Document NG6pBKa4QbkQD3eeB2opQwL4E
Report Title: Assessment Date(s): Regulatory Program(s): Type of Activity: Site/Facility Name: Permittee(s): Site/Facility Operator: Site/Facility Address: Latitude/Longitude: County/Parish: Individual Permit #: General Permit #: NAICS Code: SIC Code: Unique Project #:
Clean Water Act Compliance Inspection Report 11/15/2023 National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater and Wastewater Jarrett Branch Landfill WV Environmental Services, Inc. WV Environmental Services Route 60, Alloy, WV 25002 38.137663, -81.273975 Fayette WV0117129 N/A 562212 4953 ECAD-510
Facility Representative(s): N/A Phone: N/A
EPA Inspectors: Peter Gold Phone: (215) 814-5236 Michael Greenwald Phone: (215) 814-2398
State/Local Inspectors: Kim Maxwell
Phone: (304) 574-4465
Email: N/A
Point of Contact
Email: gold.peter@epa.gov Email: greenwald.michael@epa.gov
Email: kimberly.a.maxwell@wv.gov
Report Preparer Signature/Date
PETER GOLD
Digitally signed by PETER GOLD Date: 2024.01.17 11:43:12 -05'00'
Peter Gold, Enforcement Officer NPDES Enforcement Section 1 (3ED32)
1/17/2024 Date
Supervisor Signature/Date
MARK ZOLANDZ
Digitally signed by MARK ZOLANDZ Date: 2024.01.17 14:07:31 -05'00'
Mark Zolandz, Section Chief
NPDES Enforcement Section 1 (3ED32)
1/17/2024 Date
Unique Project#: ECAD-510
WV Environmental Services, Inc. (WV0117129) 11/15/2023
Table of Contents I. Introduction ................................................................................................................................. 3
A. Assessment Opening Conference ........................................................................................... 3 B. Weather and Precipitation Conditions ................................................................................... 4 II. Site/Facility Activity.................................................................................................................... 4 III. Observations .............................................................................................................................. 5 IV. Records Review.......................................................................................................................... 8 V. Closing Conference ..................................................................................................................... 9
Attachment A: Photograph Log
List of Attachments
Attachment B: NPDES Permit WV0117129
Unique Project #: ECAD-510
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WV Environmental Services, Inc. (WV0117129) 11/15/2023
I. Introduction
On November 15, 2023, an inspection team composed of staff from the U.S. Environmental Protection Agency (EPA) Region 3 (hereinafter, "EPA Inspection Team") met with a representative of the West Virginia Department of Environmental Protection (WVDEP) at Jarrett Branch Landfill in Alloy, WV 25002 (hereinafter, "the Facility"). The purpose of the inspection was to assess the Facility's compliance with its NPDES permit and applicable State and Federal regulations.
A. Inspection Opening Conference
The EPA Inspection Team arrived at the Facility at approximately 8:30 AM for the inspection. The EPA Inspection Team was provided with access to the site from legal representatives of the facility as part of a Superfund Site Inspection. The EPA Inspection Team's observations are listed later in this document. The EPA Inspection Team was composed of representatives from two divisions within EPA Region 3; Peter Gold and Michael Greenwald from the Enforcement and Compliance Assurance Division; and Jessica Cordasco and Connor O'Loughlin from the Superfund and Emergency Management Division.
Name
Peter Gold Michael
Greenwald Jessica
Cordasco Connor O'Loughlin
Kim Maxwell
N/A
Table 1: Inspection Attendee List
Affiliation
Telephone
EPA Region 3
EPA Region 3
(215) 814-5236
Email gold.peter@epa.gov
EPA Region 3
(215) 814-2398
greenwald.michael@epa.gov
EPA Region 3
(215) 814-3213
cordasco.jessica@epa.gov
EPA Region 3
(215) 814-3304
oloughlin.Connor@epa.gov
State or County Representatives
WV DEP
(304) 574-4465
kimberly.a.maxwell@wv.gov
Facility Representatives
N/A
N/A
N/A
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WV Environmental Services, Inc. (WV0117129) 11/15/2023
B. Weather and Precipitation Conditions
During the inspection, weather was sunny. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and five days prior are provided in Table 2 below:
Table 2. Precipitation Data
Station Name
Date
Charleston 2.6 W, WV US (GHCND; US1WVKN0033) Charleston 2.6 W, WV US (GHCND; US1WVKN0033) Charleston 2.6 W, WV US (GHCND; US1WVKN0033) Charleston 2.6 W, WV US (GHCND; US1WVKN0033) Charleston 2.6 W, WV US (GHCND; US1WVKN0033) Charleston 2.6 W, WV US (GHCND; US1WVKN0033)
11/10/2023 11/11/2023 11/12/2022 11/13/2022 11/14/2022 11/15/2022
Precipitation Amount (inches)1
0.04 0.33 0.00 0.00 0.00 0.00
II.Site/Facility Activity
Jarrett Branch Landfill is located on Route 60 in Alloy, West Virginia (38.137663, -81.273975). The Facility is a landfill that received waste products almost exclusively from the West Virginia Manufacturing Facility, which is also located in Alloy, WV, and is approximately 0.3 miles away from the Facility.
