71A_NOV_20191014

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200

October 14, 2019

CERTIFIED MAIL 7018 2290 0001 8296 1437
RETURN RECEIPT REQUESTED

Mr. Clyde Wisecarver
6524 Murrayville Road
Wilmington, NC 28411

SUBJECT: Notice of Violation
Compliance Inspection Report
Running Deer Landfill
71A-LCID
Pender County

Dear Mr. Wisecarver:

On September 26, 2019 and October 4, 2019, Liz Patterson and David Powell, 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.
Clyde Wisecarver was present and represented Running Deer Landfill during these inspections.
The following violation(s) were noted:

A. Per 15A NCAC 13B .0566(2), “The facility shall only accept those solid wastes
which it is permitted to receive.”
B. Per 15A NCAC 13B .0566(3), “Solid waste shall be restricted to the smallest area
feasible and compacted as densely as practical into cells.”
C. Per 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.”
D. NCAC 13B .0566 (5) States: “120 calendar days after completion of any phase of
disposal operations, or upon revocation of a permit, the disposal area shall be
covered with a minimum of one foot of suitable soil cover sloped to allow surface
water runoff in a controlled manner. The Division may require further action in
order to correct any condition which is or may become injurious to the public health,
or a nuisance to the community.”
E. Per NCAC 13B .0566 (11) States: “Solid waste shall not be disposed of in water.”

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Running Deer Landfill
Notice of Violation
Page 2 of 3
October 14, 2019

F. Attachment 3, Section 17, of the LCID permit No. 71A-LCID states, “Solid waste must
be covered with 1 foot of suitable soil cover at least once per month or when the
active area reaches 1 acre in size, whichever occurs first, or more often when
necessary to prevent the site from becoming a nuisance or to mitigate conditions
associated with fire, windblown materials, vectors or excessive water infiltration.”

G. Per Attachment 3, Section 12, of the LCID permit No. 71A-LCID states, “the facility
must maintain a supply of cover material adequate to cover the working face in case
of an emergency or fire, at all times.

H. Per Attachment 3, Section 12, of the LCID permit No. 71A-LCID states, “Excavation,
grading and fill material side slopes must not exceed a ratio of three horizontal feet
to one vertical feet (3:1).”

Based upon the foregoing, Running Deer Landfill shall come into compliance by Wednesday,
November 28, 2019 with all requirements of the regulations in 15A NCAC 13B .0566 (2), (3),(4),
(5), (11) and Attatchment 3, Sections 11, 12, and 17 of the LCID permit by completing the
following:

I. Upon receipt of this Notice of Violation, uncovered waste needs to be covered with one foot of
suitable soil to prevent the site from becoming a nuisance or to mitigate conditions associated
with fire, windblown materials, vectors or excessive water infiltration.
J. within 30 days of receipt of this Notice of Violation
K. Operator will continue to keep the LCID working face as small as possible.
L. Solid waste must be covered with 1 foot of suitable soil cover at least once per month or when
the active area reaches 1 acre in size, whichever occurs first, or more often when necessary
M. Unacceptable waste needs to be removed and properly disposed of.
N. Facility needs to maintain sufficient cover onsite to cover all the active areas/phases of waste
onsite.
O. Waste needs to be removed from water and site properly graded to allow positive
drainage.
P. Side slopes greater than a 3:1 slope need to be corrected.
Q. Permanent waste boundary markers need to be installed within 30 days and maintained
around the entire landfill to include active and inactive areas. Waste marker frequency
should be placed so that you can see from one to the other.

The violation(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
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Running Deer Landfill
Notice of Violation
Page 3 of 3
October 14, 2019

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 910-796-7405 or
[e-mail].

Sincerely,

Liz Patterson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Drew Hammonds, Eastern District Supervisor - Solid Waste Section
Jason Watkins, Field Operations Branch Head - Solid Waste Section
Jessica Montie, Environmental Program Consultant- Solid Waste Section
Amanda Freeman, Compliance Officer – Solid waste Section