26007YWN_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-26-007
NCD980503031
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: Milan Yard
1000 Milan Rd Fayetteville, NC 28301 GPS COORDINATES (decimal degrees): Lat.: 35.069786 Long.: -78.870862 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Cal Pettiford, Street Maintenance Superintendent 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:
Cal Pettiford, Street Maintenance Superintendent Public Services Department
335 Alexander St| Fayetteville, NC 28301
PARTICIPANTS: David Powell, Section STATUS OF PERMIT: YWN – originally notified 2012
Pre Reg LF - NCD980503031onsite

PURPOSE OF SITE VISIT: Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS: N/A OBSERVED VIOLATIONS:
1. 15A NCAC 13B .0105 - (a) The solid waste collector shall be responsible for the collection and transportation of all solid waste to a solid waste management facility as defined in G.S. 130A-290 that is permitted by the Division.

2. 15A NCAC 13B .0201 - (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 7
(b) No person shall cause, suffer, allow, or permit the treatment, storage, processing, or disposal of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without obtaining a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).
(c) No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a valid permit issued by the Division for the specified type of activity. It is the responsibility of every owner or operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.

Large stockpiles of comingled and partially buried wastes were discovered during inspection of the Milan yard YWN. These stockpiles consisted of soil, comingled with yard wastes, rock, concrete, asphalt and other misc. wastes buried within the stockpiles. This site is not approved for this activity. Miscellaneous wastes included, metal rods, pallets, painted concrete, plastic, pipe, and dimensional lumber. This waste is not just being recovered for later use but has been collected/buried for quite some time with trees visible growing on the stockpiles. Vegetative wastes should only be accepted into the YWN, but there were no Edge of Waste (EOW) markers outlining the 2 acre approved area. Unapproved waste comingled should be disposed of in appropriate landfill not buried or added to other wastes. Stockpiling materials can be done according to G.S. 130A-309.05. Regulated wastes; certain exclusions. (75% rule). (c) (1) – (4). Notice of Violation to follow. The four EOW corners of the approved two-acre Yard Waste notification should marked and visible.
Pallet, plastic pipe, vegetative wastes partially buried and added to larger stockpile.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 7
New vegetative wastes being dumped next to stockpile. Metal post and plastic comingled in vegetative waste.
Larger stockpile of comingled wastes and buried vegetative wastes visible.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 7
Concrete and asphalt buried in large stockpile.
Concrete, brick, metal rebar and asphalt partially buried in large stockpile.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 7
Partially buried clean concrete, painted concrete, metal and vegetative wastes. Smaller stockpile up front.

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. 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.”
Temperatures must be maintained at 131 degrees or above for three consecutive days, rule reference 15A NCAC 13B.1406. It appears the activities stated in the renewal are not occurring.

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

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4. Yard waste and finished product mulch was stockpiled multiple locations on the site. It was unclear what area
was the 2-acre notification. Four Edge of Waste (EOW) markers should be installed, in the approved area, to show what area these processes are operating. There was finished product stockpiled along roadway, fresh yard waste next to stockpiles and comingled in other wastes, and some that looked like it had been
comingled in water before being dumped. Waste shall not be disposed in water firstly, and wetting yard waste creates leachate which the owner must manage.
15A NCAC 13B .1406 (4) - Leachate shall be contained on site or treated prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface waters.

5. There is a pre-regulatory landfill (PRLF) reportedly located at this site. A YWN cannot be located on top of a closed-out disposal site per 15A NCAC 13B (g)(1)(D). The operator must demonstrate that the YWN is not located over the PRLF if you wish to continue this operation at this site. An evaluation of the site to determine the limits of the PRLF should be conducted should you desire to continue to operate at this location. It is recommended that you contact PRLF staff for guidance on the evaluation process.
6. Mr. Powell contacted Mr. James Powell, with City of Fayetteville, to discuss the issues at the YWN site and what needs to be done to become compliant. It was agreed that research needed to be done by Section staff and City staff to determine how to proceed with corrective actions. A future site meeting onsite at each YWN facility
would be scheduled, after researching the facilities and the other sites that some of them have on or nearby the YWN’s, to discuss those corrective actions and what may not need to be done to not disturb the PRLF under one of the sites. Sections draft guidance document for street sweepings and YWN rules were emailed to City of
Fayetteville contacts on 9/24/2021. 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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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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
Ryan Channel, Unit Supervisor - Pre-Regulatory Landfill Program