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HomeMy WebLinkAboutN1060_INSP_20230420FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Craven Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: LCIDN-N1060- CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Inspection: 20 April 2023 Date of Last Inspection: 16 March 2022 FACILITY NAME AND ADDRESS: Garner LCID Site Lake Road Havelock, NC 28557 GPS COORDINATES: N: 34.86227 E: -076.94477 FACILITY CONTACT NAME AND PHONE NUMBER: Rick Williford 252.393.2504 FACILITY CONTACT ADDRESS: Sunland Development & Construction Company 4846A Highway 24 Newport, NC 28570 Email: willifordrick@yahoo.com PARTICIPANTS: Operator on-site; Sunland Construction Company Ray Williams; NCDEQ-Solid Waste STATUS OF PERMIT: Notified LCID PURPOSE OF SITE VISIT: Comprehensive Facility Compliance Inspection STATUS OF PAST NOTED VIOLATIONS: 1) 15A NCAC 13B .0564 (9)(b) states “The facility shall meet the following minimum buffer requirements: 100 feet from the disposal area to property lines…” Resolved 2) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the facility.” Unresolved 3) 15A NCAC 13B .0566 (3) states “Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.” Resolved 4) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.” Unresolved 5) 15A NCAC 13B .0566 (5) states “120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.” Unresolved 6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion.” Unresolved FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 2 of 9 7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development.” Unresolved 8) 15A NCAC 13B .0566 (16) states “A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency and the permit number. The permit number requirement is not applicable for facilities not requiring an individual permit.” Unresolved OBSERVED VIOLATIONS: 1) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the facility.” 2) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.” 3) 15A NCAC 13B .0566 (5) states “120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.” 4) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion.” 5) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development.” 6) 15A NCAC 13B .0566 (16) states “A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency and the permit number. The permit number requirement is not applicable for facilities not requiring an individual permit.” Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above. ADDITIONAL COMMENTS: 1) This Facility is a Land-Clearing and Inert Debris Landfill Notification. 2) This Facility is recorded with the Craven County Register of Deeds at: Book 2999; Pages 858-860. 3) This Facility is permitted to receive for disposal: a. Land Clearing Waste: stumps, trees, limbs, brush, grass, and other naturally occurring vegetative materials generated solely from land clearing activities. b. Yard Trash: brush, grass, tree limbs, and similar vegetative materials resulting from landscaping and yard maintenance. c. Inert Debris and Untreated Wood: concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood; and d. Used Asphalt: used asphalt or asphalt mixed with dirt, sand, gravel, rock, and concrete. 4) The disposal area for this Facility may not exceed 2 acres in total size. 5) This Facility is secured by an earthen berm, a wooden fence, and a farm-type gate at the Facility entrance and has controlled access for safety. The gate was unlocked and open upon my arrival and an attendant was on- site during this Facility Compliance Inspection. 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 N1060_INSP_20230420 Page 3 of 9 6) The Facility access road is of all-weather construction and is being properly managed at this time. 7) No signage is posted at the Facility entrance. *Within thirty days of receipt of this Facility Compliance Inspection Report, please post signage at the Facility entrance stating the Facility name, notification number and emergency contact number. 8) Soil has been stockpiled in an area adjacent to the landfill for use in cover and site maintenance operations. 9) Inert debris including concrete, brick, and asphalt is being stockpiled for reuse in an area adjacent to the landfill. Recycling operations were underway during this Facility Compliance Inspection. *Please note that the State rules regarding recovered materials state that for a material to qualify as a recovered material, the majority of the material (75% or more) must be sold, used, or re-used within the calendar year of placement on site. All inert debris that cannot meet this requirement needs to be placed in the landfill for proper disposal. 10) This Facility maintains an Extec S5 Mobile Aggregate Screen Plant, a Caterpillar 924 Wheel Loader, a Hyundai HX0142 Crawler Excavator, and a Caterpillar 312C Series Tracked Excavator for use in Facility operations and maintenance. 11) No off-site erosion was noted during this Facility Compliance Inspection. 12) The active working face is being maintained in a manageable size. *Please continue to ensure that all waste is compacted, covered and graded monthly or when the active working area reaches one acre in size, whichever occurs first. 13) The waste type was reviewed during this Facility Compliance Inspection. The waste type being disposed is LCID waste only. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 4 of 9 14) The outside slopes of the landfill have not been covered as required. *Within thirty days of receipt of this Facility Compliance Inspection Report, please compact, cover, and grade all outside slopes at a slope not greater than 3:1 with a groundcover established which is suitable to prevent erosion of your landfill cap system. Moving forward, please ensure that all Facility sideslopes are maintained at a slope not greater than 3:1 and the area around the toe of the landfill is properly sloped to effectively convey all surface waters away from the waste disposal area. 15) The area around the eastern, northern, and western outside slopes has been cleared for access around the toe of the landfill. *Within thirty days of receipt of this Facility Compliance Inspection Report, please ensure the entire area around the toe of the landfill is cleared to provide access for facility inspection and maintenance. 