2202T_ROSCANS_2004

NA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr Paul Leek. Manager
County of Clay
PO Box 118
Hayesville. NC 28904
RE: NOTICE OF VIOLATION
Clay County Transfer Facility
Permit #22-02-T
Dear Mr. Leek:
Solid Waste Section
William G. Ross Jr., Secretary
July 19, 2004
Pursuant to N.C.G.S. §130A-22(a) and lSA North Carolina Administrative Code 138, you are hereby
informed that Clay County is operating an unpermitted solid waste disposal site/open dump.
On July 14, 2004, while inspecting the Clay County Solid Waste Transfer Facility, I observed an open
dump located directly behind the transfer facility building. The area was in the past being used to place
beneficial fill material, but recently quite a bit of unacceptable materials have been dumped in this area. In
addition to beneficial fill materials (concrete, block, brick) I observed plastic pipe, wood, burned wood, garbage,
and metal culvert. The Clay County Transfer Facility is operating in violation of the N.C. Solid Waste
Management Rules 15A North Carolina Administrative Code 138; specifically:
lSA North Carolina Administrative Code 138 .0201(a) requires that no person shall establish or allow to
be established on his land, a solid waste management facility, or otherwise treat, store, or dispose of
solid waste unless a permit for the facility has been obtained from the Division.
Based on the foregoing, please take the following actions:
Immediately discontinue all dumping operations and comply by August 16, 2004, with lSA North
Carolina Administrative Code 138 .0502 Unpermitted/Open Dumps by taking the following action:
Remove all non-beneficial fill items from the dump area. If the non-beneficial fill items cannot be
separated, all materials will have to be removed.
Pursuant to N.C.G.S. §130A-22(a) and lSA North Carolina Administrative Code 138, Section .0701-
.0707, an administrative penalty of up to $5.000.00 (five thousand dollars) per day may be assessed for
violations of the Solid Waste Laws or Regulations.
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] I FAX: [phone] I Internet: www.enr.state.nc.us/enr
An Equal Opportunity I Affirmative Action Employer -50% Recycled I 10% Post Consumer Paper
Mr. Paul Leek, Manager
July 19, 2004
Page 2
If you have any questions concerning this matter, please call me at [phone]. Thank you for
your cooperation. 4:el~W?.__
James E. Patterson
Waste Management Specialist
JP/mh
cc: Jim Coffey, NCDENR, Solid Waste
Mark Poindexter, NCDENR Field Operations Branch Head
Brent Rockett, NCDENR, Western Area Supervisor
Ethan Brown, NCDENR, Waste Management
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/enr
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
E?'A ; __ ,,._~-~ NCDENR FACILITY COMPLIANCE AUDIT REPORT
Division ofWaste Management -~~o,
EN.-CHT ""° H-RmJIICQ Solid Waste Section
UNIT TYPE: ( check all that apply to this audit with same Permit number)
Lined LCID YW Transfer x Compost SLAS COUNTY: Clay MSWLF
Closed HHW White Incin T&P FIRM PERMIT NO.: 22-02-T MSWLF rroods
CDLF Tire T&P I x Tire Industrial DEMO SDTF FILE TYPE: COMPLIANCE Collection Monofitt Landfill
Date of Audit: 01/12/04 Date of Last Audit: 10/01/03
FACILITY NAME AND ADDRESS:
Clay County Solid Waste Transfer Facility
·state Road 1148
Hayesville, NC 28904
FACILITYCONTACT NAME AND PHONE NUMBER:
Paul Leek, Clay County Manager
Telephone: [phone]
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Paul Leek, Manager
Clay County
P.O. Box 118
Hayesville, NC 28904
AUDIT PARTICIPANTS:
Jim Patterson, N.C. Solid Waste Section
James Bracken, Clay County Solid Waste Department
STATUS OF PERMIT: .
Expired -Permit issued April 30, 1997. Submit a request to continue operation letter, written by Clay County
Manager, before permit expiration.
