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Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 1 of 14
North Carolina Department of Environmental Quality
Division of Waste Management
Pat McCrory Donald R. van der Vaart
Governor Secretary
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone/Fax 919-707-8200 Internet: http://www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WASTE MANAGEMENT
SOLID WASTE SECTION
SOLID WASTE MANAGEMENT FACILITY
Permit No. 9704-MSWLF-1993
WILKES COUNTY
is hereby issued a
PERMIT TO CONSTRUCT
NOT APPLICABLE
PERMIT TO OPERATE
ROARING RIVER MSW LANDFILL
PERMIT FOR CLOSURE
NOT APPLICABLE
Located at 9219 Elkin Highway, NC Highway 268, in Wilkes County, North Carolina, in accordance
with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated
thereunder and subject to the conditions set forth in this permit. The legal description of the site is
identified on the deeds recorded for this property listed in Attachment No. 1 of this permit.
Edward F. Mussler, III, P.E.,
Permitting Branch Supervisor
Solid Waste Section
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 2 of 14
ATTACHMENT 1
Permit to Operate Data Table
Permit Status Issuance Expiration
9704-MSWLF-1993 Active June 2, 2016 June 30, 2021
PART I: GENERAL PERMIT CONDITIONS
1. This permit is issued by the North Carolina Department of Environment and Natural
Resources, Division of Waste Management, Solid Waste Section (Section). In
accordance with North Carolina Solid Waste Management Rule 15A NCAC
13B.0201(d), a solid waste management facility permit shall have two parts: a Permit to
Construct and a Permit to Operate. The Permit to Construct must be implemented in
accordance with Attachment 2 of this permit. The Permit to Operate must be
implemented in accordance with Attachment 3 of this permit.
2. The persons to whom this permit is issued (“permittee”) are the owners and operators of
the solid waste management facility.
3. This permit shall not be effective until the certified copy of this permit which references
legal descriptions for all land within the solid waste management facility boundary is
recorded in the Register of Deeds office and indexed in the grantor index under the name
of the owner of the land in the county or counties in which the land is located. The
certified copy of the permit affixed with the Register's seal and the date, book, and page
number of recording must be returned to the Solid Waste Section within thirty (30)
calendar days of issuance of this permit. If the Solid Waste Section does not receive the
certified copy of the recorded permit within 30 calendar days of issuance of the permit,
then and in that event, the permit is suspended and of no effect until the date the Solid
Waste Section receives the certified copy of the recorded permit.
4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or
other instrument of transfer shall contain in the description section in no smaller type than
that used in the body of the deed or instrument, a statement that the property has been
used as a sanitary landfill and a reference by book and page to the recordation of the
permit.
5. By initiating construction or receiving waste at this facility the permittee shall be
considered to have accepted the terms and conditions of this permit.
6. Construction and operation of this solid waste management facility must be in accordance
with the 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
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 3 of 14
addressed by permit condition. Failure to comply may result in compliance action or
permit revocation.
7. This permit is issued based on the documents submitted in support of the application for
permitting the facility including those identified in Attachment 1, “List of Documents for
Approved Plan,” and which constitute the approved plan for the facility. Where
discrepancies exist, the most recent submittals and the Conditions of Permit shall govern.
8. This permit may be transferred only with the approval of the Section, through the
issuance of a new or substantially amended permit in accordance with applicable statutes
and rules. In accordance with NCGS 130A-295.2(g) the permittee must notify the Section
thirty (30) days prior to any significant change in the identity or business structure of
either the owner or the operator, including but not limited to a proposed transfer of
ownership of the facility or a change in the parent company of the owner or operator of
the facility.
9. The permittee is responsible for obtaining all permits and approvals necessary for the
development of this project including approval from appropriate agencies for a General or
Individual NPDES Stormwater Discharge Permit. Issuance of this permit does not
remove the permittee’s responsibilities for compliance with any other local, state or
federal rule, regulation or statute.
