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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 FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 74C_INSP_20170202 Page 3 of 7 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 Page 7 of 7 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 NCDEQ DWM Laserfiche Online Document Management System: http://edocs.deq.nc.gov/WasteManagement/Welcome.aspx   Go Green! Thank you for helping NCDEQ be environmentally responsible.