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HomeMy WebLinkAbout1107_BuncombeCo_LOS_C&DPH5EXPPTO_DIN27395_20170727 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 1 of 24 North Carolina Department of Environmental Quality Division of Waste Management Roy Cooper Michael S. Regan Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone/Fax 919-707-8200 Internet: http://www.ncdenr.gov 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. 11-07 BUNCOMBE COUNTY is hereby issued a PERMIT APPROVAL TO CONSTRUCT 1107-MSWLF-1996 MSW LANDFILL PHASE IV (CELL 7) PERMIT APPROVAL TO OPERATE 1107-MSWLF-1996 MSW LANDFILL UNIT CELLS 1-6 1107-CDLF-1998 C&D LANDFILL UNIT PHASE 4 VERTICAL EXPANSION, PHASE 5 & PHASE 5 EXPANSION HHW COLLECTION FACILITY & LFGTE SYSTEM PERMIT FOR CLOSURE NOT APPLICABLE Located off 85 Panther Road, North Carolina State Road 1745, Buncombe County, 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 deeds recorded for this property listed in Attachment No. 1 of this permit. Edward F. Mussler, III, P.E., Permitting Branch Supervisor Solid Waste Section Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 2 of 24 ATTACHMENT 1 Permit to Operate Data Table Permit Status Issuance Expiration 1107-MSWLF-1996 Active February 17, 2016 Life of Site 1107-CDLF-1998 Active July 27, 2017 Life of Site PART I: GENERAL PERMIT CONDITIONS 1. This Permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina General Statute 130A-294(a2), Permits for sanitary landfills and transfer stations shall be issued for the life-of-site of the facility unless revoked as otherwise provided or upon the expiration of any local government franchise. 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 Approval to Construct and a Permit Approval to Operate. The Permit Approval to Construct must be implemented in accordance with Attachment 2 of this Permit. The Permit Approval 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 Permit for this facility, dated February 27, 2013, was recorded by the Buncombe County Register of Deeds on March 7, 2013 in Book 5078 on Pages 213 through 236 (Document ID No. 18664). 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the 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 sanitary landfill and a reference by book and page to the recordation of the permit. 5. By initiating construction or receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Construction and operation of this solid waste management facility must 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. 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 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 3 of 24 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. 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 NCGS 130A-295.2(g) the permittee must 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 NPDES 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. Properties Approved for the Solid Waste Facility Buncombe County, N.C. Register of Deeds Book Page Acreage Parcel ID Number Landowner 1851 0097 604.5± 972308568500000 Buncombe County 604.5± Total Facility Acreage Notes: 1. Deed book references are from the Buncombe County Register of Deeds office GIS website accessed May, 2010. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Permitting History 1. On November 7, 1995 a Permit to Construct was issued for MSW landfill unit Cells 1, 2 & 3. 2. On November 15, 1996 a Permit to Operate was issued for MSW landfill unit Cell 2. 3. On January 9, 1998 amendment was made to the Permit for operation of MSW landfill unit Cell 1. 4. On December 14, 1998 an amendment was made to the Permit for construction of an alternate liner in MSW landfill unit Cell 3. 5. On January 27, 2000 an amendment was made to the Permit for operation of MSW landfill unit Cell 3. 6. On May 27, 2000 an amendment was made to the Permit for construction of MSW landfill unit Cells 4 & 5. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 4 of 24 7. On November 14, 2002 an amendment was made to the Permit for operation of MSW landfill unit Cells 4 & 5 and C&D landfill unit Phase 1 expansion. 8. On March 27, 2003 a modification was made to the Permit for operation of EPA Project XL leachate recirculation in MSW landfill unit Cells 1-3. 9. On March 10, 2005 an amendment was made to the Permit for construction of MSW landfill unit Cell 6, Phase III. 10. On October 12, 2005 an amendment was made to the Permit for operation of MSW landfill unit Cell 6, Phase I. 11. On March 14, 2006 an amendment was made to the Permit for operation of MSW landfill unit Cells 1-6 and Bioreactor Phase I. 12. On September 12, 2006 a modification was made to the Permit for operation of a gas collection system in MSW landfill unit Cell 6. 13. On July 15, 2008 a modification was made to the Permit for an update to the Operation Plan following a leachate breakout. 14. On May 1, 2009 a modification was made to the Permit for the use of tarps, Posi-shell and a soil/mulch mixture as Alternative Cover Materials. 15. On January 24, 2011 a modification was made to the Permit extending the use of Posi- shell as an Alternative Cover Material for periods up to 30 days. 16. One June 15, 2011 an amendment was made to the Permit for five-year renewal of operations. 17. On March 12, 2012 a modification was made to the Permit for the operation of Landfill Gas Collection and Control and Landfill Gas to Energy systems. 