16) *Please note that, as of 1 January 2021, all LCID Landfills must come into compliance with 15A NCAC 13B .0563 (6) in that “Within five years of the readopted effective date of this Rule, the owner or operator of a notified LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b) of this Section, except that the required notification of closure is not required to be certified. For the purpose of this Rule, "notified LCIDLF" means a site that was not required to obtain a permit from the Division prior to the readopted effective date of this Rule because the site was designed and constructed to be two acres or less in size, and was required to record a notification for the site with the Register of Deeds' office and submit the notification to the Division.” A copy of these rules is attached at the end of this Facility Compliance Inspection Report. 17) *Corrective actions are needed as a result of this Facility Compliance Inspection. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 5 of 9 Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report. Ray Williams; Environmental Senior Specialist Phone: 252.948.3955 E-mail: ray.williams@ncdenr.gov Regional Representative Delivered on: 28 April 2023 by Electronic delivery US Mail X Certified No. [] cc: Andrew Hammonds; Eastern District Supervisor/SWS: andrew.hammonds@ncdenr.gov C: \2023\Craven\Notifications\N1060\Inspections\N1060_INSP_20230420 NCDEQ DWM Laserfiche Online Document Management System: https://edocs.deq.nc.gov/WasteManagement/Browse.aspx?id=1065&dbid=0&repo=WasteManagement   Go Green! Thank you for helping NCDEQ be environmentally responsible.    15A NCAC 13B .0563 GENERAL REQUIREMENTS FOR LCIDLFS The owner or operator of a land clearing and inert debris landfill (site) shall obtain a permit from the Division, unless exempted from permitting pursuant to G.S. 130A-294(a)(4)a. A site shall comply with Rules .0564 through .0567 of this Section, and the following requirements: (1) The site shall accept only yard waste and inert debris waste for disposal. (2) The site shall comply with all other federal, State, and local laws, ordinances, rules, regulations, and orders, including zoning regulations, flood plain regulations, wetland regulations, sedimentation and erosion control regulations, and mining regulations. (3) Permits issued by the Division for land clearing and inert debris landfills shall be valid for five years, and shall be subject to the permit fees set forth in G.S. 130A-295.8. (4) A permit shall not be required for a site that meets the following conditions: (a) the site is within the right-of-way of a N.C. Department of Transportation project; (b) the site accepts only yard waste and inert debris waste that was generated from within the same N.C. Department of Transportation project right-of-way that the site is located in; (c) the site disposal area does not exceed two contiguous acres in size; and (d) the site complies with Rule .0564 of this Section. (5) Owners or operators shall not construct or operate more than one site that is exempted from permitting in accordance with G.S. 130A-294(a)(4)a. on any single parcel of land. (6) Within five years of the readopted effective date of this Rule, the owner or operator of a notified LCIDLF that was not closed prior to the readopted effective date of this Rule shall comply with the requirements of this Rule, or shall close the notified LCIDLF in accordance with Rule .0567(b) of this Section, except that the required notification of closure is not required to be certified. For the purpose of this Rule, "notified LCIDLF" means a site that was not required to obtain a permit from the Division prior to the readopted effective date of this Rule because the site was designed and constructed to be two acres or less in size, and was required to record a notification for the site with the Register of Deeds' office and submit the notification to the Division.     15A NCAC 13B .0564 SITING CRITERIA FOR LCIDLFS A land clearing and inert debris landfill (site) shall meet the following siting criteria: (1) Floodplain Restrictions: A site shall not be located in the 100-year floodplain. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 6 of 9 (2) Cultural Resources Restrictions: A site and site operations shall not damage or destroy a property of archaeological or historical significance that has been listed on the National Register of Historic Places or included on the Study List for the Register pursuant to 07 NCAC 04R .0206 and .0300. (3) State Nature and Historic Preserve Restrictions: A site and site operations shall not have an adverse impact on any component included in the State Nature and Historic Preserve pursuant to G.S. 143- 260.10. (4) Endangered and Threatened Species Restrictions: A site and site operations shall not jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973, Public Law 93-205, as amended. (5) Clean Water Act Requirements: A site and site operations shall: (a) not cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including the National Pollutant Discharge Elimination System (NPDES) requirements pursuant to Section 402 of the Clean Water Act; (b) comply with Section 404 of the Clean Water Act; and (c) not cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or Statewide water quality management plan that has been approved under Section 208 or 319 of the Clean Water Act. (6) Buffer Requirements: A site shall maintain the following buffer requirements: (a) 50 feet from the waste boundary to waters of the State as defined in G.S. 143-212. (b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells. The Division may establish alternative site-specific buffers in the permit conditions if it is necessary for the preservation of public health and the environment. (7) The site shall establish and maintain an access road around the waste boundary for access by emergency or fire-fighting vehicles and equipment. (8) The site shall have soil available for cover either on site or from on or off site. (9) The site and site operations shall comply with 15A NCAC 02L for protection of groundwater quality. The bottom elevation of the waste shall be no less than four feet above the seasonal high groundwater table as defined in Rule .0532 of this Section. 