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HomeMy WebLinkAbout8607_NewRiverTire_TP_RenewalPTO_DIN28416_20171018 New River Tire Recycling, LLC Facility Permit No: 86-07 Permit to Construct and Operate October 18, 2017 Page 1 of 9 DIN 28416 North Carolina Department of Environmental Quality Division of Waste Management Roy Cooper Michael S. Regan Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-508-8400 \ FAX: 919-715-4061 \ Internet: http://portal.ncdenr.org/web/wm/sw An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SCRAP TIRE FACILITY PERMIT NO. 8607-TIRETP-2013 BEN BRYANT and NEW RIVER TIRE RECYCLING LLC ARE HEREBY ISSUED A PERMIT TO CONSTRUCT A SCRAP TIRE COLLECTION AND PROCESSING FACILITY AND PERMIT TO OPERATE A SCRAP TIRE COLLECTION AND PROCESSING FACILITY located on 312 East 52 Bypass, Pilot Mountain, Surry 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. Edward F. Mussler, III, P.E., Permitting Branch Supervisor Solid Waste Section - This page left intentionally blank - New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 3 of 9 DIN 28416 ATTACHMENT 1 PART I: PERMITTING HISTORY Permit Type Date Issued DIN Permit to Construct and Operate December 20, 2013 20228 Conditional Permit to Operate [requires documentation of full Certificate of Occupancy from Surry County to remain valid after June 12, 2014.] March 20, 2014 20758 Receipt of Certificate of Occupancy, Full Permit to Operate June 12, 2014 21252 Permit to Operate (Renewal) October 18, 2017 28416 PART II: LIST OF DOCUMENTS FOR THE APPROVED PLAN 1. Application for Permit for a Scrap Tire Collection and Processing Facility. Prepared by: Benjamin Bryant, P.O. Box 1375, Hillsville, VA. July 11, 2013, revised September 25, 2013, with resubmittal received November 12, 2013. [DIN 20251] 2. Certification of Construction. Submitted by Benjamin Bryant, Facility Owner and Operator. March 20, 2014. [DIN 20757] 3. Certificate of Occupancy. Prepared by: County of Surry. Prepared for: Ben Bryant. June, 11, 2014. [DIN 21251] 4. Letter of Authorization for Increased Storage Capacity. Prepared by: Ed Mussler. Prepared for: Solid Waste Section. December 17, 2014. [DIN 22505] 5. Application for a Permit for a Scrap Tire Collection and Processing Facility. Prepared by: Ben Bryant. Prepared for: New River Tire Recycling, LLC. July 27, 2017. [DIN 28350] PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Surry County, N.C., Register of Deeds Book Page PIN Grantor Grantees Acres 1413 312 - High Point Bank & Trust Co. Ozark Avenue, LLC - 597617021118 Tract One 19.53 596620924324 Tract Two 8.17 Total Site Acreage: 27.70 Note: Deed book reference is from Surry County, NC, Register of Deeds office. PART IV: GENERAL PERMIT CONDITIONS 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. New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 4 of 9 DIN 28416 a. The Permit to Operate shall expire at the close of business December 20, 2019. Pursuant to 15A NCAC 13B .0201(g), no later than June 20, 2019, the Permittee must submit a request to the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section, for permit review and must update pertinent facility plans including but not limited to the facility operation and waste screening plans. 2. The person or persons to whom this permit is issued (Permittee) are the owners and operators of the solid waste management facility. 3. The Permit for this facility, dated December 20, 2013, was recorded by the Surry County Register of Deeds on December 23, 2013 in Book 1470 on Pages 12 through 22 (Document ID No. 28519). 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must 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 Scrap Tire Processing Facility and a reference by book and page to the recordation of the permit. 5. By 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 the 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 by permit condition. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, Part II “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 Solid Waste Section through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g), the Permittee must notify the Solid Waste 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 Permittee of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including but not limited to local zoning, certificate of occupancy, approval from appropriate agencies for a General or Individual NPDES Stormwater Discharge Permit. All sedimentation/erosion control activities in accordance with the Sedimentation Control Act N.C.G.S. 113A-50, et seq., and rules promulgated there under at 15A NCAC 4. 10. