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HomeMy WebLinkAbout9226_NOV_20211012ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality October 20, 2021 CERTIFIED MAIL 7008 0150 0000 3068 5357 RETURN RECEIPT REQUESTED Capitol Corporate Services, Inc., Registered Agent Shotwell Landfill, Inc. and Meridian Waste North Carolina, LLC 120 Penmarc Drive Suite 118 Raleigh, NC 27603 SUBJECT: Notice of Violation Compliance Inspection Report Shotwell Landfill 9226-CDLF-2020 Wake County Dear Mr. Hall: On October 12, 2021, Davy Conners and Andrew 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. Tim Webb was present and represented Shotwell Landfill during this inspection. The following violation(s) were noted: A. 15A NCAC 13B .0542 (k) Erosion and sedimentation control requirements. Erosion control measures consisting of vegetative cover, materials, structures, or other devices shall be utilized to prevent silt from leaving the site and to prevent on -site erosion, and shall comply with 15A NCAC 04, which is incorporated by reference including subsequent amendments and editions. AND 15A NCAC 13B .0542 (f) (3) Areas that will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, shall be covered and stabilized with vegetative ground cover or other stabilizing material as provided for in Subparagraph (4) of this Paragraph. �-D_EQ�� NORTH CAROLINA ileparlment o� EnviranmanGl puaiity North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Shotwell Landfill Notice of Violation Page 2 of 3 October 20, 2021 Shotwell Landfill, Inc (operator) and Meridian Waste North Carolina, LLC (owner) are in violation of 15A NCAC 13B .0542 (k) and (f) (3) in that erosion control measures were not being used to prevent on -site erosion and areas that have not had additional wasted placed on them for three months have not been covered and stabilized with vegetative ground cover. During the inspection, large volumes of sediment were observed in the sediment pond and in the forested area to the west of the landfill. Additionally, deep erosion rills cut through the soil cover into waste in some areas along the western slope of the landfill. Erosion issues were previously noted in the August 19, 2021 and April 29, 2021 inspection reports. And, during the inspection, the western/southwestern slope of the C&DLF had not been stabilized with vegetative ground cover or other stabilizing material. Based upon the foregoing, Shotwell Landfill shall come into compliance with all requirements of the regulations in 15A NCAC 13B .0542 (k) and (f) (3) by completing the following: 1. Within 10 days of this report, cover the western/southwestern side slope of the C&DLF with at least 6 inches of earthen material. 2. Within 30 days of this report, stabilize the western/southwestern side slope of the C&DLF with vegetative growth or other stabilizing material. 3. Within 30 days of this report, remove accumulated sediment from the southwestern sediment basin. 4. The forested area to the west of the landfill where sediment has accumulated is part of the approved Phase 6, which according to the permit, if substantial construction does not begin by December 8, 2021, then the permit to construct shall expire. By December 8, 2021, EITHER begin construction on Phase 6 and remove the sediment as part of that construction, OR, if Shotwell Landfill will not begin construction of Phase 6 by the permit deadline, submit a plan for Section approval detailing the removal of the sediment in the forest. 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. D_EW NORTH CAROLINA Q Aj ilupadmu,1 ui En irp 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Shotwell Landfill Notice of Violation Page 3 of 3 October 20, 2021 Please keep me informed of your progress in this matter. 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. If you have any questions, please call me at (919) 707-8290 or e-mail davis.conners@ncdenr.gov or contact Andrew Hammonds at (910) 433-3349 or andrew.hammonds@ncdenr.gov. Sincerely, Digitally signed by Davy Conners Davy Conners Date: 2021.10.20 14:05:14-04'00' Davy Conners Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Ed Mussler, Section Chief Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Jessica Montie, Compliance Officer Chris Hollinger, Compliance Officer Tim Webb, Meridian Waste North Carolina, LLC Josh Daher, Meridian Waste North Carolina, LLC e:!ar:0-f DEQWAj NORTH CAROLINA ilupadmu,1 ui En irp 0. 1 quality North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200