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HomeMy WebLinkAbout9230_INSP_20210225NORTH CAR()LINAD_E Q�� OepaNnent W Envimnmenlel puel� 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 HHW White Incin T&P FIRM MSWLF goods 9230-COMPOST- FILE TYPE: COMPLIANCE CDLF X TireT&P Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Site Inspection: February 25, 2021 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 Andrew Hammonds, NC DEQ — Solid Waste Section Grant Kiser, Greenway Waste Solutions of Apex, LLC Date of Last inspection: December 22, 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. CURRENT STATUS OF NOTICE OF VIOLATIONS SENT JANUARY 5, 2021: A. Violation: 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. Status: Unresolved. Griffin Brothers C&D Reclamation and Greenway Waste Solutions, LLC, parent company of Greenway Waste Solutions of Apex, LLC, remain in violation of 15A NCAC 13B .0542 (l)(4) in that leachate was still not being contained onsite at two of the fourpreviously noted C&DLF leachate releases. The following describes the locations of the leachate releases, as seen in the December 22, 2020 inspection, and the status as of the February 25, 2021 inspection. Page 1 of 11 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"-t0E'"�m"""°"""' Solid Waste Section Leachate Release 1 (LR1) was located across a broad area along the northern side slope of the inactive C&DLF. A map of the leachate releases can be found in the Leachate Release Sampling Plan submitted to the Section by Greenway Waste Solutions of Apex on January 29, 2021. During the February 25, 2021 inspection, this release was still flowing from the side slope, however it had been dammed with an earthen berm at the toe of the slope to contain the leachate (Figures 1 and 2). A small area to the east of the berm was wet and flowing into Basin 4 (Figure 3). This substance needs to be investigated further to determine if it is leachate. Leachate Release 2 (LR2) was located at the northwest corner of the inactive C&DLF, across the service road from Basin 1. During the February 25, 2021 inspection, the leachate release was still flowing from the side slope, however it had been dammed with an earthen berm at the toe of the slope (Figures 4). Basin 1 was discolored and may have been contaminated with leachate, although no leachate was observed flowing into the basin during the inspection (Figure 5). Leachate Release 3 (LR3) was located on the southern side slope of the inactive C&DLF, across the service road from Basin 3. During the February 25, 2021 inspection, leachate was actively flowing from this area into Basin 3 (Figures 6 and 7). Ms. Conners and Mr. Hammonds followed the flow of leachate from Basin 3 to a creek that flows from east to west, just the south of the landfill (Figures 8 and 9). Leachate Release 4 (LR4) was located on the southern side slope of the inactive C&DLF, just to the east of LR3. During the February 25, 2021 inspection, leachate was flowing from this area into a ditch (Figure 10). The culvert where the ditch flows under the road and into Basin 3 had been stopped with soil, but leachate was flowing through the soil plug into Basin 3 where it merges with leachate from LR3 (Figure 11). As noted above, the outflow of Basin 3 was flowing into a creek to the south of the landfill (Figure 8 and 9). B. Violation: 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. Status: Unresolved. Griffin Brothers C&D Reclamation and Greenway Waste Solutions, LLC, parent company of Greenway Waste Solutions of Apex, LLC, remain in violation of 15A NCAC 13B .1406 (4) in that organic leachate was still not being contained onsite at one of the two previously noted organic leachate releases from the composting operational areas. The following describes the locations of the organic leachate releases, as seen in the December 22.2020 inspection, and the status as of the February 25, 2021 inspection: Organic Leachate Release 1 (OLR1) was located at the Northwest Compost Area on both the south and north edge of the compost area. During the February 25, 2021 inspection, a large volume of compost material had been removed from this area (Figure 12). The amount of black organic leachate in the sediment basin seemed to be less, based on the color, and Ms. Conners did not observe any organic leachate flowing into the basin. Organic Leachate Release 2 (OLR2) was located at the East Compost Area. During the February 25, 2021 inspection, organic leachate was observed flowing from the compost area in the drainage ditch to the south of the area, and into Basin 6A (Figure 13 and 14). Ms. Conners followed the flow of organic leachate from Basin 6A to the same creek that LR3 and LR4 flow into (Figure 15). CURRENT STATUS OF OBSERVED VIOLATIONS IN THE DECEMBER 22, 2020 INSPECTION REPORT: A. Violation: 15A NCAC 13B .0542 (1) (2) Surface water must not be impounded over or in waste. Status: Unresolved. During the February 25, 2021 inspection, surface water was still observed impounding over the inactive C&DLF (Figure 16). Impounding water over waste was first noted as an issue in the October 29, 2020 inspection. A berm along the service road