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. - End of Section - New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 5 of 9 DIN 28416 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: GENERAL CONDITIONS 1. Pursuant to the NC Solid Waste Management Rules (Rule) 15A NCAC 13B .0201(c) and (e), this permit approves construction of a scrap tire processing facility in accordance with the approved documents listed in Attachment 1, Part II. 2. The scrap tire collection and processing facility is permitted for a total gross capacity of approximately 130,000 stockpiled and processed scrap tires at any one time, or 1300 tons, assuming 100 tires per ton. 3. The following are required prior to issuance of a Permit to Operate the tire processing facility: a. Written certification must be submitted to the Section certifying that the scrap tire processing facility has been constructed in accordance with the approved plans listed in Attachment 1. b. As required under N.C. General Statute 130A-295.2, the permit holder is required to establish and maintain financial assurance for closure at the facility based on the approved total gross capacity of collected, stockpiled and processed scrap tires at any one time. Should the amount of tires or tons exceed the posted financial assurance, the tires must be removed immediately or the financial assurance must be immediately increased as required. c. A site inspection and pre-operative meeting must be conducted by a representative of the Section. The permittee must notify the Section’s Environmental Senior Specialist and make arrangements for the site inspection and pre-operative meeting. d. After completion of the requirements in subparagraphs above, the Section Environmental Senior Specialist will notify the Permitting Branch Supervisor by letter or email that the pre- operative requirements have been met and that the facility may commence operation. The permittee will be copied on the notification and may begin receiving waste at that time. EROSION AND SEDIMENTATION CONTROL REQUIREMENTS 4. All earth disturbing activities must be conducted in accordance with the Sedimentation Pollution Control Act of 1973 (15 NCAC 4) and consistent with any other local, state or federal requirements. 5. 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. New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 6 of 9 DIN 28416 6. Modifications to the approved sedimentation and erosion control activities require approval by the North Carolina Land Quality Section. The permittee must notify the Section of any sedimentation and erosion control plan modifications. - End of Section - New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 7 of 9 DIN 28416 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE SCRAP TIRE COLLECTION FACILITY PART I: OPERATING CONDITIONS 1. The facility is permitted to receive scrap tires as defined in NCGS 130A -309.53. 2. The facility must be operated in accordance with the requirements of 15A NCAC 13B.1107. 3. The facility is restricted to collecting and storing less than 130,000 scrap tires or shredded tires at any time in accordance with the Financial Responsibility requirements of 15A NCAC 13B. 1111. a. Financial Responsibility must be maintained in full effect at all times. b. Failure to comply with the Financial Responsibility requirements may result in voiding this Permit to Operate. c. Tires may not be accumulated prior to posting an adequate financial assurance instrument. 4. This facility is permitted to receive scrap tires from all states within the United States. Unwanted tires must be sent to an appropriately permitted disposal facility. 5. The permittee must obtain Section approval in writing for any revisions or modifications to the approved plans prior to the initiation of any changes or modifications. 6. The facility must not cause nuisance conditions. 7. Copies of this permit, the approved plans and all records are required to be maintained by the permittee at the facility unless otherwise approved by the Section and must be made available to the Section upon request during normal business hours. 8. The Permittee must maintain records of the information required under Solid Waste Rule .1110(d) including following. a. Daily records of the amount of scrap tires received and origins of the tires. b. The amount of scrap tires shipped to each destination. c. The daily reports are to be summarized into a monthly report for use in the required annual reports. d. On or before August 1 annually, the Permittee must submit an annual facility report to the Section on forms prescribed or approved by the Section. The reporting period shall be for the previous year beginning July 1 and ending June 30. -End of Section New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 8 of 9 DIN 28416 ATTACHMENT 4 CONDITIONS OF PERMIT TO OPERATE SCRAP TIRE PROCESSING FACILITY PART I: GENERAL CONDITIONS 1. The Permit to Operate the scrap tire processing facility is not in effect until the Permittee is in compliance with the conditions of the Permit to Construct in Attachment 2. 