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HomeMy WebLinkAbout2601_CumberlandCoMSWLF_PTC ph4_PTOph1thru3_DIN26599_20161229 Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 1 of 21 North Carolina Department of Environmental Quality Division of Waste Management Pat McCrory Donald R. van der Vaart Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 Internet: http://deq.nc.gov/about/divisions/waste-management/solid-waste-section An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No. 2601-MSWLF-1997 CUMBERLAND COUNTY is hereby issued a PERMIT APPROVAL TO CONSTRUCT ANN STREET MUNCIPAL SOLID WASTE LANDFILL - PHASES IV, V & VI PERMIT APPROVAL TO OPERATE ANN STREET MUNCIPAL SOLID WASTE LANDFILL – PHASES I THROUGH III PERMIT FOR CLOSURE NOT APPLICABLE located on Ann Street, City of Fayetteville, Cumberland 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. Edward F. Mussler, III, P.E. Permitting Branch Supervisor Solid Waste Section Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 2 of 20 ATTACHMENT 1 GENERAL PERMIT CONDITIONS/INFORMATION PERMIT APPROVAL TO OPERATE DATA TABLE Permit Number Status Issuance Date Expiration Date DIN 2601-MSWLF-1997 Active December 29, 2016 October 06, 2038 26599 DIN = Document Identification Number. PART I: GENERAL FACILITY 1. This permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management (Division), Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule (Rule) 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts: a Permit Approval to Construct and a Permit Approval to Operate. The Permit Approval to Construct (PTC) must be implemented in accordance with Attachment 2 of this permit. The Permit Approval to Operate (PTO) must be implemented in accordance with Attachment 3 of this permit. a. Pursuant to N.C.G.S. 130A-294(a2), this PTC and PTO shall expire October 6, 2038 which is consistent with the term of the thirty-(30)-year Franchise Agreement (DIN 26324) between the City of Fayetteville and Cumberland County (Permittee) starting from October 6, 2008 and ending on October 6, 2038. b. Pursuant to Rule 15A NCAC 13B .1604(b)(2)(H), the permittee must commence construction authorized by this PTC for the lined MSWLF – Phase IV within 18 months from the issuance date of this permit. Construction includes, but is not limited to, issuance of construction contracts, mobilization of equipment on site, and related construction activities including installation of sedimentation and erosion control structures. If construction does not begin within 18 months from the issuance date of this permit, then the PTC for the lined MSWLF – Phases IV defined in this permit shall expire June 30, 2018. However, the permittee may re- apply for the PTC prior to this expiration date, and the re-application will be subject to the statutes and rules in effect on that date. c. Pursuant to the N.C.G.S. 130A-295.8(b)(1) the permittee must submit to the Section a request for a permit review and to obtain a new PTC and/or PTO for expansion and operation of the future landfill phase (s)/cells which are defined in the approved Facility Plan. The permit application for a permit review must update pertinent plans to the landfill facility including facility plan, engineering plan, operations plan, closure & post-closure plan, financial assurance cost estimates, environmental media monitoring plans, and any other applicable Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 3 of 20 modification to the plans, which shall be made in accordance with rules in effect at the time of review. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. The Permit to Construct for the MSWLF dated May 16, 1996 has been registered in the Cumberland County Register of Deeds on June 03, 1996; Deed Book 450, Pages 207-212 (DIN 26601). 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a sanitary landfill and a reference by book and page to the recordation of the permit. 5. By beginning construction or receiving waste at the facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Construction or operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules (Rule), 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (N.C.G.S. 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Rules shall take precedence unless specifically addressed by a permit condition. Failure to comply may result in compliance action or permit revocation. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in the “List of Documents for the Approved Plan” which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 8. 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 N.C.G.S. 130A-295.2(g) the permittee shall 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. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 4 of 20 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit, if applicable and a sedimentation and erosion control permit. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Cumberland County, N.C. Register of Deeds Book Page Grantee Grantor Acres* 2756 187 - 189 The County of Cumberland Campbell Company 354.5 Total Site Acreage: 354.5 acres * The 354.5-acre landfill facility property includes buffers, the lined MSWLF (Permit No. 2601- MSWLF-1997), which has the waste footprint of approximately 55.3 acres and the closed unlined MSWLF Phase 1 (Permit No. 2601-MSWLF-1980), which has a waste footprint of approximately 70 acres (Category 1 and 3 Closure Areas). The approved disposal area of the C&DLF unit (Permit No. 2601-CDLF-1997) is approximately 27.5 acres and is located on top of the closed MSWLF Phase 1 (Category 1 Closure Area which encompassed approximately 27.5- acre waste footprints). PART II: SUBTITLE D/LINED MUNICIPAL SOLID WASTE LANDFILL (MSWLF) UNIT(S) Permitting History Permit Type Date Issued DIN Original Issuance for the unlined landfill April 25, 1980 - Amendment (Transition Plan) for the unlined landfill October 3, 1996 - Subtitle D/Lined MSWLF Permit to Construct Phase I May 16, 1996 - Permit to Construct Phase II March 13, 2000 - Permit to Operate Phase II February 12, 2001 - Permit to Operate Phase II February 12, 2006 - Permit to Operate Phase III June 15, 2012 16753 Permit to Construct - Phase IV and Permit To Operate for Phases 1 through III (Life-Of-Sit Permit) December 29, 2016 26599 List of Documents for the Approved Plan DOCUMENT ID NO. (DIN) DOCUMENT DESCRIPTION Phase I Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 5 of 20 - Construction Quality Assurance Report, Ann Street Subtitle D Landfill, Cells 1-5, Cumberland County, NC, Volumes 1 and 2, prepared by Camp, Dresser and McKee, dated November 14, 1997. - Well Construction Records/Initial Sampling Results, Monitoring Wells around Cells 1-5 and Leachate Pond, prepared by CDM, dated December 15, 1997. Phase II - Volume 1 of 3; Phase II (Cells 6 - 8) Ann Street Subtitle D Landfill Construction Quality Assurance; CQA Report and Appendix "A", dated February 6, 2001 and received February 6, 2001. - Volume 2 of 3; Phase II (Cells 6 - 8) Ann Street Subtitle D Landfill Construction Quality Assurance; CQA Report and Appendix "A" Continued, dated February 6, 2001 and received February 6, 2001. - Volume 3 of 3; Phase II (Cells 6 - 8) Ann Street Subtitle D Landfill Construction Quality Assurance; CQA Report and Appendix "A" Continued, Appendix "B", Appendix "C", and Appendix "D", dated February 6, 2001 and received February 7, 2001. - Certification letter from Joseph F. Wiseman, Jr., dated February 6, 2001, and received February 6, 2001 as addendum to Volume 1 of 3. - Monitoring Well Installation Report for MW-I and MW-J, dated January 10, 2001, received January 11, 2001. Phase III 307 Volume 1 of 2 (only) (Vertical Expansion of existing Cells 1 - 8) Ann Street Subtitle D Landfill Permit Amendment Application. October 25, 2005 and revised July 2006. 8838 Volume report for Phases I through IV. Prepared by CDM, Raleigh. February 10, 2010. 11164 Comprehensive Landfill Inspection Plan. Prepared by CDM, Raleigh. June 30, 2010. Submitted in response to May 12, 2010, Compliance Order issued as part of Facility Compliance Audit conducted July 1, 2010. 13544 Revised Operation Plan Amendment including Asphalt Shingles and Concrete Recycling. Prepared by CDM, Raleigh. March 28, 2012. 26023 Cumberland County Subtitle D Landfill – Phase III Interim Closure Modification. Prepared by CDM Smith, Raleigh. April 22, 2016. 26572 Cumberland County Subtitle D Landfill – Phase III Operating Capacity Modification. Prepared by CDM Smith, Raleigh. August 03, 2016. Phase IV 26604 Cumberland County Subtitle D Landfill Phase IV Permit To Construct Application. Prepared by CDM Smith, Raleigh. August 2015 and revised through September 2016. The application includes the Design Hydrogeologic Report Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 6 of 20 (DIN 26012), the Water Quality Monitoring Plan (DIN 25252) and Landfill Gas Monitoring Plan (DIN25253). PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) The Cumberland County Construction and Demolition Debris Landfill (C&DLF) Unit that is located on the top of the southern portion of the closed unlined MSWLF Phase 1 (Category 1 Closure Area encompassed approximately 27.5 acres) is an active landfill unit and operating under Solid Waste Permit Number 2601-CDLF-1997. Please refer to the Permit Approval To Operate (DIN 24353) for the permit history and list of approved documents of the C&DLF Unit. PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable. PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT (S) Not Applicable. - End of Section – ATTACHMENT 2 CONDITIONS OF PERMIT APPROVAL TO CONSTRUCT PART I: GENERAL FACILITY CONSTRUCTION CONDITIONS 1. The permittee must conduct a preconstruction meeting at the landfill facility prior to initiating construction of any phase/cell/sub-cell of the landfill units and must notify the Section at least 10 days prior to the meeting. 