1403_INSP_20190830

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 5

UNIT TYPE:
Lined
MSWLF X LCID YW Transfer Compost SLAS COUNTY: Caldwell
Closed
MSWLF HHW White
goods X Incin T&P X FIRM PERMIT NO.: 14-03
CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: August 23, 2019 & August 30, 2019 Date of Last Inspection: June 26, 2019

FACILITY NAME AND ADDRESS:
Foothills Regional Landfill
2800 Cheraw Road
Lenoir, North Carolina 28645

GPS COORDINATES: Lat.: 35.91531 Long.: -81.59568

FACILITY CONTACT NAME AND PHONE NUMBER:
Owner: Caldwell County
Contact: Stan Kiser, County Manager
Telephone: [phone]
Email address: [e-mail]

Operator: Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill
Contact: Steven Hunter, Operations Manager, Foothills Regional Landfill
Telephone: [phone]
Email Address: [e-mail]

FACILITY CONTACT ADDRESS:
Stan Kiser, Caldwell County Manager
Post Office Box 2200
Lenoir, North Carolina 28645

CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill
150 Fayetteville Street, Box 1011
Raleigh, North Carolina 27601

PARTICIPANTS:
Steven Hunter, Operations Manager – Republic Services of NC, LLC
Jason Reynolds, Operations Supervisor – Republic Services of NC, LLC
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit Approval to Operate the MSW Landfill Phases 1 – 4 was issued to Caldwell County (Owner) and Republic
Services of North Carolina, LLC, (Operator) a wholly owned subsidiary of Republic Services, Inc., d.b.a. Foothills
Regional Landfill on December 7, 2018.

PURPOSE OF SITE VISIT:
Partial Inspection

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 5

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:
15A North Carolina Administrative Code 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.”

During an inspection of the facility on August 23, 2019, exposed waste was observed at the smaller working face located
west of the primary working face designated for disposal of smaller residential waste loads. According to staff, this area
last received waste two days prior to the inspection. Some Posi-Shell was observed, but coverage was sparse, and waste
was easily identifiable. Exposed waste was also observed along the edge of the active working face. Mr. Reynolds
explained that these perimeter areas also last received waste two days prior to the inspection. Posi-Shell installed on waste
in this area was also inadequate leaving waste easily identifiable. Exposed waste was also observed along the rain flap of
the unused portion of Phase 5B. It appeared that earthen cover was not extended to the toe of the slope leaving waste
exposed.

8/23/19: View of exposed waste of smaller working 8/23/19: View of exposed waste along northern
face, east of primary working face looking south. Perimeter of primary working face looking east.
(photo by C. Gerstell) (photo by C. Gerstell)

8/23/19: View of exposed waste along edge of rain 8/30/19: View of former smaller working face west
flap of unused portion of Cell 5B. (photo by C. of primary working face. Good earthen cover pro-
Gerstell) vided. (photo by C. Gerstell)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 5

8/30/19: View of former northern edge of working 8/30/19: View of eastern edge of working face along
face viewed on 8/23/19. Now with good earthen rain flap of unused portion of Cell 5B no with good
cover. (photo by C. Gerstell) earthen cover. (photo by C. Gerstell)

Mr. Hunter sent a series of photos by email on August 28, 2019 showing earthen cover had been provided over the waste
in the areas of concern. A follow-up inspection performed on August 30, 2019 confirmed that adequate earthen cover had
been provided to the areas of concern observed during the previous inspection. As a result, the above violation is
considered resolved. Thank you for your attention to this matter. Please ensure that proper cover is provided in
the future to ensure compliance with the General Statutes and Administrative Rules.

ADDITIONAL COMMENTS

1. This was a partial inspection to respond to a complaint of odors emanating from the facility.
2. The facility consists of a lined MSWLF, Tire Management Area, White Goods Area, and Mulching and Grinding
Area.
3. The facility had proper signage.
4. A gate was located at the entrance to the facility to prevent unauthorized access.

Operations inspection of the MSWLF Unit:
5. Waste was being placed in Cell 5B at the time of inspection.
6. One tipper was being used at the time of the inspection.
7. No unacceptable waste streams were observed.
8. Windblown waste was well controlled.
9. During the August 23rd and August 30th inspections, an area of severe erosion was observed on the south facing
slope of Cell 5A adjacent to a slope drain. No exposed waste was observed. Please ensure that this erosion is
repaired as soon as possible to prevent the condition from worsening. The slope drain must also be repaired to
ensure proper function of the device.
10. During the August 23, 2019 inspection, rill erosion was observed in multiple areas on the west and north slopes of
the landfill where vegetation was needed. The August 30, 2019 inspection found efforts to repair the erosion on
the landfill, but not all areas had been addressed. Continue efforts to repair all areas of erosion and stabilize all
bare areas with a groundcover sufficient to restrain erosion.

The item(s) 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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 5

Inspection of the Tire Collection Area:
11. Tires were being collected into multiple covered trailers located west of the scale house, and adjacent to the
methane flare.
12. All tires were located within the designated trailers at the time of inspection.
13. This area was well managed.

Inspection of the White Goods Collection Area:
14. White goods containing chlorofluorocarbons (CFCs) are collected on a concrete pad west of the scale house
adjacent to the scrap metal collection area.
15. CFCs are removed by a contractor when metal is removed from the facility.
16. During the inspection on August 23, 2019, multiple white goods containing CFCs were observed laying on their
sides. Please ensure that white goods containing CFCs are maintained in an upright condition to maintain the
integrity of the appliance.

Inspection of the Grinding Area:
17. Material had been ground since the inspection performed on June 26, 2019.
18. During the August 23, 2019 inspection, a pile of material which included unacceptable waste such as plastic,
metal, and possible tarp material was observed during the inspection. Mr. Hunter and Mr. Reynolds stated that
they were aware of where the material came from and were working to get the material removed. During the
August 30, 2019 inspection, Mr. Hunter stated that due to efforts to address the above violation, the unacceptable
material had not yet been removed from the grinding area. He explained that staff were going to remove the
material by the end of the day.
19. The collection area was bordered by a gravel berm.

Supporting Comments:
20. As noted above, the inspection performed on August 23, 2019 was performed in response to a complaint of odors
emanating from the facility. Odor checks were performed at five separate locations in the area surrounding the
facility.
• No odors associated with landfill activities were detected with the exception of one location near the
intersection of Hoods Creek Road and Cheraw Road (location shown on below photo). A landfill gas
related odor was detected at this location.
• The odors were discussed with Mr. Hunter and Mr. Reynolds during the August 23rd inspection. Mr.
Reynolds explained that condensation was removed from all sumps in the facility the previous day
resulting in the flare being shut down for approximately three to four hours.
• It is requested that the facility investigate any odors emanating from the facility and take any actions to
minimize fugitive odors.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 5

21. Three fires have occurred at the facility since the inspection performed on June 26, 2019. The fires occurred on
July 1, 2019, August 11, 2019, and September 1, 2019. The facility notified the Solid Waste Section of each
incident within the timelines required.
• Mr. Bouchard notified the Solid Waste Section on September 3, 2019 that the latest incident was believed
to be caused by a waste stream received at the landfill which involved a waste solidification process using
sawdust. Mr. Bouchard informed the solid waste section that this waste stream was also believed to be the
cause of the earlier fire incidents. The waste stream is no longer being accepted.
• In light of the recent fires, it is recommended that the facility review it’s contingency plan for fires to
determine if any changes or updates are needed.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 9/6/19 X Email Hand delivery US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section