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HomeMy WebLinkAbout30004YWN_INSP_20210330FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCID YW X Transfer Compost SLAS COUNTY: Davie MSWLF PERMIT NO.: Not Applicable Closed xxw white Incin T&P FIRM MSWLF goods FILE TYPE: COMPLIANCE CDLF TireT&P Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Site Inspection: 3/30/2021 FACILITY NAME AND ADDRESS: Anderson Aggregates 872 Main Church Road Mocksville, NC 27028 Date of Last Inspection: 1/14/2020 GPS COORDINATES (decimal degrees): Lat.: 35.93705 Long.:-80.57625 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Chris Anderson Telephone: 336-909-1990 Email address: anderson@yadtel.net FACILITY CONTACT ADDRESS: Same as above PARTICIPANTS: Chris Anderson, Anderson Aggregates Heath Little, Anderson Aggregates Deb Aja, NCDEQ — Western District Supervisor — Solid Waste Section Sherri Stanley, NCDEQ — Permitting Branch Head — Solid Waste Section Jordan Russ, NCDEQ — Engineering Project Manager — Solid Waste Section Kim Sue, NCDEQ — Environmental Senior Specialist — Solid Waste Section STATUS OF PERMIT: A permit application for a solid waste treatment and processing facility was submitted to the Section on August 3, 2018. PURPOSE OF SITE VISIT: Operational Inspection STATUS OF PAST NOTED VIOLATIONS: 1. UNRESOLVED: 15A North Carolina Administrative Code 13B .0201(a) states: "No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A- 294(b). " Anderson Aggregates, LLC continues to process and store solid waste (medium density fiber board waste, plywood, oriented strand board, painted materials, and other industrial process wastes, and plastic strapping) at a facility other than a solid waste management facility permitted by the Division for such activity, as cited in the Notice of Violation (NOV) dated July 24, 2018. Page 1 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 2. UNRESOLVED: 15A North Carolina Administrative Code 13B .0201(b) states: "No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b). " Anderson Aggregates, LLC continues to store and process solid waste (medium density fiber board waste, plywood, oriented strand board, painted materials, and other industrial process wastes, and plastic strapping) on property owned and operated by Anderson Aggregates, LLC without having been permitted by the Division for such activity, as cited in the NOV dated July 24, 2018. 3. UNRESOLVED: 15A North Carolina Administrative Code 13B .0201(c) states: "No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a currently valid permit issued by the Division for the specified type of disposal activity. It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located. " Anderson Aggregates, LLC continues to operate and maintain a solid waste management facility without a currently valid permit issued by the Division as cited in the NOV dated July 24, 2018. STATUS OF CORRECTIVE ACTIONS REQUIRED: Following the issuance of NOV letters to Anderson Aggregates, LLC on March 9, 2018 and June 24, 2018, regarding facility violations, subsequent meetings and conversations via phone and email with Mr. Anderson and facility staff established necessary steps to be undertaken to resolve the violations, which included submittal of a permit application and interim operational conditions to allow the facility to operate during the permit review period. Section staff conducted follow-up inspections of the site on April 18, 2019 and April 24, 2019 and found that the facility was out of compliance with the interim operational conditions approved on November 2, 2018. A Notice of Continuing Violation (NOCV) was issued to Anderson Aggregates, LLC on June 5, 2019. The NOCV required that Anderson Aggregates, LLC to take the following corrective actions: 1. "Immediately cease receiving all waste materials at the facility until a permit is issued or the facility is authorized to return to operation by the Section". The facility continues to receive wastes. During the inspection, newly received engineered wood waste, plywood, oriented strand board (OSB), medium density fiberboard (MDF) and industrial wood waste was observed pushed up against the pile of old material. 2. "The mixed waste pile (including any that may be fully or partially buried) behind the sawmill must be removed from the site and disposed of at a Municipal Solid Waste landfill permitted by the Division of Waste Management. Submit all solid waste management facility receipts where the waste is disposed to: Kim Sue, Environmental Senior Specialist, 610 East Center Avenue, Suite 301, Mooresville, NC 28115, kim.sue@ncdenr.gov". During the inspection the mixed waste pile was observed to have been removed from behind the sawmill; however, no solid waste management facility disposal receipts have been received by the Section. 3. "Make any necessary repairs to the ditch along the rear of the operations area to ensure no storm and/or wastewater is being released from the site". Page 2 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management P-W Solid Waste Section During the inspection leachate/wastewater was observed flowing from the ditch to the stormwater pond, overflowing the riprap outlet in the stormwater pond, and flowing onto the adjacent property located at 812 Main Church Rd (parcel number G40000003309). OBSERVED VIOLATIONS: 1. 15A North Carolina Administrative Code 13B .0103(e) states: "No person shall dispose or cause the disposal of solid waste in or on waters in a manner that results in solid waste's entering waters or being deposited upon lands of the state. " Christopher Wayne Anderson and Anderson Aggregates, LLC violated this Rule in that on April 18, 2019, April 24, 2019, October 16, 2019, and January 14, 2020, leachate was observed in a ditch on the north side of the property. The leachate flowed from the ditch into a stormwater pond and from the stormwater pond flowed north onto the adjacent property (parcel number G40000003309) for approximately 288 feet, then flowed slightly west for approximately 201 feet, where it then flowed into an unnamed tributary to Elisha Creek. Christopher Wayne Anderson and Anderson Aggregates, LLC are in violation of this Rule in that on March 30, 2021, leachate was observed in a ditch on the north side of the property. The leachate flowed from the ditch into a stormwater pond and from the stormwater pond flowed north in a ditch onto the adjacent property (parcel number G40000003309), owned by Interstate Forestry, LLC and in an area of the property operated as YWN-30-007. The leachate continued to flow through a ditch and was discharged to a sediment basin with a point of discharge. 