3424_CORR_20170501

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

May 1, 2017
Sent via email: [e-mail]

Mr. Randall Baker
Vice President and General Manager
Abbey Green, Inc.
P. O. Box 12339
Winston-Salem, NC 27117
SUBJECT: Abbey Green, Inc. and Overdale Holdings, Inc.
Transfer, Recycle, Resource Recovery and Processing Facility
Permit No. 3424-TRANSFER-2010
Forsyth County

Dear Mr. Baker:

The Solid Waste Section (Section) issued a Notice of Violation letter for this facility on March 21,
2017. Since that time, we have met onsite on April 4, 2017, you have provided four letters of
response (March 23, March 28, April 3 and April 21, 2017) and we recently met at the Winston-
Salem Regional Office on April 19, 2017 to discuss the issues that remain unresolved. In
consideration of all the information exchanged and discussed, there is still clarification and
additional information needed on your behalf to assist in resolving all outstanding matters. In
response to your most recent letters to the Section, both dated April 21, 2017 and addressed to
Jason Watkins and I respectively, we offer the following comments:

1. By sealing off the storm drain, located in the main operations area between the covered
tipping flood and picking line, Abbey Green, Inc. (Abbey Green) has cut off one of the main
routes for leachate to leave the site. Cleaning and properly maintaining the trench drain
on the west side of the covered tipping floor is necessary to ensure the proper functioning
of the leachate collection system and must be undertaken as a daily operational
procedure. Likewise, all unprocessed waste is required to be stored within the confines
of the covered tipping floor. Based on your response, it is understood that Abbey Green
will adhere to these requirements.

It must be noted that one of the main concerns of the Section with respect to water
coming into contact with waste relates to the material you identify as “processed
residual,” which comes off the end of the picking line. This material is waste. This is a
significant point in understanding and resolving this violation, one that we discussed and
generally agreed to during our meeting on April 19, 2017. Therefore, the water that
comes into contact with this waste is leachate and must be managed in accordance with
the rules, in this case directed to the sanitary sewer system. For this reason, Abbey Green
Abbey Green, Inc.
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May 1, 2017

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

was required to submit a plan to collect or eliminate the leachate produced in this area
by April 21, 2017. Your response was not sufficient to resolve this violation. Capital
improvements may be considered and addressed at a future date, however in the interim,
Abbey Green must provide a plan to the Section that will fully address this issue and bring
the facility into compliance with 15A NCAC 13B .0302(3) as discussed during the April 19th
meeting

The Operation Manual should include definitions of all waste types (such as processed
residual waste) and all products (such as engineered soil) to ensure that procedures for
managing waste are applied to all applicable materials.

2. The violation of 15A NCAC 13B .0203(d) – failure to maintain the tipping floor and loading
area in a clean and sanitary condition at all times – was resolved by Abbey Green’s
cleaning in and around the area where container stalls are located under the picking line
and by the re-training of operators to ensure that this area is maintained in a clean and
sanitary condition at all times. These procedures should be specified in the Operation
Manual. “Greater adherence to this policy,” as you indicate in your letter of April 21, 2017,
is not sufficient. As a procedure in your Operation Manual, this policy will be required and
enforceable.

3. The violation of 15A NCAC 13B .0203(d) – failure to deposit waste on a “tipping floor” or
directly into a transfer trailer – was resolved by Abbey Green’s processing and removal of
the drywall waste from the inert debris/LCID area, by confining waste to the limits of the
covered tipping floor and covered picking line, and by removing waste from the inert
debris/LCID area. For clarity, procedures and locations for receiving waste should be
consolidated into one area of the Operation Manual.

4. The violation of 15A NCAC 13B .0203(d) – failure to store waste in leakproof transfer
trailers, with watertight covers, a maximum of 5 working days – was resolved by Abbey
Green’s implementing operating procedures to secure transfer trailers with a watertight
tarp at the end of each working day and to ensure that only trailers that are intact and
free from leaks are used to store and transport waste.