West Virginia Environmental Services was authorized to discharge to the Kanawha River under NPDES Permit No. WV0117129 (hereinafter, the "Permit") (Attachment B). The Permit was issued by WVDEP. The Permit was last reissued in June 2014, expired in 2019, and based on conversation with WV DEP, the permit is no longer in effect. The following is a summary of the monitoring locations from the 2014 permit:
Outlet 011 - 12" HDPE Pipe prior to entering Jarrett Branch Outlet 012 - 72" CMP, at the discharge prior to entering Jarrett Branch Outlet 013 - 36" HDPE Pipe, at the discharge prior to entering Jarrett Branch Outlet 014 - 36" CMP at the discharge prior entering Jarrett Branch LM01 - Leachate collection line prior to entering treatment facility MW10AR - monitoring well 10AR MW-10B - monitoring well 10B MW-11A - intake monitoring well 11A MW-12A - monitoring wel1 12A MW-12B - monitoring well 12B MW-8A - monitoring well 8A
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/).
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WV Environmental Services, Inc. (WV0117129) 11/15/2023
MW-8B - monitoring well 8B S3 - At a point in Jarrett Branch that is located adjacent to the weir house S4 - At a point in Jarrett Branch that is located adjacent to the location of monitoring
well MW12A
III.Observations
The EPA Inspection Team entered the landfill via the gated entrance off Route 60. The EPA Inspection Team took the access road along the landfill to access different unnamed sections of the property. The EPA Inspection Team documented the condition of the landfill and landfill materials that were exposed to precipitation and could potentially be subjected to stormwater runoff. The EPA Inspection Team observed several areas where a black particulate substance, similar in visual observation to the silica fume piles of West Virginia Manufacturing, were exposed to precipitation and potential stormwater runoff (See Attachment A, Photographs 1, 2, 3, and 4). The surface of the landfill appeared to be densely vegetated and unkept.
The EPA Inspection Team also walked along a five- to ten-foot-wide trail between Jarrett Branch and an Unnamed Tributary that ran parallel to Jarrett Branch on the landfill property. During this portion of the inspection the Inspection Team observed discharges into Jarrett Branch and the Unnamed Tributary. There were notable visual changes to the stream coloration which are documented in the photo log.
Lastly, the EPA Inspection Team walked the area by the entrance to the landfill where there were several buildings, vehicles, containers and other discarded materials (See Observation #14 below).
Potential Discharges Without a Permit.
Observation #1:
The EPA Inspection Team observed areas of discolored water in Jarrett Branch from 15 feet downstream of Outlet 013 to what is believed to be Outlet 14. This discoloration was present throughout the stream (See Attachment A, Photographs 10, 11, 12, 13, 14, 15, 19, 21, and 22).
Observation #2:
The EPA Inspection Team observed a discharge from Outlet 013 (See Attachment A, Photographs 11 and 12).
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Observation #3:
The EPA Inspection Team observed another outlet with signage that was rusted and unreadable (See Attachment A, Photographs 21 and 22).
Observation #4:
The EPA Inspection Team observed a manhole leaking into an unnamed tributary in proximity to Jarrett Branch (See Attachment A, Photographs 24 and 25).
Observation #5:
The EPA Inspection Team observed another outlet with no signage on a hillside that appeared to be discharging (See Attachment A, Photographs 29).
Observation #6:
The EPA Inspection Team observed a cement outlet pipe by Jarrett Branch in proximity to the entrance to the Facility (See Attachment A, Photographs 33).
Observation #7:
The EPA Inspection Team observed a PVC pipe by Jarrett Branch in proximity to the structure by the entrance to the Facility (See Attachment A, Photographs 34).