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 1. Prior to the issuance of the NOCV dated June 5, 2019, the facility was allowed to operate in accordance with an interim operations plan, approved on November 2, 2018, while a treatment and processing permit application was under review. Due to the failure of Anderson Aggregates, LLC to operate in accordance with the interim operations plan, the facility was required to stop receiving waste until a permit was obtained from the Division. The permit application review could not be completed without requested information. Multiple requests for information were made by the Section. On August 21, 2018, the Section sent Mr. Anderson an e-mail detailing the information required to complete financial assurance piece of the Section's permitting process. On August 23, 2018, Mr. Watkins sent an e-mail to Mr. Anderson and Anderson Aggregates, LLC reiterating the information that had not yet been provided to the Section in order to evaluate future operations at the site and further process the permit application. 2. Based on the management of the facility since 2018, this facility is not a Yard Waste Notification facility and should not continue to submit annual notifications to the Solid Waste Section. The facility is subject to the permitting requirements of 15A NCAC 13B .0300 Rules for Treatment and Processing Facilities. 3. No vegetative wood waste was observed on -site and vegetative waste is not being received. 4. The facility has removed all equipment associated with the sawmill and is currently using the building to process various shipping crates and wooden spools with fiber optic cable. Cardboard, metals, plastics, and fiber optic materials are removed for disposal or further recycling. Page 3 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management P-W Solid Waste Section 5. Mr. Anderson stated that the tub grinder on -site is out of commission and is not going to be repaired. He hires a contractor quarterly to grind material and load it into trailers to be shipped for boiler fuel, with the last grind conducted in mid -December. The ratio for grinding is 3 (new engineered wood waste) to 1 (older engineered wood waste). 6. The interim operations plan required that more material be removed from the site than taken in. He also stated that the older waste extended into the center of the site to where they load trailers. Mr. Anderson stated that it would take another 2.5 years to grind the remaining old waste at the rate he is processing waste. A row of new waste was stockpiled along the old waste. Mr. Anderson explained that one -part old waste is added to three parts new waste when the material is ground. This is not in compliance with the interim operations plan. 7. A range finder was used to determine the size of the stockpiled old waste on -site. The older waste covered an area of approximately 99 yards by 28.5 yards; approximately 0.58 acres. The old waste ranges from three feet to ten feet high. Page 4 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section The ditch carrying leachate from the waste was observed. The leachate flow began on the NE side of the old waste pile, continued under the access roadway in a westerly direction. From the other side of the access roadway, the flow continued through a ditch, constructed through ground wood waste to a stormwater pond, located in the NW corner of the property. The leachate filled the pond, overflowed the rock outlet and continued off -site onto the adjoining property to the north. In a site meeting on January 14, 2020, Ms. Aja had informed Mr. Anderson of the leachate running off -site and Mr. Anderson had acknowledged that it was leachate. Again during this inspection, Ms. Aja informed Mr. Anderson of the leachate being discharged off -site via the ditch. Page 5 of 10 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Aa {9utJet prpe under roadway w �. 4eaet�are{stormw�ler �trh thrau� waste =2 an Gmcp* Eb-r We .AO i . r -_ Page 6 of 40 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 9. Leachate was actively overflowing the outlet of the stormwater pond and flowing off -site. A new ditch was constructed below the stormwater pond, redirecting flow to a sediment basin located on the adjacent property. The leachate no longer flows to the stream and Mr. Anderson stated that he diverted the ditch when they cleared the adjacent property. See Observed Violations Section of this report for additional information. I `• ro F � � ''w. * � 1 •� iti � '. 4�ti i �i• Page 7 of 40 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 8 of 40 size LA EIernnatoundAndersan ` t Af Ve c} Tj 1 {t i• . �� �� F •+.` - _ _ +.lit � -' �� fir i r •I' •+F~i x +11333.6 1' ' �'�Y •� � Ili +' S r FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Please contact me if you have any questions or concerns regarding this inspection report. Digitallysignedby Kim Du: cn=Kim Sue, -Division of Waste Management, o =Solid Waste SectionSue, email=kim.sue@ncdenr.gov,c=US Date: 2021.05.1916:0491-04'00' Phone: (704) 235-2163 Kim Sue Environmental Senior Specialist Regional Representative Sent on: Chris Anderson X Email Hand delivery US Mail Certified No.[ May 19, 2021 Copies: Deb Aja, Western District Supervisor — Solid Waste Section Jason Watkins, Field Operations Branch Head — Solid Waste Section Sherri Stanley, Permitting Branch Head — Solid Waste Section Jordan Russ, Engineering Project Manager — Solid Waste Section Page 10 of 40