PURPOSE OF AUDIT:
Inspection of solid waste transfer facility and scrap tire collection site.
NOTICE OF VIOLATION{S) {citation and explanation):
None
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, 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.
STATUS OF PAST NOTED VIOLATIONS (List all noted last audit):
NIA
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Page 2 of2
OTHER COMMENTS /SUGGESTIONS:
(1) Pick up litter around transfer facility.
Solid Waste Section
(2) Pick up metal that has shifted off the right-hand side of the white goods collection site.
(3) Try to do at least one waste screening inspection each week. The last screening was done in the middle of
December 2003.
Please contact me if you have any questions or concerns regarding this audit report.
0.,,. f ~ (signature) Phone: [phone]. l Regional Representative
Distribution: original signed copy to facility --signed copy to compliance officer -e-mail or copv to super
Delivered on : 01/20/04 by
cc: Mark Poindexter
Brent Rockett
hand delivery x US Mail Certified No. LJ
FACILITY COMPLIANCE AUDIT REPORT
Division of \tVaste Management
Solid \tVaste Section
NCRTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
UNIT TYPE: (check all that apply to this audit with same Permit number•
Lined LCID YW Transfer x Compost SLAS
l\fSWLF
Closed HHW White Inc in T&P FIRM
MSWLF goods
CDLF TireT&P, x Tire Industrial DEMO SDTF
Collection Mono fill Landfill
COUNTY: CLAY
-PERMIT NO.: 22-02-T
FILE TYPE: COMPLIANCE
Date of Audit:_4"-/~13~/0~4-'-------Date of Last Audit:__,1"""/1:..=2""'"/0"--4-'--____ _
FACILITY NAME AND ADDRESS:
Clay County Solid Waste Transfer Facility
State Road 1148
Hayesville, NC 28904
FACILITY CONTACT NAME AND PHONE NUlVIBER:
Paul Leek, Clay County Manager
Telephone: [phone]
FACILITY CONTACT ADDRESS CTF DIFFERENT):
Paul Leek, Manager
Clay County
PO Box 118
Hayesville, NC 28904
AUDIT PARTICIPANTS:
James Bracken, Clay County Solid Waste Department
STATUS OF PERlVIIT:
Expired-Permit issued April 30, 1997. The Clay County Manager submitted a request to continue operations prior to
pennit expiration.
PURPOSE OF AUDIT:
Inspection of Solid Waste Transfer Facility and Scrap Tire collection site.
NOTICE OF VIOLATION(S) (citation and explanation):
None
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, 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.
STATUS OF PAST NOTED VIOLATIONS (List all noted last audit):
NIA
FACILITY COMPLIANCE AUDIT F. ORT
Division of\Vaste Management
Solid Waste Section
Page 2 of2
OTHER COMMENTS /SUGGESTIONS:
(1) Housekeeping is needed at the scrap metal/white goods collection area.
(2) The septic tank that stores leachate from the operation is full. No leachate was over flowing the tank, but if any
more water enters the leachate collection system, it will. Clay County needs to implement an inspection program
for liquid levels in the septic tank and maintain daily records on findings. The septic tank pumper should be
contacted well before the tank reaches maximum capacity.
(3) The recycling area needs attention. Recyclables were overflowing the containers.
( 4) A broken bale of milk jugs was observed behind the transfer building. This material needs to be placed in
appropriate location.
(5) Some LCID material was observed in the field below the transfer facility. Move this material to the yard waste
collection area at top of hill.
Please contact me if you have any questions or concerns regarding this audit report.
Mailed on : [ Click and type date l by hand delive1y x US Mail Certified No. LJ
Distribution: original signed copy to facility-signed copy to compliance officer -email or copy to supervisor
CC: Brent Rockett
DENR-Solid Waste Section
585 Waughtown Street
Winston-Salem, NC 27107
Mark Poindexter
Division of Waste Mgt.
