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HomeMy WebLinkAboutNCG120110_Permit to Construct and Operate_20190718Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 1 of 11 Environmental Quality North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No. 9226 SHOTWELL LANDFILL, INC. is hereby issued a PERMIT TO CONSTRUCT 9226-MWP-2016 Shotwell Landfill Recycling Center PERMIT TO OPERATE 9226-MWP-2016 Shotwell Landfill Recycling Center PERMIT FOR CLOSURE Not Applicable Located at 4724 Smithfield Road, southwest of Wendell, Wake 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 deed recorded for this property listed in Attachment I of this permit. 4 Digitally signed by Edward F. Mussler III P.E. Date: 2016.08.24 14:51:58-04'00' Edward F. Mussler, III, P. E. Permitting Branch Supervisor Solid Waste Section 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 Internet: http://deq.nc.gov/abouVdivisions/waste-managemenUsolid-waste-section An Equal Opportunity 1 Affirmative Action Employer Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 2 of 11 ATTACHMENT 1 GENERAL PERMIT CONDITIONS INFORMATION PERMIT(S) TO OPERATE Permit Status Issuance Expiration Doc ID 9226-MWP-2016 Active August 24, 2016 August 24, 2021 26667 Part I General Facility 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 North Carolina Administrative Code (NCAC) 13B .0201(d), a solid waste management facility permit shall have two parts: a permit to construct and a permit to operate. The permit to construct must be implemented in accordance with Attachment 2 of this permit. The permit 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. [Intentionally blank]. 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 solid waste management 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 shall be in accordance with the North Carolina Solid Waste Management Rules, 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 Solid Waste Management Rules shall take precedence unless specifically addressed 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 including those identified in Attachment 1, "List of Documents for Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 3 of 11 Approved Plan," and 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. 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 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 WAKE COUNTY, NC REGISTER OF DEEDS Book Page Acres 8140 641 Shotwell Landfill, Inc. 67.6 11970 434 Shotwell Landfill, Inc. <1 12140 1818 Shotwell Landfill, Inc. 68.4 Book of Maps 2007 2473 Recombination Survey Total Site Acreage 135.5 The Wake County Property ID is 1761 68 2890. The Real Estate ID is 18712. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition 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 Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 4 of 11 Part VI Transfer Station/Treatment & Processing Unit(s) Permitting History Permit Type Date Issued Doc ID Permit to Construct and Operate August 24, 2016 26667 List of Documents for the Approved Plan Note — Documents referenced in this permit (e.g., Doc ID 26668) can be viewed online at the NC Solid Waste Section website in the Documents database. Permit Application, Shotwell Landfill Recycling Center. Prepared by ELM Site Solutions Engineers, Inc., Raleigh, NC. May 2014, revised through July 2016. Doc ID 26668. Part VII Miscellaneous Solid Waste Management Not Applicable - End of Section - Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 5 of 11 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT Part I: General Facility 1. Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans. 2. Modification or revision of the approved plans or changes during construction require approval by the Section and may constitute a permit modification and be subject to a permitting fee. 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. The facility must furnish a copy of the approved Sedimentation and Erosion Control Plan from the NC Division of Energy, Mineral and Land Resources, Land Quality Section, to the Solid Waste Section. 4. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources, Land Quality Section. The Solid Waste Section must be notified of any modifications. 5. 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 4040 of the Clean Water Act, as amended. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition 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) Substantial construction of the processing facility must commence within 18 months of issuance of this permit. Substantial construction includes, but is not limited to, the issuance of construction contracts, mobilization of equipment onsite, and construction activities including the installation of sedimentation and erosion control structures. If substantial construction of the facility does not commence within 18 months, the permit Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 6 of 11 to construct will expire unless the permittee has requested and the Section has approved an extension to the permit to construct. Any extension of the permit or reapplication will be subject to the statues and rules in effect on that date and may be subject to additional fees. 2. Approval to operate by the Section is required prior to acceptance of waste and commencement of the operations at the processing facility. The following requirements must be met prior to issuance of an approval to operate: a. A site inspection must be made by a representative of the Section. It is the permittee's responsibility to contact the Section and request the inspection. b. A certification letter stating that the facility was constructed in accordance with the approved plan must be submitted to the Section by the project engineer. The engineer issuing the certification must be a North Carolina registered professional engineer. 3. A representative of the Section will notify the Permitting Branch Supervisor in writing, either by letter or email, after the conditions in Attachment 2, Part VI, Item 2 have been met. The owner and operator will be copied on the correspondence. The notification will serve as permission to operate the processing facility in accordance with Attachment 3 as of the date of the notification. A copy of the notification must be kept as part of the permanent record. 4. One electronic copy of the construction record (as -built) drawings must be submitted to the Section within 30 days of certification of construction by the project engineer. If drawings are not received within 30 days, operation must cease until the drawings are submitted to the Section. Part VII Miscellaneous Solid Waste Management Not Applicable -End of Section- Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 7 of 11 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE Part I: General Facility The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 2. Signs must be posted at the entrance to the facility that state types of waste that can and cannot be received at the facility, the hours of operation, the permit number(s), contact name, telephone number, and other pertinent information. Traffic signs or markers must be provided as necessary to promote an orderly traffic pattern to and from the operating areas and to maintain efficient operating conditions. 3. Interior roadway must be of all-weather construction and maintained in good condition. 4. A responsible individual trained and certified in facility operations must be on -site at all times during all operating hours of the facility, in accordance with N.C.G.S. § 130A- 309.25. An attendant must be present to oversee the loading and unloading of waste. 5. 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. 6. 