HomeMy WebLinkAbout32N1069_INSP_20160721FACILITY COMPLIANCE INSPECTION REPORT
Department of Environmental Quality
Division of Waste Management - Solid Waste Section
UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: DURHAM
MSWLF
PERMIT NO.: N1069
Closed
HHW
Wbite
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: July 21, 2016 Date of Last Inspection: October 29, 2015
FACILITY NAME AND ADDRESS:
Double R Farm LCID Landfill
2600 Hamlin Road
Durham, NC 27704
GPS COORDINATES: N: 36.06109 W: 078.84125
FACILITY CONTACT NAME AND PHONE NUMBER:
Robert Johnson, Owner and Operator
Cell- 919-740-0007
dblrvendingkemail.com
FACILITY CONTACT ADDRESS:
Robert Johnson
2624 Hamlin Road
Durham, NC 27704
PARTICIPANTS:
Mary Whaley, NCDEQ, Solid Waste
Andrew Hammonds, NCDEQ, Solid Waste
STATUS OF PERMIT:
Land Clearing and Inert Debris Landfill Notification recorded with the Durham County Register of Deeds March 27,
2013. Land Clearing and Inert Debris Landfill Notification approval letter dated April 5, 2013 issued by the SWS to
Robert Johnson. Current status of the Land Clearing and Inert Debris Landfill Notification is OPEN.
PURPOSE OF SITE VISIT:
Partial Inspection
STATUS OF PAST NOTED VIOLATIONS:
NA
OBSERVED VIOLATIONS
1. 15A NCAC 13B .0566(3), "Solid waste shall be restricted to the smallest area feasible and compacted
as densely as practical into cells."
There were many piles of brush and land clearing debris across the LCID site.
2. 15A NCAC 13B .0566(4), "Adequate soil cover shall be applied monthly, or when the active area
reaches one acre in size, whichever occurs first."
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 7
There was more than one acre uncovered. The sidewalls, including the mulch and concrete- any acceptable waste that
is within the Notification edge of waste markers, must be covered at least monthly or when the exposed material is
larger than one acre.
3. 15A NCAC 13B .0563(1)(a) states: The facility is to be operated for the disposal of land clearing waste,
inert debris, untreated wood, and yard trash.
Unacceptable waste including plastic pipe, carpet, plastic soda bottles, painted wood, creosote poles, plywood, old tarp,
carpet, rebar and steel mesh (must be cut flush with concrete and removed), a few piles of what appeared to be C&D
and piles of scrap metal, and aluminum from what looks to have been a shade structure, painted concrete, tires, etc.
were observed. Also observed was a bulldozer pushing 4' schedule 40 pipe and covering instead of removing.
4. 15A NCAC 13B .0562 BENEFICIAL FILL states: A permit is not required for beneficial fill activity that
meets all of the following conditions:
(1) The fill material consists only of inert debris strictly limited to concrete, brick, concrete block,
uncontaminated soil, rock, and gravel.
(2) The fill activity involves no excavation.
(3) The purpose of the fill activity is to improve land use potential or other approved beneficial reuses.
(4) The fill activity is not exempt from, and must comply with, all other applicable Federal, State, and Local laws,
ordinances, rules, and regulations, including but not limited to zoning restrictions, flood plain restrictions,
wetland restrictions, mining regulations, sedimentation and erosion control regulations. Fill activity shall not
contravene groundwater standards.
As noted above, waste materials beyond strictly inert debris were observed on site and within the inert fill area.
Further, this fill area exceeds the scope in terms of volume, acreage, and grades submitted to the Section in 2014.
Therefore, it is not clear that the proposed land use potential can still occur which may change the ability to comply
with other local and state rules.
In order to bring this site in compliance with the above noted rules, the following must occur:
1. Immediately cease acceptance of any waste materials until such time the site is deemed in compliance by
Section staff.
2. Within 15 days, remove any waste material, including any that may be buried, that is not land clearing debris,
inert debris consisting of unpainted block or brick, gravel, asphalt, and yard waste to a disposal facility
permitted by the Section to receive those materials. Disposal receipts must be maintained and submitted to the
Section. NOTE: Test pits may be required as proof of material removal.
3. Within 30 days, all areas of fill must be compacted to the smallest area feasible and covered with a minimum of
twelve (12) inches of clean soil and graded to properly shed surface water. Slopes can be no greater than 3:1.
4. Future fill (inert) activities outside of the 2-acre footprint of the LCID landfill are subject to submittal of a plan
detailing the limits and scale of the proposed activity, including final grades, the proposed beneficial land use,
and proof that the activity complies with other local, state and/or federal requirements. This should include at a
minimum, a letter from Durham County zoning stating status of compliance and the same from either the
Division of Energy, Mineral, and Land Resources or its delegated local Erosion Control program.
Please note that this facility operates under a LCID notification as allowed under 15A NCAC 13B .0563. That
rule allows that a permit is not required as long as the activity does not violate the operational conditions of .0564
and .0566, is under 2 acres in size, and is compliant with any other applicable local, state and federal law and/or
rule.
If this site cannot be brought into compliance as outlined above, the Section will require a permit for any future
operations of this facility from the date of this report.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 7
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.
INSPECTION COMMENTS:
1.The LCID landfill contains edge of waste markers - brown wooden poles. The markers are to be easily visible and
within line of sight. More markers need to be installed to insure line of sight and insure that the waste is contained
within those lines. The markers should be painted or marked in some way to make them easily visible. This must be
done within 30 days of receipt of this report.
2.The side slopes of the LCID landfill and inert material fill activity area should be graded such that no steeper than a
3:1 slope ratio is maintained.
3.The LCID landfill rear side slope, extends past the edge of waste markers, Mr. Johnson had told John Patrone, the
previous Solid Waste inspector, that the slope is composed only of inert debris. This slope must be at no steeper than a
3:1 slope. This slope must be corrected within 30 days of receipt of this report.
4.Please let me know if you are accepting drilling mud. If so, there are rules and approvals that must be obtained prior
to further acceptance.
5. 15A NCAC 13B .0566 (10) states: Surface water shall be diverted from the working face and shall not be impounded
over waste. Water was observed pending around the site in various locations. These areas should be graded
immediately to ensure proper flow of water.
6. There must be easy access around the LCID for emergency equipment, in case of fire. There is presently no access
around the LCID.
7. There must be adequate erosion control measures in place. This did not appear to be the case at the site.
8. Large nails or spikes, in what appeared to be logging deck, must be removed.
9. The access roads are to be of all-weather construction. Improvements must be made on the access roads.
10. The property has a sediment basin. It appeared to be properly maintained.
11. The site is secured by a locked gate. An operator is on site.
12. The facility has a sign visible from the road. The sign must include the Notification number and a telephone number
for emergency contact.
13. Logs suitable for firewood may be separated out from material received and stored on the property, however they
must be stored outside the boundaries of the LCID and YW Notification areas, and they are to be removed/cut every
few months.
Please contact me if you have any questions or concerns regarding this inspection report.
Phone: 919-693-5023
Environmental Senior Specialist
Regional Representative
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 7
Sent on: August 11, 2016
Email
Hand delivery
US Mail
X
Certified No. 7010 3090 0002 6247
4397
Copies: Andrew Hammonds, Eastern District Supervisor
Jessica Montie, Compliance Officer
Jason Watkins, Field Office Branch Head
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Area where it appears that drilling mud has been unloaded
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 7
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Rebar is to be cut off flush with concrete and side slopes steeper than 3:1
All waste in LCID to be covered once a month or when it is one acre in size
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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Unacceptable waste including creosote telephone pole and plastic bags
C&D must be removed