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HomeMy WebLinkAbout6403_NashC&D_DraftPermit_20170228 Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 1 of 12 North Carolina Department of Environmental Quality Roy Cooper Michael S. Regan 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 CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL Permit No. 6403-CDLF-2000 NASH COUNTY is hereby issued a PERMIT TO CONSTRUCT NASH COUNTY C&D LANDFILL PHASES 4 THROUGH 9 PERMIT TO OPERATE NASH COUNTY C&D LANDFILL PHASES 1, 2, AND 3 Located at 3057 Duke Road, north of Nashville, Nash 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 DRAFT Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 2 of 12 ATTACHMENT 1 General Facility Conditions Information Permit Issuance Expiration 6403-CDLF-2000 XX, XX, 2017 Life of Site PART I GENERAL FACILITY 1. This permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management 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 must be implemented in accordance with Attachment 2 of this permit. The permit approval to operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. This permit shall not be effective until the certified copy of this permit which references legal descriptions for all land within the solid waste management facility boundary is recorded in the Register of Deeds office and indexed in the grantor index under the name of the owner of the land in the county or counties in which the land is located. The certified copy of the permit affixed with the Register's seal and the date, book, and page number of recording must be returned to the Solid Waste Section within thirty (30) calendar days of issuance of this permit. If the Solid Waste Section does not receive the certified copy of the recorded permit within 30 calendar days of issuance of the permit, then and in that event, the permit is suspended and of no effect until the date the Solid Waste Section receives the certified copy of the recorded permit. 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must contain in the deed 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 this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 3 of 12 by 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 identified in Attachment 1, “List of Documents for Approved Plan,” which constitutes 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. 9. In accordance with NCGS 130A-295.2(g), the permittee must 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. 10. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for sedimentation and erosion control, and a General or Individual National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge 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 Management Facility Nash County, N.C. Register of Deeds Book Page Grantee (sold to) Acres 1573 958 Nash County 169.28 1158 69 Nash County 17.36 Plat 26 69 Survey for site suitability 84 2856 272 Recombination deed 186.6 Total Site Acreage: 186.6 acres Notes – The actual approved disposal area is 27.1 acres. The Nash County Property ID is 2893 004 99600. The Parcel ID is 048763. Permitting History Permit Issuance Date Doc ID Original Issue PTC – Phase 1 September 25, 1998 16129 PTC – Phase 1 revised, change in phasing December 6, 1999 16130 PTO – Phase 1A January 27, 2000 16131 PTO – Phases 1A and 1B May 8, 2000 16131 Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 4 of 12 PTO – Phases 1 and 2 April 20, 2005 16132 PTO – Phases 1 and 2 - Permit renewal February 22, 2012 16125 PTO – Phases 1-3 – Permit renewal September 23, 2014 21820 PTC Phases 4-9, PTO Phases 1-3, landfill expansion XX, XX, 2017 27380 1. Site Suitability for the site was issued on September 17, 1998 for the 84-acre parcel described in the survey. 2. The C&D Landfill is located adjacent to and southwest of the closed Nash County Municipal Solid Waste (MSW) Landfill (Permit No. 6401-MSWLF-1983) and closed Nash County C&D Landfill (6401-CDLF-1999). The closed C&D landfill is on top of the closed MSW landfill. The closed landfills are located on separate property parcels from the active C&D landfill. 3. In 2017, the landfill disposal area was expanded from 11 acres to 27.1 acres. Property from the adjacent parcel, Parcel 025628, which was previously a part of the closed MSW landfill property, was added to the C&D landfill parcel, Parcel 048763. PART II: LIST OF DOCUMENTS FOR APPROVED PLAN Note – Documents referenced in this permit (e.g., Doc ID 27382) can be viewed online at the NC Solid Waste Section website in the Documents database 1. Application for Site Suitability, May 1998. 2. Nash County C&D Landfill Permit Application, July 1998. 3. Hydrogeologic Report for Monitoring Well Installation and Piezometer Abandonment, May 14, 1999. 4. Revised Permit application to Modify Phases. Prepared by: Withers & Ravenel, Cary, NC. December 2, 1999. Sheets 2 of 5 and 3 of 5. Doc ID 16127. 5. Nash County C&D Landfill, Permit application for Phase 2. Prepared by: Withers & Ravenel, Cary, NC. March 2005. 6. Closure Plan, Post-Closure Plan, and Financial Assurance Application for Continue Operation. Prepared by: Garrett & Moore, Inc., Garner, NC. June 2008. Doc ID 12831 and 12832. 7. Application for Permit Renewal. Prepared by: Garrett & Moore, Garner, NC. March 2013, revised August 2014. Doc ID 21819. 