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HomeMy WebLinkAbout26012YWN_INSP_20210518FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 10 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: May 18, 2021 Date of Last Inspection: April 19, 2021 FACILITY NAME AND ADDRESS: Dump and Go 4467 Doc Bennett Rd. Fayetteville, NC 28306 GPS COORDINATES: Lat: 34.970976 Long: -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 Andrew Hammonds, Eastern District Supervisor, SWS STATUS OF PERMIT: Yard Waste Notification – 2020 or 2021 – NO RENEWAL HAS BEEN RECEIVED. Notified LCID – Closed PURPOSE OF SITE VISIT: Fire / 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 10 OBSERVED VIOLATIONS: 1. Third time - 15A NCAC 13B .1406 (7) (a) - Open burning of solid waste shall be prohibited. Andrew Hammonds and David Powell conducted a site visit since Mr. Hammonds drove past day before and witnessed the facility being on fire. This is also same area where waste was burned on 11/19/2020 and 4/19/2021. When inspectors arrived, waste was still being burned and smoking. Waste was measured with laser range finder and was determined to be ~ 143 yards long x 80 yards wide. DAQ was notified on 5/17/2021 and visited late 5/17/2021, DAQ pictures provided to DWM as well. This picture is looking ~ NNW toward where Doc Bennett rd. crosses I-95. 90 Degree right turn of dirt road is to right of this picture. Office is behind view and to left. Unapproved waste is comingled with vegetative wastes in picture (large plastic). Remove unapproved waste and dispose at disposal site for that waste type and provide documentation to Section. Ash must go to MSW landfill. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 10 This photo is looking ~ NW at what is left from burning. Vegetative waste including plastic and other wastes comingled. Some vegetation is still green. 2. Third time - 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 referenced previous inspections by saying, “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 and 4/19/2021, and one should be submitted for this incident as well. Submit report to David Powell DWM for these three 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 4 of 10 ADDITIONAL COMMENTS 1. David Powell tried to contact owner once arriving but no answer, no message was left. Solid Waste staff knocked on office doors as well. Facility is still operating by taking several types of waste that are not approved for this site and burning despite numerous notifications of being told to “CEASE OPERATIONS.” Green vegetation was amongst the waste stockpiles that were being burned. A tub grinder was present onsite near these stockpiles. View is ~ N. Vegetative waste comingled with plastic etc. to be burned. Some waste still green. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 10 2. The top of the Closed NLCIDLF Eagle Refuse, has some vegetative wastes, partially burned, C and D excavated waste, and some of that C and D waste was brought in and not from closed NLCID, and now additional comingled soil, vegetative and ash wastes have been brought up on the south side. Plastic, foam, wire, and other wastes still comingled in the soil on top around the C and D excavated wastes. View is ~ NE. C and D waste, most excavated but some was brought in from offsite and dumped atop closed NLCID. C and D waste size determined by using laser range finder ~ 70 yards x 28 yards. View is ~ East. Soil, vegetative waste, ash (MSW) waste, plastic, metal etc. were present on top closed out NLCID. Comingled waste was ~ 63 yards long x 22 yards wide. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 10 3. Drillers mud has been accepted on top the closed NLCID and dumped on the ~ NE side and allowed to run downhill. Several spots showed signs were dumping had occurred recently. This waste disposal is NOT approved for this site. While onsite, two trucks from DSI arrived with loads, and backed up and started dumping drillers mud in this area. Section staff informed onsite DSI representatives, one being Shaun Gunter, and Mr. Powell was given a phone with Chris Mason on other end of the line, DSI Supervisor, to explain this waste cannot be disposed at Dump and Go. Later, Mr. Powell emailed both Shaun Gunter and Chris Mason the Sections 2018 Drillers Mud Guidance, and an explanation of handling of drillers muds waste. Division of Water Resources Supervisor, Trent Allen, was copied for providing guidance on the rules for DWR. View is ~ SE. Staff witnessed DSI dumping drillers mud on top closed NLCID an allow it to run down slope. Entire load was not dumped but was stopped. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 10 4. Waste still being brought in and dumped in the back of property along and at end of dirt road access. Waste loads consist of comingled vegetative, rock, C and D block, dimensional lumber, plastic and soil etc. Previous waste that was confirmed asbestos and heavy metal containing is now buried or covered with soil. If removed, provide documentation and corrective action plan. Some of the vegetative waste may be from on site in back, where land clearing is being done. C and D block and asphalt is being dumped along the dirt road access and covered, to expanding drivable surface to rear of property. This waste size was determined by laser range finder to be conservatively ~ 45 yards wide x 90 yards long. This waste size didn’t account for waste along roadway or previous buried waste not visible any longer. View is ~ E. Consists of comingled vegetative, rock, C and D block, dimensional lumber, plastic and soil being dumped where asbestos and heavy metals were discovered and then covered. Waste continues to be dumped, spread out and buried. View is ~ NE. Closer up view of plastic 5-gallon bucket, C and D block, vegetative wastes and soil. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 8 of 10 View is ~ N. Along dirt road access, more asphalt and concrete C and D waste being dumped along road and buried. 5. Some chipped vegetative waste was stockpiled in rear of the property near a water feature. Basically waste is beside water. Waste shall not be in water. 15A NCAC 13B .0103 (e) 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. View is looking ~ W. Chipped vegetative waste stockpiled beside water feature. Four stockpiles seen in forefront of photo and to right. Water feature is behind waste. In background and left is closed NLCID and between photographer and closed NLCID is the larger area of waste which has had asbestos and heavy metal waste confirmed. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 9 of 10 6. Corrective measures are necessary as a result of this inspection. 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 Autumn Romanski, DWM Hazardous Waste Representative to determine where it may be disposed. Contact information autumn.romanski@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. A Corrective Action Plan has yet to be received for cleanup of this area must be submitted to DWM within 30 days. 8. 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. 9. 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. 10. A fire report is required for 11/19/21, 4/19/21 and 5/18/21 fires. Ash from these events must go to a MSWLF Municipal Solid Waste Landfill. 11. Documentation of waste received and any removed, if any has left, must be provided to Waste Management Section. 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.” A compliance order is forthcoming. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 10 of 10 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: 5/21/2021 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 Chris Hollinger, Environmental Program Consultant – Solid Waste Section Heather Carter, Regional Supervisor – Division of Air Quality 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