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 -