HomeMy WebLinkAbout3424_NOV_20170321
State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
March 21, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7011 1570 0001 8545 5943
Mr. John Randall Baker, Jr., Registered Agent
Overdale Holdings, Inc. (Owner) and
Abbey Green, Inc. (Operator)
P. O. Box 12339
Winston-Salem, NC 27117
SUBJECT: Notice of Violation
Compliance Inspection Report
Abbey Green, Inc. and Overdale Holdings, Inc.
Transfer, Recycle, Resource Recovery and Processing Facility
Permit No. 3424-TRANSFER-2010
Forsyth County
Dear Mr. Baker:
On January 26, 2017 and February 7, 2017, Susan Heim, Deb Aja (February 7, 2017 only) and
Ming-Tai Chao (February 7, 2017 only), representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. Randall Baker, General Manager,
and Ray Livermore were present and represented Abbey Green, Inc. during this inspection. The
following violations were noted:
A. 15A NCAC 13B .0302(3) states: “Water that comes into contact with solid waste will be
contained on-site or properly treated prior to discharge from the site.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) for failing to contain leachate on-site
and direct it to the public sewer.
B. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, Attachment 3, PART VI:
Transfer Station/Treatment & Processing Unit permit condition 20.a. states, “The tipping floor
Abbey Green, Inc.
Notice of Violation
Page 2 of 6
March 21, 2017
State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
and loading area must be maintained in a clean, sanitary condition at all times and must be
cleaned at least daily.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) for failing to maintain the tipping floor
and loading area in a clean, sanitary condition at all times.
C. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, Attachment 3, PART VI:
Transfer Station/Treatment & Processing Unit permit condition 20.b. states in part, “Waste must
only be deposited on a “tipping floor” or directly into a transfer container.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) by depositing drywall waste on-site in
an open area rather than on a tipping floor or in a transfer container; by allowing unprocessed
waste to exceed the limits of the covered tipping floor and the covered picking line; by allowing
processed residual waste to exceed the limits of the covered picking line; and by depositing
unprocessed waste on an open area adjacent to what appeared to be the working face of the
LCID landfill.
D. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, Attachment 3, PART VI:
Transfer Station/Treatment & Processing Unit permit condition 20.c. states in part, “Waste may
be stored on-site, in leak proof transfer trailers, with watertight covers, a maximum of 5 working
days.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .1626(7)(a) by storing waste on-site in an
uncovered transfer trailer.
E. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, Attachment 3, PART VI:
Transfer Station/Treatment & Processing Unit permit condition 20.e.i. states, “Fugitive dust
emissions are prohibited.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) for generating fugitive dust
emissions from its main operations area, picking line and trommel.
F. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, Attachment 3, PART VI:
Abbey Green, Inc.
Notice of Violation
Page 3 of 6
March 21, 2017
State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
Transfer Station/Treatment & Processing Unit permit condition 20.e.ii. states, “Windblown
materials must be collected by the end of the day and no windblown material may be allowed to
leave the facility boundary.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) for allowing windblown materials to
leave the facility boundary.
G. 15A NCAC 13B .0201(c) states, in part: “No solid waste management facility shall be
established, operated, maintained, constructed, expanded, or modified without a currently
valid permit issued by the Division for the specified type of disposal activity.”
Abbey Green, Inc. is in violation of 15A NCAC 13B .0201(c) for establishing a disposal site for C&D
waste without a currently valid permit issued by the Division for this specific type of disposal
activity.
H. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 3424, ATTACHMENT 1, PART
I: GENERAL PERMIT, general permit condition 6 states, in part, “Operation of this solid waste
management facility shall be in accordance with the Solid Waste Management Rules, 15A NCAC
13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et
seq.), the conditions contained in this permit, and the approved plan.” Permit to Operate No.
3424, ATTACHMENT 1, PART VI, TRANSFER STATION/TREATMENT & PROCESSING UNIT(S), List
of Documents for Approved Plan, includes the Operations Manual, December 31, 2015 (DIN
25646). Section 2.8 of the approved Operations Manual (December 31, 2015), Processing Area
Legend, indicates that the South Site is the preferred location only for the aging trommel-overs.
Abbey Green, Inc. is in violation of 15A NCAC 13B .0203(d) for storing material other than
trommel-overs on the South Site.
