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HomeMy WebLinkAbout9237T_NOV_20230210 February 10, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 0150 0000 3068 5470 Mr. Josh Daher Meridian Waste North Carolina, LLC PO BOX 37010 Raleigh, NC 27622 RE: Notice of Violation Capitol Waste Transfer Station Permit #9237T-TRANSFER-2020 424 Warehouse Drive Raleigh, NC 27610 Dear Mr. Daher, On January 26, 2023, Mr. Tim Davis, along with Mr. Drew Hammonds, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with North Carolina Solid Waste Statutes and Rules. The following violations were noted: A. 15A NCAC 13B .0203 (d), “By receiving solid waste at a permitted facility, the permittee shall be considered by the Department to have accepted the conditions of the permit and shall comply with the conditions of the permit.” Permit to Operate, Attachment 3, Part VI (7) (b) states: “Waste must only be deposited on a ‘tipping floor’ or directly into a transfer trailer. Waste must not be stored on the ‘tipping floor’ after hours.” Meridian Waste North Carolina, LLC and Capitol Waste Transfer, LLC are in violation of 15A NCAC 13B .0203 (d) and Permit Approval to Operate, Attachment 3, Part VI #9 for failure to deposit and contain waste on the tipping floor. C&D waste was observed piled not on the concrete pad of the tipping floor, but on a damaged area of the tipping floor that contained only gravel and soil. C&D waste had spilled over the northern and eastern edges of the tipping floor Meridian Waste, LLC Notice of Violation Page 2 of 4 February 10, 2023 area onto the adjacent dirt access road and waste was visible within multiple areas of standing water. B. Permit to Operate, Attachment 3, Part VI (4) states: “The following, at a minimum, must not be accepted for transfer at the facility: hazardous waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged…” Meridian Waste North Carolina, LLC and Capitol Waste Transfer, LLC remain in violation of 15A NCAC 13B .0203 (d) and Permit Approval to Operate, Attachment 3, Part VI (4) in that bagged and loose leaves and yard trash were again observed within a large pile of land clearing debris located southwest of the C&D tipping floor. C. Permit to Operate, Attachment 3, Part VI (9), “All water that comes into contact with solid waste, including vehicle wash-down water is leachate and must be captured and properly treated before release to the environment. (a) The leachate control system, such as floor drains, leachate collection devices, sanitary sewer connections, and leachate storage tanks, must be operational during facility operations. (b) The tipping floor must drain away from the building entrance and into the leachate collection system.” Meridian Waste North Carolina, LLC and Capitol Waste Transfer, LLC are in violation of 15A NCAC 13B .0203 (d) and Permit Approval to Operate, Attachment 3, Part VI (9) in that leachate was identified collecting adjacent to and within the heavily rutted dirt access road, then draining across the road to the low-lying northeastern corner of the property, and potentially flowing onto the adjacent property. Waste was observed within water behind the containers as well. Based upon the foregoing, upon receipt of this Notice of Violation, Meridian Waste, LLC and Capitol Waste Transfer, LLC shall come into compliance with all applicable requirements of regulations in 15A NCAC 13B .0203 (d), the Permit Approval to Operate, Attachment 3, Part VI (7), Permit to Operate, Attachment 3, Part VI (4), and Permit to Operate, Attachment 3, Part VI (9) by completing the following: 1. Immediately cease to deposit waste onto the damaged area of the tipping floor and implement measures to ensure waste and leachate do not directly contact ground or surface waters. Repairs should be made to the pad to continue using it to collect waste. 2. Remove all yard waste and yard trash to a facility permitted to receive such waste within 10 calendar days of receipt of this Notice. Ensure subsequent loads of yard trash are rerouted to a facility permitted to receive such waste. 3. In response to the leachate release, the subsurface soils must be evaluated beneath Meridian Waste, LLC Notice of Violation Page 3 of 4 February 10, 2023 the damaged pad, areas where leachate was observed draining across the road, and along the fence line beneath and behind the stored containers. Please contact Perry Sugg, Environmental Compliance Branch Head at perry.sugg@ncdenr.gov, 919-707- 8258, for the necessary requirements and guidance. Aside from the violations noted above, there are other items of concern outlined in the additional comments portion of the inspection report that need to be addressed as to not rise to the level of a violation during future inspections. All corrective measures must be completed within 30 days’ receipt of this notice of violation. A follow up site inspection will be conducted after 30 days have passed to ensure that the corrective measures have been completed to bring this facility into compliance. The violation listed above was observed by Section staff and requires 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 such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions regarding this matter, please feel free to contact me at (919)707-8290 or e-mail timothy.davis@ncdenr.gov. Sincerely, Tim Davis Environmental Senior Specialist Division of Waste Management - Solid Waste Section 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 Perry Sugg, Environmental Compliance Branch Head – Solid Waste Section Meridian Waste, LLC Notice of Violation Page 4 of 4 February 10, 2023 Sherri Stanley, Permitting Branch Head – Solid Waste Section Wally Hall, CEO – Meridian Waste, LLC Matthew Lavender, Operations Manager – Meridian Waste, LLC