Solid Waste Section
401 Oberlin Road
Raleigh, NC 27605
6-~A -·;~~ -m ,,,.;, , ___ _
NCDENR
FACILITY COMPLIANCE AUDIT REPORT
Division of \,Vaste Management
NCRTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANO NATURAL RESOURCES
Solid Waste Section
UNIT TYPE: (check all that apply to this audit with same Permit number
Lined LCID YW x Transfer x Compost SLAS COUNTY: CLAY MSWLF
Closed HHW White Incin T&P FIRM PERMIT NO.: 22-02-T MSWLF _goods
CDLF TireT&P,' x Tire Industrial DEMO SDTF FILE TYPE: COMPLIANCE Collection Monofill Landfill
Date of Audit:_7_/_14_/0_4 _____ _ Date of Last Audit: 4/13/04 ~~~~~~~~~
FACILITY NAME AND ADDRESS:
Clay County Solid Waste Transfer Facility
State Road 1148
Hayesville, NC 28904
FACILITY CONTACT NAME AND PHONE NUMBER:
Paul Leek, Clay County Manager
Telephone: [phone]
FACILITY CONTACT ADDRESS GF DIFFERENT):
Paul Leek, Manager
Clay County
PO Box 118
Hayesville, NC 28904
AUDIT PARTICIPANTS:
Jim Patterson, NCDENR, Solid Waste Section
Paul Leek, Clay County Manager
Rick Bracken, Clay County Solid Waste Department
STATUS OF PERMIT:
Expired-Pennit issued April 30, 1997. The Clay County Manager submitted a request to continue operations prior to
permit expiration.
PURPOSE OF AUDIT:
Inspection of Solid Waste Transfer Facility, Yard Waste Facility, and Scrap Tire collection site.
!NOTICE OF VIOLATION(S) (citation and explanation):
(1) Permit Condition (5)(c) states that waste shall not be stored on the "tipping floor" after operating hours. The Clay County
Transfer Facility was operating in violation of this permit condition in that a large amount of waste was observed on the tipping
floor at time the facility opened for public use.
(2) Item II(E) [Housekeeping, Litter, and Vector Control] in the Operation Plan for the transfer states that throughout the day and at
the end of each working day, facility personnel will police the building and surrounding site for litter. The Clay County
Transfer Facility was operating in violation of this item in that litter is not being picked up as specified in this part of the
Operational Plan.
A compliance date of Au!!ust 16 2004 has been established for correcting the violations noted above.
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, 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.
ST A TUS OF PAST NOTED VIOLA TIO NS (List all noted last audit):
NIA
', FACILITY COMPLIANCE AUDIT I 'lORT
Division of Waste Management
Solid Waste Section
Page 2 of2
OTHER COMMENTS /SUGGESTIONS:
( 1) The recycling area needs attention. Recyclables were overflowing the containers.
(2) A broken bale of milk jugs located behind the transfer facility has not been moved. This was noted on the last
inspection. Move this material to the appropriate storage area.
(3) The metal/white goods collection area is being cleaned up. This area looks much better.
( 4) The septic tank that stores leachate was once again almost full to the point of overflowing. Initiate measures to
check levels in this tank daily. Leachate escaping this tank may constitute penalties to Clay County.
(5) Several 55 gallon drums were observed at the scrap metal collection area. The drums were not perforated. Take
measures to ensure that drums accepted at your facility cannot contain liquids (holes punched in drums or ends
cut out). Luckily, these drums were empty.
(6) Clay County will be cited in a separate document, A Notice of Violation for operating a non-permitted landfill.
The area behind the transfer facility that was being used as a beneficial fill area contained many unacceptable
materials including metal culvert, plastic pipe, wood, treated wood, burned wood, and some garbage. All the
unacceptable materials will have to be removed. It may mean that everything will have to be removed (including
appropriate beneficial fill material) due to the fact that separating these materials is not possible.
