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HomeMy WebLinkAbout5704_ROSCANS_1998McGM A S S O C I A T E S January 8, 1998 Mr. Jim Coffey Division of Solid Waste Management Department of Environment, Health and Natural Resources 401 Oberlin Road Suite 150 Raleigh, North Carolina 27605 RE: Highlands Construction & Demolition (C&D) Waste Landfill Permit Number: 57-61— bq Dear Mr. Coffey: In November, Macon County sent a letter to Mr. Dexter Matthews requesting the operations plan, for the Highlands C & D Landfill in Macon County, be amended to include C&D waste from Jackson County. We have received verbal comments from Mr. Jim Patterson that to amend the operations plan in this manner will require a resolution by Macon County and a public meeting. Please find attached a copy of the approved "Amendment to the Solid Waste Agreement Between Macon County and Jackson County." This Amendment specifically addresses the issue of the Highlands C&D Landfill accepting C&D waste from Jackson County. This Amendment was voted on in a Macon County Commissioner's meeting and has been signed and approved by both counties. Please include this document as an attachment to Macon County's fo,nnal request to amend the operations plan for the Highland C&D Landfill to allow disposal of C&D waste from Jackson County. E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 704-252-0575 • FAX 704-252-2518 Mr. Jim Coffey January 8, 1998 Page 2 Thank you for assistance and please call should you have any questions or need additional information. Sincerely, McGI L SSOCIATES, P.A. F Y R. BISHOP, 1E.I.T. Enclosure cc: Sam Greenwood Charles Button Dan Robinson Dave Fowler Jim Patterson 96117.01 /storrow/jc08jan8. doc AMENDMENT TO 4 MUTUAL SOLM WASTE AGREEMENT BETWEEN MACON COUNTY AND JACKSON COUNTY This Agreerneizt, made this the fifth day J CuKSONf the Year OUNTY�a body7p by nd politic oiicween and MACON COUNTY, a body politic and corporate and A corporate, each being a political subdivision of the State of North Carolina; WHEREAS, 10 1995 the Counties of Jackson and Macon executed an interlocal agreement to allow use. by Jackson County of the Macon County Landfill; and WHURZAJ, Sato agreement also proviuru iur cuviJnwivu u► tu-- y34Yva" yr �vw..��•l�� and demolition waste; and WHEREAS, Jackson County presently operates a construction and demolition landfill at Dillsboro, which Jackson County expects to continue to operate for at least five (5) years; and WHEREAS, Macon County presently operates a construction and demolition landfill at Highlands, which has a remaining useful life of more that. twenty (20) yes; and • WHEIltEAS, portions of each County are closer to the construction and demolition landfill located in the other County; and WHEREAS, the terms of the original agreement do not fully address the objectives and intent of the Counties regarding the disposal of construction and demolition waste; and WHEREAS, the Counties recognize the need, from time to time, to amend the mutual agreement to address changing circumstances and conditions related to the management of solid -waste; NOW 'THEREFORE, in consideration of the mutual covenants, terms, conditions and obligations herein undertaken and pursuant to statutory authority contained in N.C.G.S. 153A-11; 153A- 14; 153A.-136 and Chapter 1591, the parties hereto do hereby agree, each with the other, as follows: 1. Construction and demolition waste produced in. Jackson County may be transported to the construction and demolition landfill being operated by Macon County at or •near Highlands, North Carolina and Macon�County agrees to receive that waste from Jackson County, in those quantities which Jackson County deems appropriate. ' 2. Each County agrees to continue to operate a construction and demolition landfill site so as to accommodate the needs of each County pursuant to the original agreement and this amendment; provided however, Macon County shall not be required to construct a new construction and demolition landfill site when its present site shall have been filled to capacity. 3. Paragraph 14 on Page 6 of the original Agreement is deleted in full and shall be of no further force and effect, the same having been superseded by the provisiotu of this Amendment. 4. The County of Macon and the County of Jackson each agree to charge for the use Of their respective construction and demolition landfills based upon a tipping fee charged to the users thereof. Each County agrees that the tipping fees assessed at their respective construction and*demolition landfill sites shall be the same for depositors of waste from the usifig County as it is for depositors of waste from the horse Coutaty. It is further agreed that the method of collection of the tipping fees shall be in the discretion of the home County, but shall be applied uniformly to the depositors of waste from each County. 5, Except as specifically or by necessary implication amended by the provisions day hereof, the terns and conditions of the original agreement between the'Counties dated the Y of December, 1995, and particularly including the terms of Paragraph 13, shall remain in full force and effect. 6. This Agreement sbaii be effective upon execution by both of the respectivo Parties. 