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HomeMy WebLinkAbout32_N0796_NOV_20190606ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality July 2, 2019 CERTIFIED MAIL 7013 0600 0001 7442 3787 RETURN RECEIPT REQUESTED Jay K. Riggs 6926 Johnson Mill Road Bahama, NC 27503 SUBJECT: Notice of Violation Compliance Inspection Report Riggs Trucking LCID Landfill N0796 Durham County Dear Mr. Riggs: On June 6, 2019, Davy Conners and Jason Watkins, 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. Ryan Eaves, Durham County Stormwater and Erosion Control Division Manager, was also in attendance. No facility staff was present at the facility at the time of inspection and Jason Watkins knocked on the door of the house on site but received no answer. The following violation(s) were noted: A. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEAING/INERT DEBRIS (LCID) LANDFILLS Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: (2) The facility shall only accept those solid wastes which it is permitted to receive. Jay K. Riggs is in violation of 15A NCAC 13B .0566 (2) in that solid wastes which the facility is not permitted to received were observed at the time of the inspection, including metal, landscaping fabric, piping, sheet rock, engineered wood, treated wood B. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEAING/INERT DEBRIS (LCID) LANDFILLS �-D_EQ�� NORTH CAROLINA department of Enviranmantal Uuaiity 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 Riggs Trucking LCID Landfill Notice of Violation Page 2 of 3 July 2, 2019 Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: (4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever comes first. Jay K. Riggs is in violation of 15A NCAC 13B .0566 (4) in that an area of the LCID landfill greater than one acre in size was uncovered. The side slopes of the top tier had no soil cover on the perimeter of the landfill, except the area of the road leading to the top of the landfill. C. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEAING/INERT DEBRIS (LCID) LANDFILLS Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: (12) Open burning of solid waste is prohibited. Jay K. Riggs is in violation of 15A NCAC 13B .0566 (12) in that fire and smoke were observed in several areas of the LCID landfill and the entire area of exposed waste was charred from previous burning. Based upon the foregoing, Riggs Trucking LCID Landfill shall come into compliance within the timeframes outlined below with all requirements of the regulations in 15A NCAC 13B .0566 (2, 4, and 12) by completing the following: 1. Immediate efforts shall be taken to extinguish any remaining areas of burning or smoldering debris. 2. In the event of any fire(s) in the future, the facility shall notify the Section within 24 hours. 3. Any uncovered land clearing and inert debris waste material shall be covered within 30 days of receipt of this report. 4. All unacceptable waste material shall be collected and removed to a landfill permitted to receive said wastes for proper disposal within 15 days of receipt of this report. Copies of waste tickets shall be submitted to this office via US Mail or via email: davis.conners@ncdenr.gov 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, D_EW NORTH CAROLINA Q Aj ilupadmu,1 ui E—irp 0. 1 quality 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 Riggs Trucking LCID Landfill Notice of Violation Page 3 of 3 July 2, 2019 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 call me at (919) 707-8290 or e-mail davis.conners@ncdenr.gov. Sincerely, Digitally signed by Davy Conners DN: cn=Davy Conners, o=Division of Waste Management, ou-Solid Waste Section, email=davis.conners@ncdenr.gov, c-US Date: 2019.07.01 14:29:32-04'00' Davy Conners Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Jessica Monte, Compliance Officer D_EW NORTH CAROLINA Q Aj pupadmunt ur En ironmBntal quality 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