3606_NOV_20121106

NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director
Division of Waste Management
November 9, 2012
CERTIFIED MAIL 7009 1680 0000 7515 3233
RETURN RECEIPT REQUESTED
Ray Maxwell
P.O. Box 1578
Gastonia, NC 28053-1578
SUBJECT: Notice of Violation
Compliance Inspection Report
Gaston County Hardin Landfill
Facility #36-06
Gaston Co.
Dear Mr. Maxwell
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
On October 11T" and October 15T", 2012 Bill Wagner representing the State of North Carolina,
Division of Waste Management Solid Waste Section, inspected the above referenced facility for
compliance with North Carolina solid waste statues and rules. The following violations were noted:
A. 15A NCAC 13B .0534(b)(2)(A) states, in part, that "The permittee must comply with all
conditions of the permit, unless otherwise authorized by the Division. Any permit
noncompliance, except as otherwise authorized by the Division, constitutes a violation of the
Act and is grounds for enforcement action or for permit revocation, modification or
suspension."
Gaston County is in violation of 15A NCAC 13B .0534(b)(2)(A) and .0540(1) for permit condition
and Rule violations associated with the failure to maintain permanent markers that identify the
edge of the approved waste boundary at the active C&D landfill which is located on top of the
closed unlined MSW landfill. (This deficiency had been previously noted in the inspection
report of April 4, 2012.)
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] ♦ Fax [phone]
http://portal.ncdenr.or2/web/wm/sw One
NorthCaroliina
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper �%/jtJ/j'� 11 y
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15A NCAC 13B .0540(1) requires operators and owners of construction and demolition (C&D)
landfill to establish and maintain buffers. In order to comply with this requirement, and as
outlined in a Memorandum dated May 29, 2009 owners and operators of all active, inactive
and closed C&D landfill units shall install and maintain permanent markers that identify the
approved waste boundary for all landfill units.
Gaston County is in violation of 15A NCAC 13B .0534(b)(2)(A) and .0540(1) for permit condition
and Rule violations associated with the failure to maintain permanent markers that identify the
approved waste boundary at the active C&D landfill which is located on top of the closed
unlined MSW landfill. (This deficiency had been previously noted in the inspection report of
April 4, 2012.)
B. 15A NCAC 13B .0542(k)(2) requires, in part, that "Adequate sediment control measures
consisting of vegetative cover, materials, structures or devices must be utilized to prevent
excessive on -site erosion of the C& DLFfacility or unit."
Gaston County is in violation of 15A NCAC 13B .0542(k)(2) in that the eastern and southern
slopes of the C&D landfill are sparsely vegetated and exhibiting signs of on -site erosion.
C. 15A NCAC 13B .1626(7)(a) states, in part, that "Adequate sediment control measures
(structures or devices), shall be utilized to prevent silt from leaving the MSWLF facility."
Gaston County is in violation of 15A NCAC 13B .1626(7)(b) in that the eastern slopes of Unit I,
of the lined MSW landfill as well as the lower slopes of Unit II, in Phase I of the lined MSW
landfill are exhibiting significant on -site erosion.
COMPLIANCE SCHEDULE
Based upon the foregoing, the Gaston County Hardin Landfill shall, within 30-days of receipt of this
notice, come into compliance with all requirements of the applicable regulations in 15A NCAC 13B
15A NCAC 13B .0534(b)(2)(A) and 15A NCAC 13B .0540(1) by completing the following "Corrective
Actions":
Determine and mark the limits of waste of the active C&D landfill in accordance with the
enclosed May 29, 2009 Memo (Permanent Edge -of -Waste Markers at Construction and
Demolition Debris Landfills, Industrial Solid Waste Landfills and Municipal Solid Waste
Landfills"). When installing these permanent markers that identify the approved waste
boundary, please ensure that the cap of the under lying MSW landfill is not compromised.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] ♦ Fax [phone]
http://portal.nedenr.org/web/wm/sw One
NorthCarolina
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturat111
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Based upon the foregoing, the Gaston County Hardin Landfill shall, within 60-days of receipt of this
notice, come into compliance with all requirements of the applicable regulations in 15A NCAC 13B
.0542(k)(2), 15A NCAC 13B .1626(7)(a), and 15A NCAC 13B .1626(7)(b) by completing the following
"Corrective Action":
Develop and submit a plan, for review and approval, for the establishment and
maintenance of adequate vegetative cover and sediment control measures as needed to
prevent excessive on -site erosion at the Gaston Co. Landfill. This plan must be in
accordance with the facility's approved "sediment and erosion control plan" and it must
include a timeline for implementation.
Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S.
130A-22(a) and 15A NCAC 13B .0701-.0707, an administrative penalty of up to $15,000.00 per day
may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or an
Order issued under Article 9 of Chapter 130A of the N.C. General Statutes.
If you have any questions, please contact me at 828-296-4705 or by e-mail at
[e-mail].
Sincerely,
4'e
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
ec: Mark Poindexter, Field Operations Branch Supervisor —Solid Waste Section
Jason Watkins, Western District Supervisor — Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Ryan Kormanik, Environmental Specialist — Land Resources ([e-mail])
Jan Winters, Gaston County Manager ([e-mail])
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] ♦ Fax [phone]
http://portal.nedenr.org/web/wm/sw One
NorthCarolina
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturat111
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