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HomeMy WebLinkAbout1205_ROSCANS_2014- NCDENR —' North Carolina Department of Environment and Natural ce l ' PY Pat McCrory John E. Skvarla, III Governor Secretary August 25, 2014 CERTIFIED MAIL 7012 1010 0002 1965 8120 RETURN RECEIPT REQUESTED Corporation Service Company, Registered Agent K.R. Drenth Trucking, Inc. 327 Hillsborough St. Raleigh, NC 27603-1725 SUBJECT: Notice of Violation Leachate Release —Transfer Trailer Location: Burke County Transfer Station Facility #12-05T Burke County Dear Sirs, On August 4, 2014, Bill Wagner representing the State of North Carolina, Division of Waste Management Solid Waste Section, inspected the above referenced facility for compliance with North Carolina solid waste statues and rules. During the inspection, a transfer truck trailer (believed to be trailer #T812) owned and operated by K.R. Drenth Tucking, Inc. was observed parked on the west side of the facility. The trailer was parked outside of any leachate containment system, and leaking leachate from the rear gate onto the asphalt apron and running onto bare ground. The trailer was staged on the asphalt apron (after it had been filled with municipal solid waste earlier in the day) prior to being taken to the Foothills MSW Landfill for final disposition of the waste. On August 7, 2014 Bill Wagner again observed leachate leaking from a hole in the bottom of a waste transfer truck trailer (trailer #T-240) owned and operated by K.R. Drenth Tucking, Incorporated. The leaking leachate was confined to the asphalt apron west of the transfer station. Please reference the attached inspection report dated August 25, 2014 for details pertaining to the inspection. Based on observations of Section staff, K.R. Drenth Tucking, Inc. is in violation of the N.C. Solid Waste Management Rules, specifically: Section 59.2(c) of Session Law 2013-413 requires containers used to collect and transport solid waste to "be designed and maintained to be leak -resistant in accordance with industry standards." The above deficiency may have or can compromise the facility's ability to ensure protection of the public health and the environment and is in violation of North Carolina Administrative Code. 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Internet: http://portal.ncdenr.org/web/wm An Equal Opportunity 1 Affirmative Action Employer -Made in part by recycled paper Corrective -act September 25 s-required on behalf of Stafford Transport in order to achieve compliance. By 4. K.R. Drenth Tucking, Inc. must complete the following corrective actions: - - a) Immediately remove any waste collection trailers from the fleet that require repair; and b) Within ten days complete needed repairs on trailers; and c) Coordinate efforts with the Waste Management facility 12-05T to ensure that waste transfer operations meet their approved permit conditions and Operations Plan; and d) Upon completion of the corrective action(s) please notify me at (828) 296-4705 or at bill.wagner@ncdenr.gov. Documentation of these inspections and repairs should be supplied to the Section in writing and should include, at a minimum, trailer numbers and dates of inspection/repair. Please submit this information to: Bill Wagner NCDENR — Solid Waste Section 2090 US Highway 70 Swannanoa, NC 28778 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. If you have any questions please contact me by e-mail at bill.wagner@ncdenr.gov or by phone at (828) 296-4705. Sincerely, Bill Wagner Environmental Senior Specialist Solid Waste Section c: Facility Compliance Inspection Report dated 8/25/14 ec: Jason Watkins, Field Operations Branch Supervisor — Solid Waste Section Jackie Drummond, Compliance Hydrogeologist — Solid Waste Section Sarah Rice, Compliance Officer — Solid Waste Section Brock Hall, Interim Director — Burke County General Services (brock.hall@burkenc.org) Pat McCrory Governor A�_� NCDENR North Carolina Department of Environment and August 25, 2014 CERTIFIED MAIL 7012 1010 0002 1965 8069 RETURN RECEIPT REQUESTED Bryan Steen — Burke County Manager Box 219 Morganton, NC. 28680-0219 SUBJECT: Notice of Violation Compliance Inspection Report Burke County Transfer Station 12-05T Burke County Dear Mr. Steen, Natural Resources John E, Skvarla, III Secretary On August 4T" 6T" and 7T", 2012 Bill Wagner representing the State of North Carolina, Division of Waste Management Solid Waste Section, inspected the above referenced facility for compliance with North Carolina solid waste statues and rules. The following violations were noted: Section 59.2(c) of Session Law 2013-413 requires containers used to collect and transport solid waste to "be designed and maintained to be leak -resistant in accordance with industry standards." 