Properties Approved for the Solid Waste Facility
Wilkes County, N.C. Register of Deeds
Book Page Acreage Grantee PIN
683 601 140.6± Wilkes County 4910-21-9513
140.6± Total Facility Acreage
Notes:
1. Deed book references are from Wilkes County GIS website accessed May 2016.
PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S)
Permitting History
1. On October 7, 1993 a Permit to Operate was issued for Phase 1 of the MSW landfill unit.
2. On October 27, 1998 a modification was made to the Permit to Operate for a five-year
extension of Phase 1 of the MSW landfill unit.
3. On April 20, 2000 an amendment was made to the Permit to Operate for the operation of
Phase 2 of the MSW landfill unit.
4. On October 9, 2002 a modification was made to the Permit to Operate for a change in
operating hours.
5. On June 30, 2006 an amendment was made to the Permit to Operate for the operation of
Phase 3 of the MSW landfill unit.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 4 of 14
6. On June 3, 2009 a modification was made to the Permit to Operate for the addition of tarp
alternative daily cover and a Type I Composting unit.
7. On January 20, 2012 an amendment was made to the Permit for the operation of MSW
landfill unit Phase 4, a vertical expansion.
8. On June 2, 2016 an amendment was made to the Permit for the five-year renewal of
operations.
List of Documents for the Approved Plan
The descriptions of previous/historical documents may be found in the Permit to Operate issued
June 3, 2009, DIN 7369.
DOCUMENT ID NO. DOCUMENT DESCRIPTION
15121 Water Quality Monitoring Plan. Prepared by: Joyce Engineering.
Prepared for: Wilkes County. January 2011. Revised May 2011.
15161 Landfill Gas Monitoring Plan. Prepared by: Joyce Engineering. Prepared
for: Wilkes County. August 2011.
15475 Operations Plan. Prepared by: Joyce Engineering. Prepared for: Wilkes
County. January 2011. Revised October 2011.
15476 Closure & Post-closure Plan. Prepared by: Joyce Engineering. Prepared
for: Wilkes County. January 2011. Revised October 2011.
15477 Facility Plan. Prepared by: Joyce Engineering. Prepared for: Wilkes
County. January 2011. Revised May 2011.
15478 Engineering Plan. Prepared by: Joyce Engineering. Prepared for: Wilkes
County. January 2011. Revised May 2011.
15516 Construction Quality Assurance Plan. Prepared by: Joyce Engineering.
Prepared for: Wilkes County. August 2011.
26112 Permit Renewal Application. Prepared by: Joyce Engineering. Prepared
for: Wilkes County. May 2016.
26113 Operations Plan. Prepared by: Joyce Engineering. Prepared for: Wilkes
County. May 2016.
No. Permit Type Date Issued DIN
1. Original Permit to Operate October 7, 1993
2. Permit Modification October 27, 1998
3. Permit Amendment April 20, 2000
4. Permit Modification October 9, 2002
5. Permit Amendment June 30, 2006
6. Permit Modification June 3, 2009 7369
7. Permit Amendment January 20, 2012 15685
8. Permit Amendment June 2, 2016 26097
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 5 of 14
PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S)
Not Applicable
PART IV: INDUSTRIAL LANDFILL UNIT(S)
Not Applicable
PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S)
Not Applicable
PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S)
Not Applicable
PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT
Not Applicable
- End of Section -
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 6 of 14
ATTACHMENT 2
CONDITIONS OF PERMIT TO CONSTRUCT
PART I: GENERAL FACILITY
Not Applicable
PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S)
Not Applicable
PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S)
Not Applicable
PART IV: INDUSTRIAL LANDFILL UNIT(S)
Not Applicable
PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S)
Not Applicable
PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S)
Not Applicable
PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT
Not Applicable
- End of Section -
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 7 of 14
ATTACHMENT 3
CONDITIONS OF PERMIT TO OPERATE
PART I: GENERAL FACILITY
1. The Permit to Operate shall expire June 30, 2021. Pursuant to 15A NCAC 13B.0201(g),
no later than December 30, 2020, the owner or operator must submit a request to the
Section for permit review prepared in accordance with Section .1603(a)(2) or (3) as
applicable, and must update pertinent facility plans including, but not limited to, the
facility operation and waste screening plans.
2. All sedimentation and erosion control activities must be conducted in accordance with the
Sedimentation Control Act N.C.G.S. 113A-50, et seq., and rules promulgated under 15A
NCAC 4.
