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HomeMy WebLinkAbout7504T_NOD_20190304ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director I QUAM VNE% NORTH CAROLINA Environmental Quality March 4, 2019 CERTIFIED MAIL 7016 1370 0001 6571 5705 RETURN RECEIPT REQUESTED D. Marche Pittman PO Box 308 Columbus, NC 28722 SUBJECT: Notice of Deficiency Compliance Inspection Report Polk County Transfer Station 7504T-TRANSFER-2005 Polk County Dear Mr. Pittman: On Thursday, February 28, 2019, Lee Hill, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with North Carolina solid waste statutes and rules. Larry Walker was present and represented Polk County during this inspection. The following violations were noted: A. 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. 75-04T, Attachment 3, Condition of Permit to Operate, Part VI, #18(b) states, "Waste must only be deposited on a "tipping floor" or directly into a transfer container." Polk County is in violation of 15A NCAC 13B .0203(d) by allowing waste to escape outside the transfer building at the entrance and exit of the loading bay. B. 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. 7504T-TRANSFER- 2005, Attachment 3, Part IV- General Conditions #18(a) states, "The tipping floor and transfer trailer loading area must be maintained in a clean, sanitary condition at all NORTH CAROL INAD_E Q�� paparlmant o� EnviranmgnGl puali� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Polk County Transfer Station Notice of Deficiency Page 2 of 3 March 4, 2019 times and must be cleaned at least daily in accordance with the approved Operational Plan." Polk County is in violation of 15A NCAC 13B .0203(d) by failing to clean the trailer loading area daily as specified by Permit to Operate No. 7504T-TRANSFER-2005, Attachment 3, Part IV- General Conditions. C. 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. 7504T-TRANSFER- 2005, Attachment 1, Part I General Permit Conditions # 7 states, "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 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." The Transfer Station Operations Plan, 3.2 Housekeeping and Litter Control states in part "Throughout and at the end of each working day, facility personnel should police the facility for litter. Collected litter should be placed in containers for proper disposal." Polk County is in violation of 15A NCAC 13B .0203(d) by failing to clean the trailer loading area daily as specified in the Transfer Station Operations Plan, 3.2 Housekeeping and Litter Control. The above violations may have or can compromise the facility's ability to ensure protection of the public health and the environment and thus require remedial action on behalf of the facility in order to maintain compliance with 15A NCAC 13B .0203(d). In order to resolve these issues, Polk County must take the following actions: Clean the transfer trailer area at the end of each working day in accordance with the Permit to Operate No. 7504T-TRANSFER-2005, Attachment 1, Part I General Permit Conditions # 7 and the Transfer Station Operations Plan, 3.2 Housekeeping and Litter Control. Immediately clean all waste outside of the transfer building and take measures to ensure that waste is not allowed to leave the building and the leachate collection system, as specified in the permit and approved operations plan. The violations 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, e:!wr:fD—EC NORTH CARD[ I �� Vep.d.-t of fi-i.6-tzI Ouali� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Polk County Transfer Station Notice of Deficiency Page 3 of 3 March 4, 2019 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of Deficiency. If you have any questions, please contact me at 828-296-4700 or e-mail lee.hill@ncdenr.gov. Sincerely, Lee Hill Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Deb Aja, Western District Supervisor Jessica Montie, Compliance Officer Larry Walker, Polk County NORTH CaR01 INA E Q WAj ftp.d—t of Emir.nm taI Q..1ity North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200