2. Pursuant to the Rule 15A NCAC 13B .1626(5), open burning solid waste without prior approval is prohibited at this landfill facility. 3. This facility shall conform to the specific conditions set forth in this permit and the provisions of Rule 15A NCAC 13B .1604(b)(2). EROSION AND SEDIMENTATION CONTROL REQUIREMENTS 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill units during the service life of the facility. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 7 of 20 5. All earth disturbing activities must be conducted in accordance with the approved Erosion and Sediment Control Plan, the Sedimentation Pollution Control Act of 1973 (15A NCAC 4), and consistent with any other local, state or federal requirements. 6. 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. 7. Modifications to the approved sedimentation and erosion control activities require approval by the North Carolina Land Quality Section. The Section must be notified of any sedimentation and erosion control plan modifications. GEOLOGIC, GROUND WATER AND MONITORING REQUIREMENTS 8. Prior to construction of the sub-cells or cell(s) within the phase, all piezometers, borings, and groundwater monitoring wells within the footprint must be properly abandoned in accordance with 15A NCAC 2C .0113 (b)(1), entitled “Abandonment of Wells.” 9. In areas where soil is to be undercut, abandoned piezometers, monitoring wells and borings must not be grouted to pre-grade land surface, but to the proposed base grade surface to prevent having to cut excess grout or possibly damaging the wells. 10. A Licensed Geologist must report any pertinent geological feature(s) exposed during phase or cell excavation. Prior to placing any landfill liner, the geologist must submit to the Section Hydrogeologist a written report that includes an accurate description of the exposed geological feature(s) and effect of the geological feature(s) on the design, construction, and operation of the cell, phase, or unit. 11. A Licensed Geologist must supervise installation of groundwater monitoring wells and surface water sampling stations. 12. Any modification to the approved water quality monitoring, sampling, and analysis plan must be submitted to the Section Hydrogeologist for review. 13. Within 30 days of completed construction of each new groundwater monitoring well or landfill gas monitoring well, a well construction record (GW-1 form), typical well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 8 of 20 14. The permittee must provide a plan sheet-sized, scaled topographical map, showing the location and identification of new, existing, and abandoned wells and piezometers after installation of groundwater monitoring wells. 15. Within thirty (30) days of the completed permanent abandonment of a ground-water monitoring well, the well abandonment record (GW-30 form) and any additional information included in the abandonment record) must be submitted to the Section. The well abandonment records must be submitted to the Solid Waste Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. 16. All forms, reports, maps, plans, and data submitted to the Section must include an electronic (pdf) copy. PRE-OPERATIONAL CONDITIONS 17. The following conditions must be met prior to receiving wastes at the newly constructed phases, cells, or sub-cells of any landfill unit: a. The permittee must obtain a Permit Approval to Operate from the Section for operating the constructed phases, cells or sub-cells of the landfill unit in accordance with 15A NCAC 13B .0201(d). b. Site preparation, final landfill base grading, and vertical separation requirements are in accordance with the Rule 15A NCAC 13B .1624, and the approved plan (DIN 26604). i) A written Construction Quality Assurance (CQA) report including: A certification by a professional engineer registered in the State of North Carolina. ii) As-built drawings demonstrating that the landfill base liner system was built in accordance with Rule 15A NCAC 13B .1624. iii) The approved