1403_INSP_20201104

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 7

UNIT TYPE:
Lined
MSWLF X LCID YW Transfer Compost SLAS COUNTY: Caldwell
Closed
MSWLF HHW White
goods Incin T&P X FIRM PERMIT NO.: 1403-MSWLF-1998
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: November 4, 2020 Date of Last Inspection: June 24, 2020

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

GPS COORDINATES (decimal degrees): 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
160 Mine Lake Court, Suite 200
Raleigh, North Carolina 27615

PARTICIPANTS:
Steven Hunter, Operations Manager – Republic Services of NC, LLC
Dustin Hurt, Operations Supervisor – Republic Services of NC, LLC
Don Phelps, General Manager – Republic Services of NC, LLC
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit Approval to Operate 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 7

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

A. 15A North Carolina Administrative Code 13B .1626(2)(a) states: “Except as provided in Sub-item (b) of this
item, the owner or operators of all MSWLF units must cover disposed 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.”

15 North Carolina Administrative Code 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the conditions
of the permit.”
x General Permit Condition #6 states: “Construction and operation of this solid waste management facility
must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter
130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this
permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste
Management Rules shall take precedence unless specifically addressed by permit condition. Failure to
comply may result in compliance action or permit revocation.”
x The approved Operation Plan (Doc. ID. No. 21040) is included in the List of Documents for the Approved
Plan. Section 5, Item A “Landfilling/Operations” of the approved Operation Plan states in part: “Per
North Carolina State Regulations, a daily cover of 6” of compacted soil or an approved alternative daily
cover must be placed on top of the daily landfill operation to protect the landfilled garbage from exposure to
rain and becoming windborne, and to prevent rodent and insect propagation or infestation.”

During the inspection, exposed waste observed over a large portion of the south working face (greater that 100’ X
200). Fill in this area began approximately the second week of October near the toe of the slope and continued up
slope to the top of the cell where waste was being placed during the inspection. Mr. Hunter and Mr. Hurt explained
that waste had been previously covered with Posi-Sell, but a rain event of approximately 5-inches experienced at the
facility on October 30, 2020 removed the alternative cover material from the waste. Exposed waste was also
observed on the north facing slope of the landfill near the tippers. Mr. Hurt explained that waste was last placed in
this area approximately one to two months prior. The inspection was performed upon initial opening of the facility,
prior to any waste being received. Waste had not been covered with a minimum of six inches of earthen material or
an approved alternative daily cover at end of the previous operating day. Therefore, Caldwell County and Republic
Services of North Carolina, LLC d.b.a. Foothills Regional Landfill are in violation of 15A NCAC 13B .1626(2)(a)
and 15A NCAC 13B .0203(d).

11/4/20: View of exposed waste on south facing 11/4/20: View of exposed waste on south facing
slope looking north. looking northeast.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 7

11/4/20: View of exposed waste looking north- 11/4/20: View of exposed waste on north facing
west. slope.

To achieve compliance, within 5-days of receipt of the Notice of Violations, all waste within the landfill must
be covered with a minimum of 6-inches of earthen material or an approved alternative cover material at
conclusion of the operating day.

B. 15A North Carolina Administrative Code 13B .1626(11)(c) states: “Methods such as fencing and diking
shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion
of each day of operation, all windblown material resulting from the operation shall be collected and
returned to the area by the owner or operator.”

During the inspection, windblown waste was observed south of the active portion of landfill on each side of the
access road and east of the active working face along the access road. The waste had not been collected at the
conclusion of the previous day of operation. Therefore, Caldwell County and Republic Services of North Carolina,
LLC d.b.a. Foothills Regional Landfill are in violation of 15A NCAC 13B .1626(11).

11/4/20: View of windblown waste deposited on 11/4/20: View of windblown waste below south
opposite side of access road below south facing facing slope.
slope.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 7

11/4/20: View of windblown waste within roadside
ditch east of working face looking south.

To achieve compliance, within 5-days of receipt of the Notice of Violations, all windblown waste must be
collected and returned to the working face for proper disposal.

C. 15A North Carolina Administrative Code 13B .1626(8)(d) states: “Leachate shall be contained within a lined
disposal cell or leachate collection and storage system. All leachate shall be treated, as required by the receiving
facility, prior to discharge. An NPDES permit may be required prior to the discharge of leachate to surface waters,
as provided by 40 CFR Parts 258.26 and 258.27.”

During the inspection a leachate outbreak was observed on the west facing slope of the landfill at the transition area
of Cells 3C and 4. Leachate was observed flowing beyond the edge of liner markers into the roadside ditch along the
access road and into a storm drain that deposits into existing wet detention basin 3B. Landfill staff began repairs and
stopped the flow of leachate into the roadside ditch prior to the conclusion of the inspection. However, as leachate
was not contained within the lined disposal cell or leachate collection system, or treated prior to discharge, Caldwell
County and Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill are in violation of 15A
NCAC 13B .1626(8)(d).

