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Home My WebLink About32F_NOV_20211214ROY COOPER Governor DIONNE DELLI-GATTI Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality December 14, 2021 CERTIFIED MAIL 7020 1810 0002 1109 2541 RETURN RECEIPT REQUESTED Ms. Linda Fogleman Fogleman and Fogleman Landfill and Recycling Facility 4005 Intermere Road Durham, NC 27704 RE: Notice of Violation Fogleman and Fogleman Landfill and Recycling Facility Permit #s 32F-LCID 4005 Intermere Road Durham, NC 27704 Dear Ms. Fogleman, On November 23, 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 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." Facility Permit 32F-LCID, issued March 28, 2017, Attachment 3, Part II, Number 12, "Adequate soil cover shall be applied monthly or when the active area reaches one acre in size, whichever occurs first, or mor often when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire, windblown materials, vectors, or excessive water filtration." Operational Plan, approved by the Section on March 28, 2017, Section 2.8.1 Periodic Cover, "At the completion of waste placement each week, or sooner if the area of exposed waste exceeds % acre in size, a 6-inch layer of earthen material or other material as approved by the DWM will be placed over the exposed waste. This periodic cover is intended to control vectors, fire, odors, and blowing debris," 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 Fogleman Landfill Notice of Violation Page 2 of 4 December 14, 2021 And Section 2.8.8 Intermediate Cover, "a 12-inch layer of soil cover should be placed on all waste surfaces that have not received waste in 30 days but are below final elevation. This intermediate cover should be seeded immediately and graded such that all precipitation runoff is channeled to the surface water system." The Fogleman Landfill is in violation of 15A NCAC 13B .0566 (3), March 2017 Permit to Operate Attachment 3 Part II Number 12, and March 2017 Operations Plan Section 2.8.1 and 2.8.8 in that large portions of the side slopes had not been properly covered with no less than six inches of soil monthly, or when the working face reaches one acre in size, whichever occurs first. B. 15A NCAC 13B .0566 (2), "Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of three horizontal to one vertical at any time." March 2017 Permit to Operate, Attachment 3, Part II, Number 7, "Fill and excavation Operations must be contained with the approved elevation contours as shown in the approved plan documents. Side slopes must not exceed three horizontal feet to one vertical feet (3:1)." The Fogleman Landfill is in violation of 15A NCAC 13B .0566 (2) and the March 2017 Permit to Operate Attachment 3 Part II Number 7 in that the side slopes were determined to be steeper than three horizontal to one vertical. C. 15A NCAC 13B .0566 (1), "the site shall only accept those solid wastes that it is permitted to receive." The Fogleman Landfill is in violation of 15A NCAC 13B .0566 (1) in that painted block, painted wood, metal rebar, miscellaneous metal and plastic piping, and Styrofoam were observed within the waste stream. D. 15A NCAC 13B .0564 (6)(b), "Buffer Requirements: A site shall maintain the following buffer requirements: 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells." The Fogleman Landfill is in violation of 15A NCAC 13B .0564 (6)(b) in that waste was identified to have been pushed into the tree line along the northern property boundary. E. 15A NCAC 13B .0567 (c)(1)(B), "Post Closure Requirements ... Maintenance of vegetative cover of the cap, and ensuring that trees and other woody vegetation do not become established on the cap." D E QJ� 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 - oepanmamoren.ironmemaiauar` /� 910.433.3300 Fogleman Landfill Notice of Violation Page 3 of 4 December 14, 2021 The Fogleman Landfill is in violation of 15A NCAC 13B .0567 (c)(1)(B) in that mature trees were observed to be growing along the eastern side slope. F. 15A NCAC 13B .0566 (8), "Surface water shall be diverted from the working face and shall not be impounded over waste." The Fogleman Landfill is in violation of 15A NCAC 13B .0566 (8) in that standing water was observed in the wood processing area at the top of the LCID. G. 15A NCAC 13B .0566 (9), "Solid waste shall not be disposed of in water." The Fogleman Landfill is in violation of 15A NCAC 13B .0566 (9) in that land clearing debris, in the wood processing area at the top of the LCID, was in the area of standing water. Based upon the foregoing, the Fogleman Landfill shall come into compliance with all requirements of the regulations in 15A NCAC 13B as noted above, March 2017 Permit to Operate and March 2017 Operations Plan, by completing the following: 1) Within 15 days receipt of this Notice of Violation, submit a corrective action plan with a schedule and timeline to be approved by the Section to address the violations and compliance issues at this facility. The corrective action plan shall be submitted in electronic format via email to Amanda Thompson at Amanda.thompson@ncdenr.gov and Jordan Russ at Jordan.russ@ncdenr.gov. 2) Remove the land clearing debris from the standing water in the wood processing area at the top of the LCID as soon as practical as conditions allow. 3) Repair and regrade the wood processing area to promote drainage away from the top of the LCID as soon as practical as conditions allow. 4) Provide an updated map depicting the location of the approved wood and soil processing areas for this facility. 5) Implement sediment and erosion control measures at the property as required by the Sedimentation and Pollution Control Act to prevent any erosion from waste removal activities. Stabilize the site by re-establishing native vegetation in the affected areas. Re -seed and maintain as necessary to prevent erosion on the site. All corrective measures must be completed within 30 days' receipt of this notice of violations, unless otherwise noted and approved in the plan of action. A follow up site inspection will be conducted after 30 days have passed to ensure that the corrective measures have been completed or implemented in accordance with an approved plan of action to bring this facility into compliance. 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 activity. Be advised that pursuant to G.S. 130A-22, an D E QJ� 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 - oepanmamoren.ironmemaiauar` /� 910.433.3300 Fogleman Landfill Notice of Violation Page 4 of 4 December 14, 2021 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 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. However, if names and addresses of the persons who have dumped waste at the site are provided to the Section, Notice of Violation letters will be sent to those individuals as well. 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 please contact me at (910) 433-3353 or e-mail at amanda.thomason(@ncdenr.eov. Sincerely, Digitally signed by Amanda Amanda Thompson Thompson Date:2021.12.14 14:18:21-05'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Sherri Stanley, Permitting Branch Head Jordan Russ, Permitting Engineer Chris Hollinger, Compliance Officer Stacey Smith, Smith + Gardner D EQ J� 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 - Department orEnvironmental auar; /� 910.433.3300