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 -