32F_INSP_20190516

NORTH CAR()LINAD_E Q��
OepaNnent of Environm.nbl Wel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
October UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: Durham
MSWLF
PERMIT NO.: 32F-LCID-
Closed
HOW
White
Incin
T&F
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&F/
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: May 16, 2019 Date of Last Inspection: October 25, 2018
FACILITY NAME AND ADDRESS:
Fogleman and Fogleman Landfill and Recycling Facility
4005 Intermere Road
Durham, NC 27704
GPS COORDINATES: 36.05502o N, 78.81176° W
FACILITY CONTACT NAME AND PHONE NUMBER:
Jay Fogleman, Manager
w. 919-682-0068
c. 919-795-4386
f 919-682-0662
jay.fo leman e,frontier.com
FACILITY CONTACT ADDRESS:
Fogleman Soils, Landfill & Recycling
Linda Fogleman, Secretary/Treasurer
4005 Intermere Road
Durham, NC 27704
PARTICIPANTS:
Davy Conners, NC DEQ, Solid Waste Section
Jay Fogleman, LCID Manager
STATUS OF PERMIT:
Permit issued March 28, 2017, expires December 16, 2021
PURPOSE OF SITE VISIT:
Follow up inspection to October 28, 2018 Inspection
STATUS OF PAST NOTED VIOLATIONS:
1. Resolution in Progress: 15A NCAC 13B .0203(d) states, `By receiving solid waste at a permitted facility,
the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the
conditions of the permit. "
2. Resolution in Progress: 15A NCAC 13 B .0566(1) states, "Operational plans shall be approved and
followed as specified for the facility. "
3. Resolution in Progress: 15A NCAC 13B .0566(4) states, `Adequate soil cover shall be applied monthly, or
when the active area reaches one acre in size, whichever occurs first. "
The Facility Permit 32F-LCID-, issued March 28, 2017, Attachment 3, Part II, Number 12 states,
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"' t0E­!�'m"""°"""' Solid Waste Section
"Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever
occurs first, or more often when necessary to prevent the site from becoming a nuisance or to mitigate
conditions associated with fire, windblown materials, vectors, or excessive water infiltration. "
The Operational Plan, approved by the Section on March 28, 2017, Section 2.8.1 Periodic Cover states,
"At the completion of waste placement each week, or sooner if the area of exposed waste exceeds % acre in
size, a 6-inch layer of earthen material or other material as approved by the DWM will be placed over the
exposed waste. This periodic cover is intended to control vectors, fire, odors, and blowing debris. "
And Section 2.8.8 Intermediate Cover states, `A 12-inch layer of soil cover should be placed on all waste
surfaces that have not received waste in 30 days but are below final elevation. This intermediate cover
should be seeded immediately and graded such that all precipitation runoff is channeled to the surface water
systems. "
Notes from May 16, 2019 Inspection: Cover on the pre-existing slopes has been achieved except
for one area that still needs work. Cover on new working face areas is being applied in accordance
with this rule.
4. Resolution in Progress: The Facility Permit 32F-LCID-, issued March 28, 2017, Attachment 3, Part II,
Number 7 states, "Fill and excavation operations must be contained with the approved elevation contours
as shown in the approved plan documents. Side slopes must not exceed a ratio of three horizontal feet to on
vertical foot (3:1). "
Notes from May 16, 2019 Inspection: Most of the pre-existing side slopes have been modified to
meet the three to one ratio. However, one main area still needs to be regraded. Make sure all new
slopes also meet the three to one ratio.
5. Resolved: 15A NCAC 13B .0566(3) states, "Solid waste shall be restricted to the smallest area feasible and
compacted as densely as possible. "
6. Resolved: 15A NCAC 13B .0566(10) states, "Surface water shall be diverted from the working face and
shall not be impounded over waste.
OBSERVED VIOLATIONS:
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.
ADDITIONAL COMMENTS
Resolved: Waste was being pushed into live trees, which limits access to the side slopes and does not allow for
proper compaction and cover.
2. Status Unknown: Trees were growing over waste on side slopes which can prevent proper leachate
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NORTH CAROLINAD_E
UeVeNmnl of Envimnmantal puali�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
management. And areas of erosion were observed due to steep side slopes. Notes from May 16, 2019
Inspection: I did not inspect this side of the landfill. If it hasn't been done already, please make sure to remove
all woody vegetation from that side and keep the landfill mowed
Please contact me if you have any questions or concerns regarding this inspection report.
Digitally signed by Davy Conners
DN: cn=Davy Conners, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2019.052412:59:41-04'00' Phone: [phone]
Email: [e-mail]
Davy Conners
Environmental Senior Specialist
Regional Representative
Sent on: May 24, 2019 X Email Hand delivery US Mail Certified No. f2
Copies: Andrew Hammonds, Eastern District Supervisor - Solid Waste Section
Sherri Stanley, Permitting Branch Head
Ben Jackson, Permitting Engineer
Stacey Smith, Smith Gardner, Consultant
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NOR;T CA�INA
OepaNmenr of Environmental0uali�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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