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Home My WebLink About9230_NOV_20210105ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality January 5, 2021 CERTIFIED MAIL 7016 1970 0000 9291 8570 RETURN RECEIPT REQUESTED Michael Lamar Griffin, Registered Agent Greenway Waste Solutions, LLC 19109 West Catawba Ave. Suite 110 Cornelius, NC 28031-5614 SUBJECT: Notice of Violation Compliance Inspection Report Greenway Waste Solutions of Apex, LLC 9230-CDLF-2014 and 9230-COMPOST- Wake County Dear Mr. Griffin: On December 22, 2020, Davy Conners and Amanda Thompson, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with North Carolina solid waste statutes and rules. Grant Kiser was present and represented Greenway Waste Solutions of Apex, LLC during this inspection. The following violation(s) were noted: 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 (1)(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 �-D_EQ�� NORTH CAROLINA ileparlment o� EnviranmanGl puaiity North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Greenway Waste Solutions of Apex, LLC Notice of Violation Page 2 of 5 January 5, 2021 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 flowing from 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. e:!ar:0-f DEQWAj NORTH CAROLINA ilupadmu,I ui Em irp 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Greenway Waste Solutions of Apex, LLC Notice of Violation Page 3of5 January 5, 2021 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). Based upon the foregoing, Greenway Waste Solutions of Apex, LLC shall come into compliance within 30 days of receipt of this notice with all requirements of the regulations in 15A NCAC 13B .0542 (1)(4) and 15A NCAC 13B .0542 .1406 (4) by completing the following: 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.conners@ncdenr.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@ncdenr.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@ncdenr.gov and Davy Conners at davis.conners@ncdenr.gov and must meet the following requirements: • Include a map/aerial photo depicting area of impact and proposed sampling locations. e:!aspf NORTH CAROL INARE )ep.dt tofFmirenme. 10—Ifty North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Greenway Waste Solutions of Apex, LLC Notice of Violation Page 4 of 5 January 5, 2021 • 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 • 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.conners@ncdenrgov, for Section approval. e:!aspf NORTH CAROL INARE Dep.dl tofFmi,Qn.e. 10—Ifty North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Greenway Waste Solutions of Apex, LLC Notice of Violation Page 5 of 5 January 5, 2021 The violations 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions, please call me at (919) 707-8290 or e-mail davis.connersCa@ncdenr.gov. Sincerely, Digitally signed by Davy Conners DN: cn—Davy Conners, o=Division of Waste Management, ou=Solid Waste Section, email=davis.conners@ncdenr.gov, c=US Date: 2021.01.05 14:27:28-05'00' Davy Conners Environmental Senior Specialist Division of Waste Management - Solid Waste Section 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 D_EW NORTH CAROLINA Q Aj ilupaamu,1 ui En irp 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200