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Home My WebLink About0403_INSP_20210324FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 9 UNIT TYPE: Lined MSWLF X LCID YW Transfer Compost SLAS COUNTY: ANSON Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 0403-MSWLF-2010 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: 3/25/21 Date of Last Inspection: 1/30/20 FACILITY NAME AND ADDRESS: Chambers Development MSW Landfill (Anson County Landfill) 375 Dozer Drive Polkton, North Carolina 28135 GPS COORDINATES (decimal degrees): Lat.: 34.9993 Long.: -80.1687 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Tyler Fitzgerald, District Manager Telephone: (704) 694-6900 Email address: tylerf@wasteconnections.com FACILITY CONTACT ADDRESS: Same as Above PARTICIPANTS: Tyler Fitzgerald, District Manager – Waste Connections, Inc. Dustin Towne, Operations Manager – Waste Connection, Inc. Teresa Bradford, NCDE Q – Solid Waste Section STATUS OF PERMIT: A Life of Site Permit was issued on December 15, 2020. The permit includes the Permit to Construct Phases 3 and 4 and the Permit to Operate Phases 1, 2, and Cell 1A and 2 of Phase 3. The life of site ends when the facility reaches its final permitted elevation. PURPOSE OF SITE VISIT: Operational Inspection STATUS OF PAST NOTED VIOLATIONS: 1. 15A North Carolina Administrative Code 13B .1626(1)(b) and 15A NCAC 13B .0203(d). Corrective Action is progress. On January 12, 2021, Civil and Environmental Consultants, Inc. on behalf of Chambers Development, Inc., submitted correspondence entitled “Hazardous Waste Assessment Plan” in response to the Notice of Violation issued on December 15, 2020. The plan is currently being reviewed by the Solid Waste Section and will be addressed under separate correspondence. 2. 15A North Carolina Administrative Code 13B .1626(8)(d). Resolved On January 31, 2020, Mr. Tyler Fitzgerald, District Manager, submitted photographs via e-mail showing the ditch line had been cleaned and repaired. On February 6, 2020, Mr. Fitzgerald submitted an incident report along with photographs of the leachate outbreak FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 9 repairs and ditch line cleaning and repair via e-mail to Mr. Perry Suggs, Hydrogeologist with the Solid Waste Section. On February 12, 2020, Mr. Fitzgerald submitted a follow-up e-mail to Mr. Suggs with additional photographs. On April 22, 2020, Mr. Sugg sent an e-mail to Mr. Fitzgerald stating that the facility had met the conditions for responding to and evaluating the January 2020 leachate release per the approved sampling plan (FID 1401281). Results showed levels of metals and VOCs in soils to be below action levels and no further action was required. 3. 15A North Carolina Administrative Code 13B .1626(11)(c). Unresolved. See new violation in the Observed Violations Section of this report. OBSERVED VIOLATIONS: A. 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6 states, “Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.7 Dust, Odor and Vector Control” of the approved Operation Plan states in part, “Odor Control- Odors shall be controlled in accordance with the state regulations was well as by the provisions of the Agreement relating to the reporting, monitoring, and necessary corrective actions to be taken. If any particular odorous wastes are received, the wastes will be covered with sufficient material to minimize the odor. The Landfill will employ appropriate waste compaction and covering techniques to minimize the potential for odors related to the working face. This includes the timely placement of daily cover, placing cover quickly over odorous loads and the spreading of lime or other odor neutralizing agents on areas of the landfill that may exhibit odors. Odor neutralizing mists may be employed as well.” During the inspection, strong landfill gas odor and sludge type odors were detected along Highway 74 approximately 0.5 miles both east and west of the landfill entrance road (Dozer Road). The wind direction at the time of the inspection was from the direction of the landfill. No other odors were detected in areas surrounding the landfill. Therefore, Chambers Development of North Carolina, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to control odors. To achieve compliance, implement all measures necessary to control odors at the facility in accordance with the approved operations plan. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 9 B. 15A North Carolina Administrative Code 13B .1626(2)(a) states, “Except as provided in Sub-item (b) of this item, the owner or operators of all MSWLF units must cover disposed waste with six inches of earthen material at the end of each operating day or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.” During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc. is in violation of 15A NCAC 13B .1626(2)(a) by failing to adequately cover all disposed waste with six inches of earthen material. To achieve compliance, all waste must be covered with a minimum of six inches of earthen material or an approved alternative cover material at the conclusion of each operating day. Areas which will not have additional waste placed on them for 12-months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. C. 