26010YWN_INSP_20221104

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-26-010
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: November 4, 2022 Date of Last Inspection: August 1, 2022

FACILITY NAME AND ADDRESS:
Claude Lee Road Yard Waste Facility 3520 Claude Lee Road, Fayetteville, NC 28306 GPS COORDINATES: Lat: 34.977348 Long: -78.895327 FACILITY CONTACT NAME AND PHONE NUMBER: Gray Kirkpatrick
336-214-4209 [e-mail]
Alvin Cagle [phone] [e-mail]
FACILITY CONTACT ADDRESS: G S Materials
PO Box 1335, Burlington, NC 27216 919-499-9322

PARTICIPANTS: David Powell, NC DEQ – Solid Waste Section STATUS OF PERMIT: Notification issued June 15, 2016; must be renewed annually by June 1st. Renewal Received for 2022
PURPOSE OF SITE VISIT: Comprehensive Inspection – Follow Up STATUS OF PAST NOTED VIOLATIONS: NA OBSERVED VIOLATIONS:
1. General Statute § 130A-309.05. Regulated wastes; certain exclusions. (c) - 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
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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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:
(1) 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. A previous inspection dated May 22, 2020, by Mr. Powell noted that concrete was being stockpiled onsite and
land clearing / yard waste was allowed to be dumped in the notification and to become overgrown and decompose without any processing. Photographs were taken of the waste in the notification and concrete stockpiles. No one was onsite representing G.S. Materials Inc. during this inspection. Inspection report
explained the G.S. 130A-309.05 rule and that the yard waste needing “grinding and processing according to the notification.” On August 1, 2022, an inspection by Mr. Powell, discovered conditions had not been altered and the notification was further overgrown, and concrete stockpile still present with no processing of any wastes onsite. Mr. Alvin Cagle was onsite representing G.S. Materials Inc. during this inspection. A time frame of 45 days from receipt of the inspection report sent date for compliance was agreed too onsite. On September 8, 2022, Mr. James Kirkpatrick called Mr. Powell and requested additional time to address the corrective actions onsite at Claude Lee Road Yard Waste Facility, which was granted. After that phone conversation, Mr. Powell followed up with an email confirming the agreements via phone by stating, “…an additional 30 days from the due date can be given, but all the corrective actions should be completed in that time frame. Due date of October 20, 2022, will be that time frame”. Upon follow up inspection on November 4, 2022, it was determined that the concrete waste was still present, not processed and the yard waste was still present, although some
processing had begun, not all was processed and utilized according to rule. Notice of Violation to follow. Some unapproved wastes are visible in YWN, tires and plastics etc., please remove to appropriate disposal site for that waste type. All yard waste should be mulched and utilized according to rule and concrete crushed into a usable product within 30 days receipt of the Notice of Violation.
YW area still overgrown partly with some waste present allowed to decompose in place.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 5
Some processing has begun at YWN. Unapproved wastes needing removal (tires, plastics etc.)
Concrete waste stockpiled and overgrown in pile. Needs crushing and utilizing or disposal at landfill for that waste
type.
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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ADDITIONAL COMMENTS
1. During 8/1/2022 inspection, Mr. Powell and Mr. Cagle discussed YWN rules and requirements, and corrective actions needed onsite within 45 days of receipt of inspection report. Mr. Powell previously communicated with Mr. Cagle and sent him copies of the newest rules for YWNs’ on 7/25/2022 via email.

2. Reminder: 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 has a locking gate at entrance, and it previously was passable around the notification. Currently the road has become overgrown and needs mowing and maintenance around entire notification to ensure that road is of all-weather construction.

4. Buffers seem to be met onsite with respect to property lines, but the notification needs Edge of Waste (EOW) markers so that the size of the notification can be measured as well as property line buffers. This can be simple PVC pipe or some marker of any kind. This should mark the are that will be used in future for
yard waste processing.

5. Unapproved wastes should be taken to proper disposal site for that waste type when processing the YW onsite. Tires and plastics were visible during inspection. Document waste disposal, such as weight tickets, for records.

Plastics and misc. wastes onsite.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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6. Corrective measures are necessary as result of this inspection. A follow up compliance inspection will be conducted by Solid Waste Section Staff within about 30 days’ receipt of the Notice of Violation sent on November 8, 2022. Failure to meet the conditions for compliance may result in further Compliance Actions. If the owner doesn’t process/remove all the current waste at this facility in a timely manner, then the site should be compliant with all of the 15A NCAC 13B .1400 rules for Small Type 1 Compost facilities (Yard Waste Notifications).
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: 8/7/2022 X Email Hand delivery US Mail Certified No. [ _]
Copies: Drew Hammonds, Eastern District Supervisor - Solid Waste Section Gray Kirkpatrick – Claude Lee YWN