7. This Agreement, including all those agreements incorporated herein by reference, constitutes the entire agreement between the parties hereto, both parties acknowledging the absence of any other representations not herein contained, and shall not be modified or otherwise amended except by written agreement subsequently entered into. IN WITNESS WfMOF, the. parties hereto acting under the authority of their respective governing bodies, have caused this agreement to be duly executed in duplicate'countetparts, each of which shall constitute an original, as of the day and year first above set forth. MACON COUNTY Attest: Kity Manager • Oifeio Clerk to the Board (OFFICIAL SEAL) of Commissioners JA • ON CO By: Chairman, Board of ommissionem Attest: C1 to the Board (OFFICIAL SEAL) State of North Carolina Department of Environment and Natural Resources Division of Waste Management James E. Hunt, Jr., Governor Wayne McDevitt, Secretary William L. Meyer, Director January 9, 1998 Mr. Sam Greenwood, Macon County Manager Macon County Courthouse 5 West Main Street Franklin, North Carolina 28734 RE: Highlands Construction & Demolition (C&D) Landfill Permit Number 57-0Y" Z-0 5� Dear Mr. Greenwood: This letter is in response to your letter dated 18 November 1997 requesting an amendment to the above facility to include acceptance of C&D waste from Jackson County beginning January 1, 1998. I apologize for the delay in getting back to you with an answer. As you are probably aware, the Solid Waste Section has been extremely busy trying to make sure that all counties in North Carolina met the January 1 deadline for closing unlined MSW facilities and providing for disposal in lined MSW facilities either by constructing such a landfill or transferring to one. In regard to your request, the Section can only approve the acceptance of Jackson County C&D waste at the Macon County Highlands C&D Facility once local government approval has been granted in accordance with 15A NCAC 13B .0504(1)(e). Please forward a copy of the local government approval for expanded service area to my office at your earliest convenience to satisfy the requirements for amending the above reference permit. If you have any questions or comments, please feel free to contact me at (336) 771-4608 ext. 204 or the Solid Waste Specialist for you area, Jim Patterson., at (704)251-6208. Sincerely, 4 6LAc;r_ Timothy A. Jewett Western Area Engineer Solid Waste Section cc: Jim Coffey Julian Foscue Jim Patterson P.O. Box 29603, Raleigh, North Carolina 2761 1 -9603 Telephone 919-733-4996 FAX 919-71 5.3605 An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper y � n L I5" NCDENR Mr. Sam K. Greenwood, Manager --.. JAMES B. HUNTJR ; /- Macon County . GOVERNOR 5 West Main Street j Franklin, NC 28734 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Re: Macon County Highland C&D Landfill 14, WAYNE MCDEVITT ` '.sECRETARY Solid Waste Permit No. 57-04 .r WILLIAM L. ME ^' VIKC�rIVR em_= 't Dear Mr. Greenwood: DIVISION OF WASTE MANAGEMENT July 7, 1998 Enclosed please find a solid waste permit and the accompanying conditions for the subject facility, issued in accordance with N.C.G.S. 130A-294 and the NC Solid Waste Management Rules. This permit is issued for a five year period and is subject to review on or before 7 July 2003 or until the approved capacity of the certified area is exhausted. Please review the conditions of permit carefully. If you have any questions or comments about the enclosed permit, please feel free to contact me at (336) 771-4608 ext. 204 or the Solid Waste Specialist for your area, Jim Patterson, at (704) 251-6208. Timothy A. Vett Western Area Engineer Solid Waste Section 0777 RECEIVED SWS.WSRO cc: Jim Coffey J� �G zeZ Julian Foscue Jim Patterson Raleigh Central Files: Macon County (Highlands) C&D Landfill, Permit #57-04 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50-. RECYCLED/10yo POST -CONSUMER PAPER PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 7 JULY 1998 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF SOLID WASTE MANAGEMENT P.O. BOX 27687 RALEIGH, NC 27611 SOLID WASTE PERMIT MACON COUNTY is hereby issued a PERMIT TO OPERATE a CONSTRUCTION AND DEMOLITION LANDFILL accessed via NCSR 1710, Highlands, Macon County, NC in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is located and described by the legal description of the site on the attached sheet. J#es C. Coffey, Su ermitting Branch Solid Waste Section PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 7 JULY 1998 SOLID WASTE PERMIT Permit to Construct and Operate MACON COUNTY (HIGHLANDS) CONSTRUCTION AND DEMOLITION LANDFILL CONDITIONS OF PERMIT: General: This permit shall not be effective unless the certified copy is filed in the Register of Deeds office and indexed in the grantor index under the name of the owner of the land in the county or counties in which the land is located. The certified copy of the permit, affixed with the Register's seal and the date, book, and page number of recording shall be returned to the Division of Solid Waste Management (the Division). 2. When this property is sold, leased, transferred or conveyed, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a sanitary landfill. This permit is for a period of five years and is subject to review on or before 7 July 2003, as per 15A NCAC 13B .0201(c), according to the issuance date of the permit. Modifications to the facility may be required in accordance with the rules in effect at the time of review. 4. The approved plan for this facility is described in Attachment 1, "List of Documents for Approved Plan". Where discrepancies exist, the most recent submittal and these Conditions shall govern. Some components of the approved plan are reiterated in these Conditions. 5. This permit is not transferable. 6. A copy of this permit and the approved plan shall be maintained at the facility. 7. The owner/operator is responsible for obtaining any and all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual NPDES Stormwater Discharge Permit. Construction and Operation: This permit is for the development of the Macon County (Highlands) Construction and Demolition Landfil, Cells 5-13 within the approved facility description, in accordance with the approved plan. Development of subsequent cells will require Macon County to notify the Division of Solid Waste Management (DSWM) 180 days prior to the scheduled date of construction, and receive written approval from DSWM regarding said notification. 