26006YWN_INSP_20210914

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined MSWLF LCID YW X Transfer Compost SLAS COUNTY: Cumberland
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: YWN-26-006
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: September 14, 2021 Date of Last Inspection: N/A
FACILITY NAME AND ADDRESS: Spruce Drive Site 5398 Spruce Dr Fayetteville, NC 28304 GPS COORDINATES (decimal degrees): Lat.: 35.037454 Long.: -78.968670 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: James Powell, Division Manager for Parks Telephone: [phone]
Email address: [e-mail] Name: Michael Gibson, Director of Fayetteville-Cumberland Parks and Recreation Telephone: [phone] Email address: [e-mail] FACILITY CONTACT ADDRESS: James Powell, Parks Division Manager Fayetteville-Cumberland Parks & Recreation
280 Lamon Street | Fayetteville, NC 28301

PARTICIPANTS: David Powell, Section STATUS OF PERMIT: YWN – originally notified 2012
PURPOSE OF SITE VISIT: Comprehensive Inspection
STATUS OF PAST NOTED VIOLATIONS: N/A
OBSERVED VIOLATIONS:
1. 15A NCAC 13B .1402 (e) Solid waste compost facilities shall be classified based on the types and amounts of materials to be composted as follows: (1)- Type 1 facilities may receive yard and garden waste, silvicultural waste, and untreated and unpainted wood waste. Street sweepings and/or ditch cleanout waste has been dumped into the YWN and in some cases comingling with the yard waste there. Street sweepings and ditch cleanouts should go to MSW landfill. Sections draft guidance document for street sweepings and YWN rules were emailed to City of Fayetteville contacts on
9/24/2021. Other than street sweeping and ditch cleanout wastes, there were many additional unapproved wastes onsite comingled with yard waste. Additional Municipal Solid Wastes (MSW), box spring and
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 6
mattresses, plastics, wood and dimensional lumber, styrofoam plates, scrap metal and tires. These wastes should be removed to appropriate landfill for disposal.
Street sweepings/ditch cleanout waste comingled.
Street sweepings/ditch cleanout waste with MSW wastes comingled.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 6
Tires, plastic, scrap metal, mattresses wood wastes etc.

Glass bottles, plastic bags, misc. wastes.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 6
Metal cans, plastic bottles etc. comingled with yard wastes.

ADDITIONAL COMMENTS 1. David Powell, with the Section, visiting Yard Waste Notification (YWN) for compliance inspection. Mr. Powell contacted City of Fayetteville before visiting.
2. A Yard Waste Notification is a Small Type 1 facility. It shall have an operations area less than two acres in size and shall be limited to no more than 6,000 cubic yards’ material onsite at any given time, including finished product. Rules were readopted in late 2019 (15A NCAC 13B .1400’s rules for Small Type 1 Compost facilities (Yard Waste Notifications). A review of the new rule changes would be good for any staff dealing with the YWN. Yard waste cannot remain in the notification for disposal. If not using for approved processes, then must remove to a disposal site for that waste type. A YWN is for staging, processing and composting. Facility cannot give waste out to public without meeting requirements of 15A NCAC 13B .1406 rules. Renewal shall be submitted by June 1st of each year.
3. Site was secured by gate but further security, such as surrounding by fence may be needed. Site should be secured to prevent unapproved dumping on the site. City would be liable for removing any of the unapproved wastes from the YWN to the proper disposal site. It is unclear what unapproved wastes onsite are from normal operations by the city or what may be trespassers dumping onto property.
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 5 of 6
4. Yard waste seems to be just dumped and pushed into woods line. Unapproved waste is comingled and spread out over the site. 2020 and 2021 renewal states, “There will be composting, the formation of windrows for leaves and grass clippings, windrows will be turned annually. Land debris, wood stumps will be loaded and hauled to country landfill. Mulch is windrows in rows 20'x100' and will be turned when temperature reaches 130 degrees.” It appears the activities stated in the renewal are not occurring. Temperatures must be maintained at 131 degrees or above for three consecutive days, rule reference 15A NCAC 13B .1406.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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5. Four Edge of Waste (EOW) markers outlining the limits of the approved YWN should be installed.

6. Mr. Powell made contact with Mr. James Powell, with City of Fayetteville and discussed the issues at the YWN site and what needs to be done to become compliant. Also, a future site meeting onsite at each YWN facility would be scheduled to discuss those corrective actions.

7. Corrective measures are necessary as result of this inspection. A future meeting will be scheduled to meet onsite with City staff to discuss options after reviewing site historical documents. After this meeting, a
follow up compliance inspection will be conducted by Solid Waste Section. The operator must cease accepting waste at this site until conditions for compliance have been met. Failure to meet the conditions for compliance may result in further Compliance Actions.

Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: [phone] _
David Powell Environmental Senior Specialist Regional Representative
Sent on: 10/19/2021 X Email Hand delivery US Mail Certified No. [ _]

Copies: Andrew Hammonds, Eastern District Supervisor - Solid Waste Section Dylan Friedenberg, Environmental Specialist – Solid Waste Section