CQA plan (DIN 26604), and the conditions of the permit must be submitted to the Section for review and approval. c. The permittee must contact the appropriate regional Solid Waste Management Specialist to determine whether the Section chooses to hold a pre-operative meeting including a site inspection with key landfill personnel and the Section’s representatives for the purpose of demonstrating that the facility construction is consistent with approved plans and specifications. d. New groundwater monitoring wells, and landfill gas monitoring wells shall be installed, and surface water sampling locations shall be established. A baseline sampling event for background water quality shall be performed in accordance Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 9 of 20 with Rule 15A NCAC 13B .1633, and approved water quality monitoring plan. Well construction records and sampling results shall be submitted to the Section Hydrogeologist for review and approval prior to issuing the Permit Approval to Operate. e. The permittee shall completely implement and install site access, security, signs, and safety requirements in accordance with Rule 15A NCAC 13B .1626. f. The edge of the waste footprint must be identified with permanent physical markers. g. Documentation of financial assurance mechanisms must be submitted to the Section. The financial assurance amount must include closure and post-closure costs including the new phase, cell, or sub-cell to receive the Permit Approval to Operate in accordance with N.C.G.S. 130A-295.2 and rule 15A NCAC 13B .1628. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT CONSTRUCTION CONDITIONS 18. This permit approves the revised Facility Plan (DIN 26604) that defines the comprehensive development of the lined MSWLF unit encompassing a 55.3-acre waste footprint and consisting of six (6)-phases of development – Phases I through VI with a total gross capacity of 6,739,400 cubic yards (CY) (DIN 26572), which is measured from the top of the protective cover to the top of final cover as shown on the Sheet Nos. LC-3, LO-4, and LO-6 (DIN 26604) and summarized in the following table: Phased Development Waste footprint (acre) Goss Capacity (CY) Status I (Cells 1 through 5) 22.9 4,304,653 Constructed and receive wastes (this PTO) II (Cells 1 through 8) 19.1 III Vertical expansion over Phases I & II IV (Cells 9 & 10) 13.3 928,609 Approved to be constructed (this PTC) V Vertical expansion 928,609 VI Vertical expansion 577,529 Totals 55.3 6,739,400 19. Pursuant to Rule 15A NCAC 13B .0201(d)(1), this permit approves: a. The construction of the lined MSWLF - Phase IV, a lateral expansion of the MSWLF unit consisting of two cells, Cells 9 & 10 which encompass waste Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 10 of 20 footprint 6.3 acres and 7.0 acres, individually as shown on Sheet Nos. LO-1 & LO-2 (DIN 26604). b. The construction of the lined MSWLF - Phases V & VI, a vertical expansion over the Phases I through IV as shown on Sheet Nos. LO-3, LO-4, & LO-6. c. Construction of Phases IV, V & VI shall only be in accordance with the approved plans and drawings listed in Part II of Attachment 1 of this permit and the requirements stipulated in Rules 15A NCAC 13B .1600. d. Pursuant to N.C.G.S. 130A-295.8(b)(1), if any change to the approved engineering plan for constructing the lined MSWLF – Phase IV, V, or VI is proposed, the permittee shall submit to the Section a major permit modification application to the approved permit to construct application, which shall be prepared according to Rule 15A NCAC 13B .1617 for review and approval before construction activities commence. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable. PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable. PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT (S) Not Applicable. - End of Section- ATTACHMENT 3 CONDITIONS OF PERMIT APPROVAL TO OPERATE PART I: GENERAL FACILITY OPERATION CONDITIONS 1. Pursuant to N.C.G.S. 130A- 309.09A(g), the permittee must not knowingly dispose of solid wastes including municipal solid waste (MSW) and construction or demolition debris (C&D) solid waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of solid waste from disposing of that type or form of solid waste. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 11 of 20 b. Requires generators or collectors of solid waste to recycle that type or form of solid waste. 