34_N0667_NOCV_20191017

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
\RtQ�N°E%
NORTH CAROLINA
Environmental Quality
October 17, 2019
CERTIFIED MAIL NO. 7007-1490-0004-9565-2423
RETURN RECEIPT REQUESTED
Mr. Tom Westmoreland, President
J. Westmoreland, Inc.
6851 Old Still Trail
Kernersville, NC 27284
SUBJECT: Notice of Continuing Violation
Compliance Inspection Report
J. Westmoreland, Inc. LCID
Permit ID Number N0667
Forsyth County
Dear Mr. Westmoreland:
On July 12, 2019, the State of North Carolina, Division of Waste Management Solid Waste Section
(Section) issued a Notice of Violation (NOV) letter to J. Westmoreland, Inc. regarding facility
violations. The NOV letter set forth a series of corrective actions to be taken in order to resolve
the violations. Subsequent conversations via phone and email reinforced the necessary steps to
be undertaken by J. Westmoreland, Inc.
The Section conducted a follow-up inspection of the site on September 9, 2019 and observed it
to be in the same general condition as on previous site visits. Although weekly progress reports
have been submitted to the Section by Mr. Bryan on behalf of J. Westmoreland, Inc. from July 12
through October 4, 2019, these reports indicate that progress relating to the requirements of the
NOV has been limited to the removal of unacceptable waste and to wood grinding operations on
top of the landfill. Due to the fact that the violations noted in the July 12, 2019 letter have not
been corrected at this time and that the information requested has not been submitted to the
Section for review, 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 actions listed in the NOV letter, as well as those listed below,
be taken immediately upon receipt of this notice:
NORTH CAROL INAD_E QWA)
Oepartmenl pt Enviranmanta113Mity
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office) 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

J. Westmoreland, Inc.
Notice of Continuing Violation
Page 2 of 2
October 17, 2019
1. By December 10, 2019, submit a draft survey, prepared by a licensed surveyor, to the
Section for review that includes these elements:
a. a delineation of the location of materials placed on the site by waste type (e.g.
wood waste, inert debris, and wood waste mixed with inert debris), indicating the
edge -of -waste for disposal areas and location of storage areas, and their
respective sizes; and,
b. the distance from the edge of waste of disposal areas to property lines.
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 via e-mail at susan.heim@ncdenrgov.
Sincerely,
Digitally signed by Susan Heim
i ` v Sec cn=Susan el Opedolld Waste
Section, ou=Field Operations
Branch,
mail-susan.he @ncdenr.gov,
c=uS
Date:2019.10.17 14:24:17-04'00'
Susan Heim
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
Deb Aja, Western District Supervisor
Ming-Tai Chao, Permitting Engineer
Jessica Montie, Compliance Officer
NORTH CAROL INAD E Q�/�
Vepadment of EmirenmentaI Buafity
North Carolina Department of Environmental Quality I Division of Waste Management
Winston-Salem Regional Office) 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800