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HomeMy WebLinkAbout74D_INSP_20170712FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Pitt Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 74D-LCID-1994 CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Inspection: 12 July 2017 Date of Last Inspection: 2 February 2017 FACILITY NAME AND ADDRESS: ER Lewis LCID Landfill #2 3034 Highway 33 Greenville, NC GPS COORDINATES: N: 35.684294 E: -077.427102 FACILITY CONTACT NAME AND PHONE NUMBER: Curt Williford; Safety & Environmental Compliance Officer 252.321.1101 FACILITY CONTACT ADDRESS: ER Lewis Construction Company PO Box 565 Greenville, NC 27835 Attn: Curt Williford E-mail: curt@erlewisconstruction.com PARTICIPANTS: Eddie Lewis; ER Lewis Construction Curt Williford; ER Lewis Construction Jason Watkins; NCDEQ-Solid Waste Andrew Hammonds; NCDEQ-Solid Waste Ray Williams; NCDEQ-Solid Waste Ray Williams; NCDEQ-Solid Waste STATUS OF PERMIT: Expired; Permit to Construct (PTC) and Permit to Operate (PTO) a Landclearing and Inert Debris Landfill issued 1 September 2010. PTO expired 1 September 2015. *A complete permit review request for the next five-year phase of construction and/or operations was due on or before 15 May 2015. A permit review request has been submitted and is currently under review. PURPOSE OF SITE VISIT: Comprehensive Facility Compliance Inspection STATUS OF PAST NOTED VIOLATIONS: 1) 15A NCAC 13B .0563 (a) states “The facility is to be operated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash.” RESOLVED: All unpermitted waste materials have been removed and properly disposed. 2) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the facility.” -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: FACILITY SPECIFIC FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 74D_INSP_20170712 Page 2 of 5 CONDITIONS (2)(c) states “The disposal unit boundary must be accurately identified with permanent markers.” RESOLVED: Markers have been installed identifying the disposal unit boundary. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS (2) states “This Facility must conform to the operations requirements of the NC Solid Waste Management Rules, 15A NCAC 13B .0566, and to the operational plan required by 15A NCAC 13B .0565(4).” UNRESOLVED: This Facility is not operating in compliance with the approved operational plan. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS (4) states “This facility is permitted to receive land clearing waste; yard trash; untreated and unpainted wood; uncontaminated soil; inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt in accordance with NCGS 130-294(m). RESOLVED: All unpermitted waste materials have been removed and properly disposed. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS (7) states “The permanent markers that accurately delineate the waste disposal boundary must be maintained.” RESOLVED: Markers have been installed identifying the disposal unit boundary. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS (8) states “Excavation, grading and fill material side slopes must not exceed a ratio of three horizontal feet to on vertical feet (3:1).” UNRESOLVED: Portions of the outside slopes of the landfill have been constructed and are being maintained at a ratio greater than three horizontal feet to on vertical feet (3:1). -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS Cover Material Requirements (15) states “Solid waste must be covered with 1 foot of suitable soil cover at least once per month or when the active working area reaches 1 acre in size, whichever occurs first, or more often when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire, windblown materials, vectors or excessive water infiltration.” RESOLVED: Solid waste disposed in this landfill is currently being covered with one foot of suitable soil cover at least once per month or when the active working area reaches 1 acre in size. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS Cover Material Requirements (17) states “Vegetative ground cover sufficient to control erosion must be established within 30 (thirty) working days upon completion of any phase of LCID landfill development or as addressed in the approved Sedimentation and Erosion Control permit.” UNRESOLVED: Vegetative ground cover sufficient to control erosion has not been established on the outside slopes or in completed development phases of the landfill. -LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74-C ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS Drainage Control and Water Protection Requirements (19) states “All required sedimentation and erosion control measures must be installed and maintained to mitigate excessive on-site erosion and to prevent silt from leaving the site of the landfill unit during the service life of the facility.” UNRESOLVED: The sedimentation and erosion control measures required to mitigate excessive on-site erosion have not been installed and maintained. 