appeared to be trapping water on the top of the landfill and LCID waste stored on top of the C&DLF was also causing water to pond. Page 2 of 11 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"' t0E'"�m"""°"""' Solid Waste Section B. Violation: 15A NCAC 13B .1406 (3) Stormwater shall be diverted from the operations area. Status: Unresolved. During the February 25, 2021 inspection, surface water was still observed ponding in the operations area of the east compost area and the finished compost area (Figure 17). Stormwater ponding in operations areas was first noted as an issue in the October 29, 2020 inspection. OBSERVED VIOLATIONS: A. 15A NCAC 13B .0542 (g) (3) 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 February 25, 2021 inspection, no methods were being used to contain windblown waste and large amounts of wastes were observed along the side slopes of the C&DLF and in the finished compost area (Figure 18). Mr. Kiser said that a couple times a month he hires people to clean up windblown waste, however windblown waste must be picked up daily. Windblown waste was noted as an issue in the December 22, 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. This issue was noted in the December 22, 2020 inspection for both the northwest compost area and the east compost area. During the February 25, 2021 inspection, compost windrows dimensions in the east compost area still did not meet these specifications; specifically, compost was windrowed on top of an approximately 4 to 5 feet deep layer of compacted compost. Leachate was observed ponding between the rows. This is likely one of the causes of the organic leachate release. Progress to resolve this issue in the northwest compost area was well underway with the removal of the compost. B. During the February 25, 2021 inspection, land clearing waste being stored on top of the inactive C&DLF had water ponding in and around it. This issue was also noted in the October 29, 2020 and December 22, 2020 inspections. Additionally, the western portion of the top of the inactive C&DLF was overgrown with bushes and trees (Figure 19). Mr. Kiser said he thinks the trees are growing on top of an old compost or soil pile stored on top of the C&DLF, which is why that area had not been mowed for several years. The storage of compost and land clearing waste on top of the landfill is likely contributing to the leachate releases on the inactive C&DLF by restricting flow and impounding stormwater over waste. C. The owners and operators of all C&DLF units must cover the solid waste with six inches of earthen material when the waste disposal area exceeds one-half acre and at least once weekly. A berm along the top western portion of the inactive C&DLF had exposed waste on it (Figure 20). This berm might also retain water and contribute to the leachate problem. Additionally, the working face of the C&DLF appeared to be larger than half an acre (Figure 21). Page 3 of 11 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"' t0E'"�m"""°"""' Solid Waste Section D. Monitoring wells must be capped and locked. During the February 25, 2021 inspection, several of the well heads were missing locks or the locks were not secured. E. White goods must not be disposed of in a C&DLF and this facility is not permitted to process white goods. During the inspection, the metal recycling area had white goods in it. Ensure that loads are being inspected and reject waste that cannot be accepted at this facility. F. Seventy-five percent (75%), by weight or volume, of the recovered material stored at a facility at the beginning of a calendar year commencing January 1, must be removed from the facility through sale, use, or reuse by December 31 of the same year. A large amount of concrete for grinding has been stored at the facility for what appears to be longer than a year. During the inspection, weeds were growing up through the concrete material. Additionally, there was unacceptable waste comingled with the concrete, including some waste that may have contained asbestos. Remove all unacceptable waste and grind this material within the appropriate timeframe. It may be necessary to temporarily divert or dispose of the concrete within the C&DLF until grinder is fully operational and the pile is more manageable. CORRECTIVE ACTIONS: The above listed notice of violations, observed violations, and compliance issues require the following corrective actions to bring the site into compliance: 1. C&DLF 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.wemer@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 C&DLF that are outside of the landfill footprint, including ditches, sediment basins, or streams into which the pipe drains. Because this inspection confirmed leachate flowing into the creek to the south of the landfill, water samples of that creek are required. c. Within 30 days of receiving this report, determine the underlying cause of each of the leachate releases from the C&DLF and make repairs to resolve these causes. Specifically, but not limited to, the areas of impounded water over waste on the inactive C&DLF must be repaired to shed water and the berms on top of the inactive C&DLF should be evaluated to determine if they are necessary. Additionally, the land clearing waste and, if present, the compost from on top of the inactive C&DLF should be removed to determine if there is impounded water underneath these wastes. C&DLF Leachate Releases — Sampling Requirements a. Within 30 days of receiving this report, submit an updated Sampling Plan to include additional water samples 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.connersnncdenr.