet from the swale and there was no fire break or lane along that edge (Figure 11). C. Appropriate methods such as fencing and diking must be provided within the area to confine solid waste which is subject to be blown by the wind. At the conclusion of each operating day, all windblown material resulting from the operation must be collected and disposed of by the owner and operator. During the inspection, there were no methods being used to contain windblown waste and large amounts of wastes were observed along the side slopes of the CDLF and in the finished compost area (Figure 18). Mr. Kiser said that a couple time a month he hires people to clean up windblown waste, however windblown waste must be picked up daily. Page 3 of 10 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"' t0E­!�'m"" lW'Ift Solid Waste Section D. During the inspection, mulch and land clearing waste being stored on top of the closed CDLF had water ponding in and around it. This issue was also noted in the October 29, 2020 inspection. The storage of mulch and land clearing waste is likely contributing to the leachate releases on the closed CDLF by impounding stormwater over waste. E. The area in the northwest that is being used for compost has NOT been approved by permitting for a compost operational area. It has been approved to store mulch. To continue processing compost in this area, Greenway Waste will need to seek permission from the Solid Waste Section Permitting Branch. The above listed notice of violations, observed violations, and compliance issues require the following corrective actions to resolve. 1. CDLF Leachate Releases — Corrective Action Requirements a. Soil and water samples must be taken according to the Sampling Requirements listed below in Corrective Action 2. Submit the sampling plan and results to Elizabeth Werner, Hydrogeologist, 1646 Mail Service Center, Raleigh, NC 27699-1646, elizabeth.werner@ncdenr.gov, 919-707-8253 and Davy Conners, Environmental Senior Specialist, davis.connersnncdenr.gov, 919-707-8290. b. Samples must be taken in all areas that have been impacted by leachate from the CDLF that are outside of the landfill footprint, including ditches, sediment basins, or streams into which the pipe drains. c. Within 30 days of receiving this report, determine the underlying cause of each of the leachate releases from the CDLF and make repairs to resolve these causes. Specifically, but not limited to, the areas of impounded water over waste on the closed CDLF must be repaired to shed water, the area where the closed CDLF joins the new CDLF cell must be graded to shed water, and the berm on top of the close CDLF should be evaluated to determine if it is retaining surface water on the landfill. Additionally, the mulch and land clearing waste from on top of the closed CDLF should be removed to determine if there is impounded water underneath these wastes. d. Within 30 days of receiving this report, submit a Corrective Action Plan detailing Greenway Waste Solutions of Apex Facility's long-term plan to control leachate for the facility. The plan must be submitted to Davy Conners, davis.conners(kncdenr.gov, for Section approval. 2. CDLF Leachate Releases — Sampling Requirements a. Within 30 days of receiving this report, submit a Sampling Plan for Section approval prior to sampling. The proposed plan shall be submitted in electronic format sent via email to Elizabeth Werner at elizabeth.werner@cdenr.gov and Davy Conners at davis.connerskncdenr.gov and must meet the following requirements: • Include a map/aerial photo depicting area of impact and proposed sampling locations. • Provide a description of the proposed sampling methodology. • Describe proposed subsurface soil sampling and surface water sampling (if applicable) at specific locations, including background soil and upstream water locations, to evaluate the extent of the potential environmental impacts from the release(s) at the facility i. Subsurface soil samples shall be collected between one to two feet below ground surface ii. Discrete soil samples shall be collected. Composite samples will not be accepted iii. All soil and surface water samples shall be analyzed by a NC certified laboratory for 40 CFR Part 258 Appendix I parameters (VOCs and Total Metals), total phosphorus, sulfate, nitrate, and pH. b. After Solid Waste Section approval of the sampling plan, please implement the plan within seven days. Within 10 days after the analytical results are received from the laboratory, please submit documentation regarding the sampling event which should include the following: • A summary of the leachate release, actions taken to address the release, and the release assessment Page 4 of 10 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA DP-t a E°°'�m""l W,Ift Solid Waste Section • A map/aerial photo depicting the sampling locations • A table of the surface water analytical results compared to the NCDWR Surface Water Quality Standards & Protective Values • A table of the subsurface soil analytical results compared to the NCDEQ Preliminary Soil Remediation Goals (PSRGs). Both the Residential Health Based and the Protection of Groundwater PSRGs must be met • The associated laboratory reports from the NC certified laboratory including the chain of custody and QA/QC results • The sampling methodology, if different from the proposed plan • Conclusions and recommendation 3. Organic Leachate Releases — Corrective Action Requirements a. Within 30 days of receiving this report, determine the underlying cause of each of the organic leachate releases from the compost areas and make repairs to resolve these causes. Specifically, but not limited to, the compost operational areas must be repaired to shed water and compost must be windrowed as specified in the rule. b. Within 30 days of receiving this report, submit a Corrective Action Plan detailing Greenway Waste Solutions of Apex Facility's long-term plan to control organic leachate for the facility. The plan must be submitted to Davy Conners, davis.connersgncdenr.gov, for Section approval. 