3608_NOV_20161102

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, NC 28115
704 663 1699

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Director

November 2, 2016

CERTIFIED MAIL: 7015 1520 0002 6984 7634
RETURN RECEIPT REQUESTED

Mr. Jeffery Edwards, District Manager
Waste Management
2712 Lowell Road
Gastonia, NC 28054

SUBJECT: Notice of Violation
Compliance Inspection Report
Waste Management Transfer Station
Permit No. 3608-Transfer-1993
Gaston County

Dear Mr. Edwards:

On October 12, 2016, Kim Sue, Deb Aja and Kris Riddle, 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. Steven Edwards,
Commercial Regional Manager, and you were present and represented Waste Management of
Carolinas 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(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number 19
of Permit to Operate 3608-Transfer-1993 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, liquids and other excluded waste
types”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0203(d) as a result of failing to
perform and/or document the required waste screening provisions stated in the Permit to
Operate dated May 12, 2016. During the inspection a review of the records for random
Waste Management of Carolinas
Notice of Violation
Page 2 of 7
November 2, 2016

inspections revealed deficiencies in the number of random inspections performed and/or
documented. There were only four random inspections documented in 2015 and no random
inspections conducted or documented in 2016. The dates of random inspections documented
in 2015 were January 5, 2015, February 26, 2015, September 1, 2015, and October 9, 2015.

B. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Facility Operations Plan Waste Management
of Carolina, Inc., dated May 12, 2016 (DIN 25637, Page 6) states: “Random Inspections,
and Employee Training and Certifications”, “Random inspections will be conducted
and documented on a random basis per Waste Management procedures (see
Attachment 1). Random inspections will be performed on front-end loaders,
commercial rear-end loaders and roll-offs. There will be no less than four (4) random
inspections conducted monthly. The random dates shall be no closer than one (1) day
apart. The drivers/vehicles will be randomly inspected and not inspected
consecutively”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(1) as a result of failing to
perform and/or document the required waste screening provisions stated in the Permit to
Operate Dated May 12, 2016. During the inspection a review of the records for random
inspections revealed deficiencies in the number of random inspections performed and/or
documented. There were only four random inspections documented in 2015 and no random
inspections conducted or documented in 2016. The dates of random inspections documented
in 2015 were January 5, 2015, February 26, 2015, September 1, 2015, and October 9, 2015.

C. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number 20
(c) of Permit to Operate 3608-Transfer-1993 states: “Waste may be stored on-site, in
leak proof transfer trailers, with watertight covers, a maximum of 5 working days.
Storage of the waste must not cause any nuisance, such as odor or attraction of
vectors”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0203(d) in that they stored
waste in leaking trailers and in that the storage of the waste caused odors. During the inspection
leachate was observed actively leaking from loaded trailers being used at Waste Management
Transfer Facility to collect and transport solid waste. Leachate was observed flowing across the
gravel parking lot and leaking out of trailers #2226, #16370, #3926 and #1285. Objectionable
odors were detected in the vegetated area to the south of the facility.
D. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Facility Operations Plan Waste Management
of Carolina, Inc., dated May 12, 2016 (DIN 25637, Page 4) “Waste Acceptance &
Waste Management of Carolinas
Notice of Violation
Page 3 of 7
November 2, 2016

Storage” states: “If the waste is to remain on site for more than seven days after
collection from the generator, a refrigerated type trailer will be utilized. The loaded or
partially loaded trailers will primarily be staged on a concrete pad outside the facility.
If necessary, the trailers may be staged on the yard as identified on the facility
diagram. The staged trailers will be inspected during loading, prior to staging outside,
and prior to transfer to identify leaks or spills. If leaks or spill are identified, clean up
and decontamination procedures will be implemented as outlined in the
transportation vehicle’s contingency plan”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(1) in that leachate was
observed actively leaking from loaded trailers to collect and transport solid waste. Leaks were
not identified in accordance with the inspection protocol and clean up procedures were not
implemented in accordance with the approved Operations Plan. During the inspection leachate
was observed actively leaking from loaded trailers being used at Waste Management Transfer
Facility to collect and transport solid waste. Leachate was observed flowing across the gravel
parking lot and leaking out of trailers #2226, #16370, #3926 and #1285.

