0403_NOV_20220322

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

March 22, 2022

CERTIFIED MAIL 7018 0360 0002 2096 6237 RETURN RECEIPT REQUESTED

Corporation Service Company, Registered Agent
Chambers Development of North Carolina, Inc.
Waste Connections of North Carolina, Inc.
2626 Glenwood Avenue, Suite 550
Raleigh, North Carolina 27608

SUBJECT: Notice of Violation
Compliance Inspection Report
Chambers Development MSW Landfill (Anson County)
Permit No. 0403-MSWLF-2010
Anson County

Dear Registered Agent:

On March, 4, 2021, Teresa Bradford, Environmental Senior Specialist, and Deb Aja, Western District Supervisor, 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. Tyler Fitzgerald, District Manager and Blake Balogh, Operations Manager,
with Waste Connections Inc. were present and represented Chambers Development of North Carolina,
Inc., a wholly owned subsidiary of Waste Connections, Inc., during this inspection. The following new
violations were noted:

A. 15A North Carolina Administrative Code 13B .1626(2)(b) states, “Except as provided in Sub-Item
(c) of this Item, the owners or operators of all MSWLF units shall cover disposed solid waste with
six inches of earthen material at the end of each operating day, or at more frequent intervals if
necessary to prevent the escape of waste and the attraction of vectors and scavenging, and to
minimize fires and the generation of odors.”

During the inspection, exposed waste was observed on the left side of the haul road leading to
the active working area and also to the south of the active working area. Therefore, Chambers
Development of North Carolina, Inc., is in violation of 15A NCAC 13B .1626(2)(b) by failing to
adequately cover all disposed waste with six inches of earthen material.
B. 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a
permitted facility, the permittee shall be considered by the Department to have accepted the
conditions of the permit and shall comply with the conditions of the permit.

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Chambers Development of North Carolina, Inc.
Notice of Violation
Page 2 of 4
March 22, 2022

Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition
Number 6 states, “Operation of this solid waste management facility shall be in
accordance with the Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the
Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.); the
conditions contained in this permit; and the approved plan. Should the approved plan and
the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance
action or permit revocation.”

The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents
for the Approved Plan. Section 5.17.2 “Daily Cover” of the approved Operation Plan states
in part, “Daily Cover comprised of 6 inches of compacted soil or other approved alternative
material will be placed on the working face and other exposed waste at the end of each
operating day. If conditions warrant (such as adverse weather or excessive wind), daily
cover will be applied at more frequent intervals. Daily cover will also serve as a firebreak.”

During the inspection, exposed waste was observed on the left side of the haul road leading to
the active working area and also to the south of the active working area. Therefore, Chambers
Development of North Carolina, Inc., is in violation of 15A NCAC 13B .1626(2)(a) by failing to
adequately cover all disposed waste with six inches of earthen material.

C. 15A North Carolina Administrative Code 13B .1626(2)(d) states, “Areas that will not have
additional waste placed on them for 12 months or more, but where final termination of
disposal operations has not occurred, shall be covered with a no less than one foot of
intermediate cover.”

During the inspection, exposed waste was observed on portions of the top of Phase 1, in areas
that were seeded in December 2021/January 2022 on the southeastern/eastern side slope of
Phase 1 and in areas of construction activities associated with the landfill gas extraction wells.
Therefore, Chambers Development of North Carolina, Inc. a wholly owned subsidiary of Waste
Connections, Inc., is in violation of 15A NCAC 13B .1626(2)(d) by failing to cover all areas of
intermediate cover with no less that one foot of cover.
D. 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a
permitted facility, the permittee shall be considered by the Department to have accepted the
conditions of the permit and shall comply with the condition of the permit.”

Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition
Number 6 states, “Operation of this solid waste management facility shall be in
accordance with the Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the
Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.); the conditions contained in this permit; and the approved plan. Should the approved plan and
the rules conflict, the Solid Waste Management Rules shall take precedence unless
specifically addressed by permit condition. Failure to comply may result in compliance
action or permit revocation.”

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Chambers Development of North Carolina, Inc.
Notice of Violation
Page 3 of 4
March 22, 2022

The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the
Approved Plan. Section 5.17.2 “Intermediate Cover” of the approved Operation Plan states in part,
“An additional 6-inch layer of compacted soil will be placed whenever an additional lift of waste
will not be placed within 30 days. All areas with exposed intermediate cover will be inspected
weekly. Additional compacted soil will be placed to repair cracks and erosion as necessary.”

During the inspection, exposed waste was observed on portions of the top of Phase 1, in areas
that were seeded in December 2021/January 2022 on the southeastern/eastern side slope of
Phase 1 and in areas of construction activities associated with the landfill gas extraction wells.
Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste
Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to follow 15A NCAC
13B .1626(2)(d) and by failing to apply an additional 6-inch layer of compacted soil will be placed
whenever an additional lift of waste will not be placed within 30 days as required in the approved
operations plan.

E. 15A North Carolina Administrative Code 13B .1626(11) states, “Windblown waste requirements.
Methods such as fencing and diking shall be provided within the area to confine solid waste that
is subject to be blown by the wind. At the conclusion of each operating day, all windblown material
resulting from the operation shall be collected and disposed of by the owner or operator.”

During the inspection, windblown waste was observed in the area seeded on the eastern and
southeastern side slope of Phase 1 and Phase 2. Windblown waste was also observed on the
western side slope of the landfill. Therefore, Chambers Development of North Carolina, Inc., a
wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .1626(11)
for failing to collect and properly dispose of windblown material at the conclusion of each day
of operation.

Based upon the foregoing, Chambers Development of North Carolina, Inc. shall come into compliance
within with all requirements of the regulations in 15A NCAC 13B .0203(d), 15A NCAC 13B .1626(2)(b),
15A NCAC 13B .1626(2)(d) and 15A NCAC 13B .1626(11) by completing the following:
1. Within 30 days of receipt of this Notice of Violation, all waste must be covered with a minimum
of six inches of earthen material or an approved alternative cover material at the conclusion
of each operating day. Areas which will not have additional waste placed on them for 12-
months or more, but where final termination of disposal operations has not occurred, shall be
covered with a minimum of one foot of intermediate cover.
2. Within 10 days of receipt of this Notice of Violation, all windblown waste must be collected and
returned to the active working area.

It should be noted that the above new violations are in addition to the remaining unresolved violations
from past inspection(s) and noted in this inspection report

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
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Chambers Development of North Carolina, Inc.
Notice of Violation
Page 4 of 4
March 22, 2022

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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a
follow-up inspection to verify that the operator has completed the requirements of this Notice of
Violation.

If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Teresa N. Bradford
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Copies: Jason Watkins, Field Operations - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer - Solid Waste Section
Robert Wall, Division Vice President - Waste Connections, Inc.
Tyler Fitzgerald, District Manager - Waste Connections, Inc.