26007YWN_INSP_20211007

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 7
UNIT TYPE:
Lined MSWLF LCID YW X Transfer Compost SLAS COUNTY: Cumberland
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: YWN-26-007
NCD980503031
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: October 7, 2021 Date of Last Inspection: September 14, 2021
FACILITY NAME AND ADDRESS: Milan Yard
1000 Milan Rd Fayetteville, NC 28301 GPS COORDINATES (decimal degrees): Lat.: 35.069786 Long.: -78.870862 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Cal Pettiford, Street Maintenance Superintendent Telephone: [phone]
Email address: [e-mail] Name: Michael Gibson, Director of Fayetteville-Cumberland Parks and Recreation Telephone: [phone] Email address: [e-mail] FACILITY CONTACT ADDRESS:
Cal Pettiford, Street Maintenance Superintendent Public Services Department
335 Alexander St| Fayetteville, NC 28301
PARTICIPANTS: David Powell, SWS Andrew Hammonds, SWS James Powell, City of Fayetteville David Mathews, City of Fayetteville
Dennis Miller, City of Fayetteville Steve Odom, City of Fayetteville
STATUS OF PERMIT: YWN – originally notified 2012 Pre Reg. LF - NCD980503031

PURPOSE OF SITE VISIT: Comprehensive Inspection – Follow up Notice of Violation to follow (IS262109) STATUS OF PAST NOTED VIOLATIONS:
1. 15A NCAC 13B .0105 (a) – UNRESOLVED 2. 15A NCAC 13B .0201 (a) – UNRESOLVED
3. 15A NCAC 13B .0201 (b) – UNRESOLVED
4. 15A NCAC 13B .0201 (c) – UNRESOLVED
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 7
OBSERVED VIOLATIONS: NA

ADDITIONAL COMMENTS
1. Section and City of Fayetteville staff met to discuss the items from the September 14, 2021 inspection and detailed in subsequent inspection report.

2. Mr. Hammond explained rules for YWNs’ and path moving forward to address the issues associated with this site. Raw un-mulched/composted yard waste and finished product mulch were stockpiled on multiple locations on the site. It is still unclear what area was being used as the 2-acre notification on this property. This site has a PRLF under a large section of what’s being used. A YWN cannot be located over a closed of disposal site, 15A NCAC 13B .1402. Therefore, this YWN must be closed, unless data/documentation can be provided
showing that the notification is not above the Pre-Regulatory Landfill (PRLF) and the site meets rule requirements. All yard waste/trash should be removed and disposed of at the appropriate facility or utilized according to rule. Facility cannot give waste out to public without meeting requirements of 15A
NCAC 13B .1406 rules.

Yard waste/trash spread around large site and not in notification and over PRLF.
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
3. Milan Yard has multiple large piles of comingled wastes. Section staff road the property and walked some along some of the waste piles from back to front. Any clean concrete or used asphalt should be crushed and utilized as aggregate or removed to an appropriate disposal site. If going to crush, then a reasonable and realistic timeframe should be submitted to Mr. Powell for beginning this process and finalizing. A spot or two looked to have street sweepings dumped and left to dry. Street sweepings should be removed to Municipal Solid Waste Land Fill (MSWLF), along with any other MSW waste discovered comingled in other areas during cleanup. Additionally, painted concrete was visible in the stockpiles around the site. This waste should go to a CDLF or MSW landfill.
Partially buried concrete. Some painted concrete. Only clean can be crushed and reused.
Asphalt and concrete comingled and spread around site and partially buried in places.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 7
MSW waste comingled with yard waste.
Wet solid waste, street sweepings, dumped and allowed to run downhill and soak into soil.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 7
4. Along entrance road, on front part north side once reaching larger open area of Milan Yard, there is a large amount of scrap metal, playground equipment etc. This should be recycled, or disposed of at the appropriate disposal site. Section staff explained 75% rule (§ 130A-309.05. Regulated wastes; certain exclusions) and the need for material to be removed otherwise it becomes disposal. 5. Demolition waste piles in the rear of the site, east end, has metal, mastic with tile and could be potentially asbestos. This should be evaluated for asbestos within 15 days of receipt of this inspection report. All relevant asbestos sampling information should be submitted to NCDEQ. Section staff walked this area with
Mr. Dennis Miller and discussed violations and potential Plan of Action. Asbestos needs to be confirmed or all treated as asbestos containing waste and disposed of as such at the landfill.
Old playground equipment scrap metal along entrance road.
Rear waste piles of mostly C and D, concrete and metal, with possible asbestos.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 6 of 7
Close up of C and D concrete with suspected
6. This site has a PRLF under a large section of what’s being used. No digging into covered cap or disturbing the PRLF with waste removal activities. Site should be evaluated for asbestos containing waste in rear C and D and for safe removal of Solid Waste without disturbing PRLF waste/cover. It may be reviewed by the PRLF group in the future. A copy of this inspection will be forwarded to the PRLF Supervisor Ryan Channel.
7. Accepting already ordered materials for soon upcoming jobs and storing is acceptable currently but the City should be making plans for other storage areas for rock, sand, mulch etc. Mr. David Powell spoke with Mr. James Powell on this issue.
Storage area on north side of property and left side road.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 7 of 7
8. Due to concerns with the demolition waste at the rear of the site may be comingle with asbestos containing material, appropriate sampling should be undertaken to determine proper handling and disposal. All relevant asbestos sampling information should be submitted to NCDEQ. Cease accepting waste at this site, except previously ordered materials, until all issues have been addressed. Keep documentation of waste removed and disposed of at other appropriate disposal sites. A follow up compliance inspection will be conducted by Solid Waste Section Staff. Failure to meet the conditions for compliance may result in further Compliance Actions. 9. Corrective measures are necessary as result of this inspection and should be completed within 30 days’ receipt of this inspection unless specified in a comment above. Failure to resolve these matters may result in further enforcement action. Please contact me if you have any questions or concerns regarding this inspection report.
________________________________________ Phone: [phone] _ David Powell Environmental Senior Specialist Regional Representative
Sent on: 10/25/2021 X Email Hand delivery US Mail Certified No. [ _]
Copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section Andrew Hammonds, Eastern District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer –Solid Waste Section Dylan Friedenberg, Environmental Specialist – Solid Waste Section Ryan Channel, Unit Supervisor - Pre-Regulatory Landfill Program