Mailed on~: ______ by hand delivety x US Mail Certified No. LJ
CC:
Distribution: original signed copv to facility -signed copy to compliance officer -email or copy to supervisor
Brent Rockett
DENR-Solid Waste Section
585 Waughtown Street
Winston-Salem, NC 27107
Mark Poindexter
Division of Waste Mgt.
Solid Waste Section
401 Oberlin Road
Raleigh, NC 27605
.....,,, G,"A _•;,I. ..
n --~---• NCDENR
F:..·11.CILITY COMPLIANCE A0DIT REPORT
Division of Waste Management
Solid Waste Section
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANO NATURAL RESOURCES
UNIT TYPE: (check all that apply to this audit with same Permit number
Lined LCID YW Transfer x Compost SLAS
MSWLF
Closed HHW White lncin T&P FIRM
MSWLF goods
CDLF Tire T&P/ Tire Industrial DEMO SDTF
Collection Monofill Landfill
COUNTY: CLAY
PERMIT NO.: 22-02-T
FILE TYPE: COMPLIANCE
Date of Audit: 8/6/04 ~~-------Date of Last Audit:---'7-'--/1=--4'-'-/0=--4.;__ ____ _
FACILITY NAME AND ADDRESS:
Clay County Solid Waste Transfer Facility
State Road 1148
Hayesville, NC 28904
FACILITY CONTACT NAME AND PHONE NUMBER:
Paul Leek, Clay County Manager
Telephone: [phone]
FACILITY CONTACT ADDRESS {IF DIFFERENT):
Paul Leek, Manager
Clay County
PO Box 118
Hayesville, NC 28904
AUDIT PARTICIPANTS:
Jim Patterson, NCDENR, Solid Waste Section
Paul Leek, Clay County Manager
STATUS OF PER\flT:
Expired -April 30, 2002. The Clay County Manager submitted a request to continue operations prior to permit
expiration.
PURPOSE OF AUDIT:
Notice of Violation Compliance Inspection
JNOTICE OF VIOLATION(S) (citation and explanation):
None
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, 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.
STATUS OF PAST NOTED VIOLATIONS (List all noted last audit):
Violations noted on 7/14/04 audit have been resolved.
Page 2 of2
FACILITY COMPLIANCE AUDIT )1EPORT
Division of Waste Management
Solid Waste Section
OTHER COMMENTS /SUGGESTIONS:
(1) Much improvement at site. Keep up with daily operations and do not allow the site to look like a "dump" again.
Please contact me if you have any questions or concerns regarding this audit report.
Mailed on : 9 August, 2004 by hand delivery x US Mail Certified No. LJ
Distribution: original signed copy to facility-signed copy to compliance officer -email or copy to supervisor
CC: Brent Rockett
DENR-Solid Waste Section
585 Waughtown Street
Winston-Salem, NC 27107
Mark Poindexter
Division of Waste Mgt.
Solid Waste Section
401 Oberlin Road
Raleigh, NC 27605
AWA
NCDENR
NcRT"1 C..,.;::iQLINA 01;'.f>ARTMENT OF
ENVJFIONMENT ANO NATL,RAL RESOURCES
North Carolina Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
Mr. Paul Leek, Manager
Clay County
PO Box 118
Hendersonville, North Carolina 28904
RE: Open Dump Compliance Inspection
Clay County Transfer Facility Premises
Permit #22-02-T
Dear Mr Leek:
Solid Waste Section
William G. Ross Jr., Secretary
August 9, 2004
On August 6, 2004, I conducted a compliance inspection at the open dump located behind the Clay County
Transfer Facility building. The inspection documented that solid wastes had been removed from this area and
properly disposed of.
This office wishes to thank you for your cooperation and efforts to expedite remediation of the solid waste
violation.
Please contact me should you have any questions.