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 Condition Attachment #1, Part I, #5, of the March 20, 2014 Permit to Operate (DIN 20453) states: "By receiving wastes at this facility the permittee shall be considered to have accepted the terms and conditions of the permit." • Permit Condition Attachment #1, Part I, #6, of the March 20, 2014 Permit to Operate (DIN 20453) states, in part, that: "Operations of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.)..." • Permit Condition Attachment #3, Part VI, #50 of the March 20, 2014 Permit to Operate (DIN 20453) states, in part that: "All water that comes in contact with 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Internet: http://portal.ncdenr.org/web/wm An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper -- solid waste, including vehicle wash -down water, is leachate and must be capture and properly treated before release to the environment. (a) The leachate control system, such as floor drains, leachate collection devices, sanitary sewer connections and leachate storage tanks, must be operational during facility operations. 15A NCAC 13B .0402 (3) states that: "Water that comes in contact with solid waste will be contained on -site or properly treated prior to discharge from the site." On August 4, 2014, a transfer truck (owned and operated by K.R. Drenth Trucking, Inc.) was observed releasing leachate to the environment (leaking). Please reference the attached inspection report dated August 25, 2014 for the specific Permit Conditions cited in reference to the 15A NCAC .0203(d) violation noted above and for details pertaining to the other two violations and the specifics of the multiple inspections. The above deficiencies may have or can compromise the facility's ability to ensure protection of the public health and the environment and are in violation of permit conditions. Remedial action is required on behalf of the facility in order to achieve compliance. By October 19, 2012 the facility must complete the following corrective actions: a) Submit a Plan to the Section for review and approval that details contingency plans for leaking trailers and which clarifies whether the loaded transfer trailers are to be staged within the transfer bays. Note that as the transfer vehicles are removed from the bay during operational hours, containment of potential leachate leaks will be required as well; and b) Submit a Plan for review and approval to the Section that details a proposed soil and surface water assessment for the region impacted by the leaking transfer trailer, the region potentially impacted by the clogged trench drain associated with the lower transfer bay, and the outfall location potentially impacted by leachate reaching the storm water drain located outside the three active loading bays; and c) Upon completion of the corrective action(s) please notify me at (828) 296-4705. Plan for item "b" above should be submitted for approval to: Jackie Drummond NCDENR Solid Waste Section 1646 Mail Service Center Raleigh, NC 27699-1646 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 Page 2 of 3 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. If you have any questions please contact me by e-mail at bill.wagner@ncdenr.gov or by phone at (828) 296-4705. Sincerely, .cam Bill Wagner Environmental Senior Specialist Solid Waste Section c: Facility Compliance Inspection Report dated 8/25/14 ec: Jason Watkins, Field Operations Branch Supervisor — Solid Waste Section Jackie Drummond, Compliance Hydrogeologist—Solid Waste Section Sarah Rice, Compliance Officer —Solid Waste Section Brock Hall, Interim Director — Burke County General Services (brock.hall@burkenc.org) Page 3 of 3 1- V(-Z _fic Matl On/y Vo l�n urance�Coveragj Prov qei � �delweryfnformation wsr ou�website�t wwwu`sps com® CO Ln ,�Postage �- Certified Fee ru Postmark M p Return Receipt Fee (Endorsement Required) Here E3 Restricted Delivery Fee 0 (Endorsement Required) p Total Postage &Fees r-'9 Sent To Bryan Steen - Burke County Manager , Ott)r.q yl�% ....................