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Permit No: 3204-COMPOST-1991
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 1 of 7
North Carolina Department of Environmental Quality
PAT MCCRORY DONALD R. VAN DER VAART
Governor Secretary
State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WASTE MANAGEMENT - SOLID WASTE SECTION
LARGE TYPE 1 SOLID WASTE COMPOST FACILITY
Permit No. 3204-COMPOST-1991
City of Durham
is hereby issued a
PERMIT TO OPERATE
DURHAM COMPOST FACILITY
Located at 2115 East Club Boulevard in Durham, adjacent to the closed Durham MWS Landfill, in
Durham County, North Carolina, 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.
_______________________________
Ellen B. Lorscheider, Section Chief
Solid Waste Section
Division of Waste Management
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 2 of 7
ATTACHMENT 1
PART I: PERMITTING HISTORY
Permit Issuance Date Doc ID
Permit to Operate, Large Type 1 Compost - New November 26, 1991 n/a
Permit to Operate, Large Type 1 Compost July 9, 1999 n/a
Permit to Construct, Large Type 1 Compost March 30, 2009 25144
Permit to Operate, Large Type 1 Compost June 9, 2010 n/a
Permit to Operate, Large Type 1 Compost June 20. 2014 21308
Permit to Operate, Large Type 1 Compost June 30, 2014 21312
Permit to Operate, Large Type 1 Compost March 24, 2016 25793
1. The solid waste facility is located on a parcel adjacent to the closed City of Durham
MSW Landfill, Permit No. 3201-MSWLF-1979. The property also contains the City of
Durham Transfer Station, Permit No. 3212T-TRANSFER-1999, and the Durham
Household Hazardous Waste (HHW) Facility, Permit No. 3210-HHW. The land and the
facility are owned and operated by the City of Durham. The compost and wood waste
processing operation was first permitted in 1991.
PART II: LIST OF DOCUMENTS FOR APPROVED PLAN
1. City of Durham Compost Facility Permit Application. June 1999.
2. City of Durham Compost Facility Permit To Operate application, prepared by KCI
Associates and Coke Composting Consulting, March 2009.
3. City of Durham Compost Facility, Permit Modification Application. February 2014
(revised May 2014). Doc ID 21310.
4. City of Durham Compost Facility, Permit Renewal Application. February 6, 2015
(revised December 20, 2015. Doc ID 25791.
Note: Documents referenced in this permit (e.g., Doc ID xxxxx) can be viewed online at the NC
Solid Waste Section website in the SWS Documents Portal.
PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY
Durham County, NC - Register of Deeds
Plat
Book Page(s) PIN Grantee Size
120 53 0843-03-32-9488 City of Durham 37.5 acres
NOTE: The active composting & wood processing operation area comprises approximately 11
acre within the parcel.
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 3 of 7
PART IV: 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 Solid Waste Management Rule 15A NCAC 13B .0201(d), a solid waste
management facility permit shall have two parts: a Permit to Construct and a Permit to
Operate. The Permit to Construct shall be implemented in accordance with Attachment 2
of this permit. The Permit to Operate shall expire June 9, 2020. The Permit 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. By receiving waste at this facility the permittee shall be considered to have accepted the
terms and conditions of this permit.
4. 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 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.
5. This permit is issued based on the documents submitted in support of the application for
permitting the facility identified in Attachment 1, “List of Documents for Approved
Plan,” which constitutes the approved plan for the facility. Where discrepancies exist, the
most recent submittals and the Conditions of Permit shall govern.
6. 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.
7. The permittee is responsible for obtaining all permits and approvals necessary for the
development of this project including approval from appropriate agencies for
sedimentation and erosion control, and a General or Individual National Pollutant
Discharge Elimination System (NPDES) Stormwater Discharge Permit, if applicable.
Issuance of this permit does not remove the permittee’s responsibilities for compliance
with any other local, state, or federal rule, or statute.
- End of Section –
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 4 of 7
ATTACHMENT 2
CONDITIONS OF PERMIT TO CONSTRUCT
[N OT APPLICABLE]
- End of Section -
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 5 of 7
ATTACHMENT 3
CONDITIONS OF OPERATING PERMIT
PART I: COMPOST & WOOD WASTE MANAGEMENT OPERATION
1. The Permit to Operate shall expire June 9, 2020. Pursuant to 15A NCAC 13B
.0201(g), no later than February 14, 2020, the permittee must submit a request to the
Section for permit review and must update pertinent facility plans.
2. This permit approves the continued operation of the Large Type 1 composting and wood
processing operation. The operation must be conducted in accordance with the approved
plans.
3. The facility must be adequately secured by means of gates, chains, berms, fences, or
other measures approved by the Section to prevent unauthorized entry.