2. This solid waste management facility is permitted to receive the following waste types: a. Land -clearing debris as defined in G.S. 130A-290, specifically, solid waste that is generated solely from land -clearing activities, such as stumps, trees, ets.; b. Inert debris defined as solid waste which consists solely of material that is virtually inert, such as brick, concrete, rock and uncontaminated soil; and C. Asphalt in accordance with G.S. 130A-294(m); d. Construction and demolition debris defined as solid waste resulting solely from construction, remodeling, repair or demolition operations on pavement, buildings, or other structures; Note: Yard trash defined as solid waste consisting solely of vegetative matter resulting from landscaping maintenance (see G.S. 130A-290) is banned from disposal in this facility as per NC General Statutes. 3. All sedimentation and erosion control measures willl be conducted in accordance with the Sedimentation Control Act codified at 15 NCAC 4. Native vegetation shall be established on the completed landfill. 4. The following requirements shall be met prior to operation of this facility: a. Site preparation shall be in accordance with the construction plan and the conditions specified herein. b. Site inspection shall be made by a representative of the Division of Solid Waste Management (DSWM). C. Signs shall be posted at the facility in accordance with the Access and Safety Requirements under Operation Condition No. 5 listed below. d. Surface water monitoring locations shall be established and groundwater monitoring wells (see Monitoring and Reporting Requirements) shall be installed. A baseline sampling event for background water quality shall be performed. Well construction records and sampling analysis results shall be submitted to the Section Hydrogeologist for review and approval prior to operation. e. Recordation procedures for the permit shall be implemented as described above in General Conditions Numbers 1 and 2. 2 5. Operation of the facility shall occur in accordance with the NC Solid Waste Management Rules 15A NCAC 13B .0505, "Operational Requirements for Sanitary Landfills", the approved Operations Plan, and the following specific conditions: Waste Acceptance and Disposal a. The facility shall accept only those solid wastes which it is permitted to receive. b. No municipal solid waste, hazardous waste, or liquid waste shall be accepted for disposal. C. The permittee shall implement a program at the facility for detecting and preventing the disposal of unacceptable wastes. The program shall include, at a minimum: i. Random inspections of incoming loads or other comparable procedures; ii. Recordkeeping which documents these inspections; iii. Training of personnel to recognize hazardous, liquid, and other unauthorized waste types; iv. Development of a contingency plan to properly manage any identified hazardous or problem wastes; The plan must address identification, removal, storage, and final disposition of these wastes. Cover Material Requirements a. Operational soil cover of at least six inches shall be placed at least once per week or when the active area reaches 1 /2 acre in size or more often as necessitated by the nature of the waste so as to prevent the site from becoming a visual nuisance and to prevent fire, windblown materials, vectors or water infiltration. b. Areas which will not have additional waste placed on them for 12 months or more, but where final termination of operations has not occurred, shall be covered with a minimum of one foot of soil cover. C. After final termination of disposal operations at the site, or major part thereof, or upon revocation of a permit, the fill areas shall be covered with at least two feet of suitable compacted earth. Access and Safety a. The facility shall be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the DSWM to prevent unauthorized entry. b. An attendant shall be on duty at the site at all times while it is open for public use to ensure compliance with operational requirements. C. The access road to the site shall be of all-weather construction and maintained in good condition.. d. Dust control measures shall be implemented when necessary. e. Signs providing information on dumping procedures, the hours of operation, the permit number, and other pertinent information shall be posted at the site entrance. f. Signs shall be posted stating that no MSW, hazardous waste or liquid waste can be received. g. Traffic signs or markers shall be provided as necessary to promote an orderly traffic pattern to and from the discharge area and to maintain efficient operating conditions. h. The removal of solid waste from the facility is prohibited unless the owner/operator approves and the removal is not performed on the working face. i. Barrels and drums shall not be disposed of unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste is contained therein, except fiber drums containing asbestos. j. Open burning of solid waste is prohibited. k. The concentration of explosive gases generated at the facility shall not exceed: i. twenty-five percent of the limit for gases in site structures (excluding gas control or recovery system components); and ii. the lower explosive limit for gases at the facility boundary. Erosion and Sedimentation Control a. Adequate sedimentation and erosion control measures shall be practiced to prevent silt from leaving the site. b. Adequate sedimentation and erosion control measures shall be practiced to prevent excessive on -site erosion. C. Provisions for a vegetative ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of C&D landfill development. Drainage Control and Water Protection Requirements a. Surface water shall be diverted from the operational area. b. Surface water shall not be impounded over or in waste. C. A separation distance of at least four feet shall be maintained between waste and the ground -water table. d. Solid waste shall not be disposed of in water. e. Leachate shall be contained on site or properly treated prior to discharge. An NPDES permit may be required prior to discharge of leachate to surface waters. All pertinent landfill operating personnel will receive training and supervision necessary to properly operate this landfill. 