2. This facility is permitted to receive non-hazardous solid waste, as defined in N.C.G.S. 130-290 (a) (35) that is: a. Generated from the boundaries of Cumberland County, North Carolina and from the municipalities inside Cumberland County which is consistent with the 30- year franchise agreement between Cumberland County and the City of Fayetteville effective October 6, 2008 (DIN 26324). b. MSW waste, including C&D waste as defined in N.C.G.S. 130-290 (a)(18a) and (4), except where prohibited by the franchise agreement, N.C.G.S. Article 9 of Chapter 130A, and the 15A NCAC 13B rules. 3. The facility must not accept the following wastes for disposal, at a minimum: hazardous waste, yard trash, white goods, tires, recyclable rigid plastic bottles, wooden pallets, motor vehicle oil filters, liquid wastes, regulated medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and wastes banned from disposal in N.C.G.S. 130A-309.10(f). 4. The facility operator must complete an approved operator training course in compliance with N.C.G.S. 130A-309.25. a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility at all times while open for public use. b. All pertinent landfill-operating personnel must receive training and supervision necessary to properly operate the landfill units in accordance with N.C.G.S. 130A- 309.25 and addressed by memorandum dated November 29, 2000. 5. The permittee must actively employ a training and screening program at the facility prepared in accordance with applicable Rules, N.C.G.S. 130A-295.6(g), and the approved Operations Manual (DIN 26604) for detecting and preventing the disposal of excluded or unauthorized wastes. At a minimum, the program must include: a. Random inspections of incoming loads or other comparable procedures. b. Records of any inspections. c. Training of personnel to recognize hazardous, liquid, and other excluded waste types. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 12 of 20 d. Development of a contingency plan to properly manage any identified hazardous, liquid, or other excluded or unauthorized wastes. The plan must address identification, removal, storage and final disposition of these wastes. 6. Closure and post-closure activities for any landfill unit at this facility must be conducted in accordance with the approved Closure and Post-Closure Plans (DIN 26604) and applicable Rules 15A NCAC 13B .1627 & .1629. 7. Modification of the approved closure plan to construct an alternative cap system is allowed by Rule 15A NCAC 13B .1627; however, the modified closure plan must be submitted for approval at least ninety (90) days prior to closure or partial closure of any landfill unit. The plan must include all steps and measures necessary to close and maintain the landfill unit in accordance with all rules in effect at that time. At a minimum, the plan must address the following: a. Design of a final cover system in accordance with Rule 15A NCAC 13B.1627, or the solid waste management rules in effect at the time of closure. b. Construction and maintenance/operation of the final cover system and erosion control structures. c. Surface water, ground water, and explosive gas monitoring. 8. Financial assurance must be continuously maintained for the duration of the facility. The permittee must annually update and adjust closure and post-closure cost estimates and costs for potential assessment and corrective action at the landfill facility for inflation according to N.C.G.S. 130A-295.2. 9. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act N.C.G.S. 113A-50, et seq. and rules promulgated under 15A NCAC 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. 10. The permittee must properly maintain permanent physical markers that accurately identify the edge of the approved waste footprint for all active, inactive, and closed disposal units at the landfill facility. ENVIRONMENTAL MEDIA MONITORING AND REPORTING REQUIREMENTS General Conditions Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 13 of 20 11. Groundwater, surface water, and landfill gas monitoring locations must be established and monitored as identified in the approved plans (DIN 25252 & 25253). 