N1060_INSP_20200408

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Craven
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: LCIDN-N1060-
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Inspection: 8 April 2020 Date of Last Inspection: 21 May 2018

FACILITY NAME AND ADDRESS:
Garner LCID Site
Lake Road
Havelock, NC 28557

GPS COORDINATES: N: 34.86227 E: -076.94477

FACILITY CONTACT NAME AND PHONE NUMBER:
Jerry Levi Garner, Sr
252.241.9790

FACILITY CONTACT ADDRESS:
J L Garner Construction Company
140 Austin Odell Rd
Newport, NC 28570

PARTICIPANTS:
Ray Williams; NCDEQ/Solid Waste

STATUS OF PERMIT:
Notified LCID

PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection

STATUS OF PAST NOTED VIOLATIONS:
None applicable

OBSERVED VIOLATIONS:
1) 15A NCAC 13B .0564 (9)(a) states “The facility shall meet the following minimum buffer requirements: 50 feet
from the waste boundary to all surface waters…”
2) 15A NCAC 13B .0564 (9)(b) states “The facility shall meet the following minimum buffer requirements: 100
feet from the disposal area to property lines…”
3) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the
facility.”
4) 15A NCAC 13B .0566 (3) states “Solid waste shall be restricted to the smallest area feasible and compacted as
densely as practical into cells.”
5) 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.”
6) 15A 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.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N1060_INSP_20200408
Page 2 of 5

7) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized
to prevent silt from leaving the site and to prevent excessive on site erosion.”
8) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be
accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill
development.”
9) 15A NCAC 13B .0566 (16) states “A sign shall be posted at the facility entrance showing the contact name and
number in case of an emergency and the permit number. The permit number requirement is not applicable for
facilities not requiring an individual permit.”

Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above.

ADDITIONAL COMMENTS:
1) This Facility is a Land-Clearing and Inert Debris Landfill Notification.
2) This Facility is recorded with the Craven County Register of Deeds at: Book 2999; Pages 858-860.
3) This Facility is permitted to receive for disposal:
a. Land Clearing Waste: stumps, trees, limbs, brush, grass, and other naturally occurring vegetative
materials generated solely from land clearing activities.
b. Yard Trash: brush, grass, tree limbs, and similar vegetative materials resulting from landscaping and
yard maintenance.
c. Inert Debris and Untreated Wood: concrete, brick, concrete block, uncontaminated soil, gravel and
rock, untreated and unpainted wood; and
d. Used Asphalt: used asphalt or asphalt mixed with dirt, sand, gravel, rock, and concrete.
4) The disposal area for this Facility may not exceed 2 acres in total size. *The waste disposal footprint appears
to have exceeded the maximum allowable size of 2 acres. Within thirty days of receipt of this Facility
Compliance Inspection Report, the waste disposal boundary should be measured and the perimeter of the 2-
acre disposal area should be staked with permanent, highly visible markers to identify the landfill footprint
boundaries and all required buffers as listed in 15A NCAC 13B .0564 (9) on your LCID notification form.
Any waste found to have been placed within this buffer should be pulled back to within the proper disposal
area.
5) This Facility is secured by a cable-type gate at the Facility entrance and has controlled access for safety. The
gate and cable were unlocked upon my arrival and no attendant was on-site during this Facility Compliance
Inspection. *Moving forward, the gate should be closed and locked at any time there is no attendant on site.
6) The signage that was posted at the Facility entrance stating the Facility name, notification number and
emergency contact number has been laid down and needs to be placed back in an upright position. *Within
thirty days of receipt of this Facility Compliance Inspection Report, please replace the sign at the property
entrance.
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
N1060_INSP_20200408
Page 3 of 5