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. The Section must be notified of any modifications to the approved sedimentation and erosion plan. 7. 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 4040 or the Clean Water Act, as amended. 8. Fire lanes must be established and maintained at all times. The dimensions of the fire lanes must be coordinated with the Fire Marshall having jurisdiction over the site. 9. Open burning of solid waste is prohibited. 10. Fires and non -conforming waste incidents shall be reported to the Section's Regional Waste Management Specialist within twenty-four hours followed by a written notification to be submitted within 15 days. 11. Financial assurance as required by state rules and statutes must be continuously maintained for the duration of the facility and updated and submitted annually to the Section by the anniversary date of the issuance of this permit. Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 8 of 11 12. Any modifications to the approved plans must be submitted to the Section and approved prior to implementation. Part II: Municipal Solid Waste Landfill Units Not Applicable Part III: Construction and Demolition Debris Landfill Units Not Applicable Part IV: Industrial Landfill Units Not Applicable Part V: Land Clearing and Inert Debris Landfill Units Not Applicable Part VI: Transfer Station / Treatment and Processing Unit The permit to operate shall expire August 24, 2021. Pursuant to 15A NCAC 13B .0201(c) and .0201(g), no later than February 24, 2021, the permittee must submit a request to Section for a permit amendment and must update pertinent facility plans including, but not limited to, the facility plan, operation plan, and waste screening plan. 2. The facility is permitted to receive the following waste types: a. "C&D solid waste" as defined in 15A NCAC 13B, .0532(8) means solid waste generated solely from the construction, remodeling, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may have been generated by the on -going operations at buildings or structures. b. "Inert debris" as defined in NCGS 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 NCGS 130A-290 (a) (15) means solid waste that is generated solely from land -clearing activities. d. "Asphalt" in accordance with NCGS 130-294(m). 3. Those wastes listed in 15A NCAC 13B .0542 (e), must not be accepted for disposal or processing. Those wastes include, but are not limited to, municipal solid waste, liquid waste, industrial wastes, and yard trash. Barrels and drums shall not be accepted unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste in contained therein. Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 9 of 11 4. This facility is permitted to receive solid waste generated within any areas that are consistent with local government approval for disposal in the Shotwell Landfill (Permit No. 9226-CDLF-2001). Waste from the processing facility that cannot be recycled must be disposed in the Shotwell Landfill, or other authorized and appropriate landfill. 5. The permittee must not knowingly dispose of, or accept for transfer for subsequent disposal, 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. b. Requires generators or collectors of solid waste to recycle that type or form of solid waste. 6. Recovered material, as defined by N.C.G.S § 130A-290(a) (24) means a material that has known recycling potential, can be feasible recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse. Recovered material shall be managed as a valuable commodity in a manner consistent with the desired use or end use, and all of the following conditions shall be met: a. At least seventy-five percent (75%), by weight or volume, of the recovered material stored at the facility at the beginning of a calendar year commencing January 1, shall be removed from the facility through sale, use, or reuse by December 31 of the same year. b. The recovered material or the products or by-products of operations that process recovered material shall not be discharged, deposited, injected, or dumped, spilled, leaked, or place into or upon any land or water so that the products or by-products or any constituent thereof may enter other lands or emitted into the air or discharged into any waters including groundwaters, or otherwise enter the environment or pose a threat to public health and safety. Facilities that process recovered materials shall be operated in a manner to ensure compliance with this requirement. c. The recovered material shall not be a hazardous waste or have been recovered from a hazardous waste. d. The recovered material shall not contain significant concentration of foreign constituents that render it unserviceable or inadequate for sale, or its intended use or reuse. 7. The permittee must develop, and use, a training and screening program at the facility for detecting and preventing unauthorized wastes from being accepted at the facility. 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. Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 10 of 11 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. 8. All workers involved with the handling of waste materials at the recovery facility must have completed two-hour asbestos awareness training. Records of training must be kept onsite. 9. Recyclables stored at the wood processing area must be in containers, and covered if necessary for protection of human health and the environment. Clean wood and inert debris may be stockpiled at the wood processing center. 10. All bypass must be removed to the landfill at the end of each operating day. 11. The facility must not cause nuisance conditions. a. The tipping floor and loading area must be maintained in a clean, sanitary condition at all times and must be cleaned at least daily. b. Effective vector control measures must be applied at all times to control any potential vectors including flies, rodents, insects, and other vermin. c. Control measures must be utilized to minimize and eliminate visible dust emissions. d. Litter and windblown materials must be collected by the end of each day. No windblown material may be allowed to leave the facility boundary. 12. All water that comes in contact with solid waste, including vehicle wash -down water, is leachate and must be captured and properly treated before release to the environment. a. The leachate control system, such as floor drains, leachate collection devices, sanitary sewer connections and leachate storage tanks, must be operational during facility operations. b. The tipping floor must drain away from the building entrance and into the leachate collection system. 13. The permittee must maintain a record of the amount of solid waste received at the facility, including daily records of waste received and origins of the loads. The permittee must maintain a record of the amounts of waste transported out of the processing facility for disposal and for recovery or recycling. Scales must be used to weigh waste. The daily records are to be summarized into a monthly report for use in the required annual reports. 14. 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 in tons and be compiled: Permit No: 9226-MWP-2016 Shotwell Landfill Recycling Center August 24, 2016 Doc I D 26667 Page 11 of 11 i. On a monthly basis. ii. By county, city or transfer station of origin. iii. By specific waste type. iv. By receiving disposal facility. v. By diversion to alternative management facilities. c. The completed report must be forwarded to the Regional Environmental Specialist for the facility by the date due on the prescribed annual facility report form. d. 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 Environmental Specialist by the date due on the prescribed annual facility report form. Part VII: Miscellaneous Solid Waste Management Not Applicable - End of Permit Conditions -