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HomeMy WebLinkAbout26012YWN_INSP_20210419FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 9 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: April 19, 2021 Date of Last Inspection: November 23, 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 / 9108332318 Email address: leticia@gilmoresfarm.com FACILITY CONTACT ADDRESS: Leticia and Don Gilmore 7016 Pope Cashwell Ct. Hope Mills, NC 28348 PARTICIPANTS: David Powell, Environmental Senior Specialist, SWS Billy Freeman, Dump and Go STATUS OF PERMIT: Yard Waste Notification – 3/9/2020 – NO RENEWAL HAS BEEN RECEIVED. Notified LCID – Closed PURPOSE OF SITE VISIT: Fire Report / Follow Up Inspection 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)(A) - UNRESOLVED 5. 15A NCAC 13B .1402 (g) (1) (D) – UNRESOLVED 6. 15A NCAC 13B .1406 (7) (a) – UNRESOLVED FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 9 OBSERVED VIOLATIONS: 1. 15A NCAC 13B .1406 (7) (a) - Open burning of solid waste shall be prohibited. David Powell conducted a site visit after receiving notification of facility being on fire, from Division of Air Quality representative Stephen Allen. The area where vegetative waste was burned on 11/19/2020 was same area in which vegetative waste has again been brought in, piled, and burned. When inspector arrived, waste was still being burned and smoking. This picture is looking toward where Doc Bennett rd. crosses I-95. 90 Degree right turn is to right of this picture. Office is behind view and to left. Unapproved waste is in picture (large plastic trash can). Remove unapproved waste and dispose at disposal site for that waste type and provide documentation to Section. 2. 15A NCAC 13B .1406 (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. Last Inspection stated, “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 Report needs to be sent to DWM by 12/4/2020 (15 days).” Fire Notification Report has not been received for 11/19/2020. An additional report is due for this fire on 4/19/2021. Submit report to David Powell DWM for both fires. 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 3 of 9 ADDITIONAL COMMENTS 1. David Powell tried to contact owner once arriving but no answer, so a message was left. Facility is still operating by taking waste and burning despite numerous notifications of being told to “CEASE OPERATIONS.” Large trash can in vegetative wastes. Painted dimensional lumber in vegetative waste to be burned. 2. Scrap metal waste has been dumped behind parking area to right once you enter the gate. Again, this site is not approved for this waste type or in this area. Remove and dispose or recycle at a site for this waste type. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 9 3. The area to the right, once you enter the gate, now being used as lay down yard and parking for big trucks, still has waste comingled with soil. Although, it is harder to see due to traffic over time, erosion and more soil being placed over this area. In picture below, you can visibly see torn pieces of silt fence plastic. Old Eagle Refuse is NLCIDLF is in background. 4. The top of the Closed NLCIDLF Eagle Refuse, has had some vegetative waste removed from the top but the excavated material is still present. Plastic, foam, wire, and other wastes still comingled in the soil on top. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 9 5. Waste still being brought in and dumped in the back. Consists of vegetative, rock and soil. Previous waste is now buried or covered with soil. Some of the vegetative waste may be from on site in back, where land clearing is being done. However, a lot of this material is being ground and dumped near where it was dug. Looking at waste area in back of property where heavy metal and asbestos confirmed waste was previously dumped, now covered with soil. Looking~ east, waste goes ~ 100 yards just dumped on top of previous covered waste and towards I-95 more. Standing in large waste area, back of property where asbestos/heavy metal waste was dumped, looking west back up access road towards mine and burn area. Soil is being stockpiled over waste to be spread out along dirt road access. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 9 Close up view of some of the waste along the dirt road access. C and D waste, consisting of concrete, and vegetative wastes and soil from excavated area with roots comingled. 6. Excavation in the mine has expanded towards the NCDOT Right of Way. In fact, soil has been removed underneath some of the fencing along I-95 to the point where the fence is dangling. Pictures were forwarded to NC Dept. of Transportation John Tate, Division of Energy, Mineral and Land Resources Melissa Joyner, Amanda Bader with Cumberland County Solid Waste and David Moon with Cumberland County Deputy Director of Planning. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 9 7. A Corrective Action Plan is required to be submitted to DWM outlining the proper removal of this waste. The plan must include further evaluation of the hazardous waste with Wes Hare, DWM Hazardous Waste Representative to determine where it may be disposed. Contact information wes.hare@ncdenr.gov. Send copy of this plan to Waste Management Section as well. NO WORK SHALL BE DONE TO CLEAN UP ASBESTOS/HEAVY METAL WASTE BEFORE ACTION PLAN IS SUMBITTED TO DWM, NCDHHS AND APPROVED. Plan must include: a reasonable time frame to completion, all waste at this location must be considered as heavy metal and asbestos containing, satisfy all NCDHHS/HWS requirements and procedures for cleanup of asbestos waste and must satisfy all Local government laws and ordinances pertaining to these cleanup activities. Contact NCDHHS on rules, laws, requirements, and procedures for this cleanup. All documentation must be submitted to DWM. 8. Before inspector left facility completely, Mr. Powell observed entrance to Dump and Go facility from across the street. Within 15 minutes, Mr. Powell observed a Dump and Go dump truck enter facility with a full load of waste. Mr. Powell followed this truck into Dump and Go facility. Truck entered and turned in front of the office, went passed the mine, and made a right turn on dirt access road. The truck then went to the back area, where heavy metals and asbestos waste was confirmed previously, and it turned around, then dumped. Mr. Powell took pictures of this incident. Mr. Powell then talked with the driver, Ken Smith, and asked him about the load. Load consisted of vegetative waste, electrical cords and wire, bricks, creosote post, etc. Load came from a house being built on Wade Stedman road. Mr. Powell gave Mr. Smith a business card and informed him this site was not supposed to be accepting loads until violations have been addressed. Mr. Powell also asked Mr. Smith to have Mr. Gilmore to contact Mr. Powell. Mr. Powell then left the facility. Dump truck entering Dump and Go with load. Same truck dumping load in back near end of dirt road access. Driver is Ken Smith. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 8 of 9 Load contained vegetative waste with electrical wire. Also, creosote crosstie with bricks and vegetative waste. 9. Dump and Go facility should CEASE ACCEPTING ANY WASTE AND DO NOT BURN ANY MORE WASTE ONSITE. Owners have been instructed numerous times to cease accepting waste until all violations are resolved. CEASE COVERING AND BURYING WITH SOIL. 10. 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. Maintain and provide documentation of all waste loads leaving in regard to cleanup activities. 11. Corrective measures are necessary as a result of this inspection. A Corrective Action Plan has yet to be received for cleanup of this area must be submitted to DWM within 30 days. 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 enforcement which may include civil penalties. Owners were informed by email on 10/28/2020, after inspection, “expect to proceed with further Compliance Action regarding the cleanup of this site.” 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: 910-433-3350 _ David Powell Environmental Senior Specialist Regional Representative Sent on: 5/3/2021 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 David Moon, Deputy Director – Cumberland County Planning and Inspections Michael Naylor, Chief Building Official – Cumberland County Planning and Inspections Scott Walters, Code Enforcement Manager - Cumberland County Planning and Inspections