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HomeMy WebLinkAbout1203-20120709 Audit1� NCDENR NORTH CAROLINA OERARTM ENT OF E'AHUNMENT ANC NArVRAL RE5OVRGE5 revised 713012012 11:09: 00 AM FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: (check all that apply to this audit with same Permit number) Lined LCID YW Transfer Compost SLAS COUNTY: BURKE MSWLF PERMIT NO.: 12-03 Closed X HHW White Incin T&P FIRM MSWLF goods FILE TYPE: Compliance CDLF X TireT&Pi Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 7/09/12 Date of Last Audit: 5/19/12 and 5/21/12 FACILITY NAME AND ADDRESS Active C&D over Closed MSW Land Fill — Johns River Facility 2500 Marsh Trail Rd. Morganton, NC 28680 GPS COORDINATES: (Decimal Degrees) N: 35.78227" FACILITY CONTACT NAME AND PHONE NUMBER: Greg Watts — Solid Waste Supervisor (828) 439-5246 Cell Carson Fisher — General Services Director (828) 430-1777 FACILITY CONTACT ADDRESS (IF DIFFERENT): Bryan Steen — County Manager P.O. Box 219 Morganton, NC 28680 AUDIT PARTICIPANTS: Bill Wagner, NCDENR — DWM Solid Waste Section Lowell Robinson — Landfill Equipment Operator Greg Watts — Landfill Supervisor E:-81.6916' STATUS OF PERMIT: • Municipal Solid Waste last received prior to 1/01/98 • Municipal Solid Waste Facility Closed in accordance with 15A NCAC .1627 • An active C&D landfill (also covered by Permit 12-03) is in operation on top of the closed MSW landfill. MSWLF FACILITY PERMIT NO: 12-03 ISSUANCE DATE DIN No. Original Permit 12-03: MSWLF: April 16, 1987 N/A Transition Plan (Closure Plan for the MSW included) April 9, 1994 N/A Modification to Transition Plan: 3 Acre C&D Unit Area January 7, 1998 N/A STATUS OF PAST NOTED VIOALTIONS: Violations Observed on May 19T" and May 21 ST 1. CORRECTIVE ACTIONS IN PROGRESS: 15A NCAC 13B .0534(b)(2)(C) for the failure to furnish to the Division, upon request, a written plan, with time lines, for correcting violations of failing to operate the facility in accordance with the operations plan as required byl5A NCAC 13B .0544(b)(2). At the request of Burke County, the Solid Waste Section is working with the County to develop a written plan for correcting violations. FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 2 of 6 2. RESOLVED: 15A NCAC 13B .0542(a) for failing to maintain and operate the facility in accordance with the operation plan prepared in accordance with this Rule. Specifically Item "D" of Section 3 ("Cover Materials Requirements') of Burke County's approved "Operations Plan" requires that "Waste will be covered with six inches of earthen material when the waste disposal area exceeds one-half acre and at least once a week." (Photo #1) 3. CONTINUING VIOLATION: 15A NCAC 13B .1627(d)(1)(A) for failure to maintain the integrity and effectiveness of the [closed MSW landfill ] cap system, by making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the cap system." (Photos #4 and #5) FACILITY HISTORY: The Johns River Municipal Solid Waste (MSW) Landfill is an un-lined landfill owned by Burke County. The original permit (12-03) for this facility was issued on April 16, 1987. The MSW facility was closed on December 31, 1997 in accordance with the requirements in 15A NCAC 13B .1627. An Assessment Monitoring Program for exceedances of the groundwater standards began in August 1995. A Corrective Action Program was initiated in August 2003. A Corrective Action Plan (CAP) to restore groundwater quality, consisting of monitored natural attenuation (MNA) in conjunction with phytoremediation was approved in January 2009. Map 1: Burke Co. GIS - Active C&D Landfill on top of Closed MSW 12-03 Site Map (Red Arrows mm*1 Denote Photo Perspective) FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 3 of 6 PURPOSE OF AUDIT: Follow-up compliance audit. OBSERVED VIOLATIONS: 1. 15A NCAC 13B .0542(f)(2) states in part:"... areas which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material." Burke County is in violation of 15A NCAC 13B .0542(f)(2) in that it failed to maintain a vegetative ground cover or other stabilizing material on the northern and western slopes of the C&D landfill which have not received wastes within the past three months, nor has final termination of disposal operations occurred in this area. (Photos #1 and #3). In order to correct the above cited violation #1, Burke County must, immediately insure that all areas which have not received wastes within the past three months and where the termination of C&D waste disposal operations has not occurred, are covered and stabilized with vegetative ground cover or other stabilizing material. NOTE: In compliance audit dated 9/06/11 the following comment (#24) was made: "24. As the northern and western slopes of the C&D landfill are currently being re -worked and re -shaped, they do not have any cover vegetation. Burke County must ensure that those areas of the landfill which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material." 1. Looking S at the northwest end of the C&D landfill. Area of formerly uncovered waste now properly covered with soil but lacking stabilizing cover. (Photo taken 7/09/12) 2. Looking NW down the access road on the SE side of the landfill. This section of road has been repaired and is now passable. (Photo taken 7/09/12) 2. 