12. The permittee must implement the following permit conditions: a. The permittee must obtain approval from the Section for the design, installation, and abandonment of any groundwater or landfill gas monitoring well. b. Each groundwater and landfill gas monitoring well must be surveyed in accordance with Rule 15A NCAC 13B .1632(d)(1). c. Each groundwater and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). d. The permittee must maintain the following documentations in the facility operating record in accordance with Rule 15A NCAC 13B .1626(10): i) The report for each monitoring event of groundwater, surface water, and landfill gas and pertinent analytical data. ii) Documents of well completion, development details, repair, abandonment, and all other pertinent activities associated with each groundwater and landfill gas monitoring well. e. A readily accessible, unobstructed path must be maintained so that groundwater and landfill gas monitoring wells, and surface water sampling locations are accessible using four-wheel drive vehicles. Water Quality Monitoring and Reporting Conditions 13. Groundwater and surface water monitoring at this landfill facility must be conducted in compliance with Rules 15A NCAC 13B .1630 through .1637, & .0602, and the approved monitoring plan (DIN 25252). Any proposed modification to an approved plan must be submitted to the Section and approved prior to implementation. 14. Groundwater quality is subject to 15A NCAC 2L – Groundwater Classifications Standards and the Groundwater Protection Standards (GPS) established under Rule 15A NCAC 13B .1634(i). Surface water is subject to 15A NCAC 2B – Surface Water and Wetlands Standards. 15. Unless otherwise specified by the Section, surface water locations and groundwater monitoring wells must be sampled at least semi-annually in accordance with applicable Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 14 of 20 Rules, the approved monitoring plan (DIN 25252), and the current policies and guidelines of the Section in effect at the time of sampling. 16. Monitoring reports of the analytical results for groundwater and surface water sampling events must be submitted to the Section within 120 days of the sample collection date. Analytical laboratory data must be submitted in electronic format (pdf) and in a spreadsheet format in an Electronic Data Deliverable (EDD) Template. All monitoring reports must contain: a. A potentiometric surface map for the current sampling event. b. Analytical laboratory reports and summary tables. c. A completed Solid Waste Environmental Monitoring Data Form. d. Laboratory data submitted in accordance with the EDD Template. 17. The permittee must implement the following permit conditions: a. For MSWLF Unit. The four independent samples which comprise the initial baseline sampling event must be collected from each new installed groundwater monitoring well in accordance with 15A NCAC 13B. 1633(b). b. The report including analytical data must meet the requirements stated in the Permit Condition No. 16 of Part I, Attachment 3 and be submitted to the Section for review. Landfill Gas Monitoring, Management, and Reporting Conditions 18. A landfill gas monitoring event must include monitoring for all explosive gases and must be conducted at the facility including interior monitoring of on-site buildings in accordance with the approved landfill gas monitoring plan (DIN 25253) and Rule 15A NCAC 13B .1626 (4). Any proposed modification to an approved plan must be submitted to the Section Hydrogeologist and approved prior to implementation. 19. The permittee must sample landfill gas quarterly unless otherwise required for corrective action or specified by the Section. 20. Landfill gas monitoring reports must be placed to the facility’s operating record, according to Rule 15A NCAC 13B .1626(10), within 7 days of the monitoring event, and must include a description of the monitoring method used, the sampling results of each well and onsite buildings in percent of the lower explosive limit (LEL), date of Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 15 of 20 monitoring, weather conditions, calibration report, and signature of the sampling personnel. 21. If landfill gas monitoring reveals detections of methane greater than 25 percent of the LEL in onsite buildings, or detections of LEL at the compliance boundary, the permittee must comply with the requirements of Rule 15A NCAC 13B .1626(4). 22. The permittee must employ properly trained personnel to conduct gas monitoring and to operate and maintain the constructed landfill gas collection and control system (LFGCCs). 23. The permittee must maintain the valid permit (s) from the North Carolina Division of Air Quality and comply with any local, state or federal regulations including routinely reporting requirements to operate the existing LFGCCs. RECORDING AND RECORDKEEPING 24. Copies of this permit, the approved plans, and all records required to be maintained by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours. 25. The permittee must maintain records of the following. Scales must be used to weigh the amount of waste received. The daily reports are to be summarized into a monthly report for use in the required annual reports. a. The amount of all accepted solid waste materials as (i) MSW (ii) C&D wastes, (iii) material used as alternate periodic cover, and (iv) recyclable material. b. Daily records of waste received, and origins of the loads. 