Potential Failure to Monitor Outfalls
2014 Permit Section A.-identified the monitoring requirements for each permitted outfall/outlet.
Observation #8:
Section A of the 2014 Permit, which is no longer effective, documented the effluent limits for each of the facility's outfalls. According to EPA's Integrated Compliance Information System (ICIS) database, West Virginia Environmental Services has not submitted a Discharge Monitoring Report (DMR) since at least January 2019. There are at least 213 DMR nonreceipts for West Virginia identified in the ICIS database since January 1, 2019.
Potential Failure to Operate and Maintain a Leachate Treatment System and/or Discharging without a Permit
Section C.15 of the expired 2014 Permit states "The permittee shall within the time frames stated in Section B.1 take action in accordance with the plan submitted for Permit condition
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WV Environmental Services, Inc. (WV0117129) 11/15/2023
C.15 to repair or replace the leachate collection system that is located on the inside of the slurry wall. Thereafter, the leachate collection system shall receive routine maintenance so as to mitigate internal line blockages so as to prevent the surface discharge of leachate to the storm water drainage ditch that routes storm water runoff to Outlet 013."
Observation #9:
The EPA Inspection Team observed discolored water in Jarrett Branch from 15 feet downstream of Outlet 013 to what is believed to be Outlet 014. This discoloration was present throughout the stream (See Attachment A, Photographs 10, 11, 12, 13, 14, 15, 19, 21, and 22). Jarrett Branch flows directly into the Kanawha River from the landfill.
Potential Failure to Maintain Daily Logs
Section C.3.a of the Permit states "Daily logs must be kept by the operator describing the type, amount, and origin of all solid wastes received at the solid waste facility. These daily logs must be kept on file with the Operating Record...."
Observation #10:
The EPA Inspection Team requested the daily logs from the facility via email on November 20, 2023. The Facility did not provide EPA with the requested daily logs and did not believe the permit was still effective. This was a requirement of the 2014 Permit.
Potential Failure to Develop and Annual Report
Section C.3.c of the Permit requires the Facility to submit an annual report.
Observation #11:
The EPA Inspection Team requested the annual report from the facility via email on November 20, 2023. The Facility did not provide EPA with the requested annual report and did not believe the permit was still effective. This was a requirement of the 2014 Permit.
Potential Failure to Properly Examine/Inspect Closed Portions of the Landfill
Section C.7 of the Permit requires "The permittee shall monthly examine closed portions of the landfill surface for: 1) evidence of cracking or erosion which could allow waters to enter solid waste deposits; and 2) evidence of settling of solid waste causing ponding or surface water. Finished surfaces which have cracked, eroded or settled, shall be repaired by any necessary regrading, additions of cover material, and or re-vegetation activities."
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Observation #12:
The EPA Inspection Team observed what appeared to be silica fume at the surface of what was believed to be closed portions of the landfill. (See Attachment A, Photographs 1, 2, 3, and 4).
The EPA Inspection Team requested documentation of the monthly inspections from the facility via email on November 20, 2023. The Facility did not provide EPA with documentation of the monthly inspections and did not believe the permit was still effective. This was a requirement of the 2014 Permit.
Potential Failure to Conduct Seasonal Vegetative Inspections
Section C.8 of permit requires the permittee to inspect the vegetative cover of the landfill to ensure it has at least 90% vegetative cover.
Observation #13:
The EPA Inspection Team requested documentation of the vegetative cover inspections from the facility via email on November 20, 2023. The Facility did not provide EPA with documentation of these inspections and did not believe the permit was still effective. This was a requirement of the 2014 Permit.
Potential Failure to Receive Approval for Accepted Wastes
Section C.4 of permit states "Only solid waste expressly specified in the permit application may be disposed of at this facility, the facility may receive other solid waste....with expressed written approval of the Director...."
Observation #14:
The EPA Inspection Team observed several types of mixed wastes at the facility entrance, that included empty containers, full and partially full containers of unknown liquids, wood, scrap metal, household materials, etc. (See Attachment A, Photographs 35-46 of the photo log).
IV. Records Review
The Inspection Team reviewed the Facility's Permit and state inspection reports.
Unique Project #: ECAD-510
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WV Environmental Services, Inc. (WV0117129) 11/15/2023
V. Closing Conference
No closing conference was held as there were no facility representatives onsite during the inspection. The inspection concluded at approximately 12 PM (EST).
Unique Project #: ECAD-510
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