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HomeMy WebLinkAbout1303_USTirePTO_DIN26773_20160928 Permit No: 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 1 of 13 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: 919-707-8200 Internet: http://deq.nc.gov/about/divisions/waste-management/solid-waste-section 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. 13-03 LIBERTY TIRE SERVICES OF NORTH CAROLINA, LLC dba U.S. TIRE RECYCLING PARTNERS, LIMITED PARTNERSHIP is hereby issued a PERMIT TO CONSTRUCT Not Applicable PERMIT TO OPERATE 1303-TIRELF-1988 U.S. Tire Recycling Partners, L.P. PERMIT FOR CLOSURE Not Applicable Located at 6322 Poplar Tent Road (SR1394), Concord, Cabarrus 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 deed recorded for this property listed in Attachment 1 of this permit. Edward F. Mussler, III, P.E. Permitting Branch Supervisor Solid Waste Section Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 2 of 13 ATTACHMENT 1 GENERAL PERMIT CONDITIONS INFORMATION Part I General Facility 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 approval to construct and a permit approval 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. The permit to construct and operate for the U.S. Tire Recycling, L.P. scrap tire disposal facility issued January 18, 1995, was recorded in the Cabarrus County Register of Deeds on December 11, 1996, in Deed Book 1770, Pages 91-96 (DIN 25689). 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must contain in the deed 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 solid waste management facility and a reference by book and page to the recordation of the permit. 5. By receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. 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 (N.C.G.S. 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. 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 Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 3 of 13 and rules. In accordance with N.C.G.S. 130A-295.2(g) the permittee shall 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 National Pollutant Discharge Elimination System 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. PERMITS TO OPERATE Permit Issuance Expiration DIN 1303-TIRELF-1988 September 28, 2016 August 11, 2021 26773 DIN = Document Identification Number PROPERTIES APPROVED FOR THE SOLID WASTE MANAGEMENT FACILITY Cabarrus County, NC Register Of Deeds Book Page Grantor Grantee Acres 856 229 U.S. Tire Disposal, Inc. U.S. Tire Recycling Partners, L.P. 86.7 Total Site Acreage 86.7 The Cabarrus County Property Identification Number is 46909736650000. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition Landfill Unit(s) Not Applicable Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 4 of 13 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 – Scrap Tire Disposal Facility Permitting History Permit Type Date Issued DIN Permit to Operate June 2, 1988 Permit to Operate May 2, 1994 Amendment 1 January 18, 1995 Amendment 2, Revised Phases August 20, 2001 Amendment 3, Phase I October 19, 2006 Amendment 4, Phase I Southern Portion for 18-month extension February 8, 2008 Amendment 5 December 10, 2012 17827 PTO Amendment – (5-yr) June 29, 2016 25743 PTO Amendment – (5-yr) – Updated ordinance September 28, 2016 26773 List of Documents for the Approved Plan 1. Construction Plan originally permitted under the name Freddie F. Ensminger, Inc. June 2, 1988. 2. Existing Conditions Drawing as of 23 January 1994. February 10, 1994. 3. Site Plan Application for U.S. Tire Recycling includes Addendum #1 dated October 25, 1994 and Response to Comments dated November 7, 1994. August 10, 1994. 4. Construction Plan Application for U.S. Tire Recycling includes Addendum #1 dated December 7, 1994 and Responses to Comments dated January 5 and 10, 1995. November 28, 1994. Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 5 of 13 5. Correspondence from U.S. Tire Recycling, L.P., stating that the facility does not plan to accept construction and demolition waste nor land clearing and inert debris waste for disposal. August 1, 1996. 6. Correspondence from U.S. Tire Recycling, L.P., indicating the intent to use fifty percent beneficial fill consisting of brick, mortar and concrete mixed with soil to construct fire walls between separate cells of monofilled tires. September 3, 1998. 7. Correspondence from the Division to U.S. Tire Recycling, L.P., granting an extension of the permit until 18 February 2000. January 5, 2000. 8. Correspondence from the Division to U.S. Tire Recycling, L.P. granting an extension of the permit. May 9, 2000. 9. U.S. Tire Recycling Partners, L.P. Scrap Tire Processing and Disposal Facility, Solid Waste Permit No. 13-03, Concord, North Carolina, Permit Review. Prepared by Joyce Engineering, Inc. July 20, 2000. 10. Correspondence providing Franchise Agreement to U.S. Tire Recycling, Inc. from the City of Concord for the operation of a tire recycling and tire debris landfill. Prepared by: Joyce Engineering, Inc. May 21, 2001. 11. Correspondence providing demonstration of local government approval from the City of Concord. Prepared by: Joyce Engineering, Inc. June 1, 2001. 12. Correspondence providing a demonstration of financial assurance. Prepared by: Joyce Engineering, Inc. July 25, 2001. 13. Request for Extension to Existing Solid Waste Permit. Prepared by Withers & Ravenel, 08/03/2006. 14. City of Concord Franchise Ordinance #06-84 adopted September 14, 2006, granting US Tire Recycling Partners, L.P., franchise for 5-year-term. [DIN 293] 15. Documentation of Construction of Phase 1 Southern Area. Prepared by Garrett & Moore, Inc., Garner, NC. October 5, 2007. [DIN 3672] 16. Application for Permit Amendment 5-Year Phase (2011-2016). Prepared by Garrett & Moore, Garner, NC. June 2011. [DIN 16795] 17. Franchise Ordinance. Prepared by the City of Concord. September 8, 2011. [DIN 22507] 18. Application for Permit Amendment. Prepared by Garrett & Moore, Garner, NC. September 2015. Revised through January 4, 2016. [DIN 25742] 19. Ordinance Granting a Scrap Tire Processing and Disposal Facility Franchise to US Tire Recycling Partners, L.P. ORD #16-84, City of Concord, NC. 5-yr term effective August 11, 2016. [DIN 26772] - End of Section - Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 6 of 13 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT Part I: General Facility 1. Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans. 2. Modification or revision of the approved plans or changes during construction require approval by the Section and may constitute a permit modification and be subject to a permitting fee. 3. 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. The facility must furnish a copy of the approved Sedimentation and Erosion Control Plan from the NC Division of Energy, Mineral and Land Resources, Land Quality Section, to the Solid Waste Section. 4. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources, Land Quality Section. The Solid Waste Section must be notified of any modifications. 5. Facility construction must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirement under Sections 401 and 4040 of the Clean Water Act, as amended. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition 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 Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 7 of 13 Part VII Miscellaneous Solid Waste Management – Scrap Tire Disposal Facility All construction phases of landfill development are completed. No additional construction of landfill capacity is authorized under this permit. Any expansion of the landfill or processing facility will require a new application in compliance with the North Carolina Solid Waste Management Rules contained in Section .1100 of 15A NCAC 13B. -End of Section- Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 8 of 13 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE Part I: General Facility 1. The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 2. Signs must be posted at the entrance to the facility that state types of waste that can and cannot be received at the facility, the hours of operation, the permit number(s), contact name, telephone number, and other pertinent information. Traffic signs or markers must be provided as necessary to promote an orderly traffic pattern to and from the operating areas and to maintain efficient operating conditions. 3. Interior roadway must be of all-weather construction and maintained in good condition. 4. A responsible individual trained and certified in facility operations must be on-site at all times during all operating hours of the facility, in accordance with N.C.G.S. 130A- 309.25. An attendant must be present to oversee the loading and unloading of 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 and made available to the Section upon request during normal business hours. 6. 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. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. The Section must be notified of any modifications to the approved sedimentation and erosion plan. 7. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 4040 or the Clean Water Act, as amended. 8. Fire lanes must be established and maintained at all times. The dimensions of the fire lanes must be coordinated with the Fire Marshall having jurisdiction over the site. 9. Open burning of solid waste is prohibited. 10. Fires and non-conforming waste incidents shall be reported to the Section’s Regional Waste Management Specialist within twenty-four hours followed by a written notification to be submitted within 15 days. 11. Financial assurance as required by state rules and statutes must be continuously maintained for the duration of the facility and updated and submitted annually to the Section by the anniversary date of the issuance of this permit. Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 9 of 13 12. Any modifications to the approved plans must be submitted to the Section and approved prior to implementation. Part II: Municipal Solid Waste Landfill Units Not Applicable Part III: Construction and Demolition Debris Landfill Units Not Applicable Part IV: Industrial Landfill Units Not Applicable Part V: Land Clearing and Inert Debris Landfill Units Not Applicable Part VI: Transfer Station / Treatment and Processing Unit Not Applicable Part VII: Miscellaneous Solid Waste Management – Scrap Tire Disposal Facility 1. The permit to operate will expire August 11, 2021, based on the existing franchise of the facility. Pursuant to 15A NCAC 13B .0201(c), the permittee must submit a permit amendment application or plan for closure prepared in accordance with 15A NCAC 13B .1108 (b) to the Section no later than August 11, 2021. Should the franchise be extended, the permit may be extended in accordance with the Solid Waste Management Rules. Notify the Section upon franchise extension. 2. This permit approves the continued operation of the landfill as well as the onsite environmental management and protection facilities as described in the approved plans in Attachment 1, Part VII. 3. The landfill is permitted to operate as a “Scrap Tire Monofill” as defined in 15A NCAC 13B .1101 for the exclusive disposal of scrap tires. 4. The facility is approved to accept approximate 200 tons per day based on approximately 265 days of operation per year with a maximum variance in accordance with N.C.G.S. 130A-294(b1) (1) from a service area consisting of North Carolina, South Carolina, Virginia, West Virginia, Georgia, Tennessee, and Florida. Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 10 of 13 5. The following table lists the approved design capacity for the landfill. Total gross capacity is defined as the volume measured from the bottom of waste through the top of final cover. Phase Area (acres) Gross Capacity (cubic yards) Phase 1 38 1,403,304 Phase 2 1,096,696 TOTAL 38 2,500,000 6. The permittee shall actively employ a screening program with for detecting and preventing the disposal of excluded or unauthorized waste. The landfill operator shall notify the section within 24 hours of attempted disposal of any waste the landfill is not permitted to received, including waste for outside the area the landfill is permitted to serve in accordance with Rule .0505 (11). 7. The facility operator must complete an approved operator training course in compliance with N.C.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 Scrap Tire Disposal unit in accordance with N.C.G.S. 130A-309.25 and addressed by memorandum dated November 29, 2000. 8. The edge of the waste footprint for all disposal units must be identified with permanent physical markers. 9. Fill operations must be contained within the approved elevation contours as shown on the approved application drawings. 