18. On February 17, 2016 an amendment was made to the Permit for construction of MSW landfill unit Phase IV (Cell 7) and the five-year renewal of operations. 19. On July 27, 2017 a modification was made to the Permit for sliver/wedge fill operations to achieve 3:1 side-slopes on Phases I-III (Cells 1-6). Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 5 of 24 List of Documents for the Approved Plan The descriptions of previous/historical documents may be found in the Permits to Operate issued June 15, 2011, DIN 14136, and October 12, 2005, DIN 500. DOCUMENT ID NO. DOCUMENT DESCRIPTION 16089 LFGTE Project – Completion Documentation. Prepared by: CDM Smith. Prepared for: Buncombe County. February 7, 2012. 16090 Landfill Gas Collection and Control and Landfill Gas to Energy Systems Operation Plan. Prepared by: CDM Smith. Prepared for: Buncombe County. February 2012. 21013 Closure / Post-closure Section. Prepared by: CDM Smith. Prepared for: Buncombe County. May 6, 2014. 21014 Permit to Construct Application. Prepared by: CDM Smith. Prepared for: Buncombe County. May 7, 2014. 24504 Permit to Construct Application Response to Comments. Prepared by: CDM Smith. Prepared for: Buncombe County. June 8, 2015. 27850 2017 Facility Plan Modification. Prepared by: HHNT, Inc. Prepared for: Buncombe County. May 30, 2017. 28142 2017 Side Slope Operational Grading Plan. Prepared by: HHNT, Inc. Prepared for: Buncombe County. July 7, 2017. 28278 Operation Plan. Prepared by: CDM Smith. Prepared for: Buncombe No. Permit Type Date Issued DIN 1. Permit to Construct November 7, 1995 2. Permit to Operate November 15, 1996 3. Permit Amendment January 9, 1998 4. Permit Amendment December 14, 1998 5. Permit Amendment January 27, 2000 6. Permit Amendment May 27, 2000 7. Permit Amendment November 14, 2002 8. Permit Modification March 27, 2003 9. Permit Amendment March 10, 2005 10. Permit Amendment October 12, 2005 11. Permit Amendment March 14, 2006 12. Permit Modification September 12, 2006 13. Permit Modification July 15, 2008 4959 14. Permit Modification May 1, 2009 7280 15. Permit Modification January 24, 2011 12742 16. Permit Amendment June 15, 2011 14136 17. Permit Modification March 12, 2012 16260 18. Permit Amendment February 17, 2016 25340 19. Permit Modification July 27, 2017 27395 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 6 of 24 County. May 7, 2014. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Permitting History 1. On November 25, 1997 an amendment was made to the Permit for construction of a C&D landfill unit. 2. On January 21, 1998 an amendment was made to the Permit for operation of C&D landfill unit Phase 1. 3. On March 5, 1999 an amendment was made to the Permit for construction of C&D landfill unit Phase 2. 4. On May 2, 2002 an amendment was made to the Permit for construction of C&D landfill unit Phase 1 expansion. 5. On November 14, 2002 an amendment was made to the Permit for operation of MSW landfill unit Cells 4 & 5 and C&D landfill unit Phase 1 expansion. 6. On November 2, 2005 an amendment was made to the Permit for construction of C&D landfill unit Phase 4. 7. On June 12, 2006 an amendment was made to the Permit for operation of C&D landfill unit Phase 4. 8. On March 4, 2008 a modification was made to the Permit for disposal of asbestos containing material at the C&D landfill unit. 9. On March 2, 2009 an amendment was made to the Permit for continued operations of the C&D landfill unit per 15A NCAC 13B.0547(2). 10. On June 7, 2010 an amendment was made to the Permit for the construction of C&D landfill unit Phase 5 and the operation of C&D landfill unit Phase 4 vertical expansion. 11. One June 15, 2011 an amendment was made to the Permit for five-year renewal of operations. 12. On February 27, 2013 a modification was made to the Permit for the operation of C&D landfill unit Phase 5. 13. On November 2, 2015 an amendment was made to the Permit for the construction of C&D landfill unit Phase 5 Expansion (0.48 acre). 14. On February 17, 2016 an amendment was made to the Permit for the five-year renewal of operations. 15. On July 27, 2017 a modification was made to the Permit for the operation of C&D landfill unit Phase 5 Expansion (5A and 5B). Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 7 of 24 List of Documents for the Approved Plan The descriptions of previous/historical documents may be found in the Permits to Operate issued June 15, 2011, DIN 14136, and October 12, 2005, DIN 500. DOCUMENT ID NO. DOCUMENT DESCRIPTION 17818 Phase 5 C&D Landfill Expansion Project – Construction Certification. Prepared by: CDM. Prepared for: Buncombe County. November 29, 2012. 24318 Evaluation of Potential Deficiencies to Meet Regulatory Requirements 0.5-Acre Lateral Expansion of the Permitted Phase 5 C&D Area. Prepared by: Bunnell-Lammons Engineering. Prepared for: McGill Associates. May 4, 2015. 24319 Stormwater Report and Calculations. Prepared by: McGill Associates. Prepared for: Buncombe County. June 9, 2015. 24947 Phase 5 Expansion Area Permit to Construct Application, Volume 1. Prepared by: McGill Associates. Prepared for: Buncombe County. August 15, 2015. 24948 Phase 5 Expansion Area Permit to Construct Application, Volume 2. Prepared by: McGill Associates. Prepared for: Buncombe County. August 15, 2015. 