HomeMy WebLinkAbout74C_INSP_20170202FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Pitt
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 74C-LCID-1994
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE
Date of Inspection: 2 February 2017 Date of Last Inspection: 13 December 2016
FACILITY NAME AND ADDRESS:
ER Lewis LCID Landfill #1
1462 Edwards Farm Road
Greenville, NC
GPS COORDINATES: N: 35.5133806 E: -077.3356611
FACILITY CONTACT NAME AND PHONE NUMBER:
Charles Lewis; Chief Financial Officer
252.321.1101
FACILITY CONTACT ADDRESS:
ER Lewis Construction Company
PO Box 565
Greenville, NC 27835
Attn: Charles Lewis
E-mail: clewis@erlewisconstruction.com
PARTICIPANTS:
Eddie Lewis; ER Lewis Construction
Andrew Hammonds; DEQ-Solid Waste
Ray Williams; DEQ-Solid Waste
STATUS OF PERMIT:
Expired; Permit to Construct (PTC) and Permit to Operate (PTO) a Landclearing and Inert Debris Landfill issued 1
September 2010. PTO expired 1 September 2015. *A complete permit review request for the next five-year phase of
construction and/or operations was due on or before 15 May 2015. A permit review request has been submitted and is
currently under review.
PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection
STATUS OF PAST NOTED VIOLATIONS:
1) 15A NCAC 13B .0563 (a) states “The facility is to be operated for the disposal of land clearing waste, inert
debris, untreated wood, and yard trash.” UNRESOLVED: Unpermitted waste materials including treated
wood, scrap tires, stone countertop with attached fiber backing and adhesive mastic, plastic, synthetic wood
products, carpet, and sheetrock were observed disposed in the landfill.
2) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the
facility.” UNRESOLVED: This Facility is not operating in compliance with the approved operational plan.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: FACILITY SPECIFIC
CONDITIONS (2)(c) states “The disposal unit boundary must be accurately identified with permanent
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20170202
Page 2 of 7
markers.” UNRESOLVED: Permanent markers have not been installed accurately identifying the disposal
unit boundary.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (2) states “This Facility must conform to the operations requirements of the NC Solid Waste
Management Rules, 15A NCAC 13B .0566, and to the operational plan required by 15A NCAC 13B
.0565(4).” UNRESOLVED: This Facility is not operating in compliance with the approved operational plan.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (4) states “This facility is permitted to receive land clearing waste; yard trash; untreated and
unpainted wood; uncontaminated soil; inert debris such as unpainted rock, brick, concrete, and concrete
block; and asphalt in accordance with NCGS 130-294(m). UNRESOLVED: Unpermitted waste materials
including treated wood, scrap tires, stone countertop with attached fiber backing and adhesive mastic, plastic,
synthetic wood products, carpet, and sheetrock were observed disposed in the landfill.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (7) states “The permanent markers that accurately delineate the waste disposal boundary
must be maintained.” UNRESOLVED: Permanent markers accurately delineating the disposal unit boundary
are not being maintained.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (8) states “Excavation, grading and fill material side slopes must not exceed a ratio of three
horizontal feet to on vertical feet (3:1).” UNRESOLVED: Portions of the outside slopes of the landfill have
been constructed and are being maintained at a ratio greater than three horizontal feet to on vertical feet (3:1).
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Cover Material Requirements (12) states “Solid waste must be covered with 1 foot of
suitable soil cover at least once per month or when the active working area reaches 1 acre in size, whichever
occurs first, or more often when necessary to prevent the site from becoming a nuisance or to mitigate
conditions associated with fire, windblown materials, vectors or excessive water infiltration.”
UNRESOLVED: Solid waste disposed in this landfill is not being covered with one foot of suitable soil
cover at least once per month or when the active working area reaches 1 acre in size.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Cover Material Requirements (14) states “Vegetative ground cover sufficient to control
erosion must be established within 30 (thirty) working days upon completion of any phase of LCID landfill
development or as addressed in the approved Sedimentation and Erosion Control permit.” UNRESOLVED:
Vegetative ground cover sufficient to control erosion has not been established on the outside slopes or in
completed development phases of the landfill.
-LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Drainage Control and Water Protection Requirements (16) states “All required
sedimentation and erosion control measures must be installed and maintained to mitigate excessive on-site
erosion and to prevent silt from leaving the site of the landfill unit during the service life of the facility.”
UNRESOLVED: The sedimentation and erosion control measures required to mitigate excessive on-site
erosion have not been installed and maintained.
3) 15A NCAC 13B .0566 (2) states “The facility shall only accept those solid wastes which it is permitted to
receive.” UNRESOLVED: Unpermitted waste materials including treated wood, scrap tires, stone countertop
with attached fiber backing and adhesive mastic, plastic, synthetic wood products, carpet, and sheetrock were
observed disposed in the landfill.
4) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area reaches
one acre in size, whichever occurs first.” UNRESOLVED: Solid waste disposed in this landfill is not being
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Solid Waste Section
74C_INSP_20170202
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covered with one foot of suitable soil cover at least once per month or when the active working area reaches 1
acre in size.
5) 15A NCAC 13B .0566 (5) states “120 calendar days after completion of any phase of disposal operations, or
upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover
sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to
correct any condition which is or may become injurious to the public health, or a nuisance to the community.”
UNRESOLVED: The completed phases of disposal operations have not been covered and sloped properly to
allow surface water runoff in a controlled manner.