Based upon the foregoing, Abbey Green, Inc., operator, and Overdale Holdings, Inc., property
owner, shall come into compliance with all requirements of the regulations in 15A NCAC 13B by
completing the following within the timeframes specified below in items 1 and 2:
1. Immediately:
a. Take steps to collect all leachate in the main operations area and direct it to the
public sewer;
b. Cease operations during any weather event where storm water will come into
contact with waste until such time as a permanent leachate collection system is
in place;
Abbey Green, Inc.
Notice of Violation
Page 4 of 6
March 21, 2017
State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
c. Enact procedures specifically for cleaning the recycled materials container stalls
as debris accumulates and during container removal and replacement;
d. Maintain the entire main operations area in a clean and sanitary condition at all
times;
e. Move the palletized drywall waste to the covered tipping floor or into watertight
containers and process it within 14 days, as stated in the approved Operations
Manual;
f. Move all processed and unprocessed waste in the main operations area to the
covered tipping floor or into covered, watertight trailers or containers;
g. Store waste in transfer trailers with watertight covers. Please note that waste
may only be stored onsite for a maximum of 5 working days, as specified in the
approved Operations Manual.
h. Implement operating procedures that will prevent dust emissions beyond the
facility boundary;
i. Collect and properly dispose of all windblown trash and develop and implement
operating procedures that will minimize windblown trash and prevent it from
leaving the facility;
j. Clean out the trench drain and ensure that it is cleaned as often as necessary to
ensure that it functions properly, but at least daily;
k. Ensure that waste is removed from the uncovered concrete pad to a transfer
trailer as it accumulates, and that transfer trailers holding waste are secured
with watertight covers and maintained to ensure they are leak-proof;
l. Move the stockpile of wooden pallets from the main operations area to the
wood waste storage and processing area;
m. Collect and properly dispose of all waste and windblown trash accumulated in
and around the South Site and establish a procedure to ensure that no waste or
windblown trash is allowed to accumulate in these areas in the future; and,
n. Repair the berm that protects the creek from the incursion of material from the
wood waste area, and ensure that regular preventive maintenance occurs in this
area to keep wood wastes confined to the designated storage and processing
area.
2. Within 30 days of receipt of this notice, submit a plan to Ming-Tai Chao, Permit Engineer,
Solid Waste Section that includes:
a. A request for permit modification to include the handling of the material
currently being stored on the South Site, the use of an additional and currently
unapproved leased property for permitted operations, and all of the changes in
operation described in 1.a. through n. above;
b. Either confirmation that future activities as required in the Permit to Operate
and approved Operations Manual will not occur outside of the existing footprint
of the covered tipping areas, the picking line and the permanent leachate
collection system, or, an engineered plan for capital improvements to expand
the footprint along with a construction timeline for completion once approved;
Abbey Green, Inc.
Notice of Violation
Page 5 of 6
March 21, 2017
State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
c. A request for the review of the changes made to the leachate collection system
that had replaced the metal grates covering the trench drain with plywood
planks;
d. measures and implementation schedule to provide cover over all operational
areas where waste is tipped, processed and stored;
e. A procedure to ensure that containers and trailers used to store waste are leak
resistant and secured with watertight covers;
f. A delineation of the waste boundary for both the closed and active LCID landfills,
and the timeframe for the installation of permanent edge of waste markers
around both;
g. A plan for the removal of the C&D waste, currently located on the South Site as
described in Observed Violation G, for further processing or proper disposal no
later than June 30, 2017;
h. A delineation of the area to be used for storage of the trommel overs to be
stockpiled on the South Site, including information as to the amount of material
to be stored (volume and tonnage), how these amounts will be calculated, and
the duration for which it will be stored in this location;
i. An inventory of all processed and unprocessed waste and all recovered materials
currently stored at the facility; and
j. An updated Operations Manual that includes the required changes to the permit
and the operational procedures.
Please note that, based on a review of the submittal, additional corrective actions may be
required by the Section.
The violations 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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Violation.
If you have any questions, please contact me at 336-776-9672 or e-mail me at
susan.heim@ncdenr.gov.
Abbey Green, Inc.
Notice of Violation
Page 6 of 6
March 21, 2017
State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800
Sincerely,
Susan Heim
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
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
Ming-Tai Chao, Permitting Engineer – Solid Waste Section