4. Within 30 days of receiving this report, repair and regrade the closed CDLF such that it sheds surface water and does not cause water to impound over waste. Temporarily relocate the mulch and land clearing waste on the CDLF to check for additional impounding water and contact the Solid Waste Section Permitting branch prior to resuming these activities on the closed CDLF. 5. Within 30 days of receiving this report, repair and regrade the compost operation areas such that the areas shed surface water. Reconstruct compost into windrows to a maximum of 6-feet high and 15-feet wide without any compost underneath these windrows. Make sure there is at least 25 feet between the compost area and swales and berms and there are fire lanes on all sides of compost area. 6. Immediately, begin picking up windblown waste at the close of business each day. Within 15 days of receiving this report, begin implementing methods such as fencing to contain windblown waste. 7. Within 30 days of receiving this report, relocate the mulch and land clearing waste on top of the CDLF to a different location in order to discover if water is impounded underneath these wastes. If Greenway Waste Solutions wants to continue using the closed CDLF for storage of this material, you must contact the Permitting Branch to seek approval. 8. Within 30 days or receiving this report, discontinue use of the northwest area for composting operations, OR provide a written request to the Solid Waste Section Permitting Branch for approval of that usage. Page 5 of 10 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"—t0E-!�'m"""°"""' Solid Waste Section Attachment 1 contains photos taken during the December 22, 2020 inspection. Please contact me if you have any questions or concerns regarding this inspection report. Digitally signed by Davy Conners DN: cn=Davy Conners, o=Division of Waste Management, ou=Solid Waste Section, email =d av i s. co n n e rs@ n cd e n r.g ov, c=US Date: 2021.01.05 14:30:14-05'00' Davy Conners Environmental Senior Specialist Regional Representative Phone: (919) 707-8290 (o)(919) 621-3685 (c) Sent on: January 5, 2021 X Email Hand delivery US Mail Certified No. Lj Copies: Ed Mussler, Section Chief— Solid Waste Section Jason Watkins, Field Operations Branch Head — Solid Waste Section Sherri Stanly, Permitting Branch Head — Solid Waste Section Adam Ulishney, Environmental Compliance Branch Head — Solid Waste Section Andrew Hammonds, Eastern District Supervisor — Solid Waste Section Elizabeth Werner, Hydrogeologist — Solid Waste Section Jessica Monte, Compliance Officer — Solid Waste Section Amanda Thompson, Environmental Senior Specialist — Solid Waste Section Thad Valentine, Environmental Senior Specialist — Division of Energy, Mineral, and Land Resources Stephanie Goss, Environmental Specialist — Division of Water Resources Page 6 of 10 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"—t0E-!�'m"""°"""' Solid Waste Section Attachment 1: Inspection Photos Taken by Davv Conners on December 22, 2020 ro Figure 1: Leachate Release 1 on north slope of closed Figure 2: Leachate Release 1 occurring over a long area, CDLF. from the split in the service road to where the state vehicle is arked in this hoto. ' �M1 s r - r'� sM1 •� .,p Figure 3: Leachate Release 2 on the northwest slope of the Figure 4: Leachate Release 3 on the southern slope of the closed CDLF. This is the same location where a seep had closed CDLF. been noted in the October 29, 2020 inspection. Figure 5: The flow in the drainage ditch from Leachate Figure 6: Leachate Release 4 on the southern slope of the Release 3. active CDLF. This area had been plugged, but it did not adequately resolve the flow of leachate. Page 7 of 10 NORTH CAR()LINAD_E Q�� OepaNnent of Envieonmenbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section ht I> sz 4, - .%tk;� • - - .. c saw _ � �FiQJjre 8: Black Leachate from Leachate Release 5. Figure 7: Leachate Release 5 along the southern edge of the Northwest Co m ost Area. s P, ; i J CIA 4. 4r y Figure 9: Leachate Release 5 flows into a sediment basin and has turned the water in it black. Figure 10: Leachate Release 5 flows out of the sediment basin into a forested area. Ms. Conners and Ms. Thompson followed the flow of the black liquid until its visible terminus, pictured about, just a few feet from a stream. Page 8 of 10 NOR;T CA�INA OepaNmen� of Environmental0uali� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Figure 11: Leachate Release 5 along the north side of the North Compost Area. Compost is not at least 25 feet from ditches or swells and no firelanes along this side of the compost area. Figure 13: Leachate Release 6. Figure 15: Water impounding over waste (CDLF) and around waste (mulch). Figure 12: Leachate Release 6 in drainage ditch. Figure 14: Leachate in sediment basin from Leachate Release 6. Ft Figure 16: Water ponding in compost operation area. Page 9 of 10 NOR;T CA�INA OepaNmen� of Environmental0uali� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section f �t Figure 17: Compost not properly windrowed in both compost areas. A 4-5-foot layer of compost is underneath the smaller windrows. Figure 18: Windblown waste on sideslopes of active CDLF and in finished compost piles. Page 10 of 10