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Home My WebLink About26007YWN_INSP_20220503FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 9 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: May 3, 2022 Date of Last Inspection: October 7, 2021 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: 910-433-1667 Email address: cpettiford@ci.fay.nc.us Name: Michael Gibson, Director of Fayetteville-Cumberland Parks and Recreation Telephone: 910-433-1557 Email address: MichaelGibson@FayettevilleNC.gov FACILITY CONTACT ADDRESS: Cal Pettiford, Street Maintenance Superintendent Public Services Department 335 Alexander St| Fayetteville, NC 28301 PARTICIPANTS: David Powell, SWS STATUS OF PERMIT: YWN – originally notified 2012 Pre Reg. LF - NCD980503031 PURPOSE OF SITE VISIT: Comprehensive Inspection – Follow up STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0105 (a) – UNRESOLVED 2. 15A NCAC 13B .0201 (a) – UNRESOLVED 3. 15A NCAC 13B .0201 (b) – UNRESOLVED 4. 15A NCAC 13B .0201 (c) – UNRESOLVED FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 9 OBSERVED VIOLATIONS: 1. 15A NCAC 13B .1402 (g)(1)(D) - The following operations shall be exempt from the permitting requirements in Rule .1401 of this Section: Small Type 1 Facilities meeting the following conditions: the facility shall not be located over a closed-out disposal site. It is still unclear what area was being used as the 2-acre notification on this property. This site has a PRLF under a large section of what’s being used. A YWN cannot be located over a closed of disposal site, 15A NCAC 13B .1402. Therefore, this YWN must be closed, unless data/documentation can be provided showing that the notification is not above the Pre-Regulatory Landfill (PRLF) and the site meets rule requirements. Facility cannot give yard trash/waste out to public without meeting requirements of 15A NCAC 13B .1406 rules. Previous yard waste that was comingled and spread out over this site has mostly been removed. Weight tickets were provided by Cal Pettiford on 3/24/2022. There is still much comingling of several waste types across the site. New mulch has been brought into this area. No more material should be brought into the site until all corrective actions have been satisfied. This was discussed previously with the understanding that some material had already been ordered and the area upfront near entrance was to be used temporarily for staging, storing and stockpiling these materials for future use. New mulch brought into Milan yard. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 9 2. General Statute § 130A-309.05. Regulated wastes; certain exclusions. (c)(1) - Recovered material is not subject to regulation as solid waste under this Article. In order for a material that would otherwise be regulated as solid waste to qualify as a recovered material, the Department may require any person who owns or has control over the material to demonstrate that the material meets the requirements of this subsection. In order to protect public health and the environment, the Commission may adopt rules to implement this subsection. Materials that are accumulated speculatively, as that term is defined under 40 Code of Federal Regulations § 261 (July 1, 2014 Edition), shall not qualify as a recovered material, and shall be subject to regulation as solid waste. In order to qualify as a recovered material, the material shall be managed as a valuable commodity in a manner consistent with the desired use or end use, and all of the following conditions shall be met: Seventy-five percent (75%), by weight or volume, of the recovered material stored at a facility at the beginning of a calendar year commencing January 1, shall be removed from the facility through sale, use, or reuse by December 31 of the same year. C and D wastes still present all over the Milan yard site. Some waste has been removed and some sorted. In addition, there are large piles of block with asbestos containing tiles in rear that has not had any waste removed. Last inspection stated in part, “This should be recycled, or disposed of at the appropriate disposal site. Section staff explained 75% rule (§ 130A-309.05. Regulated wastes; certain exclusions) and the need for material to be removed otherwise it becomes disposal.” Comingled vegetative wastes, with soil, barrels, plastic, concrete and other misc. C and D. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 9 Comingled vegetative wastes, lumber, soil, plastic, block, concrete and other misc. C and D. Comingled metal, barrels, soil, concrete and other misc. C and D. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 9 ADDITIONAL COMMENTS 1. Staff, with the Section, visiting Yard Waste Notification (YWN) for a follow up inspection and to verify if corrective actions have been completed for the site. A timeframe of 30 days from the sent date of 10/25/2021 was originally given for compliance. Further phone conversations between Mr. James Powell and David Powell, later, resulted in additional time given for compliance. 2. Section staff road the property and walked some along some of the waste piles from back to front. Many corrective actions left to address. No street sweepings were discovered. Comingled C and D wastes with soil, plastics, metals, barrels, etc. were discovered in many areas across the Milan Yard. No activity working on removal occurring during this visit. Some removal and sorting have been accomplished but much remains. Not much progress has been made at this site since last inspection on October 7, 2021. Additional comingled vegetative wastes, with soil, plastic concrete and other misc. C and D. 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 6 of 9 Comingled vegetative wastes, with soil, tires, plastic concrete and other misc. C and D. Area on left has had other stored items removed. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 9 Closeup view of previous photo, asphalt, soil 3. Along entrance road, on front part north side once reaching larger open area of Milan Yard, there was a large amount of scrap metal, playground equipment etc. Most of the entrance playground waste has been removed but much waste remains. Tires, playground fixtures, plastic pieces and misc. wastes are still in this same area and along edge of woods line. This should be removed immediately and what will be kept, should be organized and stored not in a scattered waste pile in edge of wood line. Plastic, tires, and piping. Fiberglass animals from playground out of frame to left. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 8 of 9 4. Demolition waste piles in the rear of the site, east end, has metal, mastic with tile and confirmed asbestos still onsite. This waste is in same condition as when it was discovered, and no sorting or removal is apparent. Site is not approved for this waste type. Measures to remove this waste need to be taken. C and D block waste with asbestos tile in rear of facility. Additional C and D block waste with asbestos tile in rear of facility. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 9 of 9 5. This site has a PRLF under a large section of what’s being used. No digging into covered cap or disturbing the PRLF with waste removal activities. Site should have waste removed without disturbing PRLF waste/cover. It may be reviewed by the PRLF group in the future. A copy of this inspection will be forwarded to the PRLF Supervisor Ryan Channel. 6. Cease accepting waste at this site until all issues have been addressed. Keep documentation of waste removed and disposed of at other appropriate disposal sites. A follow up compliance inspection will be conducted by Solid Waste Section Staff. Failure to meet the conditions for compliance may result in further Compliance Actions. 7. It may be necessary for the City and/or County to conduct an assessment of this property to determine the limits of the PRLF should either desire to continue to use this site for storage or other waste management activities. Recommend you contact PRLF staff for guidance. 8. Corrective measures are necessary as result of this inspection and should be completed within 30 days’ receipt of this inspection unless specified in a comment above. Failure to resolve these matters may result in further enforcement action. Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: 910-433-3350 _ David Powell Environmental Senior Specialist Regional Representative Sent on: 5/19/2022 X Email Hand delivery US Mail Certified No. [ _] Copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section Andrew Hammonds, Eastern District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer –Solid Waste Section Ryan Channel, Unit Supervisor - Pre-Regulatory Landfill Program