24949 Phase 5 Expansion Area Permit to Construct Drawings. Prepared by: McGill Associates. Prepared for: Buncombe County. August 15, 2015. 27689 Permit Modification Phase 5B. Prepared by: McGill Associates. Prepared for: Buncombe County. May 2, 2017. 27727 Construction Quality Assurance Plan Phase 5B. Prepared by: McGill No. Permit Type Date Issued DIN 1. Permit to Construct November 25, 1997 2. Permit to Operate January 21, 1998 3. Permit Amendment March 5, 1999 4. Permit Amendment May 2, 2002 5. Permit Amendment November 14, 2002 6. Permit Amendment November 2, 2005 7. Permit Amendment June 12, 2006 8. Permit Modification March 4, 2008 4056 9. Permit Amendment March 2, 2009 6743 10. Permit Amendment June 7, 2010 10511 11. Permit Amendment June 15, 2011 14136 12. Permit Modification February 27, 2013 18127 13. Permit Amendment November 2, 2015 24970 14. Permit Amendment February 17, 2016 25340 15. Permit Modification July 27, 2017 27395 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 8 of 24 Associates. Prepared for: Buncombe County. May 11, 2017. 28279 Operation Plan. Prepared by: CDM Smith. Modified by: McGill Engineers. Prepared for: Buncombe County. August 2015. 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 Permitting History 1. On October 20, 1998 an amendment was made to the Permit for construction of a Compost Unit. 2. On March 9, 2001 an amendment was made to the Permit for operation of a permanent HHW collection unit. 3. On June 15, 2011 an amendment was made to the Permit for five-year renewal of operations. 4. On February 17, 2016 an amendment was made to the Permit for five-year renewal of operations. List of Documents for the Approved Plan DOCUMENT ID NO. DOCUMENT DESCRIPTION Permit Application (operation plan, contingency plan and closure plan) for Buncombe County Household Hazardous Waste Permanent Collection Facility. Prepared by Buncombe County for Buncombe County. October 9, 2000 and amended through February 2001. - End of Section - No. Permit Type Date Issued DIN 1. Permit Amendment October 20, 1998 2. Permit Amendment March 9, 2001 3. Permit Amendment June 15, 2011 14136 4. Permit Amendment February 17, 2016 25340 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 9 of 24 ATTACHMENT 2 CONDITIONS OF PERMIT APPROVAL 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 and only for those phases of development approved for construction as described in Attachment I, Parts II – VII, List of Documents for the Approved Plan. 2. The permittee must conduct a preconstruction meeting at the facility prior to initiating construction of any unit/cell and must notify the Section at least 10-days prior to the meeting. 3. Modifications or revisions of the approved documents or changes during construction of any landfill unit/cell require approval by the Section, and may constitute a permit modification. Geologic, Ground Water and Monitoring Requirements 5. Prior to issuing the Permit to Operate, samples from new ground water monitoring wells and surface water stations shall be sampled for the constituent list in the approved Water Quality Monitoring Plan. 6. Prior to construction of the phase or cell(s) within the phase, all piezometers, borings, and groundwater monitoring wells within the footprint must be properly abandoned in accordance with 15A NCAC 2C .0113 (b)(1), entitled “Abandonment of Wells. 7. In areas where soil is to be undercut, abandoned piezometers, monitoring wells and borings must not be grouted to pre-grade land surface, but to the proposed base grade surface to prevent having to cut excess grout and possibly damage the wells. 8. A Licensed Geologist must report any pertinent geological feature(s) exposed during phase or cell excavation. Prior to placing any landfill liner, the geologist must submit to the Section hydrogeologist a written report that includes an accurate description of the exposed geological feature(s) and effect of the geological feature(s) on the design, construction, and operation of the cell, phase, or unit. 9. A Licensed Geologist must supervise installation of groundwater monitoring wells and surface water sampling stations. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the SWS Hydrogeologist at the time of well installation. Each groundwater and landfill gas monitoring well must be surveyed for location and elevation. Each groundwater and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 10 of 24 10. Any modification to the approved water quality monitoring, sampling, and analysis plan must be submitted to the Section Hydrogeologist for review. 11. Within 30 days of completed construction of each new groundwater monitoring well, a well construction record (GW-1 form), typical well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. 12. The permittee must provide a plan sheet-sized, scaled topographical map, showing the location and identification of new, existing, and abandoned wells and piezometers after installation of groundwater monitoring wells. 13. Within thirty (30) days of the completed permanent abandonment of a ground-water monitoring well, the well abandonment record (GW-30 form) and any additional information included in the abandonment record) must be submitted to the Section. The well abandonment records must be submitted to the Solid Waste Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. Erosion and Sedimentation Control Requirements 14. 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. 