6. Ground water quality at this facility is subject to the classification and remedial action provisions referenced in Rule .0503 (2)(d) of 15A NCAC 13B. 7. A closure and post -closure plan must be submitted for approval at least 90 days prior to closure or partial closure of any landfill unit. The plan must include all steps and measures El necessary to close and maintain the facility in accordance with all rules in effect at that time. At a minimum, the plan shall address the following: a. Design of a final cover system; b. Construction and maintenance/operation of the final cover system and erosion control structures; C. Surface water, ground water, and explosive gas monitoring. MONITORING AND REPORTING REQUIREMENTS 1. Ground -water monitoring wells and monitoring requirements for the C&D landfill units: a. Monitoring well design and construction shall conform to the specifications outlined in Attachment 2, "North Carolina Water Quality Monitoring Guidance Document for Solid Waste Facilities." b. A total of four monitoring well locations as illustrated in the approved plans shall be established to monitor the facility. C. A geologist shall be in the field to supervise well installation. The exact locations, screened intervals, and nesting of the wells shall be established after consultation with the SWS Hydrogeologist at the time of well installation. d. For each new monitoring well constructed, a well completion record shall be submitted to DSWM within 30 days upon completion. e. Prior to the acceptance of any waste at the facility, a baseline sampling event shall be completed. f. Sampling equipment, procedures, and parameters shall conform to specifications outlined in the above -referenced guidance document, (Attachment 2), or the current guidelines established by DSWM at the time of sampling. g. In order to determine ground -water flow directions and rates, each monitoring well shall be surveyed, and hydraulic conductivity values and effective porosity values shall be established for the screened intervals for each monitoring well. h. The permittee shall sample the monitoring wells semi-annually or as directed by the SWS Hydrogeologist. i. A readily accessible unobstructed path shall be initially cleared and maintained so that four-wheel drive vehicles may access the monitoring wells at all times. 2. The permittee shall establish two locations for surface water sampling. Surface water shall be sampled and analyzed semi-annually according to the protocol and parameters required by the Solid Waste Section at the time of sampling. 3. The permittee shall maintain a record of all monitoring events and analytical data. Reports of the analytical data for each water quality monitoring sampling event (l .h. & 2.) shall be submitted to DSWM in a timely manner. 4. Explosive gas monitoring shall be performed as needed to ensure compliance with the standards in Rule .0503 (2)(a). 5. The permittee shall maintain a record of the amount of solid waste received at the facility, compiled on a monthly basis. Scales shall be used to weigh the amount of waste received. 6. On or before 01 August (or an earlier date as requested by the Solid Waste Section) of each year, the permittee shall report the amount of waste received (in tons) at this facility and disposed of in the landfill to the Solid Waste Section and to all counties from which waste was accepted, on forms prescribed by the Section. This report shall include the following information: a. The reporting period shall be for the previous year, beginning 01 July and ending on 30 June; b. The amount of waste received and landfilled in tons, compiled on a monthly basis, according to Condition 6 described above; and C. Documentation that a copy of the report has been forwarded to all counties from which waste was accepted. 7. All pertinent records and reports shall be maintained on -site and made available to the SWS upon request. R PERMIT NO.57-04 ISSUED 8 JUNE 1993 MODIFIED 7 JULY 1998 ATTACHMENT 1 List of Documents for the Approved Plan The following documents are incorporated into the approved plan for Permit No. 57-04: 1. Response to completeness review letter, submitted 1 December 1992, which include revised report and drawings by Cranston, Robertson & Whitehurst, P.C.. 2. Letter of approval for sedimentation and erosion control plan dated 29 July 1992. 3. Legal Description of the Facility 4. Letter dated 18 November 1997 submitted to the Section by Macon County Manager, Sam K. Greenwood, requesting that Jackson County be included in the Highlands C&D Landfill service area. 5. Letter dated 8 January 1998 submitted to the Section by McGill Associates providing the ammendment to the Mutual Solid Waste Agreement between Macon and Jackson Counties. The ammendment allows the disposal of Jackson County C&D waste at the Highlands C&D Landfill in Macon County. 6. Permit renewal application dated 25 May 1998, submitted by McGill Associates, P.C. 7 PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 7 JULY 1998 APPENDIX 1 APPROVED SERVICE AREA MACON COUNTY HIGHLAND C&D LANDFILL The following counties are included in the service area for Permit No. 57-04: WIN JACKSON 8 JAMES B. HUNTJIa.'- .