11/4/20: View of leachate outbreak in eroded gully 11/4/20: View of eroded gullies in which leachate
on west facing slope. traveled beyond the edge of liner.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 7

11/4/20: View of slope erosion adjacent to slope 11/4/20: View of leachate flowing south within
just above roadside ditch. Leachate flowed through roadside ditch to storm drain.
this eroded area into ditch.

11/4/20: View of leachate entering storm drain with
concrete cover.

To achieve compliance, within 5-days of receipt of the Notice of Violations, Caldwell County and Republic
Services of North Carolina, LLC d.b.a. Foothills Regional Landfill must make all necessary repairs to the
western slope of the landfill at the location of the leachate outbreak.

Submit a soil sampling plan to Ms. Jaclynne Drummond, Compliance Hydrogeologist, must be contacted to
determine the requirements for a soil sampling plan to determine the impact of the leachate release. Pending
the laboratory analytical results, additional measures may be required.

Jaclynne Drummond, Compliance Hydrogeologist
Division of Waste Management/Solid Waste Section
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
[phone]
[e-mail]

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 6 of 7

ADDITIONAL COMMENTS

1. The facility consists of a lined MSWLF, Tire Management Area, White Goods Area, and Mulching and Grinding
Area.
2. The facility had proper signage.
3. A gate was located at the entrance to the facility to prevent unauthorized access.
4. This was a partial inspection in response to a citizen complaint. Please see “Observed Violations” above for
comments.
x On November 6, 2020, Mr. Stephen Hunter submitted multiple photographs via email showing the
facility’s efforts to comply with the violations documented above. The photographs showed soil had been
placed on a portion of the southern slope and northern slope. the photographs also appeared to show that
work had commenced to repair the leachate outbreak on the western facing slope of the landfill.
Compliance with the documented violations will be confirmed through a follow-up inspection.

Operations Inspection of the MSWLF Unit:

5. Waste was being placed in Cell 1B at the time of inspection.
6. The working face was very large at the time of inspection.
7. One tipper was being used at the time of inspection.
8. No unacceptable waste streams were observed within the active portion of the working face. However, one scrap
tire was observed at the toe of the south facing slope. Mr. Hurt stated that the tire would be removed.
9. During the inspection, an area of erosion was observed in the south facing slope near the recently installed survey
markers. Some exposed waste was observed within the erosion. Please ensure that all eroded areas are repaired
and stabilized with a groundcover sufficient to restrain erosion.
10. During the previous inspection, severe erosion was observed in the roadside ditch located on the north side of the
landfill. Subsequent to the inspection, Mr. Hunter provided photos via email on 6/26/20 showing that the swale
had been repaired.
x Inspection of the facility on November 4, 2020 found some slight erosion of the roadside ditch, but no
exposed waste was observed. Multiple rip rap check dams had been installed within the ditch, and two 24-
inch CMPs had been installed under the access road to divert water out of the ditch. Please continue
efforts to prevent erosion of this roadside ditch.
11. Additional edge of liner markers had been installed along the north and west side of the landfill as requested on the
previous inspection report. Thank you for your attention to this matter.
12. During the inspection, many of the edge of liner markers along the south side of the landfill were not easily visible
due to dense vegetation. Please cut back vegetation around these markers to ensure they are visible at all times.
13. Multiple areas of erosion were observed on perimeter slopes of the landfill. Please ensure that areas of erosion are
repaired and stabilized with a groundcover sufficient to restrain erosion.

Inspection of the Grinding Area:

14. Wood had recently been ground prior to the inspection.
15. The collection area was bordered by a gravel berm. However, mulch of the berm had been covered with mulch
from grinding operations. Please monitor this area during grinding operations to ensure that mulch is not lost
beyond the berm onto the slope below.
16. A new sign had been installed detailing what types of waste were acceptable and not acceptable for disposal in this
area.
17. One painted pallet was observed during the inspection. Mr. Hurt immediately removed the pallet during the
inspection.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 7 of 7

Supporting Comments:

18. Leachate tanks were observed.
x A concrete containment area is provided adjacent to the tanks for use during pumping operations. The
containment area contains a sump located in the center with no outlet. The containment area has an
approximate capacity of 5,500-gallons of liquid.
x Both tanks read 14-feet at the time of inspection.
x Standing water was observed within the secondary containment area. Mr. Hurt explained that the water
was the result of recent rains, and the water would be pumped out of the containment area.
19. All roads within the facility were of all-weather construction and well maintained.

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: 11/10/20 Email Hand delivery X US Mail
(w/ NOV) X Certified No. [7019 1120 0000
8361 1107 & 7019 1120 0000
8361 1091]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Jason Watkins, Field Operations Branch Head – Solid Waste Section
Don Phelps, General Manager – Republic Services of NC, LLC
Stephen Hunter, Operations Manager – Republic Services of NC, LLC
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2020.11.10 09:05:56 -05'00'