2611T-TP-2021_INSP_20240531

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
MSWLF X COUNTY: Cumberland
MSWLF goods X PERMIT NO.: 2611T-TP-2021
FILE TYPE: COMPLIANCE

Date of Site Inspection: May 31, 2024 Date of Last Inspection: March 1, 2023
FACILITY NAME AND ADDRESS:
BMAKK Corporation Cape Fear Site Works, Inc. dba River City Transfer Station 1049 South Eastern Boulevard Fayetteville, NC 28306 GPS COORDINATES (decimal degrees): Lat.: 35.029406 Long.: -78.881171
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Dr. Bennet Achigbu, owner Telephone: [phone]
Email address: [e-mail] Operation Manager George Culbreth [e-mail] FACILITY CONTACT ADDRESS:
Mr. Bennet Achigbu, owner BMAKK Corporation Cape Fear Site Works, Inc. dba River City Transfer Station 1440 Read Street Omaha, NE 68112

PARTICIPANTS: David Powell, SWS
Carl Presler, Onsite Representative STATUS OF PERMIT: Permit to Operate issued December 16, 2021, expires December 16, 2026. Pursuant to 15A NCAC 13B .201(c), the permittee must submit a permit renewal application prepared in accordance with 15A NCAC 13B .0301 and .0302 to the Section no later than to June 16, 2026.
PURPOSE OF SITE VISIT: Compliance Inspection STATUS OF PAST NOTED VIOLATIONS: N/A OBSERVED VIOLATIONS: N/A
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
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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ADDITIONAL COMMENTS
1. David Powell onsite to check facility for preparedness for operating. Site has a Permit to Operate but has not
cleaned up previous waste onsite and site is overgrown. Mr. Powell walked site with onsite representative Carl Presler, whom lives upfront inside gate. No records were reviewed during the visit. The site has become overgrown with vegetation. 2. The site is overgrown and not in operation and appears not ready for operation at this time. There is still a large stockpile of concrete waste in rear that has become overgrown and hard to see. There are still ome stockpiles of C and D treated dimensional lumber. There are damaged trailers, tires, random equipment, barrels and trash scattered about the property. Derelict equipment is present around the property and misc. items as well.
Entrance to site
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Entrance and right.
Behind the office building.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Derelct equipment onsite and overgrown.
Large concrete comingled stockpile in rear of property, out of view on left.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 6
Rear of property, limited access with overgrown vegetation. Concrete stockpile is out of view of photo on right and behind.
3. Mr. Powell has previously explained that the site must meet pre-operation conditions outlined in the rule/permit for this site and have a pre-operation inspection before any waste can be received at the facility. The C and D Concrete waste in rear of the property in a stockpile must be removed as waste and cannot be crushed and recycled any longer. The time frame available for such material has long passed. See rule reference below. Mr. Powell had previously called Mr. Culbreth and explained on 3/3/2023 that the waste must be removed to landfill for that waste type. The concrete up front, next to adjacent property is newer and can be crushed and recycled. Any wood mulch or composted waste also needs removal to landfill for that waste type. All waste disposal documentation should be submitted to myself. Mr. Culbreth has previously provided some weight tickets from previous waste disposal. Permit Attachment 3, Part VI, 27 - Prior to initial operation of the facility, the applicant must contact their
designated Section’s environmental specialist and permitting engineer to schedule a pre-operation meeting. 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 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:
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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(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. 4. Please be sure any containers for oil or fuel are not leaking and see these are taken to an appropriate disposal facility.
5. If the owner does not need or want a permit any longer, they may speak with Section Permitting and
discuss closer needs. Sherri Stanley is copied, and her contact information is [phone] or
[e-mail]. Please keep me in the loop on how this facility wishes to proceed.
Please contact me if you have any questions or concerns regarding this inspection report.
________________________________________ Phone: 919 – 280 - 5135 _ David Powell Environmental Senior Specialist Regional Representative
Sent on: 6/6/2024 X Email Hand delivery US Mail Certified No. [ _]
Copies: Andrew Hammonds, Field Operations Branch Head – Solid Waste Section Sherri Stanley, Permitting Branch Supervisor – Solid Waste Section