�} 0 os Box 219 Morganton, NC 28680-0219_ _ - __.-----._-_--------_ ... , _., N Complete items 1, 2, and 3. Also complete item 4. if -Restricted Delivery is desired. ® Pnnt your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: t� Bryan Steen - Burke County Manager f Box-219 Morganton NC 28680-0219 A. Signature Agent Xy�-����+n ❑ Address B. Received by (Printed Name) C. Date of Deliv, '" "c di e, -e 1 % /' (1 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: �:Et No - --- -- --- -- 3. Service Type - ' Certified Mail®El Priority Mail Express" ❑ Registered ;, ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labs 7Q 12 1 100002 1, 9 6 5 =8 6 9a> PS Form 3811, July 2013 Domestic Return Receipt rE ru co OFFICIAL SE \LIrnI 117 Postage $ r9 Certified Fee ru Postmark C:1 Return Receipt Fee Here C3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r-q E:3 Total Postage & Fees T-9 nt To ru SFriTjf -) Bryan Steen - Burke County Manager or PO B Box 219 city, Ste Morganton, NC 28680-0219 Offl, ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. * Print your name and address on the reverse so that we can return the card to you. * Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Bryan Steen - Burke County Manager Box 219 Morganton, NC 28680-0219 A. Signature 11 Agent 0 Address B. Received by (Printed Name) Date of Del ivi It �611---" D. Is delivery, address different e rfi itemV' E,]�,Yes If YES, enter delivery0 70 low: 3. Service Type IR Certified Mail" 171 Priority Ma]11Exprete- 0 Registered 11 Insured Mail El Collect on Delivery 4. Restricted Delivery?, (Extra Fee) 0 Yes 2, Article Number �Z6)-Z"1 ?012 1010 0002 1965 82?4 (Transfer from service label) - ae PS Form 3811, July 2013 Domestic Return Receipt u v ru ®, a MM F j G n Er Postage $ ra Certified Fee Postmark N E3 p Return Receipt Fee (Endorsement Required) Here Restricted Delivery (Endorsement Required) C3 T-qI0 Total Postage & Fees To ----- R'' Sent -- Corporation Service Company, Registered Agent g'2�J�1 C Inc. K.R. Drenth Trucking, _ ........... Hillsborough St. aaiPinh. NC 27603-1725 _ m Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: Corporation Service Company, Registered_ ent K.R. Drenth Trucking, Inc. - -� 327 Hillsborough St. A. SigT/re 1 X ❑Agent E: Addre B. R9�&PdhyVjip te9eF4je)Y/1( I C t oJDel D. Is delivet)PJaddress d ferent froVfem 1? P Yes If YES, enter delivery address below: JO No Raleigh __, NC 27603-1725__3. Service Type b Certified Mail- ❑ Priority Mail Express'" ❑ Registered b Return Receipt for Merchandi: ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labeq 7 012 1010. 0 0 0 2 1965 818 2 PS Form 3811, July 2013 Domestic Return Receipt E3 Certified Fee Postmark � C3 Return Receipt Fee Here (Endorsement Required) 'G7 Restricted Delivery Fee 0 (Endorsement Required) 17-1 Lrl Total Postage & Fees C1 r Sent To 1-- -- ��--- Bryan Steen -Burke County Manager --- O Street, Po B Box 219 i r, or anton, NC 28680-0219 Ciry Sta -• —9Mor I ® Complete items 1, 2, and 3. Also complete- item 4 if Restricted Delivery is desired. 5 Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _ i - - — - — Manage j I Bryan Steen - Burke County i Box 219 � Morganton NC 28680-021 2. Article Number (Transfer from service label) PS Form 3811, July 2013 A. signature Agent X ❑ Addre B. Received by (Printed Name) C. Date of Del ,M I'C It Cc e a f1—R' '� `C D. Is delivery address different from item 1? U No If YES, enter delivery address below: rU fl 3. Se ice Type Certified Mail° C3 Priority Mail Express'" Registered ❑ Return Receipt for Merchanl ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 51,0 0032 4466 1322, ',� -,jam Domestic Return Receipt