If you haven't read the rest of this story I highly recommend you begin with Greensboro's Illegal Landfills: Part 1 and follow the linked articles back to here. Also, I've added a link to the left side bar to make the series easier to find.
Why was Water Resources using Danny Simpsons' landfill? Assistant City Manager David Parrish and some in the Water Resources Department would have you believe there was a need for it but was there? The following e-mail was sent by Kristine Williams to Chris Payne, Ron Goodwin and Bobby Summers on October 06, 2011:
"Chris,
I learned that Amy is Danny's wife. He says it's really his wife's company. He works as an Equipment Operator under Eric Gauldin, mostly operating a backhoe. Eric says that occasionally he assigns Danny to a dump truck, and in those cases, Danny makes a decision where to haul stuff and could choose his wife's company to haul to. We also use Fryar as a dump site, and the truck drivers are told to haul to the nearest of the two.
This company was chosen after Viewmont closed and A-1 charged us higher rates than specified on the contract and we dropped them. We are willing to use another vendor, but seem to be having trouble finding one ever since we lost Viewmont. We need an alternative to Fryar because they close when it rains, from what I've been told. We think FOD uses the same two companies.
I also heard from Eric that Danny gets picked on by some of the guys because we use his wife's company. It doesn't sound like there are any bad intentions, but I can see how this would look bad.
Please let me know how you wish for us to proceed. I didn't speak to the employee myself, and would be happy to ask more questions if you need me to. I am concerned that he gets to choose where to haul on occasion. Worst case scenario is that he might have the opportunity to turn in a bogus dump ticket every now and then. Again, no reason to believe he has or would, but that's the extent of his involvement from what I can tell.
Please advise.
Kristine"
Danny got picked on? From what I'm hearing the rank and file were expressing concerns with Danny's conflict of interest and environmental concerns. Water Resources isn't the only construction oriented City division. Storm Water Maintenance, Right of Way (mowing and street sweeping) and Street Maintenance in Field Operations all dump daily. Parks and Recreation has a grading crew. They all dump as well. Building Maintenance also hauls debris to landfills. So why wouldn't these other departments dump their inert debris at Simmons Hauling Landfill if Danny's hole in the ground was a better deal for the City? If the City of Greensboro was in such dire need for another place to dump "Beneficial Fill" then why was Simmons Hauling Landfill kept a secret from every other construction department in the City of Greensboro?
Could it be because Danny's supervisors feared reprisals from the supervisors of these other departments should the word get out? Why were they going out on a limb to keep Danny in business? And might I remind you this arrangement paid Danny and Amy Simmons $27,000 in Greensboro Tax Dollars above and beyond Danny's regular wages as an employee of the Water Services Department of the City of Greensboro.
You know, in case you're new to the series, Greensboro's Illegal Landfills.
Here's something else that might be of interest: Water Resources construction and maintenance, along with the entire Field Operations Department are among a very few municipal organizations state wide that have achieved a Safety Star certification from NC OSHA. There are other private companies locally that have this certification. Namely Syngeta, Sherwin Williams, and Pike Electric to name a few. This certification comes with the idea that your organization is exemplary on all levels but with focus on safe work practices daily. Safe work practices includes safely disposing of waste materials.
Wouldn't it surprise these outside companies that the City of Greensboro has a department that operates on the surface as by the book while actually doing exactly what it wants when it wants. I believe companies like these that abide by strict local and federal mandates about their disposal needs whether it be liquid or solid would frown knowing there exists a double standard which forces private companies to cross a higher bar than local governments. Wouldn't you agree?
According to the Guilford County Municipal Code Chapter 15.5 - SOLID WASTE the definition of a
"Land clearing inert debris landfill means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated unpainted wood, and yard trash.
Land-clearing waste means solid waste which is generated solely from land-clearing activities such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material."
The same section also states:
"Promiscuous dump means a solid waste disposal site which is not a permitted landfill."
And then there's this:
"Sec. 15.5-2. - Public nuisance.
