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HomeMy WebLinkAbout8607TIRETP2013_INSP_20161012FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 5 UNIT TYPE: Lined MSWLF LCID YW Transfer Compost SLAS COUNTY: Surry Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 8607-TIRETP-2013 CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: October 12, 2016 Date of Last Inspection: August 3, 2016 FACILITY NAME AND ADDRESS: New River Tire Recycling, LLC 312 East 52 Bypass Pilot Mountain, North Carolina 27041 GPS COORDINATES: N: 36.38591 W: 80.46101 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Ben Bryant, Owner Telephone: (279) 728-0201 Email address: newrivertire@yahoo.com FACILITY CONTACT ADDRESS: Post Office Box 1375 Hillsville, Virginia 27343 PARTICIPANTS: Ben Bryant, Owner – New River Tire Recycling, LLC Tim Cagle, Plant Manager – New River Tire Recycling, LLC Charles Gerstell, NCDEQ – Solid Waste Section STATUS OF PERMIT: A Permit to Construct a Scrap Tire Collection and Processing Facility along with a Permit to Operate a Tire Collection Facility with Conditional Approval to Operate a Processing Facility were issued to Ben Bryant and New River Tire Recycling, LLC on March 20, 2014. The facility has initiated the renewal process with the permitting branch. The permit shall expire at close of business on December 20, 2016. PURPOSE OF SITE VISIT: Partial Inspection STATUS OF PAST NOTED VIOLATIONS: 15A North Carolina Administrative Code 13B .1107(2)(a) states: “Whole scrap tires shall be placed in an outdoor scrap pile(s) having dimensions no greater than 200 feet in length, 50 feet in width and 15 feet in height.” During the previous inspection on August 3, 2016, tires were not being maintained in uniform scrap tire piles of proper dimensions. Tires were scattered throughout various portions of the site. Some tires were observed under or on top of demolition debris or stacked against walls. Therefore, New River Recycling, LLC was found in violation of 15A NCAC 13B .1107(2)(a). Inspection of the facility on October 12, 2016 found that corrective actions were still in progress at the time of inspection. It appeared that many tires observed during the previous inspection had been processed resulting in fewer stockpiles being located on site. Majority of remaining tires scattered throughout the site had been placed in stockpiles. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 5 However, approximately 20 – 50 tires were still observed scattered in portions of the building that were leaking or had the potential to leak. Two tires were also observed mixed within demolition waste on the west side of the building. Staff were in the process of moving the remaining tires at the time of inspection to proper stockpiles. As a result, this violation is considered unresolved. All remaining tires must be placed within stockpiles of proper dimensions required by law within 15-days of issuance of this inspection report. 15A North Carolina Administrative Code 13B .1107(2)(c) states: “The owner or operator of any scrap tire collection site shall control mosquitoes and rodents so as to protect the public health and welfare. Whole and sliced scrap tires, and other scrap tires capable of holding water shall be covered upon receipt with a water shedding material or disposed of, processed or removed from the site within ten days of receipt. Sliced scrap tires stacked concave-side down are not required to be covered.” During the previous inspection on August 3, 2016, multiple tires were found uncovered and holding water throughout the site. Mr. Bryant could not distinguish which tires had been on site for greater than ten days as tires were mixed upon receipt depending on the type of tire that is being processed at any one time. Mr. Bryant stated that approximately 35% (percent) of the tires on site may have been on site for greater than ten days. As previously noted, during the inspection performed on October 12, 2016, it appeared that many of the tires observed during the previous inspection had been processed resulting in fewer stockpiles being located on site. Mr. Bryant stated that all tires on site at the time of the inspection had been on site for less than 10-days. Mr. Bryant explained that a new shredder had been placed into operation that was allowing for an increase the processing capabilities of the facility resulting in less holding time prior to processing. This violation is considered resolved. OBSERVED VIOLATIONS: 15A North Carolina Administrative Code 13B .0201(a) states: “No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).” 15A North Carolina Administrative Code 13B .0201(b) states: “No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).” During the previous inspection performed on August 3, 2016 a pile of broken concrete and concrete block was observed in a drainage swale on the north side of the building above a corrugated metal pipe. Some of the concrete was painted. Mr. Bryant stated that the pipe was recently installed and he wanted to use the concrete as fill. New River Tire Recycling, LLC was advised by inspection report issued on August 19, 2016 that painted materials (brick, concrete, etc.) must meet unrestricted use standards in order to be used as fill. Inspection of the facility on October 12, 2016 found that soil had been placed over the concrete in the aforementioned location. Mr. Bryant stated that the area had been covered with soil as he was notified by the Town of Pilot Mountain that the area was considered an eye-sore. Mr. Bryant explained that all painted material had been removed prior to placement of soil. However, upon inspection, multiple pieces of painted block were observed protruding from the soil or deposited on top the soil. Mr. Bryant explained that he had contacted a consultant to have all painted material on site tested to determine if the material meets the criteria for unrestricted use. However, a date for testing had not yet been determined. The painted material located on the north side of the property does not meet the definition of “Beneficial Fill” as determined by Rule. Therefore, burial of this material on the subject property which has not been permitted by the Division of Waste Management for such activity constitutes a violation of 15A NCAC 13B .0201(a) and .0201(b). FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 5 During the previous inspection performed on August 3, 2016, demolition debris was observed in the grass field on the south side of the property. The material consisted of concrete (painted & unpainted), concrete block (painted & unpainted), metal, dimension lumber, painted wood, plywood, pieces of foam, gravel and brick. Mr. Bryant stated that he wanted to have the concrete