3. The edge of the waste footprint for all disposal units must be identified with permanent
physical markers.
4. The permittee must not knowingly dispose of, or accept for transfer for subsequent
disposal, municipal solid waste that is generated within the boundaries of a unit of local
government that by ordinance:
a. Prohibits generators or collectors of municipal solid waste from disposing of that
type or form of municipal solid waste.
b. Requires generators or collectors of municipal solid waste to recycle that type or
form of municipal solid waste.
5. Copies of this permit, the approved plans and all records required to be maintained by the
permittee must be maintained at the facility, unless otherwise approved by the Section,
and made available to the Section upon request during normal business hours.
6. Financial assurance as required by state rules and statutes must be continuously
maintained for the duration of the facility in accordance with applicable rules and
statutes. Closure and Post-Closure cost estimates and financial instruments must be
updated annually pursuant to 15A NCAC 13B .1628.
7. Closure or partial closure of any landfill unit must be in accordance with the Closure
Plans described in the approved plans and 15A NCAC 13B .1629. Final Closure Plans
must be submitted to the Division at least 90 days prior to implementation.
Operational Requirements
8. This facility is permitted to receive non-hazardous solid waste generated within Wilkes
County, consistent with the local government waste management plan and with local
government approval and as defined in G.S. 130-290 (a)(18a) and (35), except where
prohibited by the N. C. General Statues Article 9 of Chapter 130A, and the rules adopted
by the Commission for Health Services.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 8 of 14
9. The facility operator must complete an approved operator training course in compliance
with G.S. 130A-309.25.
a. A responsible individual certified in landfill operations must be on-site during all
operating hours of the facility at all times while open for public use to ensure
compliance with operational requirements.
b. All pertinent landfill-operating personnel must receive training and supervision
necessary to properly operate the landfill units in accordance with G.S. 130A-
309.25 and addressed by memorandum dated November 29, 2000.
10. Alternative daily cover materials and methods must be used in accordance with the
approved plans and Solid Waste Section guidelines. Any alternative daily cover materials
or methods not previously approved by the Section require review and approval before
use. In these cases, a request for use must include a plan detailing the comprehensive use
and a demonstration of the effectiveness of the alternative daily cover. The plan must be
developed according to Section guidelines. Plans which are approved by the Section will
be incorporated into, and made a part of, the approved documents listed in Attachment 1.
11. The facility must maintain records for all solid waste materials accepted as alternative
cover material and used as alternate daily cover. The records must include: the date of
receipt, weight of material, general description of the material, identity of the generator
and transporter, and county of origin. Such records must be made available to the Solid
Waste Section upon request.
Monitoring and Reporting Requirements
12. Groundwater, surface water, and landfill gas monitoring locations must be established
and monitored as identified in the approved plans.
13. A licensed geologist must be present to supervise the installation of groundwater
monitoring wells. The exact locations, screened intervals, and nesting of the wells must
be established after consultation with the SWS Hydrogeologist at the time of well
installation.
14. Ground water monitoring wells and surface water sampling locations must be sampled for
Appendix I constituents at least semi-annually according to the specifications outlined in
the approved water quality monitoring plan and the current policies and guidelines of the
Section in effect at the time of sampling.
15. Landfill gas monitoring wells must be sampled for explosive gases at least quarterly and
according to specifications outlined in 15A NCAC 13B.544(d), entitled “Gas Control
Plan”, and current policies and guidelines of the Section in effect at the time of sampling.
16. Reports of the analytical data for each monitoring event must be submitted to the Section
within 120 days of the respective sampling event. Analytical data must be submitted in a
manner prescribed by the Section. Records of all groundwater, surface water, and
leachate analytical data must be kept as part of the permanent facility record.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 9 of 14
17. Untreated leachate must be sampled and analyzed at least semi-annually concurrently
with the groundwater water and surface water sampling, one sample per event. The
leachate must be analyzed for all Appendix I constituents, pH, specific conductance,
BOD, COD, nitrates, sulfates, and phosphates. Test results must be submitted to the
Section along with groundwater and surface water test results. In the event leachate is
recirculated, additional leachate sampling may be required.
18. A readily accessible unobstructed path must be cleared and maintained so that four-wheel
vehicles may access monitoring well locations at all times.