15. All earth disturbing activities must be conducted in accordance with the Sedimentation Pollution Control Act of 1973 (15 NCAC 4) and consistent with any other local, state or federal requirements. 16. 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 404 of the Clean Water Act, as amended. 17. Modifications to the approved sedimentation and erosion control activities require approval by the North Carolina Land Quality Section. The Section must be notified of any sedimentation and erosion control plan modifications. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) 18. The issuance date for this Permit to Construct is February 17, 2016. The initial, substantial, construction authorized by this Permit to Construct must commence within 18 months from the issuance date of this permit. If substantial construction does not begin within 18 months from the issuance date of this permit, then the permit to construct shall expire. Substantial construction includes, but is not limited to, issuance of construction contracts, mobilization of equipment on site, and construction activities including installation of sedimentation and erosion control structures. The permittee may reapply for the permit to construct prior to the expiration date. The re-application will be subject to the statutes and rules in effect on that date and may be subject to additional fees. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 11 of 24 19. Pursuant to the NC Solid Waste Management Rules (Rule) 15A NCAC 13B .0201(c) and (d)(1), this Permit approval is for the construction of the Phase 4 (Cell 7) of the MSW landfill unit, consisting of approximately 13 acres with a projected gross capacity of 1,349,000 cubic yards, as described in Attachment I, Part II, List of Documents for the Approved Plan. 20. Pursuant to Rule 15A NCAC 13B .1626(5)(b), burning of land-clearing debris generated on-site as a result of construction activities requires approval by the Section prior to initiating the burn. In addition, the Division of Air Quality and local fire department must approve the activity prior to burning. 21. The following conditions must be met prior to operation of the Phase IV (Cell 7) disposal area: a. The Permittee must obtain a Permit to Operate for the Phase IV (Cell 7) disposal area from the Section in accordance with 15A NCAC 13B .0201(d). b. Construction Quality Assurance (CQA) documentation as well as a certification by the project engineer that the landfill was built in accordance with approved plans and the conditions of the permit must be submitted to the Section for review and approval. c. The Permittee must contact the appropriate regional environmental specialist and permitting engineer to determine whether the Section chooses to hold a pre- operative meeting with key landfill personnel and representatives of the Section. d. The edge of the waste footprint must be identified with permanent physical markers. e. The Financial Assurance instrument for approved Closure and Post-closure Care costs must be submitted to the Section. PART III: CONSTRUCTION AND DEMOLITION DEBRIS 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 Not Applicable Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 12 of 24 - End of Section - ATTACHMENT 3 CONDITIONS OF PERMIT APPROVAL TO OPERATE PART I: GENERAL FACILITY 1. 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. 2. The edge of the waste footprint for all disposal units must be identified with permanent physical markers. 3. Financial assurance as required by state rules and statutes must be continuously maintained for the duration of the facility in accordance with applicable rules and statutes. Closure and Post-Closure cost estimates and financial instruments must be updated annually. 4. Closure or partial closure of any unit must be in accordance with the Closure Plans described in the approved plans and applicable rules and statutes. Revised Closure Plans must be submitted to the Division at least 90 days prior to implementation. Operational Requirements 5. This facility is permitted to receive non-hazardous solid waste generated within Buncombe County, consistent with the local government waste management plan and with local government approval and as defined in G.S. 130-290 (a)(18a) and (35), except where prohibited by the N. C. General Statues Article 9 of Chapter 130A, and the rules adopted by the Commission for Health Services. 6. The facility operator must complete an approved operator training course in compliance with G.S. 130A-309.25. a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility at all times while open for public use to ensure compliance with operational requirements. b. All pertinent landfill-operating personnel must receive training and supervision necessary to properly operate the landfill units in accordance with G.S. 130A- 309.25 and addressed by memorandum dated November 29, 2000. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 13 of 24 7. Alternative daily cover materials and methods must be used in accordance with the approved plans and Solid Waste Section guidelines. Any alternative daily cover materials or methods not previously approved by the Section require review and approval before use. In these cases, a request for use must include a plan detailing the comprehensive use and a demonstration of the effectiveness of the alternative daily cover. The plan must be developed according to Section guidelines. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. 8. The facility must maintain records for all solid waste materials accepted as alternative cover material and used as alternate daily cover. The records must include: the date of receipt, weight of material, general description of the material, identity of the generator and transporter, and county of origin. Such records must be made available to the Solid Waste Section upon request. Monitoring and Reporting Requirements 9. Groundwater, surface water, and landfill gas monitoring locations must be established and monitored as identified in the approved plans. Any proposed modification to an approved plan must be submitted to the Section and approved prior to implementation. 10. Ground water monitoring wells and surface water sampling locations must be sampled for Appendix I constituents at least semi-annually according to the specifications outlined in the approved water quality monitoring plan and the current policies and guidelines of the Section in effect at the time of sampling. 11. A licensed geologist must be present to supervise the installation of groundwater monitoring wells. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the SWS Hydrogeologist at the time of well installation. Each groundwater and landfill gas monitoring well must be surveyed for location and elevation. Each groundwater and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). The permittee must maintain the integrity of all groundwater and landfill gas monitoring wells, including making repairs to well heads, covers, and surface pads and make sure all wells are locked. 12. Reports of the analytical data for each monitoring event must be submitted to the Section within 120 days of the respective sampling event. Analytical data must be submitted in a manner prescribed by the Section. Records of all groundwater, surface water, and leachate analytical data must be kept as part of the permanent facility record. The monitoring report and the laboratory report must be submitted in electronic format (pdf) and the analytical data must be submitted in a spreadsheet format in an Electronic Data Deliverable (EDD) Template. All monitoring reports at a minimum must contain: a. A USGS topographic map. b. A potentiometric surface map for the current sampling event. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 14 of 24 c. Analytical NC certified laboratory reports with QA/QC information and summary tables. d. A completed Solid Waste Environmental Monitoring Data Form. e. Laboratory data and field data submitted in accordance with the EDD Template. 13. Groundwater quality is subject to 15A NCAC 2L – Groundwater Classifications Standards and the Groundwater Protection Standards (GPS). Surface water is subject to 15A NCAC 2B – Surface Water and Wetlands Standards. 14. Untreated leachate must be sampled and analyzed at least semi-annually concurrently with the groundwater water and surface water sampling, one sample per event. The leachate must be analyzed for all Appendix I constituents, pH, specific conductance, BOD, COD, nitrates, sulfates, and phosphates. Test results must be submitted to the Section along with groundwater and surface water test results. In the event leachate is recirculated, additional leachate sampling may be required. 15. A readily accessible unobstructed path must be cleared and maintained so that four-wheel vehicles may access monitoring well locations at all times. 16. A field log book which details all development, sampling, repair, and all other pertinent activities associated with each monitoring well and all sampling activities associated with each surface water and leachate sampling location must be kept as part of the permanent facility record. 17. All well construction records and soil boring logs for new wells must be submitted to the Solid Waste Section Hydrogeologist for review within 30 days of completion. 18. If constituents in groundwater migrate beyond the landfill property boundary, or it is suspected to have occurred based on sampling results near the property boundary, the permittee must immediately notify all persons in writing who own land or reside on land that directly overlies any part of the contaminant plume with details of the migration. 19. The permittee is responsible to employ or contract with properly trained personnel to conduct landfill gas monitoring utilizing the appropriate landfill gas monitoring equipment. 20. The permittee is responsible to employ or contract with properly trained personnel to operate, inspect, and maintain the constructed landfill gas collection and control system (LFGCCs) according to the permit conditions and written protocols for monitoring, inspection & maintenance stated in the approved plans and amendments. 21. A landfill gas monitoring event must include monitoring for all explosive gases and must be conducted at the facility including interior monitoring of on-site buildings in accordance with the approved landfill gas monitoring plan and current Rules, policies and guidelines of the Section in effect at the time of sampling. Any proposed modification to Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 15 of 24 an approved plan must be submitted to the Section Hydrogeologist for a review and approved prior to implementation. 