4. A sign must be maintained at the site entrance providing site information including the
permit number, prohibited materials, and emergency contact information.
5. Only materials specifically listed in the permit application may be managed at this
facility. These include yard waste and woody materials consisting of limbs, grass, leaves,
branches, and tree trunks, and untreated and unpainted wooden pallets. Biodegradable
paper yard waste bags containing yard waste incidental to yard waste collection may be
accepted. A request must be submitted to receive additional feedstock and may require a
permit modification.
6. The total capacity of the site is 24,000 tons of materials received per year. A permit
modification is required for a request to increase capacity.
7. Feedstock must not be received that are in an anaerobic state.
8. Trash and unacceptable wastes received at the site must be separated from the waste
stream and removed from the site for proper disposal, as outlined in the approved
Operations Plan.
9. Interior roadways must be of all-weather construction and maintained in good condition.
All sides of storage and compost areas for flammable materials must be clear and
drivable, to provide vehicular access in the event of a fire.
10. The facility must be operated in a manner that reduces the potential for vector attraction.
11. 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.
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 6 of 7
12. An appropriate Division of Energy, Mineral and Land Resources (DEMLR) permit for
managing any stormwater and/or wastewater at the facility must be maintained, if
required. Any leachate generated at the facility and any runoff from the facility must be
managed in such a manner that ground or surface water quality will not be adversely
affected. The facility must be maintained to prevent the accumulation of stormwater and
leachate on composting areas, storage areas, and roads.
13. Windrow dimensions for incoming yard waste shall be limited to a maximum of 12 feet
high by 25 feet wide unless otherwise approved by the Division. A 25-foot access shall
be maintained between windrows for fire-fighting equipment. Active composting
windrow dimensions shall be limited to a maximum of 7 feet high by 14 feet wide unless
otherwise approved by the Division. Finished product storage dimensions shall be limited
to a maximum of 10 feet high by 20 feet wide.
14. Windrow turning must not occur without consulting weather forecasts for favorable
conditions including wind direction and precipitation.
15. In the event of a mechanical failure, the facility must immediately use its best effort to
utilize substitute equipment for completion of the composting operation.
16. Compost temperature monitoring must be conducted at a frequency adequate to meet the
pathogen reduction requirements of Rule .1406 (10). Temperature monitoring data to
meet Rule requirements must be maintained in writing, and made available to the Section
during business hours. If a temperature test taken to meet the Rule requirements is below
131oF, the time and temperature testing must restart from the beginning.
17. Thermometers used for documenting composting temperatures must be calibrated
annually. Documentation of calibration must be kept in the facility records.
18. Compost process data must be maintained as required to document temperatures.
19. All compost produced at the facility must meet the Type 1 facility classification and
distribution requirements outlined in Rule .1407 of the Solid Waste Compost Rules and
the permit application.
20. Heat generation in storage piles must be monitored to prevent elevated temperatures that
may lead to spontaneous combustion.
21. The compost and wood processing operations must be operated and maintained with
sufficient dust control measures to minimize airborne emissions and to prevent dust from
becoming a nuisance or safety hazard. Facility operation must meet Division of Air
Quality Rules 15 NCAC 2D. Fugitive dust emissions from the facility that contribute to
substantive complaints may subject the facility to the Division of Air Quality
requirements as listed in 15A NCAC 2D .0540.
Permit No: 3204-COMPOST
Durham Compost Facility
March 28, 2016
Doc ID 25793
Page 7 of 7
22. The odor management procedures must be followed to minimize odors at the facility
boundary (as described in the approved Operations Plan). Upon receipt of an odor
complaint, the facility operator must investigate and take action as necessary to minimize
the cause of the complaint. A copy of all written complaints regarding this facility must
be maintained for the duration of the permit including the operator’s actions taken to
resolve the complaints.
23. Open burning of solid waste is prohibited. Fires must be reported to the regional
environmental senior specialist as soon as possible following the time of occurrence.
24. Groundwater quality at this facility is subject to the classification, monitoring, and
remedial action provisions of 15A NCAC 2L. Groundwater monitoring may be required
if there is an indication for the potential for groundwater contamination.
25. Copies of this permit, the approved plans and drawings, and all records required to be
maintained by the permittee must be maintained at the facility, or another site approved
by the Section, and made available to the Section upon request during normal business
hours.
26. Record keeping, testing, and reporting shall be conducted in accordance with the
requirements outlined in Rule .1408(b) through (d), and the permit application. An annual
report of facility activities for the fiscal year July 1 to June 30 must be submitted to the
Section by August 1 of each year on forms provided by the Section. This report must
include the amount (tons) of materials received, and the amount (tons) processed and/or
composted.
- End of Permit Conditions -