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HomeMy WebLinkAbout2909_INSP_20180925FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 7 UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Davidson Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 2909 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE For me Date of Site Inspection: September 25 and October 2, 2018 Date of Last Inspection: June 14, 2018 FACILITY NAME AND ADDRESS: Veach LCID Landfill 4261 Old Thomasville Road Winston-Salem, NC 27107 GPS COORDINATES: N: 35.978734° W: -80.181527° FACILITY CONTACT NAME AND PHONE NUMBER: Name: Mike Phillips, Operator Telephone: 336-462-3643 (mobile) Email address: mphillips3914@yahoo.com FACILITY CONTACT ADDRESS: Veach LCID Landfill Mike Phillips, Operator 411 Bethany Church Road Winston-Salem, NC 27107 PARTICIPANTS: Mike Phillips, Operator – Veach LCID Landfill (October 2, 2018 only) Jeffrey Johnson, Equipment Operator – Veach LCID Landfill (September 25, 2018 only) Seth Titley, Environmental Specialist – Division of Energy, Mining and Land Resources (October 2, 2018 only) Ming-Tai Chao, Permit Engineer – Solid Waste Section (October 2, 2018 only) Susan Heim, Environmental Senior Specialist – Solid Waste Section (September 25 and October 2, 2018) STATUS OF PERMIT: Permit to Operate issued June 28, 2013 Permit to Construct issued in conjunction with Permit to Operate Permit to Operate expired June 28, 2018; permit renewal request under review by the Solid Waste Section. PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: None OBSERVED VIOLATIONS: 1. 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. 2909-LCID-2013, Attachment 2, Conditions of Permit to Construct, Part I, facility specific condition 3.d. states, “The disposal unit boundary must be accurately identified with permanent markers.” Permit to Operate No. 2909-LCID-2013, Attachment 3, Conditions of Permit to Operate, Part I, facility specific condition 7 states, “The permanent markers that accurately delineate the waste disposal boundary must be FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 7 maintained.” Andrew Veach, property owner, and Mike Phillips, facility operator, are in violation of 15A NCAC 13B .0203(d) for failing to install and maintain permanent edge of waste markers that accurately identify the waste boundary. An inspection of the facility revealed that permanent edge-of-waste markers were not in place. The requirement had been enforced with a Notice of Violation as a result of an inspection on January 12, 2017, and had been resolved on August 4, 2017, when white reflective plastic markers were observed to be in place. At the time of the current inspection, only a few markers that delineate the 100’ buffer from the property line were visible. CORRECTIVE ACTIONS REQUIRED: To achieve compliance, Andrew Veach and Mike Phillips shall complete the following corrective actions: • Immediately remove all stockpiled materials from the landfill footprint, including logs and processed wood waste. Note that clean soil to be used for landfill cover may be stockpiled on top of the fill area. • Immediately remove all unacceptable materials from the wood waste stockpile (see photo below). • By November 15, 2018, accurately identify the waste boundary of the landfill and install permanent edge-of-waste markers. • By November 30, 2018, submit a new site plan to the Solid Waste Section that includes the following information, as well as all other specific information stipulated in 15A NCAC 13B .0565(2) and (3): o The new landfill property boundary; o The landfill waste disposal boundary; o The required buffers, as specified by 15A NCAC 13B .0564(9)(a), (b) and (c); o The location and extent of the existing sediment basin; o The location of diversion ditches and other erosion control devices required by the approved erosion control plan; o The location of all additional operations taking place at the facility. Examples of these additional operations would be the inert debris stockpile area, the concrete crushing area, the wood waste grinding area, product stockpile areas (firewood, crusher run, etc.), and the equipment maintenance/storage area. Failure to complete these corrective measures by the dates specified may result in additional tiered enforcement action. ADDITIONAL COMMENTS Records Review: 1. The facility is a land clearing and inert debris (LCID) landfill, currently under review by the Permitting Branch for permit renewal. The facility Permit to Operate expired on June 28, 2018. 2. The facility is permitted to receive land clearing waste; yard trash; untreated and unpainted wood; uncontaminated soil; inert debris, such as unpainted rock, brick, concrete and concrete block; and, used asphalt generated from within Davidson and Forsyth Counties. 3. The facility Permit to Operate and the approved Operation Plan were not available for review at the facility. 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. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 7 Ensure that copies of the current Permit to Operate and approved Operation Plan are kept at the facility and are available for review upon request. 4. The facility maintains a cover log onsite that specifies dates when the landfill is fully covered with clean soil. 5. Seth Titley noted that the facility does not currently carry out the recordkeeping requirements of the NPDES rules. He explained the self-inspection and reporting requirements to Mr. Phillips, emphasizing that these procedures and the records that pertain to them must be in place and available upon request at the time of the next inspection. 6. Mr. Titley advised Mr. Phillips that the soil excavation and removal operations at the facility require a mining permit. Mr. Phillips agreed to submit the appropriate application as quickly as possible. Field Inspection: 7. Unauthorized access to the facility is prevented by means of a locking gate, fencing, perimeter berms and wood lines. Mr. Phillips stated that, unless there is an operator on duty at the site, the gate is kept locked. 8. Proper signage was observed at the facility entrance. Ensure that the road frontage is kept mowed in the vicinity of the facility sign so that the sign remains completely visible at all times. 9. Edge-of-waste markers were not in place at the facility. Mr. Phillips stated that he had placed markers following the initial violation, cited on January 17, 2017. During subsequent discussions about the position of the markers, and the approved footprint of the landfill, he realized that the markers had not been placed correctly, and that he had not had the opportunity to investigate the matter further. The disposal boundary shall be accurately identified and then permanently marked with edge-of-waste markers. (See Observed Violations section of this report for additional information.) 10. Access roads are of all-weather construction and were found to be in good condition. No ponding water was observed on the roadways. A drive-across set of steel bars has been built just to the west of the gate. This device is designed to remove mud from truck tires prior to entering the public roadway. However, trucks observed entering and leaving the site during this inspection did not use the device. It is recommended that traffic exiting the facility be directed across the steel bars prior to entering the public roadway. 11. The facility has an approved erosion control plan, and is inspected by the Division of Energy, Mining and Land Resources (DEMLR). Mr. Titley walked the property and pointed out several instances in which site conditions did not meet the requirements of the approved plan, including failure to maintain erosion control measures. Mr. Titley’s subsequent sedimentation inspection report, dated October 2, 2018, lists a number of violations and corrective actions that are required by DEMLR. Erosion control plan violations must be resolved in order for the LCID landfill permit renewal to be approved. 12. The sediment basin, the skimmer and the discharge pipe were inspected and discussed. The basin appeared to be completely overgrown with grasses and weeds, and small trees were becoming established in several places. The pond baffles were not evident, and the skimmer was not able to be reached for inspection due to the excessive vegetation. Regular maintenance must be performed on the sediment basin and erosion control devices, to include mowing, removal of all woody growth as it appears, and cleaning sediment out of the basin as it accumulates. 13. The diversion ditch that runs southeast from the excavated area to the sediment basin was inspected and found to be filled with sediment. The discharge pipe on the northern end of the ditch appeared to be clear and functioning. Regular maintenance must be performed on the ditch line that directs surface water from the landfill operations to the sediment basin to remove sediment from the ditch as it accumulates. 14. All facility erosion control devices should be inspected by facility staff immediately following each measurable rainfall event to assess any damage that may have occurred, and to confirm the devices are functioning as designed. 15. Although the sediment basin and diversion ditch had been filled with sediment from the excavation area, it did not appear that any sediment had left the site. 16. The working face of the landfill was found to be small and well-maintained. The landfill slope was navigable and in good condition. No unacceptable materials were observed in the working face. 17. Trucks observed entering the site proceeded to the tipping area where sufficient operating space was maintained to enable vehicles and landfill equipment to maneuver safely. Ground wood waste had been used to maintain a smooth, dry surface on the tipping area. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 7 18. The following materials were observed to be stored on top of the disposal area: processed/ground wood waste, soil, and logs. Ensure that only clean soil to be used for cover is stockpiled on top of the disposal area. All other materials must be stored outside of the landfill footprint. 19. On September 25, 2018, it was observed that the number of logs being stockpiled on the site had increased substantially since the previous inspection on June 14, 2018. When asked about this matter, Mr. Johnson stated that the market for logs had dropped off almost completely. He added that local sawmills were not interested in the logs, and firewood customers had become very scarce. Logs accepted at the site must be handled as either a waste or as a recovered material. • If logs are considered to be a waste, then they must be disposed of in the landfill as they are received at the facility. • If logs are considered to be a recovered material – in this case, firewood – then they must be managed according to the provisions set forth in §130A- 309.05(c); and, the logs must be cut into firewood and stored in a clean, dry location outside of the disposal area. 20. Several pieces of unacceptable waste were observed in the unprocessed wood waste stockpile, including a traffic cone, a manhole riser and other miscellaneous pieces of metal and plastic. Ensure that these unacceptable materials are removed immediately and deposited into a covered, leak-resistant container until they are transported from the facility for proper disposal. (See Observed Violations section of this report for additional information.) 21. Concrete crushing operations were taking place on the southeastern end of the property during this inspection. No fugitive dust was observed beyond the immediate operational area, and dust did not appear to leave the property. 22. A comparison of the original site plan drawing and the newly submitted site plan drawing, included in the permit renewal package, revealed significant differences. For example, the sediment pond was located within the permitted facility on the original drawing and outside the facility boundary on the permit renewal application. An updated site plan of the facility must be submitted to the Solid Waste Section (See Observed Violation section of this report for additional information. A view of the landfill working face from the west in the excavation area. The working face is small and well- maintained. Note the piles of logs on top of the fill area (background left and right). FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 7 A view of the new excavation area with a portion of the working face visible on the right. The concrete crushing area includes a roll-off container for recyclable metals. Note the log pile in the foreground. Stockpiles of logs are staged in several locations on top of the fill area. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 6 of 7 A drainage pipe (background center) directs storm water from the excavation area to the detention basin. The pipe appears to be clear and functioning, but the diversion ditch is filled with sediment. The log stockpile in the background is located atop the landfill unit. A mixed pile of processed wood waste and logs is situated on top of the disposal area where waste has already been compacted and covered. Unacceptable materials can be seen in a mixed pile of wood waste and inert debris - orange traffic cone, metal manhole riser and miscellaneous pieces of metal. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 7 of 7 Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: 336-776-9672 Susan Heim Environmental Senior Specialist Regional Representative Sent on: October 11, 2018 to Mike Phillips and Andrew Veach. X Email Hand delivery US Mail Certified No. [ _] Copies: Deb Aja, Western District Supervisor – Solid Waste Section Ming-Tai Chao, Permitting Engineer – Solid Waste Section Seth Titley, Environmental Specialist – Division of Energy, Mineral and Land Resources