N1101_NOCV_20190826

ROY COOPER
MICHAEL S. REGAN
serrrtary
MICHAEL SCOTT
Direcw
NOP27H CAROLWA
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August 26, 2019
CERTIFIED MAIL: 7017 2620 0000 6788 4507
RETURN RECEIPT REQUESTED
Terry Whitesides
T&L Grading, Inc.
144 Tonya Road
Kings Mountain, NC 28086-9698
SUBJECT: Notice of Continuing Violation
Compliance Inspection Report
Whitesides/T&L Grading, Inc. Notified LCID Landfill
N 1101
Gaston County
Dear Mr. Whitesides:
On July 16, 2019, the State of North Carolina, Division of Waste Management Solid Waste Section
(Section) issued a Notice of Violation letter to Terry Whitesides regarding facility violations. The
Solid Waste Section conducted a follow-up inspection of the site on August 16, 2019. Due to the
fact that the violation noted in the NOV July 16, 2019 letter has not been corrected at this time,
you are hereby notified that the Section intends to move forward in the enforcement process. In
order to potentially abate any further action forthcoming, it is recommended that the corrective
action listed in the NOV letter be taken immediately upon receipt of this notice:
A. CONTINUING VIOLATION: 15A North Carolina Administrative Code 13B .0566(4), cited
for failure to apply adequate soil cover monthly, or when the active area reaches one acre
in size, whichever occurs first.
During the inspection conducted on July 7, 2019, landfill side slopes were observed to have
inadequate (no) soil cover. Cover requirements were discussed with Mr. Whitesides during that
inspection along with the requirement to apply cover to all burned debris from the open burning.
During the inspection conducted on August 16, 2019, landfill side slopes were observed to have
inadequate soil cover and an area containing charred debris and ashes from the opening burning
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 Continuing Violation
Page 2 of 2
August 26, 2019
observed on July 11, 2019 was observed to have no soil cover. Therefore, T&L Grading continues
to be in violation of 15A NCAC 13B .0566(4).
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.
We solicit your cooperation and would like to avoid taking further enforcement actions. At the
same time, it is your responsibility to comply with the requirements of the General Statutes
and/or the North Carolina Administrative Code. If you have any questions regarding this matter,
please feel free to contact me at [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Kim Sue
DN: cn=Kim Sue, o=Division of Waste
- Management, ou=Solid Waste Section,
w. C. email=[e-mail], c=US
Date: 2019.08.26 14:02:48-04'00'
Kim Sue
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
copies: Ed Mussler, Solid Waste Section Chief
Carolyn McLain, Assistant Attorney General
Jason Watkins, Field Operations Branch Head — Solid Waste Section
Deb Aja, Western District Supervisor — Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
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