22. Landfill gas monitoring reports must be placed to the facility’s operating record within 7 days of the monitoring event, and must include a description of the monitoring method used, the sampling results of each well and onsite buildings in percent of the lower explosive limit (LEL), date of monitoring, weather conditions, calibration report, and signature of the sampling personnel. 23. 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. 24. The owner or operator must maintain a record of the amount of solid waste received at the landfill unit, compiled on a monthly basis. Scales must be used to weigh the amount of waste received. 25. 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 waste received and landfilled in tons and be compiled: i) On a monthly basis. ii) By county, city or transfer station of origin. iii) By specific waste type. iv) By disposal location within the facility. v) By diversion to alternative management facilities. c. A measurement of volume utilized in the landfill cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. d. The amount of waste, in tons from scale records, disposed in landfill cells from October 8, 1993 through the date of the annual volume survey must be included in the report. e. The completed report must be forwarded to the Regional Waste Management Specialist for the facility by the date due on the prescribed annual facility report form. f. 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 Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 16 of 24 Regional Waste Management Specialist by the date due on the prescribed annual facility report form. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) 26. This Permit approval is for the continued operation of Cells 1-6 of the municipal solid waste landfill, as well as the onsite environmental management and protection facilities as described in the approved plans. 27. This permit approves an increase in post-settlement surface slopes from 4 to 1 (horizontal to vertical) to 3 to 1. 28. This Permit approval is for the operation of Phase I (Cell 6) and wedge fill operations on Phases I & II (Cells 1-5) of the MSW landfill unit. The facility has an approved average annual disposal rate of approximately 250,000 cubic yards (approximately 320 tons per day based on 312 operating days per year) as set forth in Attachment 1, Part II: “List of Documents for the Approved Plan”. The maximum variance should be in accordance with GS 130A-294(b1)(1) and consistent with local government approval. 29. The following table lists the dimensions and details for the MSW landfill units. Gross capacity is defined as the volume of the landfill calculated from the elevation of the initial waste placement through the top of the final cover, including any periodic cover. MSW Unit Acres Gross capacity (cubic yards) Status Phase I (Cells 1-3) 20.0 2,196,000 Operational Phase II (Cells 4,5) 11.0 1,233,500 Operational Phase III (Cell 6) 23.0 2,176,000 Operational Phase IV (Cell 7) 13.0 1,273,000 Future Phase V (Cells 9, 10) 19.5 1,483,500 Future Phase VI (Cell 8) 8.5 792,500 Future Phase VII N/A* 3,322,000 Future Total 95.0 12,477,000 * Phase 7 will be a vertical expansion. 30. The following, at a minimum, must not be accepted for disposal at the facility: hazardous waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and wastes banned from disposal in North Carolina by G.S. 130A-309.10(f). 31. The permittee must not knowingly dispose of any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 17 of 24 b. Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste. 32. The use of leachate recirculation as a leachate management tool requires approval by the Section prior to implementation. Requests for leachate recirculation approval must include a comprehensive management plan developed according to Section guidelines and which is consistent with the approved operation plan. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. 33. Prior to disposal in a new cell previously separated from the active disposal cell by rainwater and leachate separation devices involving rainwater flaps welded to the liner and/or disconnected leachate lines, a construction certification shall be placed in the facility operating record. The certification must describe the proper removal of temporary rainwater devices and reconnection of leachate collection lines in accordance with Attachment 1, Part II. The document must also contain a statement of certification by the facility’s trained landfill operator, N. C. registered professional engineer, or other person approved by the Section, that the construction was properly completed according to the approved plans. 34. The proper removal of geotextile covering the gravel column, occurring with the progression of fill, shall be documented by the facility’s trained landfill operator, or other person approved by the Section, in accordance with Attachment 1, Part II, of this permit, and the documentation shall be placed in the facility’s operating record. 35. The facility is permitted to co-dispose of wastewater treatment sludge generated within the facility's approved service area, and subject to the terms and procedures of the approved plan. 36. The leachate collection system must be maintained in accordance with 15A NCAC 13B.1626(12)(a). The plan shall include provisions for periodic cleaning and visual inspection. Documentation of the inspections, and cleaning and monitoring must be included in the operating records of the facility and provided to the Department upon request. 