2. The scrap tire processing facility is permitted to collect, store, process and maintain on site, not more than 130,000 tires or the equivalent in shredded tire or by-products (1300 tons x 100 tires per ton). a. Subsequent adjustments to the tire storage amount and/or financial assurance amounts must be submitted to the Section for review and approval. b. Financial assurance for closure and clean-up must remain in force during the operation of this site in accordance with N.C. General Statute 130A-295.2 and 15A NCAC 13B .1111. New River Tire Recycling LLC must submit to the Division for review and approval any subsequent changes in the instrument or the provider of financial assurance at least one- hundred-twenty (120) days prior to any requested change. c. The financial assurance instrument must be renewed annually with verification submitted to the Division within 60 days prior to the anniversary date of the establishment of the financial instrument(s). d. The owner and operator must annually submit adjusted cost estimates including closure and post-closure activities for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument in accordance with applicable Rules and statutes. 3. A minimum of seventy-five percent (75%) of tire derived products must be shipped off-site annually for legal usage. Adjustments to this percentage to allow additional amounts of storage or adjustments to allow additional length of storage time must be submitted to the Section for review and approval. 4. Operation of the facility must conform to the permitting and operating procedures described in the approved plan and in accordance with the conditions contained in this permit. a. This facility must be maintained and operated in accordance with the North Carolina Solid Waste Management Rules. b. Material processing, shredding and grinding operations may only occur in compliance with any applicable local ordinance or special use permit. c. Amendments or revisions to the Solid Waste Management Rules or violations of standards may necessitate the modification of the construction and operation plans of this facility. d. The operating and permit conditions are subject to revision or revocation at any time the operations either threaten or have the potential to adversely affect the environment or public health and safety. New RiverTire Recycling, LLC Facility Permit No: 8607-TIRETP-2013 Permit to Construct and Operate October 18, 2017 Page 9 of 9 DIN 28416 e. Within 30 days after termination of operations at the site or a major portion thereof or upon revocation of this permit, all scrap tires and scrap tire derived products must be removed to an appropriately permitted solid waste management facility. f. Adequate fire protection measures must be in place and fire prevention procedures must be practiced at all times in accordance with the most current fire safety survey as required by 15A NCAC 13B.1107(2)(f). Equipment must be provided to control accidental fires or arrangements must be made with the local fire protection agency to immediately provide fire- fighting services when needed. g. Control measures and practices must be employed to prevent any pollutants from contaminating surface water, groundwater, and soil. h. A sign identifying the name of the facility and the Solid Waste Permit Number must be erected and maintained at the entrance of the facility. 5. The Division may require additional actions be taken by the permittee to mitigate any condition that threatens or may become injurious to public health or environment. 6. A knowledgeable operator trained on the conditions this permit and the approved Operating Plan must be on-site during operating hours. a. Employee training must include the procedures contained in the Emergency Preparedness Manual (contained in the Operating Plan) that must be kept readily available to employees at all times. 7. The facility must not cause nuisance conditions. a. Effective vector control measures must be applied at all times to control any potential vectors including mosquitoes, flies, rodents, insects, and other vermin. b. Control measures must be utilized to minimize and eliminate visible dust emissions and blowing litter emanating from waste materials. i. Fugitive dust emissions are prohibited. ii. Windblown materials must be collected by the end of the day and no windblown material is allowed to leave the facility boundary. c. Fires and other incidents that do not conform to the normal operating conditions authorized by this permit must be reported to the Regional Waste Management Specialist within 24 (twenty-four) hours of the occurrence with a written notification to be submitted within 15 (fifteen) calendar days of the occurrence. 8. Except in circumstances involving the immediate protection of human life, health or the environment, changes in operations or facility construction are not authorized unless submitted in writing to and approved by the Division.