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HomeMy WebLinkAbout14_N1004_INSP_20170928FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 3 UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Caldwell Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: N1004 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: September 28, 2017 Date of Last Inspection: August 9, 2017 FACILITY NAME AND ADDRESS: Woodard Enterprises 1435 Old North Road Lenoir, North Carolina 28645 GPS COORDINATES: N: 35.93430 W: 81.55445 FACILITY CONTACT NAME AND PHONE NUMBER: Name: Charles Woodard, Operator Telephone: (828) 758-0063 (o) or (828) 234-2396 FACILITY CONTACT ADDRESS: 1155 Advent Circle Lenoir, North Carolina 28645 PARTICIPANTS: Charles Gerstell, NCDEQ-Solid Waste Section Kenneth Teague, Caldwell County Emergency Services STATUS OF PERMIT: A Land Clearing and Inert Debris Landfill Notification was filed with the Caldwell County Register of Deeds on May 14, 2017. PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: 15A North Carolina Administrative Code 13B .0566(2) states: “A facility shall only accept those solid wastes which is permitted to receive.” During an inspection performed on September 28, 2017, demolition waste consisting of multiple pieces of plywood, painted wood, painted block, metal, shingles, ceramic tile, insulation, wood paneling, PVC pipe, possible ceiling tiles, a toilet bowl, a sink, a hot water heater, carpet, drywall, treated lumber, pieces of metal and metal conduit, corrugated plastic pipe, vinyl siding, and plastic buckets were observed on site. Municipal solid waste such as plastic drinking bottles, a television, clothing (a sock), blankets, an empty prescription pill bottle, and plastics was also observed. Some demolition waste on site appeared to have been burned. The aforementioned wastes are unacceptable for disposal in a Land Clearing and Inert Debris Landfill. To achieve compliance, Mr. Charles Woodard was required to remove all unacceptable waste streams within 30-days of receipt of the Notice of Deficiency, and properly dispose of the waste at a solid waste management facility permitted by the Division of Waste Management. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 3 Inspection of the facility on September 28, 2017, found that it appeared that majority of unacceptable waste streams observed during the previous inspection had been removed. However, additional unacceptable wastes were observed on site which consisted of plywood, painted wood, multiple tires, PVC pipe, plastic drinking bottles, multiple pieces of corrugated plastic pipe. Majority of the remaining unacceptable waste was observed along the southern portion of the site. As a result of actions taken, the deadline for the Notice of Deficiency will be extended to November 10, 2017 in order to properly remove and dispose of all remaining unacceptable wastes. OBSERVED VIOLATIONS: 15A North Carolina Administrative Code 13B .0564(9)(b) states: “(9) The facility shall meet the following minimum buffer requirements: (b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.” x As noted on the previous inspection report, a review of aerial images and Caldwell County GIS information indicates that waste activities may have occurred within the 100-foot buffers to the southern and northern property boundaries. x During the inspection performed on September 28, 2017, Mr. Woodard confirmed that waste had been placed over the eastern property boundary onto the Witherspoon property (NCPIN#: 2840441451). He explained that the owners of the adjacent properties were family, and both wanted their properties filled in. However, waste placement within the 100-foot buffer to property boundaries is a violation of 15A NCAC 13B .0564(9)(b). Waste also appeared to be within the 100-foot buffer to an adjacent property to the north (NCPIN#: 2840347990). x During the inspection, Mr. Woodard also indicated that waste may have been placed within the 100- foot buffer to the residential dwelling located at 1435 Old North Road. x The previous inspection report required that steps be completed to ensure that the 100-foot buffer had been established between disposed waste and all property boundaries within 60-days of receipt of the inspection report. This could include, but not be limited to relocating waste to an area not located within the required buffers. Mr. Charles Woodard is in violation of 15A NCAC 13B .0564(9)(b) in that waste has been placed within the required 100-foot buffer to property lines. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 3 To achieve compliance, within 30-days of receipt of this inspection report, a written plan of action detailing proposed steps to reestablish the 100-foot buffer to all property boundaries and residential dwellings along with a timetable to complete those steps must be submitted to the Solid Waste Section for review. The plan should be sent to: Charles Gerstell NCDEQ – Solid Waste Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 ADDITIONAL COMMENTS 1. No gate was observed at the entrance to the site during the inspection. Mr. Woodard stated that he would be installing the gate in the near future. 2. As noted on the previous inspection report, 15A North Carolina Administrative Code 13B .0566(16) requires a sign be posted at the facility entrance showing the contact name and number in case of an emergency. No sign was posted at the time of inspection. Please ensure that a sign is posted to ensure compliance with 15A NCAC 13B .0566(16). 3. Since the last inspection, waste had been graded and majority of the waste had been covered with soil with the exception of a portion of the side slopes. Please ensure that all waste, to include side slopes, is properly covered when applying soil cover. Adequate soil cover must be applied monthly, or when the active area reaches one acre in size, whichever requires first as required by North Carolina Administrative Code 13B .0566(4). 4. As noted on the previous inspection report, edge of waste markers must be provided to clearly delineate the limits of the landfill area and to ensure that the facility remains within the required footprint of less than 2-acres and buffers are maintained. This requirement was discussed with Mr. Woodard. Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: (704) 235-2144 Charles T. Gerstell Environmental Senior Specialist Regional Representative Sent on: 10/11/17 Email Hand delivery X US Mail Certified No. [ 7016 1370 0000 2590 1002_] Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Deb Aja, Western District Supervisor - Solid Waste Section 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. Digitally signed by Charles T. Gerstell DN: cn=Charles T. Gerstell, o=Divsion of Waste Management, ou=Solid Waste Section, email=charles.gerstell@ncdenr.gov, c=US Date: 2017.10.11 12:04:03 -04'00'