8. Nash County C&D Landfill Horizontal Expansion, Permit to Construct Application. Prepared by: Garrett & Moore, Inc., Garner, NC. September 2014, revised through February 2017. Doc ID 27382. Design Hydrogeologic Report – Doc ID 27377. Water Quality and Gas Monitoring Plan – Doc ID 27378. - End of Section - Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 5 of 12 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT 1. Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans included in Attachment 1, List of Documents for the Approved Plan. 2. Prior to construction of each new phase or cell: a. The facility must furnish a copy of the approved Sedimentation and Erosion Control Plan from the NC Division of Energy, Mineral and Land Resources, to the Section. b. The permittee must conduct a preconstruction meeting at the facility and must notify the Section in writing at least 10 days prior to the meeting, as described in the approved CQA plan, Doc ID 27382. 3. 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. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources. The Section must be notified of any modifications. 4. Modifications or revisions of the approved documents or changes during facility construction must be submitted to the Section for review and approval prior to implementing the modifications or revisions. 5. Prior to operation of a new phase or cell of the facility (Phases 4 through 9): a. A construction quality assurance (CQA) report must be submitted, as described in the CQA plan, Doc ID 27382. The report must include certification by the project engineer that the area was built in accordance with approved plans and the conditions of the permit. b. Certain groundwater wells must be installed and sampled prior to operation of Phase 4 and Phase 7, as described in the approved monitoring plan (Doc ID 27378). Copies of well installation records and well abandonment records must be submitted to the Section. c. The edge of the waste footprint must be identified with permanent physical markers for the new unit. d. The Permittee must contact the appropriate regional environmental specialist and permitting engineer to determine whether the Section chooses to hold a pre-operative meeting with key facility personnel and representatives of the Section. e. The Permittee must obtain a Permit to Operate for the phase or cell. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 6 of 12 6. Facility construction 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 requirement under Sections 401 and 404 of the Clean Water Act, as amended. 7. Pursuant to Rule 15A NCAC 13B .0542(i)(2), burning of land-clearing debris generated on site as a result of construction activities requires approval by the Section prior to initiating the burn. In addition, the facility must ensure the activity is in compliance with all air pollution and open burning laws, regulations, and ordinances. - End of Section - ATTACHMENT 3 CONDITIONS OF OPERATING PERMIT PART I: OPERATING CONDITIONS 1. This permit is issued for the life-of-site as defined in G.S. 130A-294 (a2). 2. This permit approves the continued operation of Phases 1 through 3 of the landfill, as well as the onsite environmental management and protection facilities as described in the approved plans. 3. The following table lists the dimensions and details for the landfill, both existing and planned. Operation of any future phases or cells (Phases 4 through 9) requires written approval of the Section after documentation has been submitted that the area has been constructed in accordance with the approved plan, and applicable statutes and rules. Total gross capacity is defined as the volume measured from the bottom of waste through the top of final cover. The estimated life of the landfill is approximately through 2053. Phase Acres Gross Capacity (cy) Status 1 -3 11.3 785,692 Active 4 3.7 150,714 Future 5 2.1 209,922 Future 6 4.6 282,409 Future 7 2.1 260,067 Future 8 1.8 208,518 Future 9 1.7 508,034 Future Total 27.1 2,405,358 4. The permittee must maintain permanent markers that accurately identify the edge of the approved waste disposal boundary. 5. Fill operations must be contained within the approved elevation contours as shown on the approved application drawings. The maximum approved fill elevation for the landfill is 332 feet mean sea level, as shown on the engineering drawings in Doc ID 27382. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 7 of 12 6. The landfill is permitted to receive the following waste types: a. "C&D solid waste" as defined in 15A NCAC 13B, Rule .0532(8) means solid waste generated solely from the construction, remodeling, repair, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may be generated by the on-going operations at buildings or structures. b. “Inert debris” as defined in G.S. 130A-290 (a)(14) means solid waste that consists solely of material such as concrete, brick, concrete block, uncontaminated soil, rock, and gravel. c. “Land-clearing debris” as defined in G.S. 130A-290 (a)(15) means solid waste which is generated solely from land clearing activities, limited to stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. d. “Asphalt” in accordance with G.S. 130-294(m). 7. Wooden pallets as defined in N.C.G.S. 130A-290(44a) are not approved for disposal except for those pallets generated in C&D activities. 