7) The Facility access road is of all-weather construction and is being properly managed at this time.
8) Soil has been stockpiled in an area adjacent to the landfill for use in cover and maintenance operations.
9) This Facility maintains a Caterpillar D3G Crawler Tractor and a Caterpillar 300 Series Tracked Excavator
onsite for operations and maintenance.
10) The waste disposal area appears to have encroached the required 100’ property line buffer along the eastern
end of the landfill. *Within thirty days of receipt of this Facility Compliance Inspection Report, the waste
disposal boundary should be measured and the perimeter of the 2-acre disposal area should be staked with
permanent, highly visible markers to identify the landfill footprint boundaries and all required buffers as listed
in 15A NCAC 13B .0564 (9) on your LCID notification form. Any waste found to have been placed within
this buffer should be pulled back to within the proper disposal area. (Please see the aerial photograph on the
final page of this report for the area of concern.)
11) The waste disposal area appears to have encroached the required 50’ surface water buffer near the pond along
the southwestern corner of the landfill. *Within thirty days of receipt of this Facility Compliance Inspection
Report, the waste disposal boundary should be measured and the perimeter of the 2-acre disposal area should
be staked with permanent, highly visible markers to identify the landfill footprint boundaries and all required
buffers as listed in 15A NCAC 13B .0564 (9) on your LCID notification form. Any waste found to have been
placed within this buffer should be pulled back to within the proper disposal area. (Please see the aerial
photograph on the final page of this report for the area of concern.)
12) The active working face appears to have exceeded the maximum allowable size and does not appear to have
been compacted and covered in the last thirty days. *Within thirty days of receipt of this Facility Compliance
Inspection Report, please ensure that all waste is compacted, covered and graded. Moving forward, please
ensure that all waste is compacted, covered, graded monthly or when the active working area reaches one acre
in size, whichever occurs first.

13) *Please ensure that all Facility sideslopes are maintained at a slope not greater than 3:1 and the area around
the toe of the landfill is properly sloped to effectively convey all surface waters away from the waste disposal
area.
14) The waste type was reviewed during this Facility Compliance Inspection. The waste type being disposed is
LCID waste only.
15) The area around the entire toe of the landfill needs to be cleared and mowed in order to provide unimpeded
access around the landfill for maintenance operations and inspections. *Within thirty days of receipt of this
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N1060_INSP_20200408
Page 4 of 5

Facility Compliance Inspection Report, please mow the area around the toe of the landfill to provide for clear
access for inspection and maintenance.
16) Inert debris including concrete, brick, and asphalt is being stockpiled for reuse in an area adjacent to the
landfill access road. *Please note that the State rules regarding recovered materials state that for a material to
qualify as a recovered material, the majority of the material (75% or more) must be sold, used, or re-used
within the calendar year of placement on site. All inert debris that cannot meet this requirement needs to be
placed in the landfill for proper disposal.
17) The inert debris pile is not being maintained at least 50’ from the property line. *Within thirty days of receipt
of this Facility Compliance Inspection Report, please move all inert materials staged on site outside of the 50’
property line buffer.
18) No off-site erosion was noted during this Facility Compliance Inspection.
19) *Corrective actions are needed as a result of this Facility Compliance Inspection.

Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.

Ray Williams; Environmental Senior Specialist Phone: [phone] E-mail: [e-mail]

Regional Representative

Delivered on: 16 April 2020 by Electronic delivery US Mail X Certified No. [7019 0160 0000
3479 8926]

cc: Andrew Hammonds; Eastern District Supervisor/SWS: [e-mail]
S Rusty Cotton III; Craven County Solid Waste & Recycling Director: [e-mail]
C: \2020\Craven\Notifications\N1060\Inspections\N1060_INSP_20200408
NCDEQ DWM Laserfiche Online Document Management System:
https://edocs.deq.nc.gov/WasteManagement/Browse.aspx?id=1065&dbid=0&repo=WasteManagement


 Go Green! Thank you for helping NCDEQ be environmentally responsible. 

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N1060_INSP_20200408
Page 5 of 5

Property line marked in blue. 
Approximate current LCID Landfill disposal footprint marked in red. 
Approximate inert debris/reclaimed materials storage area marked in yellow.