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HomeMy WebLinkAbout1310_USTirePTO_DIN26835_20161026 Permit No: 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 1 of 11 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. 13-10 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 1310-TIRETP-2012 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. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 2 of 11 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 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. The processing facility is located on the same property as the scrap tire disposal facility (Permit 1303-TIRELF-1988). 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. Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 3 of 11 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 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 1310-TIRETP-2012 October 26, 2016 August 11, 2021 26835 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 Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 4 of 11 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 Part VII Miscellaneous Solid Waste Management – Scrap Tire Processing Facility Permitting History Permit Type Date Issued DIN Permit to Operate March 4, 2014 20665 PTO Amendment – (5-yr) – Extension of franchise October 26, 2016 26835 List of Documents for the Approved Plan 1. Permit Application – Scrap Tire Collection and Processing Facility. Prepared for U.S. Tire Recycling. Prepared by Garrett & Moore. September 2009. Approved February 6, 2014. [DIN 20527] 2. 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] 3. Email from Gene Helton to Ed Mussler stating that there have been no changes in the operating process from the previously submitted application [DIN 20527]. September 19, 2016. [DIN 26834]. - End of Section - Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 5 of 11 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. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 6 of 11 Part VII Miscellaneous Solid Waste Management – Scrap Tire Disposal Facility Any expansion of the 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. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 7 of 11 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. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 8 of 11 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 franchise granted by the City of Concord for 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 February 11, 2021. 2. The scrap tire processing facility is permitted to store no more than 2,350 tons of stockpiled and processed tires at any time. 3. A minimum of seventy-five percent (75%) of the tire-derived products must be disposed in the U.S. Tire Recycling Partners, LP tire monofill or shipped offsite on an annual basis. Adjustments to this percentage to allow additional amounts of storage or adjustments to allow additional length of storage time must be submitted to the Section for review and approval. 4. Operation of the facility must conform to the permitting and operating procedures described in the approved plan and in accordance with the conditions contained in this permit. a. This facility must be maintained and operated in accordance with the North Carolina Solid Waste Management Rules. b. Material processing, shredding, and grinding operations may only occur incompliance with any applicable local ordinance or special use permit. Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 9 of 11 c. Amendments or revisions to the Solid Waste Management Rules or violations of standards may necessitate the modification of the construction and operation plans of this facility, d. The operating and permit conditions are subject to revision or revocation at any time the operations either threaten or have the potential to adversely affect the environment or public health and safety. 5. All operating personnel must receive training and supervision necessary to properly operate the facility including the approved waste screening procedures. The permittee shall actively employ a screening program with for detecting and preventing the acceptance of excluded or unauthorized waste. 6. Adequate fire protection measures must be in place and fire prevention procedures must be practiced at all times in accordance with the most current fire safety survey as required by 15A NCAC 13B .1107(2)(f). Equipment must be provided to control accidental fires or arrangements must be made with the local fire protection agency to immediately provide fire-fighting services when needed. 7. Employee training must include the procedures contained in the Emergency Preparedness Manual that must be kept readily available to employees at all times. 8. Stakes or posts must be installed to delineate the tire storage areas and the tire chip pile storage areas as shown in the approved site plan. 9. The facility must not cause nuisance conditions. a. Effective vector control measures must be applied at all times to control any potential vectors including mosquitoes, flies, rodents, insects, and other vermin. b. Control measures must be utilized to minimize and eliminate visible dust emissions and blowing litter emanating from waste materials. c. Windblown materials must be collected by the end of the day and no windblown material is allowed to leave the facility boundary. 10. Fires and other incidents that do not conform to the normal operating conditions authorized by this permit must be reported to the Regional Waste Management Specialist within 24 (twenty-four) hours of the occurrence with a written notification to be submitted within 15 (fifteen) calendar days of the occurrence. 11. Except in circumstances involving the immediate protection of human life, health or the environment, changes in operations or facility construction are not authorized unless submitted in writing to and approved by the Section. 12. Within 30 days after termination of operations at the site or a major portion thereof or upon revocation of this permit, all scrap tire and scrap tire derived products must be removed to a permitted solid waste management facility approved to manage scrap tires. Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 10 of 11 13. Financial assurance for closure and cleanup must remain in force during the operation of this site in accordance with N.C.G.S. 130A-295.215A. The permittee must submit to the Section for review and approval any subsequent changes in the instrument or the provider of financial assurance at least one hundred twenty (120) days prior to any requested changes. a. The permit holder is required to establish financial assurance in the amount of at least $352,500 (three hundred fifty-two thousand and five hundred dollars) for closure at the facility based on the approved total gross capacity of approximately 2,350 tons or 235,000 stockpiled and processed scrap tires at any one time and in accordance with 15A NCAC 13B .1111 (c)(1). b. Subsequent adjustments to the tire storage amount and/or financial assurance amounts must be submitted to the Section for review and approval prior to implementation. c. The owner and operator must annually submit adjusted cost estimates including closure and post-closure activities for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument in accordance with applicable rules and statutes. If the corporate financial test is used as the financial instrument, the verification must be submitted annually to the Section by July 1. Recordkeeping and Reporting 14. The permittee must maintain a record of 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. 15. 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 Permit No. 1310 U.S. Tire Recycling Partners, L.P. October 26, 2016 Document ID No. 26835 Page 11 of 11 Environmental Specialist by the date due on the prescribed annual facility report form. e. A report must be submitted annually by March 1 to the Section and to Cabarrus County containing the information required under 15A NCAC 13B .1110(d). - End of Permit Conditions -