8. Regulated asbestos-containing material must be managed in accordance with 40 CFR 61. Disposal of asbestos waste must be in accordance with 15 NCAC 13B .0542 (c). 9. Those wastes listed in 15A NCAC 13B .0542 (e) must not be accepted for disposal including, but not limited to, hazardous waste, municipal solid waste, liquid waste, commercial and industrial wastes, and yard trash. 10. Wastewater treatment sludge is not approved for disposal. Wastewater treatment sludge may be accepted, with the approval of the Section, for utilization as a soil conditioner and incorporated into or applied onto the vegetative growth layer. The wastewater treatment sludge must not be applied at greater than agronomic rates nor to a depth greater than six inches. 11. The facility is approved to accept approximately 10,000 tons per year in 2010, with a 2% increase per year. Maximum variance shall be in accordance with NCGS 130A- 294(b1)(1). 12. The facility is permitted to receive C&D waste generated within Nash County, consistent with local government approval. 13. The permittee must not knowingly dispose of C&D waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of C&D waste from disposing of that type or form of C&D waste. b. Requires generators or collectors of C&D waste to recycle that type or form of C&D waste. 14. The facility operator must complete an approved operator training course in compliance with G.S. 130A-309.25. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 8 of 12 a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility while open for public use to ensure compliance with operational requirements. b. All pertinent landfill-operating personnel must receive training and supervision necessary to properly operate the landfill units in accordance with G.S. 130A- 309.25 and addressed by memorandum dated November 29, 2000. 15. The permittee must actively employ a training and screening program at the facility prepared in accordance with Rule .0544 (e) 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 all inspections. c. Training of personnel to recognize hazardous, liquid and other excluded waste types. d. Development of a contingency plan to properly manage any identified hazardous, liquid, MSW or other excluded or unauthorized wastes. The plan must address identification, removal, storage and final disposition of these wastes. 16. Alternative cover: a. In accordance with N.C.G.S. 130A-295.6, this landfill may use alternative daily cover (ADC) if an 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. The use of ADC that does not meet the requirements stated above requires approval of the Section prior to implementation. 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 added to the list of approved documents in Attachment 1. c. 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. Records must be made available to the Section upon request. d. The application of ADC materials in excess of normal application of daily cover of the material shall constitute disposal. 17. Financial assurance must be continuously maintained for the duration of the facility in accordance with Rule 15A NCAC 13B .0546 and N.C.G.S. 130A-295.2(h). The permittee must annually adjust cost estimates for closure and post-closure activities and Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 9 of 12 costs for potential assessment and corrective action at the landfill facility for inflation, pursuant to 15A NCAC 13B .0546. 18. 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. 19. 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. 20. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources. The Section must be notified of any sedimentation and erosion control plan modifications. 21. An updated closure and post-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 C&DLF 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 15 NCAC 13B .0543(c), 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, groundwater, and landfill gas monitoring. Monitoring and Reporting Requirements 22. Groundwater, surface water, and landfill gas monitoring locations must be established and monitored as identified in the approved plans (Doc ID 27378). Any proposed modification to an approved plan must be submitted to the Section and approved prior to implementation. 23. A licensed geologist must be present to supervise the installation of groundwater monitoring wells and landfill gas monitoring wells. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the Section Hydrogeologist at the time of well installation. 24. The permittee must obtain approval from the Section for the design, installation, and abandonment of any groundwater or landfill gas monitoring well. 25. Groundwater monitoring wells and surface water sampling locations must be sampled at least semi-annually in accordance with 15A NCAC 13B .0544, the approved water quality monitoring plan, and the current policies and guidelines of the Section in effect at the time of sampling. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 10 of 12 26. In accordance with 15A NCAC 13B .0544(d), landfill gas monitoring must be conducted quarterly, unless otherwise specified by the Section. 27. Hydraulic conductivity and effective porosity values must be established for each screened interval at each monitoring well in order to develop groundwater flow characteristics. 