3) 15A NCAC 13B .0566 (2) states “The facility shall only accept those solid wastes which it is permitted to receive.” RESOLVED: All unpermitted waste materials have been removed and properly disposed. Currently only LCID waste is being disposed at this Facility. 4) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.” RESOLVED: Solid waste disposed in this landfill is currently being covered with one foot of suitable soil cover at least once per month or when the active working area reaches 1 acre in size. 5) 15A NCAC 13B .0566 (5) states “120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 74D_INSP_20170712 Page 3 of 5 sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.” UNRESOLVED: The completed phases of disposal operations have not been covered and sloped properly to allow surface water runoff in a controlled manner. 6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion.” UNRESOLVED: Adequate erosion control measures have not been utilized to prevent excessive on site erosion.” 7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development.” UNRESOLVED: Vegetative ground cover sufficient to control erosion has not been established on the outside slopes or in completed development phases of the landfill. Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above. ADDITIONAL COMMENTS: 1) This Facility is a Land Clearing and Inert Debris (LCID) Landfill. 2) This Facility is recorded with the Pitt County Register of Deeds at Book #460; Page #05. 3) This Facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood, uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt in accordance with NCGS 130-294(m). 4) This Facility is permitted to receive wastes generated within Pitt County. 5) The operating hours for this Facility are Monday through Friday from 8:00 AM to 5:00 PM. 6) The Facility is secured by means of a locked gate at the Facility entrance. The access gate was open upon my arrival and an attendant was on-site during this Facility Compliance Inspection. 7) Proper signage has been posted at the Facility entrance. 8) The Facility access road is of all-weather construction and is being maintained in overall good condition at this time. 9) Inert materials consisting of scrap concrete and asphalt are being stockpiled on-site in an area adjacent to the landfill for later crushing and reuse in accordance with NC GS 130A-309.05. *Please note that the State rules regarding recovered materials state that for a material to qualify as a recovered material, the majority of the material (75% or more) must be sold, used, or re-used within twelve months. 10) This Facility maintains a separate cell adjacent to the LCID for the disposal of yard trash. 11) Permanent, highly-visible markers delineating the permitted waste disposal boundary have been installed as required. 12) The Facility is currently maintaining one active working area which is being maintained in a compact and manageable size. 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 74D_INSP_20170712 Page 4 of 5 13) The active working area is being covered monthly or when it reaches one acre in size, whichever occurs first. 14) The waste type at the landfill working face was reviewed during this Facility Compliance Inspection; the waste type being disposed is LCID only and no unpermitted materials were observed during this Facility Compliance Inspection. 15) Erosion was observed in various areas on the outside slopes throughout the landfill. *As per our conversation, repair these areas by filling and grading at a slope not greater than 3:1. After repairing the erosion, please seed and mulch the areas to establish a groundcover suitable to prevent erosion of your landfill cap system. Additional surface water diversion devices should be installed to prevent excessive erosion. 16) Except for the southern outside slope, the landfill sideslopes are being maintained at a slope not greater than 3:1. *As per our conversation, please continue working to ensure all landfill slopes are maintained at a slope not greater than 3:1. 17) *As per our conversation, please continue working to establish a groundcover suitable to prevent erosion of your landfill cap system. Additional seeding and mulching will be necessary in order to establish a cover crop in the recently repaired areas. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 74D_INSP_20170712 Page 5 of 5 18) *Continued corrective actions are required as a result of this Facility Compliance Inspection. Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report. Ray Williams; Environmental Senior Specialist Phone: 252.948.3955 E-mail: ray.williams@ncdenr.gov Regional Representative Delivered on: 25 July 2017 by X Electronic delivery US Mail Certified No. cc: Andrew Hammonds; Eastern District Supervisor/SWS: andrew.hammonds@ncdenr.gov Jessica Montie; Chief Compliance Officer/SWS: jessica.montie@ncdenr.gov John Demary; Director/Pitt County Solid Waste & Recycling: jwdemary@pittcountync.gov C: \2017\Pitt\Facilities\74D\Inspections\74D_INSP_20170712 NCDEQ DWM Laserfiche Online Document Management System: http://edocs.deq.nc.gov/WasteManagement/Welcome.aspx   Go Green! Thank you for helping NCDEQ be environmentally responsible.