N0516_NOD_20121107

NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director
Division of Waste Management
November 7, 2012
CERTIFIED MAIL 7008 0150 0000 7473 5087
RETURN RECEIPT REQUESTED
Byron Butler
P.O. Box 945
Old Fort, NC 28762
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Butler's Notified Land Clearing & Inert Debris (LCID) Landfill
N0516
McDowell County
Dear Mr. Butler,
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
On November 2, 2012, I, Bill Wagner, 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 Statues and Rules. You, Mr. Butler, were present representing the Butler's Notified Land Clearing
& Inert Debris (LCID) Landfill. During this inspection, the following items were noted and/or observed:
1. 15A NCAC 13B .0566(16) states:
"A sign shall be posted at the facility entrance showing the contact name and number in case of an
emergency."
By failing to post a sign at the facility entrance that shows the emergency contact name and phone
number in accordance with the Solid Waste Management Rules, Byron Butler has violated 15A NCAC
13B .0566(16).
2. 15A NCAC 13B .0566(4) states:
"Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size,
whichever occurs first."
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] \ FAX: [phone] \ Internet: http://portal.ncdenr.org/web/guest
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
naturally

By failing cover the solid waste at the Butler's Notified Land Clearing & Inert Debris (LCID) Landfill
with adequate soil cover, at least monthly, or when the waste disposal area reaches one -acre
whichever comes first, Byron Butler has violated 15A NCAC 13B .0566(4).
The above deficiencies may have or can compromise the facility's ability to ensure protection of the public
health and the environment and thus require remedial action on behalf of the facility in order to achieve
compliance with 15A NCAC 13B .0566(16) and 15A NCAC 13B .056(4).
COMPLIANCE SCHEDULE
Based upon the foregoing, Byron Butler shall come into compliance with 15A NCAC 13B .0566(16) and 15A
NCAC 13B .0566(f4, by completing the following:
1. Within seven (7) days from receipt of this Notice, Mr. Butler must post a sign at the facility entrance
showing the contact name and phone number in case of an emergency.
2. Within fourteen (14) days from receipt of this Notice, Mr. Butler must cover and stabilize all waste with at
adequate soil cover when the waste disposal area exceeds one acre and at least monthly.
Failure to comply with this schedule may subject the facility and/or all responsible parties to enforcement
actions including a notice of violation, civil penalty, 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. Pursuant to N.C.G.S. 130A-22(a)
and 15A NCAC 13B .0701-.0707, an administrative penalty of up to $15,000.00 per day may be assessed for
each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9
of Chapter 130A of the N.C. General Statutes.
If you have any questions, please contact me at [phone] or by e-mail at [e-mail].
Sincerely,
4xzt
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
ec: Mark Poindexter, Field Operations Branch Head —Solid Waste Section
Jason Watkins, District Supervisor — Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Mike Gladden, Public Works Director — McDowell County ([e-mail])
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