E. SL2013-413, Section 59.2(c), in amending 15A NCAC 13B .0105 states: “Requires that
vehicles or containers used for the collection and transportation of solid waste to “be
designed and maintained to be leak-resistant in accordance with industry standards”.

Waste Management of Carolinas is in violation of SL2013-413, Section 59.2(c), in amending 15A
NCAC 13B .0105 in that leachate was observed actively leaking from loaded trailers being used
at Waste Management Transfer Facility to collect and transport solid waste. Leachate was
observed flowing across the gravel parking lot and leaking out of trailers #2226, #16370, #3926
and #1285.

F. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number
21(a) and (b) of Permit to Operate 3608-Transfer-1993 states: “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.
a. The leachate control system, such as floor drains, leachate collection devices,
sanitary sewer connections and leachate storage tanks, must be operational
during facility operations.
b. The tipping floor must drain away from the building entrance and into the
leachate collection system”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0203(d) in that the leachate
control system was not operational during facility operations and that the leachate did not
Waste Management of Carolinas
Notice of Violation
Page 4 of 7
November 2, 2016

drain into the leachate collection system. During the inspection leachate was leaving the
confines of the transfer building and flowing north across the paved parking lot to the straw
bales located along the edge of the parking lot up against the guard rail and northeast to the
gravel parking lot where the loaded trailers are parked. The trench drain across the entrance to
the transfer station was inundated with residue at the time of inspection.

G. 15A NCAC 13B .0402(3) states: “Water that comes into contact with solid waste will be
contained on-site or properly treated prior to discharge from the site. An NPDES
permit may be required prior to discharge to surface waters.”

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(3) in that water that
came into contact with solid waste was not contained onsite or properly treated prior to
discharge from the site. During the inspection leachate was observed leaving the confines of
the transfer building and flowing north across the paved parking lot to the straw bales located
along the edge of the parking lot up against the guard rail and northeast to the gravel parking
lot where the loaded trailers are parked. In another area of the facility leachate flowed from the
loaded trailers staged at the gravel parking area to downgradient vegetated areas.

H. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number
20(a) of Permit to Operate 3608-Transfer-1993 states: “The tipping floor and loading
area must be maintained in a clean, sanitary condition at all times and must be
cleaned at least daily”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0203(d) in that the tipping
floor and loading area was not maintained in a clean, sanitary condition at all times and was not
cleaned at least daily. During the inspection the trench drain was clogged with debris and the
tipping floor had a heavy layer of debris. Facility staff stated that the trench drain and tipping
floor were not cleaned daily. Waste was observed deposited on the I beams in the trailer
loading bays.
I. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Facility Operations Plan Waste Management
of Carolina, Inc., dated May 12, 2016 (DIN 25637, Page 4) “Housekeeping & Vector
Control” states: “The operator is responsible for the operations, maintenance, and
general housekeeping of the facility. All extraneous solid waste will be swept and
removed by broom and/or shovel during the operations day. Any extremely wet
material will be removed by washing the area down with water. This wastewater will
be routed to the sanitary sewer”.

Waste Management of Carolinas
Notice of Violation
Page 5 of 7
November 2, 2016

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(1) in that daily
housekeeping is not being performed. During the inspection waste was observed deposited on
the I beams in the trailer loading bays. A section of the deflector panel was missing. Waste was
observed behind the east push wall. The insulation on the rear wall of the transfer station was
deteriorating. Dust and dirt was observed on the walls and exhaust fans in the transfer station.

J. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number 20
(e) (ii) of Permit to Operate 3608-Transfer-1993 states: “Control measures must be
utilized to minimize and eliminate visible dust emissions and blowing litter.” and “i.
Windblown materials must be collected by the end of the day and no windblown
material may be allowed to leave the facility boundary”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0203(d) in that windblown
material is not being controlled and collected by the end of each day. During the inspection
windblown material was observed along the access road to the trailer loading bays, the area
surrounding the trailer loading bays, and surrounding the tarping area and scaffolding.
K. 15A NCAC 13B .0402(7) states: “Appropriate method shall be provided to confine
material subject to be blown by the wind within the area. At the conclusion of each
day of operation, all windblown material resulting from the operation shall be
collected and returned to the area by the owner or operator”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(7) in that all windblown
material resulting from the operation was not collected and returned to the area at the
conclusion of each day. During the inspection windblown material was observed along the
access road to the trailer loading bays, the area surrounding the trailer loading bays, and
surrounding the tarping area and scaffolding.

L. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Facility Operations Plan Waste Management
of Carolina, Inc., dated May 12, 2016 (DIN 25637, Page 4) states: “Windblown litter is
controlled at the transfer station by using covered transfer and collection vehicles,
confining waste transfer activities to the inside of the building, and controlling vehicle
access to the transfer building. Litter that escapes the transfer building will be picked
up daily and managed to minimize contact with stormwater”.

Waste Management of Carolinas is in violation of 15A NCAC 13B .0402(1) in that litter that
escaped the transfer building was not picked up daily and managed to minimize contact with
stormwater. During the inspection windblown material was observed along the access road to
the trailer loading bays, the area surrounding the trailer loading bays, and surrounding the
Waste Management of Carolinas
Notice of Violation
Page 6 of 7
November 2, 2016

tarping area and scaffolding. The trench drain across the front of the trailer loading bays
discharges to an open ditch which flows to the retention pond. Waste was washing to the open
ditch and eventually to the retention pond.

Based upon the foregoing, Waste Management of Carolinas shall come into compliance by
December 5, 2016 with all requirements of the regulations in 15A NCAC 13B and SL2013-413,
Section 59.2(c), in amending 15A NCAC 13B .0105 by completing the following:
1. Immediately implement the procedures set forth in the Permit to Operate Part VI
Transfer Station/Treatment & Processing Unit(S) (May 12, 2016) (DIN 26093) and the
Facility Operations Plan (May 12, 2016) (DIN 25637) for randomly inspecting incoming
loads of waste. Random inspection logs that indicate compliance with the required
procedures must be made available for inspection and review by the Solid Waste
Section in order to demonstrate compliance.
2. Immediately ensure that all leachate at the facility is collected within the leachate
collection system and implement procedures set forth in the Facility Operations Plan
(May 12, 2016) (DIN 25637) to inspect staged trailers during loading, prior to staging
outside, and prior to transfer to identify leaks or spills. If leaks or spill are identified,
implement clean up and decontamination procedures as required.
3. Make all necessary repairs to the leaking transfer trailers.
4. Submit a soil sampling plan to determine the impact of the leachate released at the
facility to Ervin Lane, Compliance Hydrogeologist, for review and approval and
implement the approved plan. Further actions to remediate leachate releases at the
facility may be required.

Ervin Lane, Compliance Hydrogeologist
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]

5. Immediately implement the procedures set forth in the Permit to Operate Part VI
Transfer Station/Treatment & Processing Unit(S) (May 12, 2016) (DIN 26093) and the
Facility Operations Plan (May 12, 2016) (DIN 25637) Section 4.0 Operational Procedures,
Housekeeping & Vector Control. The tipping floor and loading area must be maintained
in a clean, sanitary condition at all times and must be cleaned at least daily. The
leachate collection system must be operational during facility operations. All extraneous
solid waste must be swept and removed by broom and/or shovel during the operations
day. Any extremely wet material must be removed by washing the area down with
water and routing this wastewater to the sanitary sewer.
6. Immediately implement the procedures set forth in the Permit to Operate Part VI
Transfer Station/Treatment & Processing Unit(S) (May 12, 2016) (DIN 26093) and the
Facility Operations Plan (May 12, 2016) (DIN 25637) Section 4.0 Operational Procedures,
Waste Management of Carolinas
Notice of Violation
Page 7 of 7
November 2, 2016

Housekeeping & Vector Control to control windblown litter at the facility. Litter that
escapes the transfer building must be picked up daily and managed to minimize contact
with stormwater. No windblown material may be allowed to leave the facility boundary.

Waste Management of Carolinas shall provide a written certification with supporting
documentation on 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. Mail this certification to Kim Sue, Environmental Senior Specialist,
NCDEQ-Solid Waste Section, 610 East Center Avenue, Suite 301, Mooresville, North Carolina
28115 by the noted compliance date.

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(s) to verify that the facility has completed the requirements of this Notice
of Violation.

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

Sincerely,

For: Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
Ervin Lane, Compliance Hydrogeologist – Solid Waste Section
Shawn Carroll, Waste Management, [e-mail]
Dan Moore, Waste Management, [e-mail]