37. Closure or partial closure of any MSWLF unit must be in accordance with the Closure Plans described in the approved plans and 15A NCAC 13B.1629. Final Closure Plans must be submitted to the Division at least 90 days prior to implementation. Monitoring and Reporting Requirements for MSWLF 38. A licensed geologist must be present to supervise the installation of groundwater monitoring wells. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the SWS Hydrogeologist at the time of well installation. Each groundwater and landfill gas monitoring well must be surveyed for location and elevation in accordance with Rules 15A NCAC 13B .1632(d)(1). Each groundwater and landfill gas monitoring well must have an identification plate Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 18 of 24 permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). The permittee must maintain the integrity of all groundwater and landfill gas monitoring wells, including making repairs to well heads, covers, and surface pads and make sure all wells are locked. 39. Groundwater quality is subject to 15A NCAC 2L – Groundwater Classifications Standards and the Groundwater Protection Standards (GPS) established under Rule 15A NCAC 13B .1634(i). Surface water is subject to 15A NCAC 2B – Surface Water and Wetlands Standards. 40. After completion of the post-closure monitoring period, in accordance with 15A NCAC 13B .1627, and completion of the corrective action program, the Section will determine if further monitoring and post-closure maintenance will be required. 41. If landfill gas monitoring reveals detections of methane greater than 25 percent of the LEL in onsite buildings, or detections of LEL at the compliance boundary, the permittee must comply with the requirements of Rule 15A NCAC 13B .1626(4). PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) 42. This Permit approval is for the operation of Phase 4, including the vertical expansion, Phase 5 and the Phase 5 Expansion Area (5A and 5B), as well as the onsite environmental management and protection facilities as described in the approved plans. 43. The following table lists the details for the landfill units. Gross capacity is defined as the volume of the landfill calculated from the elevation of the initial waste placement through the top of the final cover, including any periodic cover. C&D Unit Acres Gross capacity (cubic yards) Status Phase 1 7.6 299,800 Closed Phase 2 2.0 60,000 Closed Phase 1, Expansion 2.2 65,000 Closed Phase 3 N/A N/A Not Constructed Phase 4 9.4 340,000 Operational Phase 4, Vertical N/A 144,300 Operational Phase 5 10.7 285,500 Operational Phase 5, Expansion 0.48 150,000 Operational Phase 6 5.9 607,700 Future Phase 7 7.7 612,600 Future Phase 8 5.4 159,700 Future Total 51.38 2,724,600 44. The following, at a minimum, must not be accepted for disposal at the facility: hazardous waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged, Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 19 of 24 PCB waste as defined in 40 CFR 761, and wastes banned from disposal in North Carolina by G.S. 130A-309.10(f). 45. The permittee must not knowingly dispose of any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste. b. Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste. 46. Closure or partial closure of any landfill unit must be in accordance with the Closure Plans described in the approved plans and 15A NCAC 13B.0543. Final Closure Plans must be submitted to the Division at least 90 days prior to implementation. Monitoring and Reporting Requirements for CDLF 47. The permittee must sample groundwater monitoring wells and surface water locations semi-annually unless otherwise specified by the Section. Water samples must be analyzed for constituents listed in Appendix I of 40 CFR Part 258, mercury, chloride, manganese, sulfate, iron, specific conductance, pH, temperature, alkalinity, and total dissolved solids. Sampling frequency and sampling constituents are subject to change according to requirements of the applicable corrective action program. 48. If landfill gas monitoring reveals detections of methane greater than 25 percent of the LEL in onsite buildings, or detections of LEL at the compliance boundary, the permittee must comply with the requirements of Rule 15A NCAC 13B .0544(d). 49. The permittee must maintain records of all landfill gas monitoring events in the operating record, in accordance with 15A NCAC 13B .0542 (n). PART IV: INDUSTRIL 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 General Conditions 50. Wastes received and product stored shall be maintained in reasonably sized piles with adequate fire breaks and lanes in accordance with the approved operational plans and the pertinent rules. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 20 of 24 51. Surface water shall be diverted from all operational and storage areas to prevent standing water in operational areas and under or around storage piles. Water that comes in contact with solid waste shall be contained on-site or properly treated prior to discharge. 52. These areas shall be operated and maintained with sufficient dust control measures to minimize airborne emissions and to prevent dust from becoming a nuisance or safety hazard. 