10. Waste must be covered with a compacted layer of six inches of earthen materials at least twice weekly. This is an approved alternative to Rule .0505(3)(a). Cover must be placed at more frequent intervals if necessary to control disease vectors, fires, odors, blowing litter, and scavenging. A notation of the date and time of the cover must be recorded in the operating record. Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 11 of 13 11. Unless alternative materials or an alternative thickness of cover has been approved by the Section, areas which will not have additional wastes placed on them for twelve months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. 12. Alternative materials or an alternative thickness of cover may be approved by the Section if the owner or operator demonstrates that the alternative material or thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. An owner or operator may apply for approval of an alternative cover material. If approval is given by the Section, approval would extend to all units at one specific facility. 13. In accordance with N.C.G.S. 130A-295.6 this landfill may use alternative daily cover (ADC) that has been previously approved at another sanitary landfill in North Carolina. The Section maintains a list of approved ADC and its appropriate use, which may be referred to, but is not required to be, in determining ADC types and uses. 14. The use of ADC that has not been approved for the facility or approved under N.C.G.S. 130A-295.6 must be demonstrated and approved by the Section. Requests for alternative daily cover approval 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. 15. Wastewater treatment sludge is not approved for disposal. Wastewater treatment sludge may be accepted, with approval of the Section, for utilization as a soil conditioner and incorporated into or applied onto the vegetative growth layer. The wastewater treatment sludge must not be applied at greater than agronomic rates or to a depth greater than six inches. 16. An updated closure and post-closure plan must be submitted for approval at least 90 days prior to closure or partial closure of any landfill unit. The plan must include all steps and measures necessary to close and maintain the scrap tire disposal unit in accordance with all rules in effect that that time. At a minimum, the plan must address the following: a. Design of a final cover system in accordance with 15A NCAC 13B .0505, or the solid waste management rules in effect at the time of closure; b. Construction and maintenance/operation of the final cover system and erosion control structures; and c. Surface water, ground water, and explosive gas monitoring. Groundwater, Surface Water, and Landfill Gas Monitoring 17. Groundwater, surface water, and landfill gas monitoring (if required) must be established and monitored as identified in the approved plans. Any modification to the approved plans must be submitted to the Section and approved prior to implementation. Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 12 of 13 18. The permittee must maintain a record of all monitoring events and analytical data in their operating record. 19. The permittee must obtain approval from the Section for the design, installation, and abandonment of any monitoring well. 20. A readily accessible, unobstructed, path shall be maintained so that monitoring wells may be accessed using four-wheel drive vehicles. 21. A licensed geologist must be present to supervise the installation of any new groundwater monitoring wells and landfill gas monitoring wells. The exact locations, screened intervals, and nesting of the wells shall be established after consultation with the Section hydrogeologist at the time of well installation. 22. Each groundwater monitoring well and landfill gas monitoring well shall be surveyed and for location and elevation. Each groundwater monitoring well and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). 23. Within thirty (30) days of the completed construction of each new groundwater monitoring well and landfill gas monitoring well, the well construction record (GW-1b form), well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. a. Within thirty (30) days of the completed permanent abandonment of a groundwater monitoring well and landfill gas monitoring well, the well abandonment record (GW- 30 form) and any additional information included in the abandonment record must be submitted to the Section. The well abandonment records must be submitted to the Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. b. Documentation of well completion or abandonment must be placed in the operation record. 24. A field log book which details all development, sampling, repair, and other pertinent activities associated with each monitoring well must be kept as part of facility record. 25. Reports of the analytical results for groundwater quality monitoring sampling events must be submitted to the Section within 120 days of the sample collection date. Analytical data must be submitted in a manner prescribed by the Section. 26. All monitoring reports must contain a. an evaluation of the potentiometric surface, b. analytical laboratory reports and summary tables, c. statistical analysis of laboratory data, d. a Solid Waste Environment Monitoring Data Form, and Permit No. 1303 U.S. Tire Recycling Partners, L.P. September 28, 2016 Document ID No. 26773 Page 13 of 13 e. laboratory data submitted in accordance with the Electronic Data Deliverable Template. Recordkeeping and Reporting 27. The permittee must maintain a record of the amount of scrap tires accepted for disposal, the amount of scrap tires accepted for processing, and the amount of scrap tire processed. Scales must be used to weigh the amount of waste received. The daily records are to be summarized into a monthly report for use in the required annual reports. 28. 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 scrap tires landfilled in tons and be compiled: i. On a monthly basis. ii. By county, city or state of origin. c. The completed report must be forwarded to the Regional Environmental Senior Specialist for the facility by the date due on the prescribed annual facility report form. d. 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 Environmental Specialist by the date due on the prescribed annual facility report form. - End of Permit Conditions -