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6 states, “Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.17.2 “Daily Cover” of the approved Operation Plan states in part, “Daily Cover comprised of 6 inches of compacted soil or other approved alternative material will be placed on the working face and other exposed waste at the end of each operating day. If conditions warrant (such as adverse weather or excessive wind), daily cover will be applied at more frequent intervals. Daily cover will also serve as a firebreak.” During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc. is in violation of 15A NCAC 13B .0203(d) by failing to adequately cover all disposed waste with six inches of earthen material. To achieve compliance, all waste must be covered with a minimum of six inches of earthen material or an approved alternative cover material at the conclusion of each operating day. Areas which will not have additional waste placed on them for 12-months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 9 View of exposed waste along the haul road leading to the active working area. View of exposed waste along the haul road leading to the active working area. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 9 View of exposed waste along the haul road leading to the active working area. D. 15A North Carolina Administrative Code 13B .1626(11)(c) states, “Methods such as fencing and diking shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion of each day of operation, all windblown material resulting from the operation shall be collected and returned to the area by the owner or operator.” During the inspection, windblown material was observed on the eastern side slope of the landfill. A past noted violation was observed on January 30, 2020 for this same area. Therefore, Chambers Development of North Carolina, Inc. is in violation of 15A NCAC 13B .1626(11)(c) for failing to collect and properly dispose of windblown material at the conclusion of each day of operation. To achieve compliance, collect and properly dispose of all windblown waste by the conclusion of each day of operation. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 9 View of windblown waste on eastern side slope of the landfill. View of windblown waste on eastern side slope of the landfill. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 9 ADDITIONAL COMMENTS 1. The facility consists of a MSWLF and a drop-off convenience area for residential waste. 2. The facility is permitted to receive solid waste generated from within the States of North Carolina and South Carolina, consistent with the local government waste management plan and with the franchise approved by the Anson County Board of Commissioners. The facility must not receive solid waste from transfer stations that accept solid waste generated in states other than North Carolina and South Carolina. 3. Proper signage was observed at the entrance of the facility. Operations Inspection of the MSWLF: 4. Waste was being placed in Phase 3, Cell 2. 5. The facility is permitted to use a tarp, automobile shredder fluff mixed with soil, petroleum contaminated soil and seaboard solids as alternative cover material. The facility is currently utilizing automobile shredder fluff as alternative cover material. 6. The facility utilizes two tippers. 7. No unacceptable waste was observed. 8. Edge of waste markers were being maintained. 9. Access roads were well maintained. 10. The woody vegetation on Phase 1 of the MSLWF needs to be removed. 11. Several odor complaints were received by the Solid Waste Section in February and March 2021. According to Mr. Fitzgerald, to address odors, the facility added additional landfill gas collection wells in December and is currently in the design phase to install more landfill gas collection wells. Also, the facility has been recovering areas of the landfill that were previously covered with soil that was sandier in nature with soil that has more clay content. 12. Several areas of the landfill did not have adequate cover. See Observed Violations of this report. On March 25, 2021, Mr. Fitzgerald sent a series of photos by email showing soil cover had been provided over the waste in the area along the haul road leading to active working area. A follow-up inspection will be conducted to verify compliance. Photos provided by Mr. Fitzgerald are below: 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 8 of 9 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 9 of 9 Please contact me if you have any questions or concerns regarding this inspection report. Phone: (704) 235-2160 Teresa N. Bradford Environmental Senior Specialist Regional Representative Sent on: 4/28/21 Email Hand delivery US Mail X Certified No. [7018 0360 0002 2096 6770 Corporation Service Company, Registered Agent ] Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Deb Aja, Western District Supervisor – Solid Waste Section Chris Hollinger, Compliance Officer – Solid Waste Section Tyler Fitzgerald, District Manager – Waste Connections, Inc.