The creation, maintenance or failure of any responsible party or landowner to abate a public nuisance is hereby declared unlawful. The following enumerated and described acts and conditions are found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the county and are found, deemed and declared to be public nuisances wherever the same may exist:
(1) A promiscuous dump of any kind, including, but not limited to:
a. An open place of concentration of combustible items such as mattresses, boxes, paper, tires, garbage, trash, refuse, yard debris, old clothes, rags or any other combustible material or objects of like kind;
b. An open place of collection of solid waste, garbage, food waste, animal waste, or any rotten or putrescible matter of any kind; or
c. An open place of collection of furniture or white goods.
(2) The dumping, placing or other disposal of solid waste, trash, garbage, refuse, demolition debris, scrap tires or white goods upon the land or in ditches, creeks, lakes, ponds or other open areas.
(3) The dumping, placing or other disposal of solid waste, trash, garbage, refuse, land-clearing debris, demolition debris, yard trash, scrap tires or white goods upon the land, unless such land is a licensed and permitted disposal facility.
(4) The open burning of solid wastes.
(5) The open burning of yard trash or for land-clearing operations without a permit issued by an authority or source approved by the Guilford County Department of Emergency Services and authorization from the Guilford County Department of Public Health.
(6) Open burning before 10:00 a.m. or after 4:00 p.m..
(7) Open burning with the use of accelerants.
(8) Open burning of brush or tree trunks or branches of a diameter equal to or greater than four inches.
(9) Throwing, scattering, spilling, placing, dumping, depositing, causing or allowing to be blown, scattered, spilled, thrown or placed, or otherwise disposing of any solid waste upon any property with or without the consent of the property owner which is inconsistent with proper and lawful solid waste management and disposal practices; the occurrence of any of the forgoing acts resulting from transporting solid waste in a vehicle shall also constitute a violation.
(10) Any violation for a commercial purpose or a flagrant and willful violation.
These ordinances were adopted Feb. 3, 2011 and there is no mention of the 2 acre or less exemption City and County officials have been tossing around privately. (What, Ya'll thought I didn't know what you've been telling each other in your attempts to play me?) So what's the fine for illegal dumping? $75 first offense, $150 second offense and $300 for each additional offense. How many loads did the City of Greensboro dump in almost 3 years? Dozens? Hundreds?
As for State Regulations:
15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS
Like Guilford County, the State of North Carolina has no definition for "Beneficial Fill" as part of its waste management rules. That's because "Beneficial Fill" is a construction term and is not used in waste management. From 15A NCAC 13B .0201 PERMIT REQUIRED:
"(a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).
(b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first obtaining a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).
(c) No solid waste management facility shall be established, operated, maintained, constructed, expanded or modified without an appropriate and currently valid permit issued by the Division. It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.
(d) The solid waste management facility permit, except for land clearing and inert debris permits, shall have two parts, as follows:
(1) A permit to construct a solid waste management facility shall be issued by the Division after site and construction plans have been approved and it has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A and the applicable rules set forth in this Subchapter, and other applicable state, federal and local laws. An applicant shall not clear or grade land or commence construction for a solid waste management facility until a construction permit has been issued.
(2) A permit to operate a solid waste management facility may not be issued unless it has been determined that the facility has been constructed in accordance with the construction permit, that any pre-operative conditions of the construction permit have been met, and that the construction permit has been recorded, if applicable, in accordance with Rule .0204 of this Section.
(e) Land clearing and inert debris facilities may be issued a combined permit to construct and operate the facility.
(f) Land clearing and inert debris facilities subject to Rule .0563 Item (1) may construct and operate after notification as provided for under Rule .0563 Item (2).
(g) Permits, including those issued prior to the effective date of this Rule, shall be reviewed every five years. Modifications, where necessary, shall be made in accordance with rules in effect at the time of review for those areas of a permitted sanitary landfill site which have not previously received solid waste.
(h) All solid waste management facilities shall be operated in conformity with these Rules and in such a manner as to prevent the creation of a nuisance, unsanitary conditions, or potential public health hazard."
The only exemption, G.S. 130A-294(b) was repealed in 2007. This was the so called "Beneficial Fill" loophole. Danny and Amy Simmons were operating an illegal landfill no matter what David Parrish, Hugh Jernigan or 2 inspectors from Guilford County might have told you.
Since everyone from the City to the County to NC DENR has talked about an exemption for "Beneficial Fill" I thought we should talk about that issue. According to Guilford County Zoning Ordinances:
"D=Development Standards Apply, See Article 6 S=Special Use Permit Required"
This is for all zoning areas in Guilford County. Did Danny get a permit? Any kind of permit? Why have none of the 3 government agencies I've been attempting to work with presented me with a copy of Danny's permit?
