1403_INSP_20201217

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 4

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

Date of Site Inspection: December 17, 2020 Date of Last Inspection: November 4, 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 4

STATUS OF PAST NOTED 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 an inspection on November 4, 2020, 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 were found in violation of in violation
of 15A NCAC 13B .1626(2)(a) and 15A NCAC 13B .0203(d).

Inspection of the facility on December 17, 2020 found good operational cover on inactive portions of the landfill.
Therefore, these violations are considered resolved. Thank you for your attention to this matter.

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 an inspection on November 4, 2020, windblown waste was observed south of the active portion of the 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 were found in violation of 15A NCAC 13B .1626(11).

Inspection of the facility on December 17, 2020 found severe windblown waste along the southern and eastern slopes
of the landfill. Mr. Hunter explained that the facility received strong winds in excess of 25 – 30 mph on December
14th and 15th. Facility staff were collecting windblown waste at the time of inspection. Therefore, corrective
actions are currently in progress. A follow-up inspection will be performed at a future date to confirm
compliance.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 4

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 an inspection on November 4, 2020, 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
November 4th 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 was found in violation of 15A NCAC 13B .1626(8)(d).

Inspection of the facility on December 17, 2020 found the area of the leachate outbreak had been repaired.
Accumulated sediment had been removed from the roadside ditch located along the west facing slope of the landfill.
A Limited Leachate Release Assessment was submitted to the Solid Waste Section via email on December 4, 2020.
On December 7, 2020, Ms. Jaclynne Drummond, Hydrogeologist for the Solid Waste Section, issued a response
verifying that the Section approved the Report of Limited Leachate Release Assessment, and no additional
environment assessment associated with the release was required. Therefore, this violation is considered resolved.
Thank you for your attention to this matter.

OBSERVED VIOLATIONS:
No new violations observed.

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 to evaluate the facility’s efforts to comply with the violations documented in the
Notice of Violations issued on November 10, 2020. Please see “Status of Past Noted Violations” for comments.
5. Soils were very wet at the time of inspection.
6. All access roads were of all-weather construction and well maintained.

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 4 of 4

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: 12/22/20 X Email Hand delivery US Mail

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

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: 2020.12.22 09:33:37 -05'00'