You stated in conversation that transfer trailers are not necessarily the property of Abbey
Green, so maintaining them might not be Abbey Green’s responsibility. While this is true,
Abbey Green is responsible for containing and properly treating or disposing of all
leachate generated at the facility and must either ensure that all transfer trailers are leak-
resistant and maintained as such, or that any liquid (leachate) emanating from them is
directed to the leachate collection system. Please note that the amended language in 15A
NCAC 13B .0105(c), effective March 16, 2017, requires vehicles and containers to be
constructed, operated and maintained to be leak resistant. This language should be
reflected in an update to your Operation Manual.
Abbey Green, Inc.
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May 1, 2017

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

5. The violation of 15A NCAC 13B .0203(d) – allowing fugitive dust emissions – was resolved
by Abbey Green’s implementing procedures to shut down operations when wind causes
fugitive dust, by adding water to moisten waste prior to loading it onto the picking line,
and by directing water used for this purpose to the leachate collection system for proper
disposal.

The Operation Manual should specify the collection and disposition of leachate produced
when waste is moistened prior to or during processing.

6. The violation of 15A NCAC 13B .0203(d) – allowing windblown materials to leave the
facility boundary – has so far been addressed by Abbey Green in several ways. First,
windblown trash was collected throughout the operations areas of the facility. Second,
vegetative material was removed from the fence lines, where windblown trash was
allowed to accumulate. Third, the sediment pond, located to the northwest of the main
operations area, was cleared of undesirable vegetation and trash. In addition, you have
stated your intention to increase the height of the windscreen located to the east of the
processing area, and to monitor weather conditions to limit the potential for windblown
trash.

Windblown trash and debris are still present on the South Site, especially in the trees to
the east and along the base of the stockpiled materials on the north, east and south sides
of the site. Until all waste has been completely removed from the South Site this violation
cannot be resolved. You have agreed to remove all material from the South Site by the
June 30, 2017 deadline. Permit changes may be required as well.

7. You address the violation of 15A NCAC 13B .0201(c) – establishing a disposal facility
without a permit – and of 15A NCAC 13B .0203(d) – storing material other than trommel-
overs on the South Site – collectively, since they both relate to the South Site specifically.
The use and operation of the South Site will be contingent on an updated permit and
Operation Manual. Abbey Green must provide a plan for the disposition of the trommel-
overs that will be produced prior to these matters being resolved. Trommel overs are
clearly defined in your Operation Manual and the material stored onsite must comply
with that definition. During our meeting of April 19, 2017, we agreed that additional
screening or processing of the material is required to meet your specifications. You
describe contamination as “de minimus.” This is not a term that is defined in the Solid
Waste Management Rules, and although the Section understands the meaning, it is not
relevant to compliance in this matter. Any amount of C&D waste comingled in the
material on the South Site is not in compliance with your permit. Further, as discussed,
even small percentages of contamination per load become problematic due to the
volume of material that is being managed on the South Site.

Abbey Green, Inc.
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May 1, 2017

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

8. Regarding the newest violation – 15A NCAC 13B .0203(d) – conducting grinding
operations on the Leased Area – clean mulch, made exclusively of land clearing debris and
clean lumber, may be stored on the Leased Area until further clarification on operations
and permitting requirements is provided. - As discussed on April 19, 2017, Abbey Green
needs to submit a revised map identifying any engineered wood material storage areas
on the permitted North Site, along with a narrative detailing the enhanced procedures to
be implemented for the storage and processing of this material so as not to create a
stormwater or other compliance issue. In addition, information must be submitted
detailing the complete cleanup and removal of any engineered wood waste and any other
existing waste material(s) on the leased property. The April 21st letter addressing this
property did not include this information.

Please note that I will be out of the office for the next two weeks, returning on May 22nd. If you
have any questions prior to my return, please contact Deb Aja at 828-296-4702 or
[e-mail] .

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