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 Page 4 of 11 FACILITY COMPLIANCE INSPECTION REPORT D_E Q�� Division of Waste Management NORTH CAROLINA o"-t0E'"�m""lW'Ift Solid Waste Section 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. 4. Within 30 days of receiving this report, repair and regrade the inactive C&DLF such that it sheds surface water and does not cause water to impound over waste. 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. Measures to reduce or remove compost in the northwest compost area and the east compost area should continue. 6. Immediately, begin picking up windblown waste at the close of business each day and return to the working face. 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 land clearing waste on top of the C&DLF and regrade the landfill such that it sheds surface water. Additionally, remove the trees and bushes from the landfill and determine the composition of the west edge of the inactive C&DLF. If it is compost, remove this from the top of the landfill. Should Greenway Waste Solutions want to continue using the inactive C&DLF for storage of this material, you must contact the Permitting Branch to seek approval. 8. Within 30 days or receiving this report, cover all waste on the berm of the inactive C&DLF with at least 6 inches of earthen material. Determine if this berm is retaining water over waste and if so, regrade to promote positive drainage. Additionally, ensure the entire working face is covered with earthen material when it gets larger than one half acre or at least once a week. 9. Additionally, yard waste and yard trash were observed dumped along the facility access roads outside approved areas during this inspection due road conditions and work to get the site into compliance. It may be necessary to temporarily divert YW from your facility if you don't have storage capacity. Changes to storage and operations areas should be submitted to the Section for approval before commencing. Page 5 of 11 NORTH CAR()LINAD_E Q�� OepaNnent of Envieonmenbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Attachment 1 contains photos taken during the February 25, 2021 inspection. Please contact me if you have any questions or concerns regarding this inspection report. Davy Digitally signed by Davy Conners S Date: 2021.03.09 Con ner 20:26:20-05'00' Davy Conners Environmental Senior Specialist Regional Representative Phone: (919) 707-8290 (o); (919) 621-3685 (c) Sent on: March 10, 2021 X Email Hand delivery US Mail Certified No. f j Copies: Ed Mussler, Section Chief— Solid Waste Section Jason Watkins, Field Operations Branch Head — Solid Waste Section Sherri Stanley, 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 Montie, 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 11 NORTH CAR()LINAD_E Q�� OepaNnent of Envieonm,nbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Attachment 1: Inspection Photos Taken by Daw Conners and Andrew Hammonds on Fe Figure 1: LR1 dammed by earthen berm. Figure 3: Area to the east of LR1 flowing into ditch and sediment basin. 25, 2021 2: LR1. � :y—„ �.sini�1*�'.,"iK` rblr Lr rr•Y y � I 1tt1 i � Figure 4: LR2 dammed by earthen berm. Page 7 of 11 NOR;T CA�INA OepaNmenf of Environmental0uali� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section yAT y 4 ' 4 Figure 5: Basin 1, across from LR2, was discolored and may have been contaminated with leachate. Figure 6: LR3 flowing into ditch. Pop r we Figure 7: Basin 3 with leachate from LR3 and LR4 flowing into it. r�. Figure 8: Outflow of Basin 3 contaminated with leachate from LR3 and LR4. Page 8 of 11 NORTH CAR()LINAD_E Q�� OepnNnent of Environmenbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section �,: ♦ � % � !' .,, �� � �',� ��. yirf f Y.r: � ," t � to Figure 9: The leachate from outflow of Basin 3 (on right) Figure 10: LR4 flowing into ditch with soil plug. flowin into creek on left). Figure 11: LR4 flowing through the soil plug into Basin 3. Figure 12: The NW Compost Area with most of the compost removed. h.� Figure 13: OLR2. Figure 14: OLR2 flowing into Basin 6A. Page 9 of 11 NORTH CAR()LINAD_E Q�� OepaNnent of Envieonmenbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Figure 15: Organic leachate from OLR2 (on right) flowing into the creek to the south of the landfill (on left). r Figure 17: Water ponding in and around compost Merational area. 19: Trees on top of landfill. Figure 16: Water ponding ontop of inactive C&DLF. Figure 18: Windblown waste in Basin 6. 20: Berm on inactive C&DLF with exposed waste. Page 10 of 11 NORTH CAR()LINAD_E Q�� OepaNnent of Envieonmenbl Wel� FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Figure 21: Working face of C&DLF appears to be larger than half acre. Page 11 of 11