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HomeMy WebLinkAbout0403_CORR_20210507 Waste Connections - Eastern Region | 265 Brookview Centre, Suite 205 | Knoxville, TN 37922 | Tel (865) 312-9500 www.wasteconnections.com May 7, 2021 Ms. Teresa N. Bradford North Carolina Department of Environmental Quality Division of Waste Management - Solid Waste Section Mooresville Regional Office 610 East Center Avenue, Ste. 301 Mooresville, North Carolina 28115 RE: Response to Notice of Violation Issued on April 28, 2021 Chambers Development MSW Landfill, Permit No. 0403-MSWLF-2010 Anson County, North Carolina Dear Ms. Bradford: On behalf of Chambers Development of North Carolina, Inc. (CDNC), this letter serves as the response to the Notice of Violation (NOV) issued by the North Carolina Department of Environmental Quality (NCDEQ) on April 28, 2021. The NOV was based on a compliance inspection completed by NCDEQ staff on March 24, 2021 at the Chambers Development MSW Landfill (Anson County Landfill), and it identified three alleged violations. In addition, the NOV stated the following conditions: 1. Within 30 days of receipt of the NOV, implement all measures necessary to control odors at the facility in accordance with the approved operations plan. 2. Within 10 days of receipt of the NOV, all waste must be covered with a minimum of 6 inches of earthen material or an approved alternative cover material at the conclusion of each operating day. Areas which will not have additional waste placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. 3. Within 10 days of receipt of the NOV, all windblown waste must be collected and returned to the active working area. In accordance with this request, CDNC provides the following responses (the text of the alleged violations is presented below verbatim in bolded text, and CDNC’s response is provided below each item in regular text): Ms. Bradford May 7, 2021 Page 2 of 5 Allegation #1 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6 states, “Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.7 Dust, Odor and Vector Control” of the approved Operation Plan states in part, “Odor Control- Odors shall be controlled in accordance with the state regulations [as] well as by the provisions of the Agreement relating to the reporting, monitoring, and necessary corrective actions to be taken. If any particular odorous wastes are received, the wastes will be covered with sufficient material to minimize the odor. The Landfill will employ appropriate waste compaction and covering techniques to minimize the potential for odors related to the working face. This includes the timely placement of daily cover, placing cover quickly over odorous loads and the spreading of lime or other odor neutralizing agents on areas of the landfill that may exhibit odors. Odor neutralizing mists may be employed as well.” During the inspection, strong landfill gas odor and sludge type odors were detected along Highway 74 approximately 0.5 miles both east and west of the landfill entrance road (Dozer Road). The wind direction at the time of the inspection was from the direction of the landfill. No other odors were detected in areas surrounding the landfill. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to control odors. Response #1 CDNC respectfully submits that no violation occurred with regard to this allegation and that the facility has been operated in compliance with the cited regulations. To control odors generated from landfill gas, CDNC installed an active landfill gas collection and control system (GCCS) at the Anson County Landfill in 2007. CDNC has been diligent in expanding the GCCS as needed to coincide with the increasing development of the landfill disposal operations. In December 2020, 5 new landfill gas extraction wells were installed bringing the total count of landfill gas extraction wells to 55. An additional 8 landfill gas extraction wells are scheduled to be added to the GCCS in May 2021. It is anticipated the project will be completed within 3 weeks after its start, but this will be dependent on weather conditions that would make it unsafe to complete as the project, including lightning and wet slope conditions after rain events. Regarding the sewage sludge odors, as the sludge materials enters the Anson County Landfill, the facility immediately buries the sewage sludge with the in-coming municipal solid waste and is not stockpiled on site Ms. Bradford May 7, 2021 Page 3 of 5 to be disposed of at a later date. This waste is transported to the landfill by third-party haulers not under CDNC’s employment. CDNC cannot control the transport operations of the sludge haulers outside of the Anson County Landfill’s property limits. If the hauler stops at a nearby convenience store or parks along a roadway, that is the prerogative of the third-party hauler. Attachment 1 contains the proposed locations of the 8 new landfill gas extraction wells. Allegation #2 15A North Carolina Administrative Code 13B .1626(2)(a) states, “Except as provided in Sub-item (b) of this item, the owner or operators of all MSWLF units must cover disposed waste with six inches of earthen material at the end of each operating day or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.” During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc. a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .1626(2)(a) by failing to adequately cover all disposed waste with six inches of earthen material. Response #2 CDNC took immediate action with on-site personnel and equipment to address the issues noted in NCDEQ’s inspection. As stated in the March 25th inspection report, photographs demonstrating these areas had been corrected were sent to NCDEQ on the same day as the inspection. CDNC would like to make one point of clarification. The CDNC is approved to utilize alternative daily cover at the facility; therefore, a daily soil cover is not required at the end of each operating day as stated above, but at a minimum of one time per week in accordance with Rule .1626(2). To verify continued compliance with the cover requirements, CDNC has contracted Burr Grading, Inc. (Burr) based out of Lilesville, North Carolina to provide additional heavy equipment and operators to assist the landfill with placing of additional interim cover as needed. To date, CDNC has spent $95,475 with Burr for this effort. Additional photographs of various locations on the east and north slopes are provided in Attachment 2. Allegation #3 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6 states, “Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence Ms. Bradford May 7, 2021 Page 4 of 5 unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.17.2 “Daily Cover” of the approved Operation Plan states in part, “Daily Cover comprised of 6 inches of compacted soil or other approved alternative material will be placed on the working face and other exposed waste at the end of each operating day. If conditions warrant (such as adverse weather or excessive wind), daily cover will be applied at more frequent intervals. Daily cover will also serve as a firebreak.” During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to adequately cover all disposed waste with six inches of earthen material. Response #3 Same response as Allegation #2. Allegation #4 15A North Carolina Administrative Code 13B .1626(11)(c) states, “Methods such as fencing and diking shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion of each day of operation, all windblown material resulting from the operation shall be collected and returned to the area by the owner or operator.” During the inspection, windblown waste was observed on the eastern side slope of the landfill. A past noted violation was observed on January 30, 2020 for this same area. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .1626(11)(c) for failing to collect and properly dispose of windblown material at the conclusion of each day of operation. Response #4 CDNC uses various degrees of fencing to help mitigate windblown litter from disposal operations at the facility. In the active disposal area, the facility employs the use of portable windscreens, which are moved to compliment the changing wind directions. In addition, the facility has installed wire fencing on portions of the landfill footprint to catch windblown litter. Windblown litter collection is a daily process at the landfill. This is completed by either landfill personnel or third-party laborers that are hired for this sole purpose. If you have any questions or need additional information, please feel free to contact Mr. Tyler Fitzgerald at the Anson County Landfill or me. My contact information is (865) 312-9514 or mattc@wcnx.org. Ms. Bradford May 7, 2021 Page 5 of 5 Sincerely, Waste Connections Matt Crockett Region Engineer cc: Mr. Tyler Fitzgerald, Chambers Development of North Carolina, Inc.(via email) Attachments Anson Landfill 2021 GCCS Construction Site Plan Pictures of Locations in the East and North Slopes ATTACHEMENT 1 ANSON LANDFILL 2021 GCCS CONSTRUCTION SITE PLAN ATTACHEMENT 2 PICTURES OF LOCATIONS IN THE EAST AND NORTH SLOPES Picture 1 – Recovered eastern slope where inadequate cover was observed. Picture 2 – Recovered eastern slope where inadequate cover was observed. Picture 3 – Recovered eastern slope where inadequate cover was observed. Picture 4 – Recovered northern slope where exposed trash was observed. Picture 5 – Recovered northern slope where exposed trash was observed.