Sincerely,
~P:tte<?rttr~
Waste Management Specialist
JP:mjh
cc: Jim Coffey, NCDENR, Solid Waste
Mark Poindexter, NCDENR Field Operations Branch Head
Brent Rockett, NCDENR, Western Area Supervisor
Ethan Brown, NCDENER, Solid Waste
2090 US Highway 70, Swannanoa, North Carolina, 28778
Phone: [phone] I FAX: [phone] I Internet: www.enr.state.nc.us/enr
An Equal Opportunity I Affirmative Action Employer -50% Recycled I 30% Post Consumer Paper
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANO NATURAL RESOURCES
UNIT TYPE: (check all that apply to this audit with same Permit number
Lined LCID YW x Transfer x Compost SLAS
MSWLF
Closed HHW White Inc in T&P FIRM
MSWLF ooods
CDLF TireT&P: x Tire Industrial DEMO SDTF
Collection Monofill Landfill
COUNTY: CLAY
PERMIT NO.: 22-02-T
FILE TYPE: COMPLIANCE
Date of Audit:--=l-=0/'-"1=2/~0-'-4 ____ _ Date of Last Audit:--=8"--/6=-/..;..04..,__ ____ _
FACILITY NAME AND ADDRESS:
Clay County Solid Waste Transfer Facility
State Road 1148
Hayesville, NC 28904
FACILITY CONTACT NAME AND PHONE NUMBER:
Paul Leek, Clay County Manager
Telephone: [phone]
FACILITY CONTACT ADDRESS CTF DIFFERENT):
Paul Leek, Manager
Clay County
PO Box 118
Hayesville, NC 28904
AUDIT PARTICIPANTS:
Jim Patterson, NCDENR, Solid Waste Section
James Bracken, Clay County Solid Waste Department
STATUS OF PERl\tIIT:
Expired -April 2002. The Clay County Manager submitted a request to continue operations prior to permit expiration.
PURPOSE OF AUDIT:
fuspection of Solid Waste Transfer Facility
JNOTICE OF VIOLATION(S) (citation and explanation):
None
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, 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.
STATUS OF PAST NOTED VIOLATIONS (List all noted last audit):
NIA
FACILITY COMPLIANCE AUDIT ,PORT
Division of Waste Management
Solid Waste Section
Page 2 of2
OTHER COMMENTS /SUGGESTIONS:
( 1) Observed some items stored in front of scales and at the end of the scalehouse. Material needs to be cleaned up.
(2) Try to schedule pickup of metal trailer so that metal does not accumulate on the concrete pad.
(3) The record keeping is much improved at this facility.
(4) Yard waste collection area looks good.
Please contact me if you have any questions or concerns regarding this audit report.
Mailed on : 14 October 2004 by hand delivery x US Mail Certified No. LJ
Distribution: original signed copy to facility -signed copy to compliance officer -email or copy to supervisor
CC: Brent Rockett
DENR-Solid Waste Section
585 Waughtown Street
Winston-Salem, NC 27107
Mark Poindexter
Division of Waste Mgt.
Solid Waste Section
401 Oberlin Road
Raleigh, NC 27605
Date July 14, 2004
To: Rick Bracken
Transfer Station Supervisor
From: Paul Leek
County Manager
RE: Transfer Station Operations
Rick,
Jim Patterson, Waste Management Specialist, called me this morning concerning several
issues at the Clay County Transfer Station. He informed me that he was going to issue
citations for the following infractions:
1. An illegal dumpsite at the transfer station.
2. Septic tank overflowing.
3. Trash left on the floor overnight.
4. Trash on the grounds throughout the transfer station. (Wood and tin in the oil
recycling area)
These citations are completely unacceptable and I expect them to be addressed and
corrected within the next two (2) weeks. I also expect the scrap metal area and air the
recycling areas to be maintained and organized daily. The transfer station needs to be run
as a transfer station and not as a salvage yard. All materials need to be disposed of in the
proper location and not set aside to be salvaged thru.
Failure to meet my expectations will result in termination of your contract with the
County to run the transfer station .
. ~
Paul Leek,
County Manager
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