6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized
to prevent silt from leaving the site and to prevent excessive on site erosion.” UNRESOLVED: Adequate
erosion control measures have not been utilized to prevent excessive on site erosion.”
7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be
accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill
development.” UNRESOLVED: Vegetative ground cover sufficient to control erosion has not been
established on the outside slopes or in completed development phases of the landfill.
Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above.
ADDITIONAL COMMENTS:
1) This Facility is a Land Clearing and Inert Debris (LCID) Landfill.
2) This Facility is recorded with the Pitt County Register of Deeds at Book #251; Page #462.
3) This Facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood,
uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt
in accordance with NCGS 130-294(m).
4) This Facility is permitted to receive wastes generated within Pitt County.
5) The operating hours for this Facility are Monday through Friday from 8:00 AM to 5:00 PM.
6) The Facility is secured by means of a locked gate at the Facility entrance.
7) Proper signage has been posted at the Facility entrance.
8) The Facility access road is of all-weather construction and is being maintained in overall good condition at
this time.
9) Soil has been stockpiled in an area on the landfill in an area adjacent to the working face for use in cover and
grading.
10) Gravel has been stockpiled in an area on the top lift of the landfill for use in roadbuilding and maintenance.
11) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213), the
permitted disposal area has not been marked to identify the permitted landfill footprint. *By 31 March 2017,
install permanent, highly-visible markers accurately delineating the permitted waste disposal boundary and all
required buffers.
12) The waste type at the landfill working face was reviewed during this Facility Compliance Inspection;
generally, the waste type being disposed was LCID, however, unpermitted waste materials including treated
wood, scrap tires, stone countertop scraps with attached fiber backing and adhesive mastic, plastic, synthetic
wood products, carpet, and sheetrock were observed disposed in the landfill. * By 31 March 2017, remove all
unpermitted waste disposed in the landfill and transport the materials to a Facility permitted by the State to
receive such wastes. Copies of all weigh tickets should be presented for review.
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
74C_INSP_20170202
Page 4 of 7
13) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
unpermitted waste consisting of scraps of pressure treated poles has been dumped on the top lift of the
landfill. *Please remove this unpermitted waste from the Facility for reuse or transport them to a Facility
permitted by the State to receive such wastes for proper disposal.
14) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
unpermitted waste consisting of Municipal Solid Waste (MSW) was observed disposed on the northern
sideslope just below the working face access road. * By 31 March 2017, collect all unpermitted wastes and
transport them to a Facility permitted by the State to receive such wastes for proper disposal.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20170202
Page 5 of 7
15) The active working area appears to have exceeded 1 acre in size. * By 31 March 2017, compact and cover the
active working area. Please work to ensure that the Facility maintains only one active working area and that
the active working face is restricted to the smallest feasible area, is compacted as densely as practical into
cells, and sloped to ensure drainage of all surface waters away from the waste disposal area.
16) *Please ensure that all waste is covered with one foot of suitable soil monthly, or when the active working
area reaches one acre in size, whichever comes first, or more often when necessary to prevent the site from
becoming a nuisance or to mitigate conditions associated with fire, windblown materials, vectors, or
excessive water infiltration.
17) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
waste has been pushed from the working face over the northern, western, and southern sideslopes of the top
lift of the landfill. * By 31 March 2017, compact, cover, and grade these areas at a slope not greater than 3:1.
After completion of cover and grading operations, please seed and mulch this area to establish a groundcover
suitable to prevent erosion of your landfill cap system.
18) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
portions of the landfill sideslopes appear to be a graded at a slope greater than 3:1. * By 31 March 2017, any
outside slopes exceeding the 3:1 standard need to be re-graded and maintained at a slope not exceeding 3:1.
19) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
erosion was observed in various areas on the outside slopes throughout the landfill. This erosion was observed
to begin at the top lift of the landfill and continuing down the outside slope to the toe. * By 31 March 2017,
repair these areas by filling and grading at a slope not greater than 3:1. After repairing the erosion, please seed
and mulch the areas to establish a groundcover suitable to prevent erosion of your landfill cap system.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20170202
Page 6 of 7
20) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
brush, small trees, and other woody vegetation were observed growing in several areas on the outside slopes
of the landfill. * By 31 March 2017, remove all small trees and other woody vegetation growing on the
landfill and maintain a cover crop suitable to prevent erosion of your landfill cap system.
21) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74C_INSP_20161213),
MSW type litter consisting of plastic drink bottles, food containers, wrappers, and bags was observed
throughout the landfill. * By 31 March 2017, collect all unpermitted wastes and transport them to a Facility
permitted by the State to receive such wastes for proper disposal. Please remind all truck drivers and Facility
operators that this Facility is permitted for the disposal of LCID waste only.
22) *Corrective actions are required as a result of this Facility Compliance Inspection.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20170202
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Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.
Ray Williams; Environmental Senior Specialist Phone: 252.948.3955 E-mail: ray.williams@ncdenr.gov Regional Representative
Delivered on: 16 February 2017 by Electronic delivery US Mail X Certified No. [7015 0640 0005 9080
7372]
cc: Andrew Hammonds; Eastern District Supervisor/SWS: andrew.hammonds@ncdenr.gov
Jessica Montie; Chief Compliance Officer/SWS: jessica.montie@ncdenr.gov
John Demary; Director/Pitt County Solid Waste & Recycling: jwdemary@pittcountync.gov
C: \2017\Pitt\Facilities\74C\Inspections\74C_INSP_20170202
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