15A NCAC 13B .1626(7)(c) states in part: "Provisions fora vegetative ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of MSWLF development." Burke County is in violation of 15A NCAC 13B .1626(7)(c) in that it failed to maintain a vegetative ground cover sufficient to restrain erosion on the southern slopes of the closed MSW landfill. (Photo #6). In order to correct the above cited violation #2, Burke County must, immediately insure that all areas of the closed MSW landfill are covered and stabilized with veaetative around cover that is sufficient to restrain erosion. FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 4 of 6 3. Looking SSE down the western slopes of the C&D landfill. Photo taken 7/09/12. 5. Second area of Excessive erosion on the southeastern slopes of the closed MSW landfill. (Note the 7.5" X 4.5" yellow field book for scale.) Photo taken 7/09/12 4. Excessive erosion on the southeastern slopes of the closed MSW landfill. (Note the 7.5" X 4.5" yellow field book for scale.) Photo taken 7/09/12 6. Area of insufficient cover on the southern slopes of the closed MSW landfill. (Note the 7.5" X 4.5" yellow field book for scale.) Photo taken 7/09/12 3. 15A NCAC 13B .1627(d)(1)(A) states in part: "Maintaining the integrity and effectiveness of any cap system, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the cap system." Burke County is in violation of 15A NCAC 13B .1627(d)(1)(A) in that it failed to maintain the integrity and effectiveness of cap system on the south eastern slopes of the closed MSW landfill. (Photos #4 and #5). In order to correct the above cited violation #3. Burke County must, immediately make all necessary repairs to the cap system of the closed MSW landfill to correct the effects of settlement. subsidence. erosion. and anv other events. FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section IRML.,W.0 The item(s) listed above were observed by Section Staff and require action on behalf of the facility in order to come into 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 Statute or Regulations. For the violation(s) noted here, you may 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. AREAS OF CONCERN AND COMMENTS: 1. Hours of operation: M-F: 7AM — 4PM Sat: 7AM — 1 PM 2. The areas of exposed C&D waste on the NW corner of the closed MSW landfill that were observed during the previous inspection are now properly covered with soil. (Figure 1 and Photo #1). 3. The erosion on the perimeter access road on the eastern side of the landfill (north of groundwater monitoring well #MW 13) that were observed during the previous inspection has been repaired (Photo #2). 4. One more employee of the landfill (Darryl Mayo) has successfully completed the SWANA Landfill Operator's Certification program. 5. The landfill was actively accepting waste during the inspection. 6. No prohibited wastes were observed. 7. The C&D landfill is currently accepting approximately 40 to 50 tons of waste per day. 8. Tipping fees are currently: for C&D waste is currently $32.55 per ton. 9. Waste screening records were reviewed. Wastes are typically screened once a week. The most recent waste screening records were dated August 12, 2011. Please ensure that all waste screening records are maintained in accordance with the approved Operations Plan: "5. WASTE ACCEPTABILITY PROGRAM Random Selection Random selection of vehicles to be inspected will be made on a regular basis. At least one vehicle per week will be randomly selected, at the working face, by the personnel conducting the inspection. A random truck number and time will be selected (e.g., the tenth load after 10: 00 a. in.) on the day of inspections. " Record Keeping Appropriate forms indicating the results of each inspection will be completed. All reports and resulting correspondence will be maintained at the facility office for the life of the landfill and during the post -closure period. " 10. The working face was small and well controlled. 11. There is a litter control fence along the top of the eastern edge of the C&D landfill. 12. Windblown litter is very well controlled. 13. All access roads are well maintained and passable. 14. The sediment basins are well maintained. 15. The perimeter stormwater ditches will soon be in need of routine maintenance to remove silt. 16. In accordance with 15A NCAC 13B .0542(f)(2), please ensure that areas of the C&D landfill which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material." Please contact me if you have any questions or concerns regarding this audit report. FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 6 of 6 Phone: 828-296-4705 Bill Wagner Environmental Senior Specialist Regional Representative Delivered on : 7/30/12 by: Electronic Mail Certified No. 7009 1680 0000 7515 3172 US Mail X To: Bryan Steen - Burke Co. Manager ec: Mark Poindexter — Field Operations Branch Head, Solid Waste Section Jason Watkins — Western District Supervisor, Solid Waste Section Jessica Montie — Compliance Officer, Solid Waste Section Carson Fisher, General Services Director / County Engineer — Burke County