26. On or before August 1 annually, the permittee must submit an annual facility report to the Solid Waste Section, on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The annual facility report must list the amount of waste received and landfilled in tons and be compiled: i) On a monthly basis. ii) By county, city or transfer station of origin. iii) By specific waste type. iv) By disposal location within the facility. v) By diversion to alternative management facilities. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 16 of 20 c. A measurement of volume utilized in the landfill cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. d. The amount of waste, in tons from scale records, disposed in landfill cells from May 16, 1996 through the date of the annual volume survey must be included in the report. e. The tons of waste recycled, recovered or diverted from disposal including a description of how and where the material was ultimately managed, as applicable, must be included in the report. f. The completed report must be forwarded to the Regional Solid Waste Management Specialist for the facility by the date due on the prescribed annual facility report form. g. A copy of the completed report must be forwarded to each county manager for each county from which waste was received at the facility. Documentation that a copy of the report has been forwarded to the county managers must be sent to the Regional Solid Waste Management Specialist by the date due on the prescribed annual facility report form. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) 27. This permit approves the continued operation of the lined MSWLF – Phases I, II, & III as well as the onsite environmental management and protection facilities as described in the approved plans (DIN 26572 & 26604) . 28. The Phases I, II, & III of the lined MSWLF unit have approved total gross capacity of 4,304,563 CY and encompass a waste footprint of 42 acres as described in the approved plan (DIN 26572). The maximum approved fill elevation for the Phases I, II, & III is up to the elevation of approximately 215 feet above mean sea level (amsl) and with side slopes as shown on Figure 1-1 (DIN 26572). 29. Operation of any MSWLF future phases including Phases IV (a lateral expansion) and Phases V & VI (vertical expansions) requires written approval from the Section and must be constructed to meet the Pre-Operational Permit Conditions in the Attachment 2 of this permit and in accordance with applicable statutes and rules in effect at the time of review. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 17 of 20 30. Spoiled food, animal carcasses, slaughterhouse or hatchery waste, or other animal waste received must be immediately buried and covered with a layer of soil followed by non- putrescible municipal solid waste in accordance with Rule 15 NCAC 13B .1626(1)(c). 31. Regulated asbestos-containing material as defined in 40 CFR 61 must be managed in accordance with 40 CFR 61. This lined MSWLF is permitted to dispose of non-friable asbestos waste in accordance with Rule 15A NCAC 13B .1626(1)(d). 32. The lined MSWLF is permitted to co-dispose of wastewater treatment sludge generated within the facility's approved service area, subject to the terms and procedures of the approved plan and Rule 15A NCAC 13B .1626(1)(e). 33. In accordance with N.C.G.S. 130A-295.6(h1) this landfill may use alternative daily cover (ADC) according to the following conditions: a. ADC and pertinent applications have been previously approved at another sanitary landfill in North Carolina. The Section maintains a list of approved ADC and its appropriate use, which may be referred to, but is not required to be, in determining ADC types and uses. b. ADC and pertinent applications of ADC are described in the approved Operations Plan (DIN 266042). The lined MSWLF is approved to use the following ADCs: Rusmar Foam and a soil/mulch mixture. 34. The use of ADC that does not meet the requirements stated in Permit Condition No. 33 requires approval, prior to implementation, by the Section. Requests for ADC approval must include a plan detailing the comprehensive use and a demonstration of the effectiveness of the alternative cover, developed according to Section guidelines. Plans that are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. 