28. Monitoring reports of the analytical results for surface water and groundwater monitoring 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 Environment Monitoring Data Form, and d. laboratory data submitted in accordance with the EDD Template. 29. 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. 30. Documentation of well completion, development details, repair, abandonment, and all other pertinent activities associated with each groundwater and landfill gas monitoring well must be maintained in the facility operating record. The permittee must maintain a record of all groundwater, surface water, and landfill gas monitoring events and analytical data in the operating record. 31. Within 30 days of completed construction of each new groundwater and landfill gas monitoring well, a well construction record, well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. Form GW-1 must be used for both groundwater and landfill gas wells. The submittal must also include a scaled topographic map, showing the location and identification of new, existing, and abandoned wells and piezometers, and hydraulic conductivity and effective porosity values. 32. Each groundwater monitoring well and landfill gas well must be surveyed for location and elevation. Each groundwater monitoring well and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). 33. Within thirty (30) days of the abandonment of any groundwater monitoring well, the well abandonment record (GW-30 form) and any additional information included in the abandonment record must be certified by a Licensed Geologist, and submitted to the Section. A copy of the well abandonment records submitted to the Division of Water Quality, consistent with 15A NCAC 2C .0114(b), must be submitted to the Section. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 11 of 12 34. Landfill gas monitoring must be conducted by properly trained personnel. Landfill gas monitoring must include interior monitoring of onsite buildings. 35. Landfill gas monitoring results must be recorded on forms provided by the Section and be maintained in the facility’s operating record. 36. Within thirty (30) days of the abandonment of a landfill gas monitoring well, an abandonment record must be submitted to the Section. The boring must be abandoned in accordance with 15A NCAC 2C .0113(d) and be certified by a Licensed Geologist. Reporting and Recordkeeping 37. Copies of this permit, the approved plans, and all records required to be maintained in the operating record by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours. 38. The owner or operator 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) C&D wastes, (ii) material used as alternate periodic cover, and (iii) recyclable material. b. Daily records of waste received, and origins of the loads. 39. On or before August 1 annually, the Permittee must submit an annual facility report to the 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 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. 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 January 27, 2000 through the date of the annual volume survey must be included in the report. e. The tons of C&D 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. Permit No: 6403-CDLF-2000 Nash County C&D Landfill XX, XX, 2017 Doc ID 27380 Page 12 of 12 f. The completed report must be forwarded to the Regional Environmental Senior 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 the facility. Documentation that a copy of the report has been forwarded to the county managers must be sent to the Regional Environmental Senior Specialist by the date due on the prescribed annual facility report form. PART II: MISCELLANEOUS WASTE MANAGEMENT CONDITIONS 40. The facility accepts the following for recycling or recovery: electronic waste, waste oil, oil filters, antifreeze, cooking oil, lead acid batteries, land clearing debris and yard waste, waste tires, white goods, pallets, scrap metal, and household recyclables. The yard waste collection and processing area and the white goods management area are located on the C&D landfill property. The other waste management areas are located at the entrance to the facility close to Duke Road, as shown on Drawing 1, Doc ID 27382. 41. Wastes and recyclables must be maintained in reasonably sized piles with adequate fire breaks and lanes in accordance with the approved operational plans and the pertinent rules. 42. Surface water shall be diverted from all operational and storage areas to prevent standing water in operational areas and under or around storage piles. 43. White goods collection areas shall provide for the proper removal of chlorofluorocarbon refrigerants. 44. At least 75% by weight of recyclable and recovery material must be removed from the site within one year. 45. Land clearing debris, yard waste, and mulch must be stored in piles no larger than 30 feet high and 50 feet wide, with unlimited length. Adequate spacing between piles must be maintained to allow vehicle access in the event of a fire. Mulch and ground material containing yard waste must not be distributed to the public unless it has been composted in accordance with Rule .1406. 46. Areas must be operated and maintained with sufficient dust control measures to minimize airborne emissions and to prevent dust from becoming a nuisance or safety hazard. - End of Permit Conditions -