34_N0667_NOV_20190712

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
\RtQ�N°E%
NORTH CAROLINA
Environmental Quality
July 12, 2019
CERTIFIED MAIL # 7007-1490-0004-9565-2393
RETURN RECEIPT REQUESTED
Mr. Tom Westmoreland, President
J. Westmoreland, Inc.
6851 Old Still Trail
Kernersville, NC 27284
SUBJECT: Notice of Violation
Compliance Inspection Report
J. Westmoreland, Inc. LCID
Permit ID Number N0667
Forsyth County
Dear Mr. Westmoreland:
On June 14, 2019, Susan Heim and Ming-Tai Chao, 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. Tom Westmoreland,
Dustin Mabe, Elizabeth Walter, and Jim Bryan were present and represented the J.
Westmoreland, Inc. LCID during this inspection. The following violations were noted:
A. 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."
J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(4) for failing to cover waste monthly
with adequate soil cover. The exposed waste observed on the northern and eastern slopes of the
landfill during the previous inspection on October 25, 2018 was again observed during this
inspection. In addition to the uncovered land clearing and inert debris that was observed to be
stored on top of the landfill during the October 24, 2018 inspection, more uncovered land
clearing debris had been added to the stockpile.
B. 15A NCAC 13B .0566(3) states: "Solid waste shall be restricted to the smallest area
feasible and compacted as densely as practical into cells."
NORTH CAROL INAD_E
Oepartmenl pi Enviranmanta113Mity
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

J. Westmoreland, Inc. LCID
Notice of Violation
Page 2 of 4
July 12, 2019
J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(3) for failing to restrict solid waste to
the smallest area feasible. Slope grades were observed to be almost vertical. Waste on the
exposed slopes appeared to be loosely piled, indicating that it had been pushed off the top of the
working face instead of being placed in the landfill in lifts and compacted as it was placed. During
this inspection, Mr. Mabe stated that the grades are too steep to maneuver the heavy equipment
needed to achieve compaction of the waste and confirmed that waste had not been compacted.
C. 15A NCAC 13B .0566(2) states: "The facility shall accept only those wastes which it is
permitted to receive."
J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(2) for accepting wastes which it is
not permitted to receive. During this inspection, painted wood, plywood, plastics and scrap metal
were observed at the northeastern edge of the top of the landfill; and painted concrete, concrete
containing metal pipe, scrap tires and tire pieces, scrap metal and plastics were observed near
the power line, in an area where old equipment and parts are stored.
D. 15A NCAC 13B .0563(1)(b) states, in part, that an individual permit from the Division of
Solid Waste is not required for Land Clearing and Inert Debris (LCID) landfills where the disposal
area is under two acres in size.
J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0563(1)(b) for operating and LCID landfill
where the disposal area is two acres or more in size without a permit. Based on the review and
comparison of aerial photographs, it is estimated that the current disposal area of the LCID
landfill is at least 2.5 acres in size.
Based upon the foregoing, the J. Westmoreland, Inc. LCID shall come into compliance with all
requirements of the regulations in 15A NCAC 13B by completing the following within the
timeframes specified below in items 1 through 10:
1. Immediately cease accepting waste at the LCID landfill.
2. Immediately collect and properly dispose of all unacceptable materials from the landfill
area and through the site.
3. By August 31, 2019, reduce the size of the existing disposal area of the LCID landfill to less
than 2 acres and remove all waste outside the disposal area and properly dispose of it at
a facility that is permitted to accept it.
4. By August 31, 2019, ensure that the landfill is constructed in lifts, with proper slopes and
compaction.
5. By August 31, 2019, install permanent edge of waste markers that are visible by line of
sight around the entire perimeter of the waste disposal boundary.
I �
NORTH ARa N D_E IW�/ Aj
oeaanmem of 1 auar\ /—
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

J. Westmoreland, Inc. LCID
Notice of Violation
Page 3 of 4
July 12, 2019
6. By August 31, 2019, apply a minimum of 12" of clean soil cover to the landfill disposal
area, sloped to allow surface water runoff in a controlled manner.
7. By August 31, 2019, seed the waste disposal area and establish a vegetative cover
sufficient to restrain erosion.
8. By August 31, 2019, submit a survey that clearly and accurately delineates a waste
disposal area of less than 2 acres for the LCID landfill.
9. By August 31, 2019, submit a report from a registered engineer or PG, certifying the
required 12" of clean soil cover using at least four borings per acre.
10. By August 31, 2019, provide copies of disposal receipts for all waste removed from the
landfill for proper disposal and for all unacceptable materials removed from the site to
Susan Heim.
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
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Violation.
If you have any questions please contact me at 336-776-9672, or via e-mail at
[e-mail].
Sincerely,
Digitally signed by Susan
Heim
Waste SSusan H u-Field
Solid
Waste Section, ou=Field
Operations Branch,
mai I=susa n.hei m@ncden cg o
=US
Date:2019.07.12 09:41:29
-04'00'
Susan Heim
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
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NORTH ARai IN D_E IW�/ Aj
neparhned of eu in, m utai auaity
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

J. Westmoreland, Inc. LCID
Notice of Violation
Page 4 of 4
July 12, 2019
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Jessica Montie, Compliance Officer
Ming-Tai Chao, Permitting Engineer
I �
NORTH ARa N D_E IW�/ Aj
oeaanmem of 1 auar\ /—
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800