35. The permittee must maintain records for all solid waste materials accepted and used as ADC. The records must include: the date of receipt, weight of material, general description of the material, identity of the generator and transporter, and county of origin. Such records must be made available to the Section upon request. The application of ADC materials in excess of normal application of daily cover of the material shall constitute disposal. 36. The use of leachate recirculation as a leachate management tool requires approval by the Section prior to implementation. Requests for leachate recirculation approval must include a comprehensive management plan developed according to Section guidelines Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 18 of 20 and which is consistent with the approved operation plan. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. Leachate recirculation may take place only in landfill areas equipped with a base liner that meets the design requirements of Rule 15 NCAC 13B .1624(b)(1)(A)(i). 37. Pursuant to N.C.G.S. 130A-295.6(h), the permittee must properly clean and maintain the function of the leachate collection and removal (LCR) system. a. The LCR system must be cleaned and flushed every two years to remove any accumulation of debris, sediment, or organic growth as found necessary for proper functioning and to address buildup of leachate over the liner in accordance the approved Operations Plan (DIN 23822) and Rules 15A NCAC 13B .1626(12)(a) & 1680. b. The permittee must conduct remote camera inspections of the leachate collection lines at least once every five years. c. The permittee must maintain documentations of the leachate line inspections, cleaning, and monitoring in the operating records of the facility and provided to the Section upon request. 38. The permittee must complete the following permit conditions of cell activation prior to receiving any waste at a landfill cell: a. Inside the sub-cell, areas of the protective layer that are subjected to soil erosion must be properly backfilled with the earthen material specified in the approved Construction Quality Assurance Plan (DIN 26604), compacted, re-graded, and restored to the approved grade lines. b. The LCR piping must be properly connected to the existing LCR piping and leachate landfill outlet and concrete manhole so that collected leachate inside the new cell can flow as functional as originally designed. c. The geosynthetic rain cover (if any) must be removed and properly disposal off. d. The geotextile that is wrapped around gravel/coarse aggregate columns, which are placed in the leachate landfill outlet and enveloped around leachate piping trenches, to prevent the LCR from silting up must be properly cut, removed, and disposed so that waste can be placed in direct contact with gravel/coarse aggregate. Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 19 of 20 e. Documents of completing the cell activation activities stated in the paragraphs a. through d. of this permit condition must be included in the operating records of the facility and provided to the Section upon request. 39. Untreated leachate must be sampled and analyzed at least semi-annually concurrently with the groundwater water and surface water sampling. The leachate must be analyzed for all Appendix I constituents, pH, specific conductance, BOD, COD, nitrates, sulfates, and phosphates. Test results must be submitted to the Section along with groundwater and surface water test results. In the event leachate is recirculated, additional leachate sampling may be required. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Please refer the Permit Approval To Operate (DIN 24353) for the operating conditions of the C&DLF Unit under the Solid Waste Permit Number 2601-CDLF-1997. PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable. PART VI - TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable. PART VII- MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT(S) The permit conditions to operate the Miscellaneous Solid Waste Management Units at the Ann Street Landfill Facility can be referred in the Permit Approval To Operate (DIN 24353) for the C&DLF Unit under Solid Waste Permit Number 2601-CDLF-1997. - End of Section- ATTACHMENT 4 CONDITIONS OF PERMIT FOR CLOSURE PART I: GENERAL FACILITY Not Applicable. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable. PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable. PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Facility Permit No: 2601-MSWLF-1997 Permit Approval To Construct & Operate December 29, 2016 DIN 26599 Page 20 of 20 Not Applicable. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable. PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT UNIT(S) Not Applicable. - End of Permit Conditions -