So I found Article 6-4.24. - Beneficial Fill Area
"(A) Where Required: All districts.
(B) Maximum Area: Two (2) acres.
(C) Maximum Duration: The Beneficial Fill Area shall be in operation no longer than one (1) year."
One year? The City of Greensboro hauled this so-called "Beneficial Fill" to Danny Simmons' dump for almost 3 years and paid him $27,000 to put it there. Did Danny's bosses think to cover their own asses and get a copy of Danny's permit to have on file? Media types might want to ask.
By the way, in case you're wondering, Beneficial Fill, commonly called fill dirt or back fill except that it has other stuff mixed in, is when you fill up a hole where you're planning some sort of construction in the near future. Thus, the one year limit, to keep people like Danny Simmons from operating illegal landfills which the City of Greensboro, Guilford County and yes, even NC DENR appear... Appear hell, they are all covering up for someone and now I've proved it.
And as a rule you pay for Beneficial Fill rather than charging for accepting Beneficial Fill. Yeah Danny, I've operated backhoes and drove dump trucks too. I know how the game works.
And here we have Guilford County Landfill Regulations:
"6-4.54. - Landfills, Construction or Demolition/Land Clearing and Inert Debris
.1 Construction or Demolition Debris Landfill (C-D)-MinorDanny Simpson ran a landfill. He charged for his services. Greensboro taxpayers paid for his services. Calling what was dumped there "Beneficial Fill" or "Inert Debris" does not change the fact that Danny Simpson ran a landfill that failed to comply with County, State and Federal regulations. And to add insult to injury, Danny Simpson also failed to comply with the rules of the "Beneficial Fill" loophole Greensboro, Guilford County and inspectors for the North Carolina Department of Environment and Natural Resources are giving him. Of course Had Danny Simpson been properly trained to operate a landfill he would have been aware of the following:
(A)Where Required: All districts.
(B)Area, Siting, and Location Requirements:
1)Waste disposal area cannot exceed one (1) acre and must be at least four (4) feet above the seasonal high groundwater table.
2)The landfill must be located at least one-quarter (¼) mile from any other landfill of any type.
3)The perimeter of the landfill must be at least fifty (50) feet from the boundary of the property and five hundred (500) feet from the nearest existing drinking water well at time of approval.
(C)Closure and Post Closure:
1)Within thirty (30) days of the completion or termination of demolition activities, the landfill must be closed pursuant to NCGS 130A-301.2.
2)The site must be covered with at least two (2) feet of compacted earth, graded to minimize erosion, and planted with suitable vegetation.
3)No building may be build or located immediately above any part of the landfill and no construction on any part of the site may in initiated before the landfill is closed.
4)The property owner is responsible for filing with the Guilford County Registry and with the North Carolina Department of Environment, Health, and Natural Resources a survey of the site and proper notice for disclosure purposes pursuant to NCGS 47-30 and NCGS 130A-301.2.
.2Land Clearing and Inert Debris (LCID) Landfill
(A)Land Clearing and Inert Debris Landfill (Minor):
1)Where Required: All districts.
2)Maximum Area: Two (2) acres.
3)Maximum Duration: Landfills are limited to a maximum period of operation of three (3) years from the date of issuance of the Certificate of Occupancy by Guilford County, provided that the Planning Board may upon request grant one (1) or more three-year renewals.
4)Use separation: One hundred (100) feet minimum from any property line to the edge of the fill area and three hundred (300) feet minimum from any residence not on the same tract as the landfill.
5)Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around the exterior property line.
6)Access: Access to the landfill shall be from a state maintained paved road, provided that the Planning Board may grant a waiver to the paving requirement upon reasonable conditions and shall be controlled with gates, chains, fences, ditches and/or trees to prevent unregulated dumping.
7)Dust: All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.
8)Operation:
a)No filling is permitted in the 100-year floodplain of any stream. Filling to the edge of the 100-year floodplain is permitted only if the back slope is stable and no steeper than 3:1;b)No filling is permitted in minor drainageways unless the drainage has been piped or otherwise diverted in accordance with approved plans; and
c)No filling is permitted in utility easements, except electrical transmission easements for 44kv or greater lines.
9)Closure: Landfills shall be closed with a minimum of one (1) foot of clean soil, graded to a maximum slope of three to one (3:1), and stabilized with vegetation or by other approved means.
(B)Land Clearing and Inert Debris Landfill (Major):
1)Where Required: AG and HI districts.
2)Use separation: One hundred (100) feet minimum from any property line to the edge of the fill area and three hundred (300) feet minimum from any residence not on the same tract as the landfill.
3)Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around the exterior property line.
4)Access: Access to the landfill shall be controlled with gates, chains, fences, ditches and/or trees to prevent unregulated dumping.
5)Dust: All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.
6)Operation:
a)No filling is permitted in the 100-year floodplain of any stream. Filling to the edge of the 100-year floodplain is permitted only if the back slope is stable and no steeper than 3:1;b)No filling is permitted in minor drainageways unless the drainage has been piped or otherwise diverted in accordance with approved plans; and
c)No filling is permitted in utility easements, except electrical transmission easements for 44kv or greater lines.
7)Closure: Landfills shall be closed with a minimum of one (1) foot of clean soil, graded to a maximum slope of three to one (3:1), and stabilized with vegetation or by other approved means."
"§ 130A-309.25. Training of operators of solid waste management facilities.
(a) The Department shall establish qualifications for, and encourage the development of training programs for, operators of incinerators, operators of landfills, coordinators of local recycling programs, and other solid waste management facilities.
(b) The Department shall work with accredited community colleges, vocational technical centers, State universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be trained as operators of solid waste management facilities.
(c) A person may not perform the duties of an operator of a solid waste management facility after 1 January 1998, unless he has completed an operator training course approved by the Department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless the person has completed an approved solid waste management facility operator training course.
(d) The Commission may adopt rules and minimum standards to effectuate the provisions of this section and to ensure the safe, healthy, and lawful operation of solid waste management facilities. The Commission may establish, by rule, various classifications for operators to address the need for differing levels of training required to operate various types of solid waste management facilities due to different operating requirements at the facilities.
(e) In developing training programs for incinerator operators under this section, the Department shall establish and consult with ad hoc advisory groups to help coordinate the requirements under this section with other training programs for incinerator operators.
(f) This section does not apply to any operator of a solid waste management facility who has five years continuous experience as an operator of a solid waste management facility immediately preceding January 1, 1998, provided that the operator attends a course and completes the continuing education requirements approved by the Department. (1989, c. 784, s. 2; 1993, c. 29, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 19; 1997-443, s. 15.49(a).)"
Take a look at the 5.0 Action Plan the City of Greensboro uses at the White Street Landfill if you want to know what is necessary to run a safe and effective landfill that protects the air and the water for centuries to come. Danny Simpson didn't do any of those things and the Water Resources Department of the City of Greensboro became his accomplishes... Or lead him down the road to ruin.
It could have been as simple as Danny's bosses in Water Resources picking up the telephone and calling over the the folks at the City owned White Street Landfill who have taken all these classes but for some reason when Danny said you can dump in my yard they thought it a good idea. A good idea to operate an illegal landfill-- really?
So I ask you again, who are they covering for, Danny Simpson, a $40,000 a year truck supervisor or someone higher in the management of the City of Greensboro? Too bad I don't have the power to look into Danny and Amy's financial records, I bet we could clear this up rather quickly.
So what's up for Greensboro's Illegal Landfills: Part 5? Tune in Wednesday and I'll tell you if Greensboro, Guilford County or NC DENR have anything further to say. If not I'll expose a few more problems they'd all rather you not know about like more illegal landfills as the shit has hit the fan and their loophole is just another hole that just happens to be standing in the watershed of the Randalman Reservoir draining off into the drinking water supplies of Greensboro, High Point, Randalman, Asheboro and much of the rest of North Carolina's Piedmont Triad region.
Greensboro water resources polluting the very same water they must treat before we can drink it? I guess you call that job security. I don't know about you, but If I were Jim Westmoreland, David Parrish and the wheels from Water Resources I would already be loading backhoes on trailers and hooking them to dump trucks to haul to Danny's house ASAP!
Please continue reading Greensboro's Illegal Landfills: Part 5
