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HomeMy WebLinkAbout26012YWN_INSP_20230309FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 21 UNIT TYPE: Lined MSWLF LCID X YW X Transfer Compost SLAS COUNTY: CUMBERLAND Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: YWN-26-012 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: March 9, 2023 Date of Last Inspection: August 1, 2022 FACILITY NAME AND ADDRESS: Dump and Go 4467 Doc Bennett Rd. Fayetteville, NC 28306 GPS COORDINATES: Lat: 34.970976 Long: -78.861343 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Leticia and Don Gilmore Telephone: 9109644023 / 9108332318 Email address: leticia@gilmoresfarm.com FACILITY CONTACT ADDRESS: Leticia and Don Gilmore 7016 Pope Cashwell Ct. Hope Mills, NC 28348 PARTICIPANTS: David Powell, Environmental Senior Specialist, SWS Andrew Hammonds, Eastern District Supervisor, SWS STATUS OF PERMIT: Yard Waste Notification 3/2020 – No Renewal Notified LCID – Closed PURPOSE OF SITE VISIT: Follow Up Inspection STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0201 (a) - UNRESOLVED 2. 15A NCAC 13B .0201 (b) - UNRESOLVED 3. 15A NCAC 13B .0201 (c) – UNRESOLVED 4. 15A NCAC 13B .1402 (g) (1)(A) - UNRESOLVED 5. 15A NCAC 13B .1402 (g) (1) (D) – UNRESOLVED 6. 15A NCAC 13B .1406 (7) (a) – UNRESOLVED 7. 15A NCAC 13B .1406 (8) - UNRESOLVED OBSERVED VIOLATIONS: NA FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 21 ADDITIONAL COMMENTS 1. Andrew Hammonds and David Powell conducted a follow up inspection to determine the status of required corrective actions outlined during multiple inspections, Notice of Violation letters, and a Compliance Order with an Administrative Penalty. Upon arrival, Section staff called Mr. Don Gilmore, who gave them the gate locks passcode combination for entry. Upon leaving the site, the gate was closed and locked, the same way it was found upon arrival. 2. The site still has much waste onsite, both older and previously identified waste in previous inspections and waste received since the last inspection. 3. Along road just inside gate, logs are stockpiled on one side and mulched waste on other side. 3/9/2023 - View is ~ northeast, with closed NLCID waste that has been excavated in background atop hill. 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 3 of 21 4. In the NW corner near the front of the property, this area still has vegetative wastes piled up in a larger area, between the office, I-95, and the dirt access roadway. 3/9/2023 - Vegetative wastes NW corner of property. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 21 5. Vegetative wastes, older C and D waste from closed landfill that was excavated by Mr. Gilmore, and some newer C and D waste are located on top of the closed notified land clearing and inert debris landfill (NLCID) - Eagle Refuse. New areas of drillers mud dumping locations were discovered on top as well. 3/9/2023 - Older C and D to right in photo and rear but newer waste up front. Compare to photo below from 1/13/2022 inspection taken from approximately same position with same view. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 21 1/13/2022 – C and D waste atop closed NLCID. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 21 3/9/2023 - Vegetative waste upfront and left, drillers mud dumping location on right in back view. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 21 3/9/2023 - Multiple new areas of dumping of drillers mud were discovered along south and southeast side of top of closed NLCID and allowed to run downhill. Previous area was on the northeast side of top of closed NLCID. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 8 of 21 3/9/2023 – View is ~ southwest along top of closed NLCID towards Doc Bennett Rd. Another angle of same area showing drillers mud dumping areas. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 9 of 21 6. Additional waste has been brought in and dumped in the back of property along, and at end of dirt road access as well as filling the back portions of the road, blocking its path. Waste loads consist of comingled vegetative waste, tires, metal, cloth, plastic, dimensional treated lumber, paper, and soil. Previous waste, that was confirmed asbestos and contained heavy metals, appears to have been covered due to the additional loads of waste disposed on the property. An additional area of drillers mud dumping was discovered, which allowed waste being dumped into mine and allowed to flow downhill along property line/I-95. No information or action plan was ever provided to the Section confirming removal of this or other waste from the site. 3/9/2023 - View from atop closed out NLCID. Looking ~ north, towards end of access road that runs parallel to I-95 and is blocked with comingled waste. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 10 of 21 3/9/2023 -View is ~ east, waste stockpiled along the access road to the back and block roadway around curve a short distance. Waste is stockpiled in much of logged area on left side of road between I-95 and access road, but not entire open area. I-95 is out of frame to the left as well as the mine. Closed out NLCID is too the right out of frame. Compare to 1/13/2022 photo below from close to same area with similar view. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 11 of 21 1/13/2022 – View is ~ east, along the access road to the back. I-95 is out of frame to the left as well as the mine. Closed out NLCID is too the right out of frame. Photo taken just forward of position of previous photo (3/9/2023). FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 12 of 21 3/9/2023 - Access roadway blocked. Laser range finder measurements from this location to rear of piles was approximately 250 yards. Waste is out of frame to left of view, as well as some previously identified buried in this area. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 13 of 21 3/9/2023 - Erosion from mine and drillers mud dumping into mine and allowed to run down hill along I-95/property line. This area has been excavated including into the Interstate 95 Right of Way. An unnamed tributary is downhill from this area. 3/9/2023 - Close up view of vegetative waste with treated dimensional lumber, on access road. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 14 of 21 3/9/2023 - Close up view of waste in rear of property, on access road. Metal barrel comingled with vegetative wastes. 3/9/2023 - Close up view of waste in rear of property, on access road. Plastic comingled with vegetative wastes. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 15 of 21 3/9/2023 - Close up view of waste in rear of property, on access road. Plastic and tire comingled with vegetative wastes. 3/9/2023 - Close up view of waste in rear of property, on access road. Plastic and paper comingled with vegetative wastes. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 16 of 21 3/9/2023 - View from stockpiles blocking of access roadway looking back ~ west towards mine. Closed NLCID out of frame to left and I-95 beyond tree to right. Compare to photo below from approximate same location with similar view to show ne waste acceptance since that visit. Excavator in view is in approximately same location as in photo below for reference. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 17 of 21 1/13/2022 - View from stockpiles blocking of access roadway looking back ~ west towards mine. Mine is located where two excavators are sitting. Note left excavator that was in 3/9/2023 photo for reference. Closed NLCID out of frame to left and I-95 beyond trees to right. This view is slightly closer than 3/9/2023 photo. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 18 of 21 3/9/2023 - View from end of stockpiles blocking of access roadway looking back ~ west towards mine. Closed NLCID out of frame to left and I-95 beyond tree to right. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 19 of 21 7. Once beyond the blocked road access, a walking path is still present, beyond unnamed tributary, that leads to another cleared area in which waste was previously dumped. Those waste stockpiles remain next to the tributary. 3/9/2023 - View is ~ northeast, with the unnamed tributary running from toward I-95 on left and crosses path in photo through concrete pipe. Crossing is under road but hallway down path shown above and along trees on right in image. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 20 of 21 3/9/2023 - Closeup of unnamed tributary crossing in previous photo. 3/9/2023 - View is ~ northwest, with I-95 beyond trees in background. Vegetative wastes stockpiled very close to unnamed tributary. Tributary is just out of view near trees. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 21 of 21 8. Site has continued to operate by accepting waste. 9. At time of this inspection no documentation has been provided for removal of hazardous wastes or any other wastes. 10. Dump and Go facility should cease accepting any waste and should not burn any more waste. Owners have been instructed numerous times to cease accepting waste until all violations are resolved. This also means cease covering and burying with soil. 11. Remove all waste from the top of the closed NLCIDLF. Unacceptable waste removed from the closed NLCIDLF must be removed and taken to properly permitted landfill for that waste type. Send all documentation on where loads of waste have come from and gone too, to date. Maintain and provide documentation of all waste loads leaving in regard to cleanup activities. 12. Mr. and Mrs. Gilmore can contact myself, David Powell, at 910-433-3350 or david.powell@ncdenr.gov to discuss corrective actions or to provide documentation of cleanup. They may also reach Andrew Hammonds at 910-433-3349 or andrew.hammonds@ncdenr.gov. 13. Corrective measures are necessary as result of this inspection. 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. 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: 3/13/2023 X Email Hand delivery US Mail Certified No. Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Drew Hammonds, Eastern District Supervisor - Solid Waste Section Victor Unnone III, Assistant Attorney General – NCDOJ Carolyn McLain, Assistant Attorney General - NCDOJ Jessica Montie, Environmental Program Consultant – Solid Waste Section Chris Hollinger, Compliance Officer – Solid Waste Section Melissa Joyner, Environmental Specialist – Division of Energy, Mine and Land Resources Heather Carter, Regional Supervisor – Division of Air Quality Amanda Bader, Cumberland County Solid Waste Director