-GOVERNOR 1 k ,.WAYNE MCDEVITT SECRETARY `..WILLmm L. MEVER { J]? RECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT January 27, 1998 Mr. Sam K. Greenwood, Manager Macon County 5 West Main Street Franklin, NC 28734 Re: Macon County Highland C&D Landfill Solid Waste Permit No. 57-04 Dear Mr. Greenwood: Enclosed please find an amended solid waste permit and the accompanying conditions for the referenced facility. The amendment to the permit is in response to Macon County's request to add Jackson County to the facility service area. This permit was originally issued for a five year period. According to the date of issue, the permit will be up for review on June 8, 1998. Since some Solid Waste Management Rules may have changed since the permit was issued, please review your operating procedures and monitoring practices with regard to the current rules to make sure you are operating according current requirements of the Solid Waste Section. Also, please review your disposal areas to determine if you have exceeded the disposal footprint originally permitted. If you are currently operating outside of the originally permitted area, additional monitoring wells and hydrogeological data may be required to renew your permit. If you have any questions or comments about the enclosed amended permit or procedures for renewing the permit, please feel free to contact me at (336) 771-4608 ext. 204 or the Solid Waste Specialist for your area, Jim Patterson, at (704) 251-6208. Sincerely Timothy A. Jewett Western Area Engineer Solid Waste Section cc: Jim Coffey Julian Foscue Jim Patterson Raleigh Central Files: Macon County (Highlands) C&D Landfill, Permit #57-04 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 12 JANUARY 1998 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF SOLID WASTE MANAGEMENT P.O. BOX 27687RALEIGH, NC 27611 SOLID WASTE PERMIT MACON COUNTY is hereby issued a PERMIT TO OPERATE a CONSTRUCTION AND DEMOLITION LANDFILL accessed via NCSR 1710, Highlands, Macon County, NC in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is located and described by the legal description of the site on the attached sheet J' es C. Coffey, Su Permitting Branch Solid Waste Section PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 12 JANUARY 1998 SOLID WASTE PERMIT Permit to Construct and Operate Macon County (Highlands) CONSTRUCTION AND DEMOLITION LANDFILL CONDITIONS OF PERMIT: General: This permit shall not be effective unless the certified copy is filed in the Register of Deeds office and indexed in the grantor index under the name of the owner of the land in the county or counties in which the land is located. The certified copy of the permit, affixed with the Register's seal and the date, book, and page number of recording shall be returned to the Division of Solid Waste Management (the Division). 2. When this property is sold, leased, transferred or conveyed, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a sanitary landfill. This permit is for a period of five years and is subject to review on or before 8 June 1998, as per 15A NCAC 13B .0201(c), according to the issuance date of the permit. Modifications to the facility may be required in accordance with the rules in effect at the time of review. 4. The approved plan for this facility is described in Attachment 1, "List of Documents for Approved Plan". Where discrepancies exist, the most recent submittal and these Conditions shall govern. Some components of the approved plan are reiterated in these Conditions. This permit is not transferable. Construction and Operation: This permit is for the development of the Macon County (Highlands) Construction and Demolition Landfil, Cells 1-5 in accordance with the approved plan. Development of subsequent cells will require Macon County to notify the Division of Solid Waste Management (DSWM) 180 days prior to the scheduled date of construction, and receive written approval from DSWM regarding said notification. 2. This solid waste management facility is permitted to receive the following waste types: a. Land-clearingdebris ebris as defined in G.S. 130A-290, specifically, solid waste that is generated solely from land -clearing activities, such as stumps, trees, ets.; b. Inert debris defined as solid waste which consists solely of material that is virtually inert, such as brick, concrete, rock and uncontaminated soil; and C. Asphalt in accordance with G.S. 130A-294(m); d. Construction and demolition debris defined as solid waste resulting solely from construction, remodeling, repair or demolition operations on pavement, buildings, or other structures; Note: Yard trash defined as solid waste consisting solely of vegetative matter resulting from landscaping maintenance (see G. S. 130A-290) is banned from disposal in this facility as per NC General Statutes. All sedimentation and erosion control measures willl be conducted in accordance with the Sedimentation Control Act codified at 15 NCAC 4. Native vegetation shall be established on the completed landfill. 4. The following requirements shall be met prior to operation of this facility: a. Site preparation shall be in accordance with the construction plan and the conditions specified herein. b. Site inspection shall be made by a representative of the Division of Solid Waste Management (DSWM). C. Signs shall be posted at the facility in accordance with the Access and Safety Requirements under Operation Condition No. 5 listed below. d. Surface water monitoring locations shall be established and groundwater monitoring wells (see Monitoring and Reporting Requirements) shall be installed. A baseline sampling event for background water quality shall be performed. Well construction records and sampling analysis results shall be submitted to the Section Hydrogeologist for review and approval prior to operation. e. Recordation procedures for the permit shall be implemented as described above in General Conditions Numbers 1 and 2. 