NCG120102_NOD_20210111

ROY COOPER
Cavetnor
MICHAELS. REGAN
Sccrclort
BRIAN WRENN
Mrerror
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2235 6645
NORTH CAROLINA
Environmental Quality
January 11, 2021
Greenway Waste Solutions of Apex, LLC
Attn. Michael Griffin
5940 Old Smithfield Road
Apex, NC 27539
Subject: NOTICE OF DEFICIENCY (NOD-2020-PC-0525)
Greenway Waste
NPDES General Industrial Stormwater Permit No. NCG120102
Wake County
Dear Mr. Griffin:
On November 18, 2020, Thad Valentine and Lauren Garcia, Inspectors from the Raleigh
Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted
a compliance inspection for the Highway 55 C&D Landfill facility located at 5940 Old
Smithfield Road, Apex, NC in Wake County, North Carolina. For your reference, a copy of
the inspection report issued by DEMLR is enclosed with this Notice.
The subject facility is covered by NPDES General Industrial Stormwater Permit
NCG120102. Permit coverage authorizes the discharge of stormwater from the facility to
receiving waters designated as Little Branch, a class C water in the Cape Fear River Basin.
As a result of the compliance inspection, the following permit violations are noted:
1) Part l,Section _8;_Permitted Activities
The permittee is authorized to discharge stormwater to the surface waters of North
Carolina, which has been adequately treated and managed in accordance with the terms
and conditions of this General Permit and the requirements of the Permittee's
Certificate of Coverage. Stormwater point source discharges from open dumps,
hazardous wase disposal sites, land clearing and inert debris landfills, or discharges of
wastes (including discharges of leachate as defined in 15A NCAC 13B .0101(11)] are
excluded from coverage under this permit.
North Carolina ncpartnient of E..nvironnrental Quality Divislon of Energy. Mineral and land Resourccs
Raleigh Regional Office 11628 Mail Service Center 3a0U Bantu Drive I Ralc icjh, North Caroilna 27bO9

Notice of Deficiency
Michael Griffin
January 11, 2021
Page 2of3
Compost is processed onsite and stored in large quantities throughout the site.
Leachate was observed around piles and flowing into stormwater conveyances
and basins onsite.
2) Part 11, Section B: Analytical Monitoring_Reauirements
Analytical monitoring shall be performed during a measurable storm event at each
stormwater discharge outfali (SDO). A measurable storm event is a storm event that
results in an actual discharge from the permitted site outfall. Grab samples shall be
collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin
within the first 30 minutes, and shall continue until completed.
After a review of the analytical sample data in our system, we found that the Apex
Greenway Waste Solutions site has collected no sample data for the last few
years. In addition, total rainfall amounts have not been documented on any of the
monitoring reports. The permittee stated there was "No Discharge" on some of
the Discharge Monitoring Reports because believed that if no one was present to
sample during the first 30 minutes of the rain event they could not sample. The
permittee has been instructed to collect samples at the next qualifying rain event
and that the permit indicates 30 minutes of discharge, not rainfall.
3) Part I1, Section C: Qualitative Monitoring;
Qualitative monitoring shall be performed semi-annually and during required analytical
monitoring events.
No record was found of qualitative monitoring reports having been submitted to
DEMLR.
Required Response:
You are directed to respond to this office, in writing, within 30 calendar days from the
receipt of this notice. Your response shall include, at minimum:
1) A reasonable explanation as to why the aforementioned violations occurred.
2) A detailed account of all response actions taken to address the violations.
3) Provide rainfall data for the last 5 years
Additionally, the permittee shall submit a Notice of Intent (NO1) to discharge process
wastewater under the NPDES General Stormwater permit for Composting Facilities within
30 calendar days from the receipt of this notice.
Rev.05222020

Notice of Deficiency
Michael Griffin
January 11, 2021
Page 3 of 3
Refer to the November 11, 2020 Inspection Report for additional corrective actions.
Thank you for your attention to this matter. Your above -mentioned response to this
correspondence will be considered in any enforcement proceedings. This office requires
that the violations, as detailed above, be properly resolved. These violations and any
future violations are subject to a civil penalty assessment of up to $25,000 per day
for each violation. Should you have any questions regarding these matters, please contact
Thad Valentine at [phone] or thad.valentineftncdenngg_v.
Sincerely,
William H. Denton, IV, PE
Regional Engineering Supervisor - RRO
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental
Quality
Enclosure: November 11, 2020 Inspection Report
ec: John Brown, Greenway Waste of Apex, idbrowngariffinbros.com
Alaina Morman, Environmental Specialist [e-mail]
Annette Lucas, Stormwater Program Supervisor annette.lucasOncdenr.ggy
Rev.05222020