19. A field log book which details all development, sampling, repair, and all other pertinent
activities associated with each monitoring well and all sampling activities associated with
each surface water and leachate sampling location must be kept as part of the permanent
facility record.
20. All well construction records and soil boring logs for new wells must be submitted to the
Solid Waste Section Hydrogeologist for review within 30 days of completion.
21. The owner or operator must maintain a record of the amount of solid waste received at
the landfill unit, compiled on a monthly basis. Scales must be used to weigh the amount
of waste received.
22. On or before August 1 annually, the Permittee must submit an annual facility report to the
Solid Waste Section, on forms prescribed by the Section.
a. The reporting period shall be for the previous year beginning July 1 and ending
June 30.
b. The annual facility report must list the amount of waste received and landfilled in
tons and be compiled:
i) On a monthly basis.
ii) By county, city or transfer station of origin.
iii) By specific waste type.
iv) By disposal location within the facility.
v) By diversion to alternative management facilities.
c. A measurement of volume utilized in the landfill cells must be performed during
the second quarter of the calendar year. The date and volumes, in cubic yards,
must be included in the report.
d. The amount of waste, in tons from scale records, disposed in landfill cells from
October 8, 1993 through the date of the annual volume survey must be included in
the report.
e. The completed report must be forwarded to the Regional Waste Management
Specialist for the facility by the date due on the prescribed annual facility report
form.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 10 of 14
f. A copy of the completed report must be forwarded to each county manager for
each county from which waste was received at the facility. Documentation that a
copy of the report has been forwarded to the county managers must be sent to the
Regional Waste Management Specialist by the date due on the prescribed annual
facility report form.
PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S)
23. This permit approves the continued operation of Phases 1, 2, 3 and 4 of the municipal
solid waste landfill, as well as the onsite environmental management and protection
facilities as described in the approved plans.
24. The following table lists the gross capacity, acreage and status details for the MSW
landfill units listed in the approved Facility Plan. Gross capacity is defined as the
calculated volume from the elevation of initial waste placement to the top of the final
cover. These capacities are based on 3:1 side slopes for Phases 1 through 5 and 4:1 side
slopes for Phase 6.
Unit Acres Gross capacity (cubic yards) Status
Phase 1 11.7 895,734 Completed
Phase 2 7.0 639,052 Completed
Phase 3 6.7 664,167 Operational
Phase 4 0 693,709 Operational
Phase 5 5.6 798,379 Future
Phase 6 12.0 970,911 Future
Total 43.0 4,661,952
Note: Bold figures denote change from previous estimate.
25. The facility is approved to accept approximately 57,000 tons per year, approximately 190
tons per day (304 days per year), with a maximum variance in accordance with GS 130A-
294(b1)(1) as listed in Attachment 1, Part II.
26. The following, at a minimum, must not be accepted for disposal at the facility: hazardous
waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged,
PCB waste as defined in 40 CFR 761, and wastes banned from disposal in North Carolina
by G.S. 130A-309.10(f).
27. The permittee must not knowingly dispose of any type or form of municipal solid waste
that is generated within the boundaries of a unit of local government that by ordinance:
a. Prohibits generators or collectors of municipal solid waste from disposing of that
type or form of municipal solid waste.
b. Requires generators or collectors of municipal solid waste to recycle that type or
form of municipal solid waste.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 11 of 14
28. Leachate recirculation is approved in Phase 1 in accordance with the previously approved
Wilkes County Transition Plan. Any monitoring information gathered in accordance with
the approved plan must be maintained by the owner/operator at the facility. The use of
leachate recirculation as a leachate management tool requires approval by the Section
prior to implementation. Requests for leachate recirculation approval must include a
comprehensive management plan developed according to Section guidelines and which is
consistent with the approved operation plan. Plans which are approved by the Section
will be incorporated into, and made a part of, the approved documents listed in
Attachment 1.
29. The facility is permitted to co-dispose of wastewater treatment sludge generated within
the facility's approved service area, and subject to the terms and procedures of the
approved plan.
30. The leachate collection system must be maintained in accordance with 15A NCAC
13B.1626(12)(a). The plan shall include provisions for periodic cleaning and visual
inspection. Documentation of the inspections, and cleaning and monitoring must be
included in the operating records of the facility and provided to the Department upon
request.
PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S)
Not Applicable
PART IV: INDUSTRIL LANDFILL UNIT(S)
Not Applicable
PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S)
Not Applicable
PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S)
Not Applicable
PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT
General Conditions
31. Wastes received and product stored shall be maintained in reasonably sized piles with
adequate fire breaks and lanes in accordance with the approved operational plans and the
pertinent rules.
32. Surface water shall be diverted from all operational and storage areas to prevent standing
water in operational areas and under or around storage piles. Water that comes in contact
with solid waste shall be contained on-site or properly treated prior to discharge.
33. These areas shall be operated and maintained with sufficient dust control measures to
minimize airborne emissions and to prevent dust from becoming a nuisance or safety
hazard.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 12 of 14
34. These areas shall be operated and maintained in a manner so as to minimize odors,
prevent the creation of a nuisance, potential health hazard, or a potential fire hazard.
35. Effective vector control measures shall be applied as necessary to control flies, rodents,
insects, or vermin.
36. All miscellaneous solid waste management activities must be managed within the facility
and within the areas identified in the approved plans. Management of solid waste in
areas of the facility other than that referenced above, require written permission of the
Solid Waste Section.
Operational Conditions – Treatment & Processing (Wood Grinding)
37. The facility is permitted to operate a treatment and processing facility as defined in 15A
NCAC 13B.0101(49).
38. The facility is permitted to receive land clearing waste as defined in 15A NCAC
13B.0101(23).
39. The facility is permitted to receive wooden pallets constructed of unpainted and untreated
natural wood.
40. The facility is permitted to receive yard trash as defined in 15A NCAC 13B.0101(55).
However, this ground material containing yard trash may not be distributed to the public
unless it has been composted in accordance with 15A NCAC 13B.1400.
41. The facility must manage the treatment and processing according to the Operation Plan
included in Attachment 1, Parts II-VII: "List of Documents for the Approved Plan". This
document is included in the approved plan. Any revisions to the approved plan shall be
approved by the Section, prior to implementation.
Operational Conditions – Type 1 Composting Unit
42. The facility is permitted to operate a compost facility as defined in 15A NCAC
13B.0101(7).
43. The facility is only permitted to receive waste materials described in 15A NCAC
13B.1402(f)(1) and (2).
44. The facility must monitor and maintain records to demonstrate the requirements of 15A
NCAC 13B.1406 are continually being met. In addition, the facility is required to
maintain records on the following information:
a. The amount of waste received into the facility,
b. the amount of compost land applied as a soil amendment,
c. the area of land compost was applied to as a soil amendment, and
d. the amount and final termination of any remaining compost.
45. The facility must analyze, classify and distribute the compost material in accordance with
15A NCAC 13B, Rules .1407 and .1408.
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 13 of 14
Operational Conditions – Tires
46. The facility is permitted to receive tires and scrap tires as defined in North Carolina
General Statute Article 9, Chapter 130A-309.53(6) & (7).
47. Scrap tire collection areas shall be operated in accordance with the requirements of 15A
NCAC 13B, Rule .1107.
48. The facility must manage tires according to the Operation Plan included in Attachment 1,
Parts II-VII, "List of Documents for the Approved Plan". This document is included in
the approved plan. Any revisions to the approved plan shall be approved by the North
Carolina Division of Waste Management (DWM), Solid Waste Section, prior to
implementation.
- End of Section -
Facility Permit No: 9704-MSWLF-1993
Permit to Construct / Operate
Wilkes County
Issuance: June 2, 2016
Doc ID: 26097
Page 14 of 14
ATTACHMENT 4
CONDITIONS FOR CLOSURE
PART I: GENERAL FACILITY
Not Applicable
PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S)
Not Applicable
PART III: CONSTRUCTION & DEMOLITION DEBRIS LANDFILL UNIT(S)
Not Applicable
PART IV: INDUSTRIAL LANDFILL UNIT(S)
Not Applicable
PART V: LAND CLEARING & INERT DEBRIS LANDFILL UNIT(S)
Not Applicable
PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S)
Not Applicable
PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT
Not Applicable
- End of Permit Conditions –