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HomeMy WebLinkAbout4407_NOV_20190808*EEfp N Wig ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary MICHAEL SCOTT Director August 8, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 0700 0000 8867 9518 7019 0700 0000 8867 9525 Bryant Morehead Matt Dillard County Manager Santek Environmental of North Carolina, LLC 215 N. Main St 650 251h St NW STE 100 Waynesville, NC 28786 Cleveland, TN 37311 SUBJECT: Notice of Violation Compliance Inspection Report Haywood County White Oak Landfill 4407-MSWLF-1993 Haywood County Dear Sirs: On August 6, 2019, Lee Hill, 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. Fred Whitner and Frank Smith were present and represented the Haywood County White Oak Landfill during this inspection. The following violation(s) were noted: A. 15A NCAC 13B.1626(2)(a): states: "Except as provided in Sub -Item (b) of this Item, the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging." B. 15A NCAC 13B.0203(d) states in part: "...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." The approved operations plan "Operations Plan Report, Phase 4 and 5 Permit to Construct, Haywood County White Oak MSWLF" (FID 1125788) states in section 2.1 (Daily Soil Cover) "All MSWLF units must cover disposed solid waste with �-D_EQ�� NORTH CAROLINA ileparlment of Enviranmantal quality North Carolina Department of Environmental Quality I Division of Waste Management 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Haywood County White Oak Landfill Notice of Violation Page 2 of 3 August 8, 2019 six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. Haywood County and Santek Environmental of North Carolina, LLC are in violation of 15A NCAC 13B.1626(2)(a) and 15A NCAC 13B.0203(d) in that uncovered waste was noted on and around the trailer tipper. Uncovered waste was observed in the area between the working face and trailer tipper. Waste was also uncovered on the west side of the working face where the approved alternative daily cover (tarp) was not covering the working face. Exposed waste was observed in soil that was windrowed to the east of the working face. Based upon the foregoing, Haywood County and Santek Environmental of North Carolina, LLC shall come into compliance immediately with all requirements of the regulations in 15A NCAC 13B.1626(2)(a) and 15A NCAC 13B.0203(d) by completing the following: 1. Cover all exposed waste with six inches of earthen material, or approved alternative daily cover, at the end of each operating day. 2. Clean all waste from on and around the tipper and return to the material to the working face at the end of each operating day. 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 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 contact me at 828-296-4700 or e-mail lee.hill@ncdenr.gov. D_EW NORTH CAROLINA Q Aj ilupadmu,1 ui En irp 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Haywood County White Oak Landfill Sincerely, Digitally signed by Lee Hill ON: cn=Lee Hill, o=Solid Waste Section, ou=Field Y-011 Operations Branch, email=lee. h i l I@ ncd en r.gov ,c=US Date: 2019.08.08 13:25:15 -04'00. Notice of Violation Page 3 of 3 August 8, 2019 Lee Hill Environmental Senior Specialist Division of Waste Management - Solid Waste Section Enclosure: August 6, 2019 Inspection Report copies: Jason Watkins, Field Operations Branch Head Deb Aja, Western District Supervisor Jessica Montie, Compliance Officer Amanda Freeman, Compliance Officer D_EW NORTH CAROLINA Q Aj Department ut Envirpn 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500