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HomeMy WebLinkAbout42_N1065_NOV_20210524ROY COOPER Governor DIONNE DELLI-GATTI Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality May 24, 2021 CERTIFIED MAIL 7019 0700 0000 3643 4190 RETURN RECEIPT REQUESTED Jay Myrick 10315 Hwy 158 Littleton, NC 27850 RE: Notice of Continuing and Additional Violation Summit LCID Permit # N1065 Off Phipps Road Littleton, NC 27850 Dear Mr. Myrick, On April 21, 2021, Amanda Thompson and Drew Hammonds, 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. The following continuing violation(s) were noted: A. 15A NCAC 13B .0566 (3), "All waste shall be covered with no less than six inches of soil monthly, or when the working face reaches one acre in size, whichever occurs first." The Summit LCID is in violation of 15A NCAC 138.0566 (3) in that a minimum of six inches of earthen material have not been applied to cover all the disposed solid waste. This violation was identified in the January 17, 2017 and September 24, 2020 inspections. The Summit LCID received a Notice of Violation for this issue on January 30, 2017 that has not been resolved. B. 15A NCAC 13B .0566 (1), "The facility shall only accept those solid wastes which it is permitted to receive." The Summit LCID is in violation of 15A NCAC 138.0566 (1) in that non -conforming wastes, such as asphalt shingles and painted block, were identified within the waste stream. C. 15A NCAC 13B .0566 (2), "Solid waste in the landfill shall be compacted. Slopes shall not exceed a ration of three horizontal to one vertical at any time." D E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA _ oepanmemmEnvironmental a�ar� /� 910.433.3300 Summit LCID Notice of Continuing and Additional Violation Page 2 of 3 May 24, 2021 The Summit LCID is in violation of 15A NCAC 138 .0566 (2) in that the slopes of the mined area were identified to be nearly vertical. The nearly vertical slopes of the mined area were also identified in the comments of the September 24, 2020 and January 19, 2021 inspection reports. The waste that has been deposited along the upper edge of and within the mined area will need to be compacted or properly sloped to a 3:1 ratio. Based upon the foregoing, the Summit LCID shall come into compliance by June 2, 2021 with all applicable requirements of the regulations in 15A NCAC 13B by completing the following: 1. Cease accepting waste at the site until conditions of compliance are met. 2. Remove any non -conforming waste from the waste stream and properly dispose of at a permitted facility. 3. Densely compact the waste and restrict the waste to the smallest feasible area, and properly slope the site to a 3:1 ratio. 4. Apply a minimum of six inches soil to cover all areas of exposed waste. 5. Ensure that the Edge of Waste Markers are in place and visible one to the next. The Summit LCID shall provide a written certification with supporting documentation on company letterhead confirming the noted compliance schedule has been completed. Include in this certification any actions taken to prevent these violations from occurring in the future. The written certification with supporting documentation should be mailed to the following address: Amanda Thompson North Carolina Department of Environmental Quality 225 Green Street, Suite 714 Fayetteville, NC 28301 Amanda.thomason(@ncdner.Rov The violation(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 such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. D�� North Carolina Department of Environmental Quality I Division of Waste Management EQ _ Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 NORTH CAROLINA OeparMeM et Environmental Uual� /`� 910.433.3300 Summit LCID Notice of Continuing and Additional Violation Page 3 of 3 May 24, 2021 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 Violation. If you have any questions regarding this matter, please contact me at (910) 433-3353 (office) or via email at Amanda.thomason(@ncdenr.11zov. Sincerely, Amanda Digitally signed by Amanda Thompson Thompson Date: 2021.05.24 10:27:30 -04'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Jessica Montie, Environmental Program Consultant Chris Hollinger, Compliance Officer E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA _r OeparMeW of Environmental Dual' /`� 910.433.3300