and brick ground to be used as crushed aggregate on site. It was requested that New River Tire Recycling, LLC contact Mr. Ervin Lane, Compliance Hydrogeologist, to determine testing protocols for the subject material. New River Tire Recycling LLC was requested to remove all demolition waste surrounding the building within 30-days of issuance of the previous inspection report. Inspection of the facility on October 12, 2016 found plywood, pieces of foam, and dimension lumber still mixed within the gravel concrete and brick. Continued storage of demolition debris on the subject property which has not been permitted by the Division of Waste Management for such activity constitutes a violation of 15A NCAC 13B .0201(a) and .0201(b). View of buried concrete w/ exposed painted View of painted material protruding from soil material on north side of site. (photo by C. Gerstell) on north side of site. (photo by C. Gerstell) View of demolition waste on south side of site View of demolition waste on south side of site looking southwest (photo by C. Gerstell) looking east. (photo by C. Gerstell) FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 5 In order to achieve compliance within 30-days of receipt of the Notice of Violation, the following actions must be taken: 1. All buried, painted waste located on the north side of the building must be excavated and staged for testing or removed to a solid waste disposal facility permitted by the Division of Waste Management for proper disposal. Upon completion of testing, and if material meets the criteria for unrestricted use, the painted material may be used for fill in accordance with the Beneficial Fill Rule 15A NCAC 13B .0562 and the staged painted materials must be inspected by Section staff. 2. All demolition waste not consisting of material staged for testing (painted concrete, brick, and block) must be removed to a solid waste disposal facility permitted by the Division of Waste Management for proper disposal. 3. Submit a sampling plan for testing of painted material to the Solid Waste Section for review and approval. This plan must include the location and methodology for sampling, and include provisions to remove for proper disposal any materials that do not meet the criteria for unrestricted use. If the sampling plan is not submitted and sampling is not conducted, then all painted materials must be removed for proper disposal. The plan must be submitted to: Ervin Lane, Compliance Hydrogeologist Division of Waste Management – Solid Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699 ADDITIONAL COMMENTS 1. The facility is a Scrap Tire Collection and Processing Facility for the collection and processing of scrap tires. 2. The facility is permitted to receive scrap tires from all counties in North Carolina, Virginia, Tennessee, and South Carolina. 3. Gates were provided at each entrance to prevent unauthorized access. 4. The new shredder is located on the exterior side of the original processing area but within the exterior brick walls of the original building. Please ensure that all revisions to facility processes including changes in equipment are provided in the revised Operations Plan submitted as part of the permit renewal process. 5. No odors were detected at the time of inspection. 6. During the inspection, Mr. Bryant explained that New River Tire Recycling was continuing to work with the Surry County Fire Marshal and the Surry County Inspections Director to address their concerns in reference to the facility structure. New River Tire Recycling, LLC was issued a letter by Brandon Hawks on October 6, 2016 which provided an overall project completion date of April 10, 2017 for correction of remaining outstanding code compliance issues. 7. It did not appear that additional portions of the facility roof had been removed since the previous inspection. 8. All tires on site were maintained within trailers or within the concrete footprint of the building. 9. A trailer load of scrap metal was observed on the north side of the building at the time of inspection. The item(s) 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. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 5 10. During the previous inspection, municipal solid waste was observed on the ground in multiple locations within the concrete footprint of the building. Waste included plastic bottles, pieces of paper, pieces of plastic, a Styrofoam cup, a section of water hose, and cardboard.  Inspection of the facility on October 12, 2016 found an improvement with the aforementioned condition. Much less waste was observed on site, and a dumpster had been provided adjacent to the entrance to the tire storage/tipping area for disposal of wastes. Please continue to make efforts to dispose of any municipal waste as it is observed. It is recommended that additional waste receptacles be provided to provide facility staff a location to dispose of waste generated by staff or observed from incoming loads of tires. 11. During the previous inspection, standing water was observed throughout a large portion of the concrete footprint of the building and within truck loading bays on the exterior of the building as a result of heavy rains experienced prior to inspection. It was noted that standing water can become a source for mosquito breeding which can lead to the creation of nuisance conditions. Mosquito activity was also observed during the previous inspection.  A small amount of standing water was observed on the east side of the building where tire sidewalls were stored during the October 12, 2016 inspection, and mosquito activity did not appear to be as significant. However, New River Tire Recycling is reminded to take steps to ensure that drainage is effective to prevent standing water on site. Also, as noted on the previous inspection report issued August 19, 2016, an abatement program for mosquito control should be developed and implemented in consult with the County Health Department and/or a licensed pest control company and a copy placed within the updated Operation Plan for the facility as part of the permit renewal process. 12. Since the previous inspection, the refrigerator previously observed on the far south side of the property had been removed. Majority of foam insulation located on the ground at the truck loading bay had also been removed. Continue work to remove any additional foam material located in this area. Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: (704) 235-2144 Charles T. Gerstell Environmental Senior Specialist Regional Representative Sent on: 11/4/16 Email Hand delivery X US Mail (w/ NOV) Certified No. [ _] 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 Ellen Lorscheider, Section Chief Ed Mussler, Permitting Branch Head.