15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LCIDLFS (a) A permit applicant for a proposed land clearing and inert debris landfill (site) permit shall submit to the Division one electronic copy of a permit application, which shall contain the following information: (1) a copy of the deed for the site property, including the property owner's name, the parcel identification number, and a legal description of the property; (2) an approval letter from the unit of local government having zoning authority over the area where the site is to be located stating that the site meets the requirements of the local zoning ordinance, or that the site is not zoned; (3) a county road map showing the location of the site; (4) letters from both the State Historic Preservation Office and the Natural Heritage Program within the Department of Natural and Cultural Resources stating whether the proposed use of the property will impact the historic sites described in Rule .0564(a)(2) of this Section; State nature and historic preserves described in Rule .0564(a)(3) of this Section; or the endangered or threatened species described in Rule .0564(a)(4) of this Section located at the site; (5) a description of how the site will comply with Rule .0564 of this Section; (6) a map or aerial photograph, representative of existing conditions, with a scale of at least one inch equals 400 feet showing the following in an area within one-fourth mile of the site: (A) the entire property or portion thereof where the site is proposed to be located; (B) the location of all homes, buildings, public or private utilities, roads, wells, watercourses, water or other impoundments, and any other features that the Division may request in writing if it is necessary to determine compliance with this Subchapter; (C) the 100-year floodplain boundaries, if any; FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 7 of 9 (D) boundaries of wetlands as defined in Section 404(b) of the Clean Water Act, if any; (E) the boundaries of sites described in Rule .0564(2) and (3) of this Section, if any; (7) development and design plans and drawings for the site, at a scale of at least one inch equals 100 feet, with specifications containing the following information: (A) property boundaries, dimensioned with bearings and distances, tied to North Carolina grid coordinates where available; (B) easements and rights-of-way; (C) existing on-site and adjacent structures such as houses, buildings, wells, roads and bridges, water and sewer utilities, septic fields, and storm drainage features; (D) proposed and existing roads, points of ingress and egress, and access controls such as gates, fences, or berms; (E) buffer and set back lines and buffered boundaries or features; (F) springs, streams, creeks, rivers, ponds, and other surface waters and impoundments; (G) wetlands, if any; (H) boundary of the proposed waste area; (I) the proposed bottom elevation of the waste in relation to the seasonal high groundwater table as defined in Rule .0532 of this Section; (J) existing topography with contours of five-foot intervals. A smaller interval shall be utilized if it is necessary to clarify existing topographic conditions; (K) proposed excavation, grading, and final contours at five-foot intervals. A smaller interval shall be utilized if it is necessary to clarify proposed grading. Excavation, grading, and fill material side slopes shall not exceed a ratio of three horizontal to one vertical; (L) where an on-site borrow pit for operational and final cover is proposed, indicate the borrow pit excavation and grading plan with contours of five-foot intervals. A smaller interval shall be utilized if it is necessary to clarify proposed grading; (M) proposed surface water control features and devices such as slope drains, storm water pipes, inlets, culverts, and channels; (N) information showing that the project meets the requirements of 15A NCAC 04 for sedimentation and erosion control; (O) location of test borings or test pits, if used to determine the seasonal high groundwater table elevation; and (P) no less than two cross-sections, one each along each major axis, per operational area showing original elevations, proposed excavation, and proposed final elevations; (8) an operations plan addressing the requirements in Rule .0566 of this Section that shall contain the following information: (A) the name, address, phone number, and e-mail address of the site owner and operator; (B) a description of systematic usage of disposal area, operation, and development of the site; (C) the type, source, and quantity of waste to be accepted; and (D) an emergency contingency plan, including fire-fighting procedures; (9) a closure and post-closure plan addressing the requirements in Rule .0567 of this Section that shall contain the following information: (A) the procedures and schedule for closure of the site; (B) the projected use of the property after closure of the site; and (C) the procedures and schedule for post-closure care maintenance, and for post-closure groundwater, surface water, or explosive gas monitoring if it is required by the Division to determine compliance with Rule .0566(11) or (13) of this Section; and (10) other information that the Division may request in writing if it is necessary to determine compliance with the rules of this Subchapter. (b) If required by G.S. 89C or 89E and not under the purview of another licensed profession, a licensed professional engineer or licensed geologist shall certify the information submitted in accordance with Subparagraphs (a)(6) through (a)(10) of this Rule. (c) The Division shall review all permit applications in accordance with Rule .0203 of this Subchapter. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 8 of 9 (d) Plans and documents submitted in the permit application in accordance with this Rule shall be incorporated into the permit and the site shall comply with the permit in accordance with Rule .0203(d) of this Subchapter. (e) Modifications to the plans. The owner or operator may request to modify plans that were incorporated into the permit by submitting a written request to the Division that includes the modified plan and a demonstration showing how the proposed modifications comply with the rules of this Section. The Division shall respond to the request in writing within the timeline provided in G.S. 130A-295.8(e); and the response shall either approve or deny the request as submitted or request that additional information be submitted for the Division to consider the request. The Division's approval shall be based on whether the modification complies with the rules of this Subchapter. If the Division approves the request as submitted or upon receiving the additional information requested, the Division's written approval and the revised pages of the plan shall be added to the site's operating record. The owner or operator shall not implement the modification until the Division has issued an approval. (f) The permit issued by the Division shall be recorded with the Register of Deeds in the same manner as sanitary landfills in accordance with G.S. 130A-301. 15A NCAC 13B .0566 OPERATIONAL REQUIREMENTS FOR LCIDLFS The owner or operator of a land clearing and inert debris landfill (site) shall comply with the permit conditions, the plans incorporated into the permit in accordance with Rule .0565(d) of this Section, and the following operational requirements: (1) The site shall only accept those solid wastes that it is permitted to receive. (2) Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of three horizontal to one vertical at any time. (3) All waste shall be covered with no less than six inches of soil monthly, or when the working face reaches one acre in size, whichever occurs first. Any soils used for cover at the site shall meet unrestricted use standards for soils as defined in G.S. 130A-310.65. (4) Areas that will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, shall be covered with no less than one foot of soil cover sloped to direct the flow of surface water from the landfill, and stabilized with vegetative ground cover or other stabilizing material. The Division may require further action to correct any condition that the Division determines may be injurious to the public health, or a nuisance to the community. (5) erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent on-site erosion, and shall comply with 15A NCAC 04. (6) The site shall be secured by barriers such as gates, chains, berms, and fences to prevent unauthorized access. An operator shall be on duty at all times while the site is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes. (7) Access roads shall be of all-weather construction and shall be maintained to allow access by vehicles transporting waste, Department staff, and fire-fighting vehicles. (8) Surface water shall be diverted from the working face and shall not be impounded over waste. (9) Solid waste shall not be disposed of in water. (10) Fire Protection and Control. (a) Open burning of solid waste is prohibited, unless approval has been obtained from the Division, the local government, and the Division of Air Quality in accordance with 15A NCAC 02D .1900 prior to any burning activity. (b) Hot ashes, cinders, and waste that is smoldering, smoking, or burning shall not be disposed of in the landfill. The waste screening procedures described in the operations plan in accordance with this Rule shall address identification and rejection of this waste. (c) The owner or operator shall provide equipment on-site to control fires and make arrangements with a local fire protection agency to provide fire-fighting services. (d) The owner or operator shall provide verbal notification to the Division of fires that occur at the site within 24 hours of the fire and shall submit written notification to the Division within 15 days of the fire. The notification shall include the site name and permit number; the date and time of the fire; actions taken by the owner or operator in response to the fire; the cause of the fire; the location and size of the fire; the type and amount of waste that caught fire; a FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section N1060_INSP_20230420 Page 9 of 9 plan of action to prevent fires in the future; the name and title of the person submitting this information; and the date the information is submitted. (11) The concentration of explosive gases generated by the site shall not exceed: (a) twenty-five percent of the lower explosive limit for the gases in site structures; or (b) the lower explosive limit for the gases at the property boundary. The Division may require quarterly monitoring of explosive gases if it is necessary to determine compliance with this Item. If the Division requires monitoring, the Division shall provide written notice of the requirement to the owner or operator. (12) Leachate shall be contained and managed on-site. (13) The site shall comply with 15A NCAC 02L for the protection of groundwater quality, and the surface water quality standards established in 15A NCAC 02B. (14) A sign shall be posted at the site entrance showing the site contact's name and phone number, the permit number, emergency contact information, and the waste types accepted for disposal at the site. (15) Inert debris waste accepted at the site shall be placed within the permitted landfill footprint unless it is being processed for recycling or reuse. Inert debris waste shall not be placed as beneficial fill as defined in Rule .0562 within the site buffer areas or elsewhere on the property unless stated in the site permit. (16) The owner or operator shall submit to the Division upon written request any information or records required to be kept under the conditions of the permit or the rules of this Section. History Note: Authority G.S. 130A-294; Eff. January 4, 1993; Readopted Eff. January 1, 2021.