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