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Home My WebLink About0403_NOV_20210428 April 28, 2021 CERTIFIED MAIL 7018 0360 0002 2096 6770 RETURN RECEIPT REQUESTED Corporation Service Company, Registered Agent Chambers Development of North Carolina, Inc. Waste Connections of North Carolina, Inc. 2626 Glenwood Avenue, Suite 550 Raleigh, North Carolina 27608 SUBJECT: Notice of Violation Compliance Inspection Report Chambers Development MSW Landfill (Anson County) Permit No. 0403-MSWLF-2010 Anson County Dear Registered Agent, On March 24, 2021, Teresa Bradford, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with the North Carolina solid waste statutes and rules. Tyler Fitzgerald, District Manager and Dustin Towne, Operations Manager, with Waste Connections Inc. were present and represented Chambers Development MSW Landfill during this inspection. The following violations were noted: A. 15A 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 condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 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.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.7 Dust, Odor and Vector Control” of the approved Operation Plan states in part, “Odor Control- Odors shall be controlled in accordance with the state regulations was well Chambers Development of North Carolina, Inc. Notice of Violation Page 2 of 4 April 28, 2021 as by the provisions of the Agreement relating to the reporting, monitoring, and necessary corrective actions to be taken. If any particular odorous wastes are received, the wastes will be covered with sufficient material to minimize the odor. The Landfill will employ appropriate waste compaction and covering techniques to minimize the potential for odors related to the working face. This includes the timely placement of daily cover, placing cover quickly over odorous loads and the spreading of lime or other odor neutralizing agents on areas of the landfill that may exhibit odors. Odor neutralizing mists may be employed as well.” During the inspection, strong landfill gas odor and sludge type odors were detected along Highway 74 approximately 0.5 miles both east and west of the landfill entrance road (Dozer Road). The wind direction at the time of the inspection was from the direction of the landfill. No other odors were detected in areas surrounding the landfill. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to control odors. B. 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.” During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc. a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .1626(2)(a) by failing to adequately cover all disposed waste with six inches of earthen material. C. 15A 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 condition of the permit.” Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 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.” The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the Approved Plan. Section 5.17.2 “Daily Cover” of the approved Operation Plan states in part, “Daily Cover comprised of 6 inches of compacted soil or other approved alternative material will be placed on the working face and other exposed waste at the end of each operating day. If conditions warrant (such as adverse weather or excessive wind), daily cover will be applied at more frequent intervals. Daily cover will also serve as a firebreak.” Chambers Development of North Carolina, Inc. Notice of Violation Page 3 of 4 April 28, 2021 During the inspection, exposed waste was observed along the haul road leading to the active working area. Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to adequately cover all disposed waste with six inches of earthen material. D. 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 on the eastern side slope of the landfill. A past noted violation was observed on January 30, 2020 for this same area. Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .1626(11)(c) for failing to collect and properly dispose of windblown material at the conclusion of each day of operation. Based upon the foregoing, Chambers Development of North Carolina, Inc. shall come into compliance within with all requirements of the regulations in 15A NCAC 13B .0203(d), 15A NCAC 13B .1626(2)(a) and 15A NCAC 13B .1626(11)(c) by completing the following: 1. Within 30 days of receipt of this Notice of Violation, implement all measures necessary to control odors at the facility in accordance with the approved operations plan. 2. Within 10 days of receipt of this Notice of Violation, all waste must be covered with a minimum of six inches of earthen material or an approved alternative cover material at the conclusion of each operating day. Areas which will not have additional waste placed on them for 12- months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. 3. Within 10 days of receipt of this Notice of Violation, all windblown waste must be collected and returned to the active working area. 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. Please note, if odors do not diminish and complaints continue, a third party odor investigation will be required. Solid Waste Section staff will conduct a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of Violation. Chambers Development of North Carolina, Inc. Notice of Violation Page 4 of 4 April 28, 2021 If you have any questions, please contact me at (704) 235-2160 or e-mail teresa.bradford@ncdenr.gov. Sincerely, Teresa N. Bradford Environmental Senior Specialist Division of Waste Management - Solid Waste Section Enclosed: Inspection Report Dated 3/24/21 Copies: Jason Watkins, Field Operations - Solid Waste Section Deb Aja, Western District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer - Solid Waste Section Tyler Fitzgerald, District Manager - Waste Connections, Inc.