1403_NOV_20201110

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November 10, 2020

CERTIFIED MAIL 7019 1120 0000 8361 1107
RETURN RECEIPT REQUESTED

Stan Kiser, Caldwell County Manager
Post Office Box 2200
Lenoir, North Carolina 28645

CERTIFIED MAIL 7019 1120 0000 8361 1091
RETURN RECEIPT REQUESTED

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

SUBJECT: Notice of Violations
Compliance Inspection Report
Foothills Regional Landfill
1403-MSWLF-1998
Caldwell County

Dear Mr. Kiser and Registered Agent:

On November 4, 2020, Charles Gerstell, 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. Mr. Stephen Hunter, Mr. Dustin
Hurt, and Mr. Don Phelps were present and represented Foothills Regional Landfill during this
inspection. The following violations were noted:

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.”

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Foothills Regional Landfill
Notice of Violations
Page 2 of 5
November 10, 2020

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 was 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).

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.”

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Foothills Regional Landfill
Notice of Violations
Page 3 of 5
November 10, 2020

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).

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).

Based upon the foregoing, within 5-days of receipt of this Notice of Violations, Foothills
Regional Landfill shall come into compliance by with all requirements of the regulations in 15A
NCAC 13B .1626(2)(a), .0203(d), .1626(11)(c), and .1626(8)(d) by completing the following:

1. All waste within the landfill must be covered with a minimum of 6-inches of earthen
material or approved alternative cover material. The active working face must be covered
at the conclusion of the working day.

2. All windblown waste must be collected and returned to the working face for proper
disposal.

3. All necessary repairs to the western slope of the landfill at the location of the leachate
outbreak must be completed.

4. Submit a soil sampling plan to Ms. Jaclynne Drummond, Compliance Hydrogeologist, 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.

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Foothills Regional Landfill
Notice of Violations
Page 4 of 5
November 10, 2020

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

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.

The violations 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will
conduct a follow-up inspection to verify that the facility has completed the requirements of this
Notice of Violations.

If you have any questions, please contact me at [phone] or
[e-mail].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Enclosure: Facility Compliance Inspection Report
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 09:19:57 -05'00'
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Foothills Regional Landfill
Notice of Violations
Page 5 of 5
November 10, 2020

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Amanda Freeman, Compliance Officer
Don Phelps, General Manager – Republic Services of NC, LLC
Stephen Hunter, Operations Manager – Republic Services of NC, LLC