53. These areas shall be operated and maintained in a manner so as to minimize odors, prevent the creation of a nuisance, potential health hazard, or a potential fire hazard. 54. Effective vector control measures shall be applied as necessary to control flies, rodents, insects, or vermin. Operational Conditions – White Goods 55. The facility is permitted to receive white goods as defined in North Carolina General Statute Article 9, Chapter 130A-290(44). 56. The facility must manage white goods according to the Operation Plan included in Attachment 1, Part II "List of Documents for the Approved Plan". This document is included in the approved plan. Any revisions to the approved plan shall be approved by the North Carolina Division of Waste Management (DWM), Solid Waste Section, prior to implementation. 57. White goods collection areas shall provide for the proper removal of chlorofluorocarbon refrigerants. Operational Conditions – Scrap Tires 58. The facility is permitted to receive tires and scrap tires as defined in North Carolina General Statute Article 9, Chapter 130A-309.53(6) & (7). 59. Scrap tire collection areas shall be operated in accordance with the requirements of 15A NCAC 13B.1107. 60. The facility must manage tires according to the Operation Plan included in Attachment 1, Part II, "List of Documents for the Approved Plan". This document is included in the approved plan. Any revisions to the approved plan shall be approved by the North Carolina Division of Waste Management (DWM), Solid Waste Section, prior to implementation. Operational Conditions – Treatment & Processing (Wood Grinding) 61. The facility is permitted to operate a treatment and processing facility as defined in 15A NCAC 13B.0101(49). 62. The facility is permitted to receive land clearing waste as defined in 15A NCAC 13B.0101(23). Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 21 of 24 63. The facility is permitted to receive wooden pallets constructed of unpainted and untreated natural wood. 64. The facility is permitted to receive yard trash as defined in 15A NCAC 13B.0101(55). However, this ground material containing yard trash may not be distributed to the public unless it has been composted in accordance with 15A NCAC 13B.1400. 65. The facility must manage the treatment and processing according to the Operation Plan included in Attachment 1, Part II: "List of Documents for the Approved Plan". This document is included in the approved plan. Any revisions to the approved plan shall be approved by the Section, prior to implementation. Operational Conditions – Type 1 Composting Unit 66. The facility is permitted to operate a compost facility as defined in 15A NCAC 13B.0101(7). 67. The facility is only permitted to receive waste materials described in 15A NCAC 13B.1402(f)(1) and (2). 68. The facility must monitor and maintain records to demonstrate the requirements of 15A NCAC 13B.1406 are continually being met. In addition, the facility is required to maintain records on the following information: a. The amount of waste received into the facility, b. the amount of compost land applied as a soil amendment, c. the area of land compost was applied to as a soil amendment, and d. the amount and final termination of any remaining compost. Operational Conditions – Household Hazardous Waste (HHW) 69. This permit is for operation of a Permanent Household Hazardous Waste Collection Facility. 70. This permanent household hazardous waste collection facility is permitted to receive household hazardous waste (HHW) generated by homeowners and conditionally exempt small quantity generators of Buncombe County. Unacceptable HHW that shall not be collected at this facility includes radioactive waste, explosives, and infectious waste. 71. This facility shall conform to all operating procedures in the approved plan, 15A NCAC 13B.0400, and the current Section policies and guidelines for HHW Collection Facilities. 72. Household Hazardous Waste Identification Number NCPH01101011 shall be used to ship wastes off site for recycling, treatment or disposal. 73. The permittee shall maintain records for the amount of HHW received at the facility and the amounts shipped off-site for recycling, treatment, and disposal. Records must be compiled on a monthly basis and maintained at the facility for inspection upon request by Solid Waste Section personnel. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 22 of 24 74. On or before August 1 of each year, the permittee shall report to the Solid Waste Section, the amount of HHW waste (in pounds) received at this facility and the amounts shipped off-site for recycling, reuse, and/or disposal. The reporting period shall be for the previous year, beginning July 1 and ending June 30. 75. A copy of this permit and the approved plan shall be maintained at the facility. Copies of this permit shall be forwarded to the local fire department, local hospitals, and other appropriate emergency agencies. Facility Permit No: 11-07 Permit to Construct / Operate Buncombe County MSW Landfill Issuance: July 27, 2017 Doc ID: 27395 Page 23 of 24 ATTACHMENT 4 CONDITIONS FOR CLOSURE PART I: GENERAL FACILITY Not Applicable PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION & DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable PART V: LAND CLEARING & INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Permit Conditions –