4118_NOV_20230418

May 8, 2023

CERTIFIED MAIL 7018 2290 0001 8316 4417
RETURN RECEIPT REQUESTED
James Reyburn, District Manager, Republic Bishop Road Transfer Station
Republic Services of NC, LLC
2136 Bishop Road Greensboro, NC 27409

CERTIFIED MAIL 7018 2290 0001 8316 4424
RETURN RECEIPT REQUESTED
CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC
160 Mine Lake Court, Suite 200
Raleigh, NC 27615-6417
SUBJECT: Notice of Violation
Compliance Inspection Report - Bishop Road Transfer Station
Permit No. 41-18T
Guilford County
Dear Mr. Reyburn and Registered Agent:

On April 18, 2023, Chuck Kirchner and Deb Aja, 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. James Reyburn was present and represented Republic Services of NC, LLC during this inspection. The following violations were noted:

A. 15A NCAC 13B .0203(d) states: By receiving solid waste at a permitted facility, the permittee shall be
considered to have accepted the conditions of the permit and shall comply with the conditions of the
permit.”
1. Permit to Operate No. 41-18T ATTACHMENT I, PART I, General Facility Permit Condition # 6 states:
“Operation of this solid waste management facility shall be in accordance with the North Carolina
Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the Chapter 130A of the North
Carolina General Statutes (NCGS 130A-290, et seq.); the conditions contained in this permit; and
the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management
Rules shall take precedence unless specifically addressed by permit condition. Failure to comply
may result in compliance action or permit revocation.”

a. Permit to Operate No. 41-18T approved Operation Plan, Section 3.1 states in part:
“Throughout the day and at the end of each day, facility personnel will police the building
and surrounding areas for any windblown litter.”, and “Any windblown litter discovered at
Republic Services of NC, LLC
Notice of Violation
Page 2 of 5
May 8, 2023

the end of an operating day will be collected and stored in a transfer trailer vehicle, or an
on-site trash bin for proper disposal.”

b. Permit to Operate No. 41-18T approved Operation Plan, Section 3.3 states in part: “Additionally, the facility shall randomly select two vehicles per week for random waste
screening. The material from this load shall be spread, and a list of items in that load
should be listed. This form shall be retained by the facility.”
2. Permit to Operate No. 41-18T, ATTACHMENT 3, PART VI, Transfer Station/Treatment and
Processing Unit Condition #9 states, “The permittee must develop, and use, a training and screening program at the facility for detecting and preventing unauthorized wastes from being
accepted at the facility. At a minimum, the program must include:
a. Random inspections of incoming loads or other comparable procedures. b. Records of all inspections.
c. Training of personnel to recognize hazardous, liquid and other excluded waste types.
d. Development of a contingency plan to properly manage any identified hazardous, liquid, or
other excluded or unauthorized wastes. The plan must address identification, removal, storage
and final disposition of these wastes.”
3. Permit to Operate No. 41-18T, ATTACHMENT 3, PART VI, Transfer Station/Treatment and Processing
Unit Condition #10(a) states: “The tipping floor and transfer trailer loading area must be maintained
in a clean, sanitary condition at all times and must be cleaned at least daily in accordance with the approved Operational Plan.”

4. Permit to Operate No. 41-18T, ATTACHMENT 3, PART VI, Transfer Station/Treatment and Processing Unit Condition #10(e)(ii) states, “Windblown materials must be collected by the end of the day and
no windblown material may be allowed to leave the facility boundary.”

5. Permit to Operate No. 41-18T, ATTACHMENT 3, PART VI, Transfer Station/Treatment and Processing
Unit Condition #11 states in part, “All water that comes in contact with solid waste, including vehicle
wash-down water, is leachate and must be captured and properly treated before release to the environment.”

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0203(d) in that:
• During the inspection the last recorded inspection of incoming loads was on October 8, 2021.
Facility staff confirmed that random inspections of incoming loads were not being done at this
transfer station.
• During the inspection an accumulation of waste was observed along the tipping floor walls
and in the transfer station loading bay area, indicating that these areas are not being
maintained in a clean, sanitary condition and are not being cleaned at least daily.
• During the inspection an accumulation of windblown waste was observed throughout the
facility property and was observed off-property beyond the perimeter boundary along the
northwestern side of the facility.
• During the inspection a loaded transfer trailer was observed leaking leachate onto the ground from holes in the bottom of the transfer trailer.

B. 15A NCAC 13B .0403(b)(2) states in part: “Tipping floors shall be located within an enclosed building or covered area to prevent precipitation from coming into contact with waste, and all waste shall be
managed on the tipping floors unless otherwise stated in the site permit. For the purpose of the rules
of this Section, "tipping floor" means the area where waste is offloaded from residential or commercial vehicles and staged and consolidated for transport to its intended disposal location.”