5. Operation of the C&D Landfill shall conform to the operating procedures described in the approved plan and in accordance with the the following requirements: Waste Acceptance and Disposal a. The facility shall accept only those solid wastes which it is permitted to receive. b. No municipal solid waste, hazardous waste, or liquid waste shall be accepted for disposal. 2 C. The permittee shall implement a program at the facility for detecting and preventing the disposal of unacceptable wastes. The program shall include, at a minimum: i. Random inspections of incoming loads or other comparable procedures; H. Recordkeeping which documents these inspections; iii. Training of personnel to recognize hazardous, liquid, and other unauthorized waste types; iv. Development of a contingency plan to properly manage any identified hazardous or problem wastes; The plan must address identification, removal, storage, and final disposition of these wastes. Cover Material Requirements a. Operational soil cover of at least six inches shall be placed at least once per week or when the active area reaches 1/2 acre in size or more often as necessitated by the nature of the waste so as to prevent the site from becoming a visual nuisance and to prevent fire, windblown materials, vectors or water infiltration. b. Areas which will not have additional waste placed on them for 12 months or more, but where final termination of operations has not occurred, shall be covered with a minimum of one foot of soil cover. C. After final termination of disposal operations at the site, or major part thereof, or upon revocation of a permit, the fill areas shall be covered with at least two feet of suitable compacted earth. Access and Safety a. The facility shall be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the DSWM to prevent unauthorized entry. b. An attendant shall be on duty at the site at all times while it is open for public use to ensure compliance with operational requirements. C. The access road to the site shall be of all-weather construction and maintained in good condition, d. Dust control measures shall be implemented when necessary. e. Signs providing information on dumping procedures, the hours of operation, the permit number, and other pertinent information shall be posted at the site entrance. f. Signs shall be posted stating that no MSW, hazardous waste or liquid waste can be received. g. Traffic signs or markers shall be provided as necessary to promote an orderly traffic pattern to and from the discharge area and to maintain efficient operating conditions. h. The removal of solid waste from the facility is prohibited unless the owner/operator approves and the removal is not performed on the working face. i. Barrels and drums shall not be disposed of unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste is contained therein, except fiber drums containing asbestos. C, j. Open burning of solid waste is prohibited. k. The concentration of explosive gases generated at the facility shall not exceed: i. twenty-five percent of the limit for gases in site structures (excluding gas control or recovery system components); and ii. the lower explosive limit for gases at the facility.boundary. Erosion and Sedimentation Control a. Adequate sedimentation and erosion control measures shall be practiced to prevent silt from leaving the site. b. Adequate sedimentation and erosion control measures shall be practiced to prevent excessive on -site erosion. Provisions for a vegetative ground co accomplished within 30 working days or phase of C&D landfill development. ,er sufficient to restrain erosion must be 120 calendar days upon completion of any Drainage Control and Water Protection Requirements a. Surface water shall be diverted from the operational area. b. Surface water shall not be impounded over or in waste. C. A separation distance of at least four feet shall be maintained between waste and the ground -water table. d. Solid waste shall not be disposed of in water. e. Leachate shall be contained on site or properly treated prior to discharge. An NPDES permit may be required prior to discharge of leachate to surface waters. All pertinent landfill operating personnel will receive training and supervision necessary to properly operate this landfill. Ground water quality at this facility is subject to the classification and remedial action provisions referenced in Rule .0503 (2)(d) of 15A NCAC 13B. 7. A closure and post -closure plan must be submitted for approval at least 90 days prior to closure or partial closure of any landfill unit. The plan must include all steps and measures necessary to close and maintain the facility in accordance with all rules in effect at that time, At a minimum, the plan shall address the following: a. Design of a final cover system; b. Construction and maintenance/operation of the final cover system and erosion control structures; C. Surface water, ground water, and explosive gas monitoring. MONITORING AND REPORTING REQUIREMENTS Ground -water monitoring wells and monitoring requirements for the C&D landfill units: a. Monitoring well design and construction shall conform to the specifications outlined in Attachment 2, "North Carolina Water Quality Monitoring Guidancd Document for Solid Waste Facilities." b. A total of four monitoring well locations as illustrated in the approved plans shall be established to monitor the facility. C. A geologist shall be in the field to supervise well installation. The exact locations, screened intervals, and nesting of the wells shall be established after consultation with the SWS Hydrogeologist at the time of well installation. d. For