6512_DukeSutton_INSP_20180920

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 5

UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: NEW HANOVER
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 6512-INDUS-2016
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill X DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: September 20, 2018 Date of Last Inspection: May 16, 2018

FACILITY NAME AND ADDRESS:
Duke Energy, Sutton Energy Complex
801 Sutton Steam Plant Road
Wilmington, North Carolina 28401

GPS COORDINATES: N: 34.284019 W: -77.984175

FACILITY CONTACT NAME AND PHONE NUMBER:
John Toepfer, Lead Engineer, 919-546-7863, [e-mail]

FACILITY CONTACT ADDRESS:
Same as above

PARTICIPANTS:
Shawn McKee, NCDEQ, Solid Waste Section
Elizabeth Werner, NCDEQ, Solid Waste Section
Brian Polk, NCDEQ, Division of Waste Management
John Toepfer, Duke Energy
Evan Andrews. Duke Energy
Ricky Stroupe, Duke Energy
Richard Baker, Duke Energy

STATUS OF PERMIT:
Permit to Construct and Permit to Operate, Original Issuance, September 21, 2016
Permit Approval to Operate Cell 3, Issuance, July 6, 2017
Permit Approval to Operate Cell 4, Issuance, August 25, 2017
Permit Approval to Operate Cell 5, Issuance, December 7, 2017
Permit Approval to Operate Cell 6, Issuance, February 7, 2018
Permit Approval to Operate Cell 7 & 8, Issuance, May 16, 2018

PURPOSE OF SITE VISIT:
Partial Inspection – Hurricane follow-up

STATUS OF PAST NOTED VIOLATIONS:
None.

OBSERVED VIOLATIONS:
None.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 2

ADDITIONAL COMMENTS
This facility is a permitted industrial landfill. It is permitted to receive solid waste generated by or at the Duke
Energy, L.V. Sutton Energy Complex property. Acceptable waste types include, but are not limited to: coal
combustion residuals, wastewater treatment sludge, vacuum truck waste, waste soils (i.e. from ash removal activities or
soil that has contacted petroleum), and small quantities of inert debris from CCR (Coal Combustion Residuals) unit
decommissioning activities. The Permit to Operate shall expire September 21, 2026.

1. Hurricane Florence made landfall as a Category 1 hurricane near Wrightsville Beach, North Carolina
(approximately 10 miles from the facility), at 7:15 a.m on September 14, 2018. The storm was slow moving
and dumped as much as 30-inches of rain at the facility within a couple of days. This storm event was
categorized as a Thousand Year Flood Event. Additionally, heavy rainfall continued for days throughout the
Cape Fear River basin and the river had not yet crested at the facility at the time of the inspection.

2. Soil and water sampling was conducted at the site in conjunction with the facility inspection. Details of the
sampling event are documented separately.

3. The facility is secured by a locked gate. Personnel are on site during operating hours. The facility has all
required information on signs. Due public interest in the current site situation, the facility has had unauthorized
visitors during the past week. Site security has been improved.

4. TRANS-ASH personnel are responsible for daily landfill operations; certified staff are always present when the
landfill is in operation. Operations are currently suspended until necessary landfill repairs are complete.

5. In preparation for the hurricane, Duke personnel extended berms around active cells (4, 5, and 6), and graded
working areas towards the chimney drains which tie into the leachate collection system. During the storm,
berms washed out in numerous locations creating erosion on both the eastern and western side slopes of Cells 4,
5, and 6. A portion of the western side slope of Cell 5 failed causing several pieces of heavy machinery to fall
into the resulting void.

Slope failure – Western side of Cell 5
The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance
with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 3

6. The berms on the eastern side of Cell 5 were also overtopped and eroded. During the heavy rainfall, an erosion
rill caused a small quantity of coal ash to migrate into the storm water ditch along the landfill side of the Boat
Ramp Road, into a culvert and onto the adjacent property. Soil was used to plug the storm drain after the ash
migration was discovered. Confirmation sampling will be conducted to verify that the property was not impacted.
Area of release. Fence is approximate property line. Northern corner of the landfill from Boat Ramp Rd

7. The northern side of Cell 3 had significant erosion occur in the interim cover, especially in areas where vegetative
cover has not been well established. The base liner was exposed in several locations. Slope drains were
dislodged. Repairs are necessary to the interim cover.

Northern slope of Cell 3

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 4

8. Active Cells 4, 5, and 6 of the landfill did not have any ponded water at the time of the inspection. Chimney
drains have been repaired.
Cell 4 on Sept 20 Cells 4, 5, and 6 on Sept 18

9. Cells 7 and 8 were constructed but were not yet in use at the time of the hurricane. Leachate from active Cells 4,
5, and 6 flowed down the slope into Cells 7 and 8, over toped berms on the south side of Cell 8, and flowed into
the adjacent sediment basin. Erosion from the leachate flow exposed the liner system. Repairs will be necessary
prior to commencement of operations in Cell 8.

Southern toe of Cell 8. Cell 6 in background.

10. The leachate waste water treatment system was shut down during the storm to reduce the potential for damage.
Power was lost to the system during the storm but was restored during the inspection. When site operations
allow, the waste water treatment system will be brought back online and returned to normal operations.

11. Normal operations will not resume at the Sutton Landfill until necessary repairs are completed, certified as
applicable and a Pre-Operations meeting has been conducted.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 5

Please contact me if you have any questions or concerns regarding this inspection report.

Phone: [phone]
Shawn McKee
Environmental Senior Specialist
Regional Representative

Sent on:
September 24, 2018
Email:
X
Hand delivery US Mail Certified No. [ _]

Copies: Ed Mussler, Section Chief, Solid Waste Section
Jason Watkins, Field Operations Branch Head, Solid Waste Section
Elizabeth Werner, Permitting Hydrogeologist, Solid Waste Section
Larry Frost, Engineering Project Manager, Solid Waste Section
Ben Jackson, Permitting Engineer, Solid Waste Section,