N1101_NOV_20190716

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
July 16, 2019
CERTIFIED MAIL: 7017 2620 0000 6788 4491
RETURN RECEIPT REQUESTED
Terry Whitesides
T&L Grading, Inc.
144 Tonya Road
Kings Mountain, NC 28086-9698
SUBJECT: Notice of Violation
Compliance Inspection Report
Whitesides/T&L Grading, Inc. Notified LCID Landfill
N 1101
Gaston County
Dear Mr. Whitesides:
On July 11, 2019, Kim Sue and Charles Gerstell, 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. Terry Whitesides was present and
represented Whitesides/T&L Grading, Inc. Notified LCID Landfill during this inspection. The
following violation(s) 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."
T&L Grading, Inc. is in violation of 15A NCAC .0566(4) as a result of failing to apply
adequate soil cover monthly, or when the active area reaches one acre in size. During the
inspection, side slopes were observed to have inadequate (no) soil cover.
D'P- 't'f F"j"'M"taI 0" ity
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

T&L Grading, Inc.
Notice of Violation
Page 2 of 3
July 16, 2019
B. 15A NCAC 13B .0566(12) states: "Open burning ofsolid waste is prohibited."
T&L Grading, Inc. is in violation of 15A NCAC .0566(12) as a result of open burning at the
facility. During an on -site inspection performed on July 11, 2019, the waste within the
landfill was on fire. Upon arrival to the facility smoke was observed. Mr. Whitesides was
on -site and stated he brought land clearing debris from a construction project at the state
park to burn it. Facility staff was actively pushing soil to extinguish the fire. The area
where the land clearing debris was burning is adjacent to the landfill.
C. 15A NCAC 13B .0566(16) states: "A sign shall be posted at the facility entrance showing the
contact name and number in case of an emergency and the permit number. The permit number
requirement is not applicable for facilities not requiring an individual permit."
T&L Grading, Inc. is in violation of 15A NCAC .0566(16) as a result in not posting a sign at
the facilities entrance showing the contact name and number in case of an emergency
and the permit number. During the inspection it was observed that proper signage was
not posted at the facility entrance.
Based upon the foregoing, T&L Grading, Inc. shall come into compliance by August 16, 2019 or
otherwise indicated with all requirements of the regulations in 15A NCAC 13B .0566(4), .0566(12),
and .0566(16) by completing the following:
Immediately stop the acceptance of all land clearing material until the fire has been
extinguished.
2. Immediately notify Kim Sue, Environmental Senior Specialist, once the fire has been
extinguished and it is deemed safe to work within the landfill area. All exposed waste
shall be covered with adequate soil cover within 30-days of receipt of the notification to
the Environmental Senior Specialist.
3. Install the required signage with the proper information at the entrance to the facility by
August 16, 2019.
T&L Grading, Inc. shall provide a written certification with supporting documentation on
company letterhead confirming the noted compliance schedule has been completed. Include in
this certification any actions taken to prevent these violations from occurring in the future. Mail
this certification to Kim Sue, Environmental Senior Specialist DEQ-Solid Waste Section, 610 East
Center Avenue, Suite 301, Mooresville, NC 28115 by the noted compliance date.
Qn�eu
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 3011 Mooresville, North Carolina 28115
704.235.2163

T&L Grading, Inc.
Notice of Violation
Page 3 of 3
July 16, 2019
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 [phone] or e-mail kim.sue@ncdenrgov.
Sincerely,
Digitally signed by Kim Sue
DN: cn=Kim Sue, o=Division of
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Waste Management, ou=Solid
Waste Section,
email=[e-mail], -US
Date: 2019.07.16 10:32:06-04'00'
Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Compliance Officer - Solid Waste Section
Alejandra Cruz, Environmental Engineer I - Division of Air Quality
Karyn Barksdale, Environmental Engineer II - Division of Air Quality
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North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 3011 Mooresville, North Carolina 28115
704.235.2163