each new monitoring well constructed, a well completion record shall be submitted to DSWM within 30 days upon completion. e. Prior to the acceptance of any waste at the facility, a baseline sampling event shall be completed. f. Sampling equipment, procedures, and parameters shall conform to specifications outlined in the above -referenced guidance document, (Attachment 2), or the current guidelines established by DSWM at the time of sampling. g. In order to determine ground -water flow directions and rates, each monitoring well shall be surveyed, and hydraulic conductivity values and effective porosity values shall be established for the screened intervals for each monitoring well. h. The permittee shall sample the monitoring wells semi-annually or as directed by the SWS Hydrogeologist. i. A readily accessible unobstructed path shall be initially cleared and maintained so that four-wheel drive vehicles may access the monitoring wells at all times. 2. The permittee shall establish two locations for surface water sampling. Surface water shall be sampled and analyzed semi-annually according to the protocol and parameters required by the Solid Waste Section at the time of sampling. The permittee shall maintain a record of all monitoring events and analytical data. Reports of the analytical data for each water quality monitoring sampling event (l.h. & 2.) shall be submitted to DSWM in a timely manner. 4. The permittee shall maintain a record of the amount of solid waste received at the facility, compiled on a monthly basis. Scales shall be used to weigh the amount of waste received. On or before 01 December 93 (or an earlier date as requested by the Solid Waste Section), and each year thereafter, the permittee shall report the amount of waste received (in tons) at this facility and disposed of in the landfill to the Solid Waste Section and to all counties from which waste was accepted, on forms prescribed by the Section. This report shall include the following information: 5 a. The reporting period shall be for the previous year, beginning 01 July and ending on 3 0 June; b. The amount of waste received and landfilled in tons, compiled on a monthly basis, according to Condition 6 described above; and C. Documentation that a copy of the report has been forwarded to all counties from which waste was accepted. 6. All records shall be maintained on -site and made available to the SWS upon request. M. PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 12 JANUARY 1998 ATTACHMENT 1 List of Documents for the Approved Plan The following documents are incorporated into the approved plan for Permit No. 57-04: 1, Response to completeness review letter, submitted 1 December 1992, which include revised report and drawings. 2. Letter of approval for sedimentation and erosion control plan dated 29 July 1992. 3. Legal Description of the Facility 4, Letter dated 18 November 1997 submitted to the Section by Macon County Manager, Sam K. Greenwood, requesting that Jackson County be included in the Highlands C&D Landfill service area. 5. Letter dated 8 January 1998 submitted to the Section by McGill Associates providing the ammendment to the Mutual Solid Waste Agreement between Macon and Jackson Counties. The ammendment allows the disposal of Jackson County C&D waste at the Highlands C&D Landfill in Macon County. 7 PERMIT NO. 57-04 ISSUED 8 JUNE 1993 MODIFIED 12 JANUARY 1998 APPENDIX 1 APPROVED SERVICE AREA MACON COUNTY HIGHLAND C&D LANDFILL The following counties are included in the service area for Permit No. 57-04: MACON 2. JACKSON Macon County VV _ a qi 91-q0 COUNV4,�6 November 18, 1997 Mr. Dexter Matthews NCDENR Division of Waste Management Post Office box 29603Raleigh, North Carolina 27611-9603RE: F,!1(125 Highlands Construction &Demolition (C&D) Waste Landfill Permit Number 57-01 Dear Mr. Matthews: Jackson County will close their existing MSW landfill in Dillsboro, which currently accepts C&D waste, on December 31, 1997. On January 1, 1998, Jackson County plans to open a new C&D landfill at the closed MSW landfill in Dillsboro. As you are aware, Macon County and Jackson County have entered into a joint solid waste agreement beginning January 1, 1998. This agreement allows Jackson County to bring portions of their waste to the Macon County landfills in Franklin and Highlands and the option of Macon County to bring their C&D waste to the Jackson County C&D landfill in Dillsboro. Jackson County is already included in the expanded service area of the operations plan for the new Macon County municipal solid waste (MSW) landfill expansion. This letter serves as a formal request to amend the operations plan for the ffighland'C D landfill to, nncltide C&D waste from Jackson County beginning January, 1, 1998. The C&D waste will originate from the southern end of Jackson County around the Cashiers community. The reason for this request concerns the haul distance from the Cashiers area to the new Jackson County C&D landfill. The haul distance from Cashiers to the new C&D landfill in Dillsboro is approximately 35 nines over hilly terrain. The haul distance from Cashiers to the Highlands C&D landfill is approximately 12 miles. Macon County has already approved the acceptance of Jackson County's C&D waste, pending the State's approval. MACON COUNTY COURTHOUSE PHONE 704-624-6421 5 WEST MAIN STREET FRANKLIN, NORTH CAROLINA 28734 FAX: 704-524.9522 Thank you for your attention to this request. Please call Charles E. Button, Solid Waste Management Director, should you or any of your staff have any question s. d additional information. cc: Charles Button Dan Robinson Dave Fowler Bill Meyer Jim Coffey McGM A S S O C I A T E S January 8, 1998 Mr. Jim Coffey Division of Solid Waste Management Department of Environment, Health and Natural Resources 401 Oberlin Road Suite 150 Raleigh, North Carolina 27605 RE: Highlands Construction & Demolition (C&D) Waste Landfill Permit Number: 57-01 Dear Mr. Coffey: In November, Macon County sent a letter to Mr. Dexter Matthews requesting the operations plan, for the Highlands C & D Landfill in Macon County, be amended to include C&D waste from Jackson County. We have received verbal comments from Mr. Jim Patterson that to amend the operations plan in this manner will require a resolution by Macon County and a public meeting. Please find attached a copy of the approved "Amendment to the Solid Waste Agreement Between Macon County and Jackson County. " This Amendment specifically addresses the issue of the Highlands C&D Landfill accepting C&D waste from Jackson County. This Amendment was voted on in a Macon County Commissioner's meeting and has been signed and approved by both counties. Please include this document as an attachment to Macon County's formal request to amend the operations plan for the Highland C&D Landfill to allow disposal of C&D waste from Jackson County. E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 704-252-0575 • FAX 704-252-2518 Mr. Jim Coffey January 8, 1998 Page 2 Thank you for assistance and please call should you have any questions or need additional information. Sincerely, McGI L SSSOOCIATES, P.A. F Y R. BISHOP, 1.I.T. Enclosure s cc: Sam Greenwood Charles Button r,�<i. Dan Robinson Dave Fowler Jim Patterson 96117.01/storrow/jc08jan8.doc AMENDMENT TO MUTUAL SOLm WASTE AGREEMENT BETWEEN MACON COUNTY AND JACKSON COUNTY This Agreement, made this the fifth day of August of the Year 1997, by and between MACON COUNTY, a body politic and corporate and JACKSON COUNTY, a body politic and corporate, each being a political subdivision of the State of North Carolina; WF?EREAS, in 1995 the Counties of Jackson and Macon executed an interlocal agreement to allow use by Jackson County of the Macon County Landfill; and WRk;Kr;AN, sala agreement a.- so provtueu lur Wv(JCtat,Vu III LIP; VIgVV0Qt VC VV4&014""•I"•• and demolition waste; and YPWREAS, Jackson County presently operates a construction and demolition landfill at Dillsboro, which Jackson County expects to continue to operate for at least five (5) years; and WHEREAS, Macon County presently operates a construction and demolition landfill at Highlands, which has a remaining useful life of more than twenty (20) years; and WHEREAS, portions of each County are closer to the construction and demolition landfill located in the other County; and WHEREAS, the terms of the original agreement do not fully address the objectives and intent of the Counties regarding the disposal of construction and demolition waste; and WIEiEREAS, the Counties recognize the need, from time to time, to amend the mutual agreement to address changing circumstances and conditions related to the management of solid -waste; NOW THEREFORE, in consideration of the mutual covenants, terns, conditions and obligations herein undertaken and pursuant to statutory authority contained in N-C.G.S. 153.A-11; 153A- 14; 153A-136 and Chapter 1591, the parties hereto do hereby agree, each with the other, as follows: 1. Construction and demolition waste produced in Jackson County may be transported to the construction and demolition landfill being operated by Macon County at or near Highlands, North Carolina and Macon' County agrees to receive that waste from Jackson County, in those quantities which Jackson County deems appropriate. 2. Each, County agrees to continue to operate at construction and demolition landfill site. so as to accommodate the Creeds of each County pursuant to the original agreement and this amendment; provided however, Macon County shall not be required to construct a new construction and demolition landfill site when its present site shall have been filled to capacity- 3. Paragraph 14 on Page 6 of the original Agreement is deleted in full and shall be of no further force and effect, the same having been superseded by the provisions of this Amendment. 4. The County of Macon and the County of Jackson each agree to charge for the use of their respective construction and demolition landfills based upon a tipping fee charged to the users thereof. Each County agrees that the tipping fees assessed at their respective construction and demolition landfill sites shall be the same for depositors of waste from the usi ig County as it is. for depositors of waste from the home County. It is further agreed that the method of collection of the tipping fees shall be in the discretion of the home County, but shall be applied uniformly to the depositors of waste from each County. 5. Except as specifically or by necessary implication amended by the provisions hereof, the terns and conditions of the original agreement between the Counties dated the day of December, 1995, and particularly including the terms of Paragraph 13, shall remain in full force and effect. 6. This Agreement sball be effective upon execution by both of the respective parties. 7. This Agreement, including all those agreements iticorporated herein by reference, constitutes the entire agreement between the parties hereto, both parties acknowledging the absence of any other representations not herein contained, and shall not be modified or otherwise amended except by written agreement subsequently entered into. IN WITNESS WHEREOF, the parties hereto acting under the authority of their respective governing bodies, have caused this agreement to be duty executed in duplicate counterparts, each of which shall constitute an original, as of the day and year first above set forth. MACON COUNTY Attest; Offteio Clerk to the Board (OFFICIAL SEAL) of Commissioners JA ON CO By: Chairman, Board of ornmissioners Attest: Cl to the Board {` (OFFICIAL SEAL)