Republic Services of NC, LLC
Notice of Violation
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May 8, 2023

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0403(b)(2) for failing to
manage all waste on the tipping floor. During the inspection, the outer wall metal panels on the north
side of the facility transfer trailer loading area were missing, and several panels were torn and partly
detached from building, allowing waste to escape the building.
C. 15A NCAC 13B .0405(a)(8)(A) states: “Waste Screening. Sites shall comply with the following waste
screening requirements: (A) Site personnel shall screen incoming loads weekly at a rate of no less than five percent of the
average daily waste tonnage reported in the site's annual report for the previous year. Site
personnel shall be trained annually to identify liquid waste, hazardous waste, polychlorinated biphenyl (PCB) wastes, special wastes as defined in G.S. 130A290(a)(40), wastes banned from
landfill disposal in accordance with G.S. 130A-309.10(f) if the site receiving the waste for
disposal is a landfill, and wastes that the intended final disposal site is not permitted by the Division to accept. The screening shall be conducted as described in the approved operations
plan prepared in accordance with Rule .0404(i) of this Section. Waste screening and rejected
wastes shall be recorded in writing, and the records shall be kept on site for no less than five years and shall be made available to the Division during a site inspection or upon request.”

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0405(a)(8)(A) for failing to perform random inspections of incoming loads and record the inspections. During the inspection the
last recorded inspection of incoming loads was on October 8, 2021. Facility staff confirmed that
random inspections of incoming loads were not being done at this transfer station.
D. 15A NCAC 13B .0405(a)(10) states: “Windblown waste: Site staff shall conduct daily inspections for
windblown waste on the site property. Windblown litter from site operations discovered during the daily inspections or observed on adjacent properties shall be picked up and containerized for disposal by the
end of each operating day, unless the landowner of the adjacent property denies access to site staff.
The site shall prevent waste from being blown outside the waste handling areas by the wind, using
methods such as:
(A) requiring that vehicles entering and leaving the site keep waste covered;
(B) providing skirts, such as rubber belting or brushes, around the top of chutes to minimize the space between the chute and the hauling trailer at sites with chutes and hoppers; or
(C) preventing waste from leaving the site using methods such as fencing, netting, or diking.”

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0405(a)(10) for failing to
pick up and containerize windblown waste for disposal by the end of each operating day and failing to
prevent waste from being blown outside the waste handling areas by the wind. During the inspection
an accumulation of windblown waste was observed throughout the facility property and was observed
off-property beyond the perimeter boundary along the northwestern side of the facility. Transfer station
loading by deflector plates were broken and missing, allowing waste to be directed into the loading
bay when loading transfer trailers.

E. 15A NCAC 13B .0405(a)(11) states in part: “Site Cleaning and Maintenance: Unless otherwise stated
in the site permit, all waste shall be removed from the tipping floor, the truck loading bays, and from
behind push walls by the end of each day of operation and disposed of in accordance with this
Subchapter.”

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0405(a)(11) for failing to
remove all waste from the transfer trailer loading bay by the end of each day of operation for proper
disposal.

Republic Services of NC, LLC
Notice of Violation
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May 8, 2023

F. 15A NCAC 13B .0405(c) states: “All vehicles and containers being used for the temporary storage of
solid waste shall be maintained to be leak resistant in accordance with Rule .0105 of this Subchapter
or shall be stored so that any leachate from the vehicles or containers will be collected to prevent the
release of leachate to the environment.”
Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0405(c) for failing to maintain a
vehicle used for the temporary storage of solid waste to be leak resistant in accordance with Rule .0105 of this Subchapter and for failing to collect and prevent the release of leachate to the environment from the vehicle.
During the inspection a loaded transfer trailer was observed leaking leachate onto the ground from holes on
the bottom of the transfer trailer.
Based upon the foregoing, Republic Services of North Carolina, LLC shall come into compliance by July 10,
2023, or as indicated in the items below, with all requirements of the regulations in 15A NCAC 13B .0203(d), 15A NCAC 13B .0403(b)(2), 15A NCAC 13B .0405(a)(8)(A), 15A NCAC 13B .0405(a)(10), 15A NCAC
13B .0405(a)(11), and 15A NCAC 13B .0405(c) by completing the following at the Republic Services Bishop
Road Transfer Facility, Permit No. 41-18T:
1. Repair interior and exterior of metal paneling on the transfer station building, including repairs to
deflector plates above the transfer station loading bay, to prevent waste from escaping the transfer station building. Immediately implement measures to cover the gaps in the transfer station walls and
prevent waste from leaving the building until final repairs are made.

2. Immediately screen incoming loads weekly at a rate of no less than five percent of the average daily
waste tonnage reported in the site's annual report for the previous year and retain records of waste
inspections in accordance with 15A NCAC 13B .0405(d)(1).
3. Immediately collect and properly dispose of windblown waste by the end of each operating day and
implement measures to prevent windblown waste from leaving the facility boundary.

4. Immediately implement procedures to inspect each transfer trailer before loading to ensure that it has
been maintained to prevent the escape of solid, semi-solid or liquid waste, and train facility staff to
effectively implement these procedures so that trailer found to be out of compliance with 15A NCAC
13B .0105 are not used to transport waste or to store waste on-site, Repair and maintain transfer
trailers. All trailers shall be maintained in a leak resistant condition. Any leachate leaking out of
transfer trailers must be captured and returned to the leachate collection system.

Republic Services of NC, LLC shall provide a written certification with supporting documentation on the
company letterhead confirming the noted compliance schedule has been completed. Include in this
certification any actions taken to prevent these violations from occurring in the future. Send this certification
to Chuck Kirchner at [e-mail].
The violations 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up
inspection to verify that the operator has completed the requirements of this Notice of Violation.
Republic Services of NC, LLC
Notice of Violation
Page 5 of 5
May 8, 2023

If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Chuck Kirchner
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer