32_N1069_NOV_20190207

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROUNA
Environmental Quality
February 20, 2019
CERTIFIED MAIL: 7013 0600 0001 7442 3718
RETURN RECEIPT REQUESTED
Robert Johnson
2624 Hamlin Road
Durham, NC 27704
SUBJECT: Notice of Violation
Compliance Inspection Report
Double R Farm LCID Landfill
N 1069
Durham County
Dear Mr. Johnson:
On February 7, 2019, Davy Conners, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. Robbie Johnson was present and
represented Double R Farm LCID Landfill during this inspection. The following violation(s) were
noted:
A. 15A NCAC 13B .0563 (1)(b), "The total disposal area is under two acres in size."
And the Notified LCID Approval Letter for Double R Farm LCID Landfill dated April 5,
2013, states "Based on the information submitted in the notification, approval for
operation of a LCID landfill is hereby granted for disposal activities at the reference
property as long as the facility does not exceed 2 acres in size. Please be aware that
you will be in violation of the North Carolina Solid Waste Management Rule 15A
NCAC 13B .0563(1) and subject to enforcement action should your LCID disposal
facility exceed 2 acres in size."
During the inspection, LCID waste was observed outside of the 2-acre boundary
markers in multiple places, particularly along the northern boundary line. This issue
was also noted in the October 25, 2018 and September 6, 2018 inspection reports.
oe"Mwnt m MWrmm UP wan
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Double R Farm LCID Landfill
Notice of Violation
Page 2of3
February 20, 2019
B. 15A NCAC 13B .0565 (3)(j), "Excavation, grading and fill material side slopes shall
not exceed three to one (3:1).
At the time of the inspection, some areas of the sides slope of the LCID were steeper
than three to one. This issue was also noted in the October 25, 2018 and September
6, 2018 inspection reports.
C. 15A NCAC 13B .0566 (4), "Adequate soil cover shall be applied monthly, or when the
active area reaches one acre in size, whichever occurs first."
At the time of the inspection, an area of the LCID landfill greater than one acre in size
was uncovered.
D. 15A NCAC 13B .0566 (10), "Surface water shall be diverted from the working face
and shall not be impounded over waste."
Water was observed ponding over waste in several areas of the LCID landfill. This
issue was also noted in the September 6, 2018 inspection report.
E. 15A NCAC 13B .0566 (2), "The facility shall only accept those solid wastes which it is
permitted to receive."
And the Notified LCID Approval Letter for Double R Farm LCID Landfill dated April 5,
2013, states "A land clearing and inert debris landfill as defined in Rule .0101(54)
means a facility for the land disposal of land clearing waste, concrete, brick,
concrete block, uncontaminated soil, gravel and rock, untreated and unpainted
wood, and yard trash.
During the inspection, non -conforming waste, specifically painted asphalt, was
observed.
Based upon the foregoing, Double R Farm LCID Landfill shall come into compliance by March 22,
2019 with all requirements of the regulations in 15A NCAC 13B .0563 (1)(b), .0565 (3)(j),
and .0566(2, 4, and 10) by completing the following:
Corrective Actions:
1. Move all LCID waste to within the 2-acre border of the landfill. This includes LCID waste
mixed with the beneficial fill and the LCID waste that is on the edge of the boundary.
Q E
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Double R Farm LCID Landfill
Notice of Violation
Page 3 of 3
February 20, 2019
2. Repair side slopes so they meet the elevation ratio requirement of three to one.
3. Apply cover to the surface of the LCID.
4. Regrade the surface of the LCID to prevent impounding water over waste.
5. Remove all non -conforming waste from the LCID landfill and dispose of at a facility
permitted to receive that type of waste. Email or mail me a copy of the tipping fee
receipt/weight ticket.
The violations 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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions please contact me at 919-707-8290 or e-mail
[e-mail].
Sincerely,
Digitally signed by Davy Canners
DN: cn=Davy Conners, —Division of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2019.02.20 14.48.52-05'00'
Davy Conners
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Andrew Hammonds, Eastern Field Operations Supervisor
Jason Watkins, Field Operations Branch Head
Jessica Montie, Compliance Officer
oevanmenr m enrrrmm UP NNrty
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200