77_N0093_INSP_20220712

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: Richmond
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: N0093
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: June 12, 2022 Date of Last Inspection: N/A

FACILITY NAME AND ADDRESS: Chappell Pit End of Locklear Drive Rockingham Township, NC GPS COORDINATES (decimal degrees): Lat.: 34.957714 Long.: -79.713707
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Thomas Hudson Jr. Telephone: [phone]
Email address: [e-mail] FACILITY CONTACT ADDRESS:
Eugene T. Huson Jr. P.O. Box 1232 Rockingham, NC 28380 PARTICIPANTS: Thomas Hudson, Owner David Powell, SWS Andrew Hammonds, SWS STATUS OF PERMIT: Notified 2009
PURPOSE OF SITE VISIT: Comprehensive Inspection – Follow Up STATUS OF PAST NOTED VIOLATIONS: N/A OBSERVED VIOLATIONS:
1. 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. Any soils used for cover at the site shall meet unrestricted use standards for soils as defined in G.S. 130A-310.65.
Upon inspection on 7/8/2022 and 7/12/2022, it was discovered that slopes were very steep, less than 3:1, on the
NLICD with exposed waste all along top, sides, and bottom. Exposed waste was also found atop the working face of the NLCID. Waste should be pulled back, compacted, covered with soil, and sloped 3:1. Waste should be covered every 30 days or when site reaches one acre, whichever occurs first. This sloping and covering should be sufficient enough to restrain erosion.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Steep side sloped with exposed waste.
Exposed waste on top needing cover, sloping 3:1.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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ADDITIONAL COMMENTS
1. Today’s visit, July 8, 2022, was a follow up with the NLCID owner Mr. Thomas Hudson with Andrew
Hammonds and David Powell. Site is gated and used for Mr. Hudson’s asphalt business only. Mr. Hudson discussed site becoming permitted. Road in good condition to working face, but a road around the waste boundary is required for emergency/firefighting if site is to become permitted.

2. July 8, 2022 - David Powell with Solid Waste Section (Section) inspected the Chappell Pit with Mr. Thomas Hudson for a routine comprehensive inspection. Mr. Hudson and Mr. Powell walked site and noted several issues with current NLCID conditions. Rules and expectations were discussed, as well as Mr. Hudson stating he received a copy of the 2021 Letter from Solid Waste Section Chief Ed Mussler, explaining closure of Notified Land Clearing and Inert Debris Landfills by Jan 2026. A second copy of this letter and a copy of the newest LCID rules were emailed on June 8, 2022, to Mr. Hudson for review. A large amount of concrete has been accepted in an area starting at western edge of NLCID and continues west onto the adjacent property, also owned by Mr. Hudson and his brother Ronald Hudson, and has become overgrown. Mr. Powell suggested returning with Drew Hammonds to evaluate site and corrective actions needed moving forward towards compliance in the best way for all.

7/8/2022 visit; NLCID.
The item(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 any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 7
7/8/2022 visit; Concrete on adjacent property.
3. July 12, 2022 – Andrew Hammonds and David Powell with the Section met with Mr. Thomas Hudson Jr. and
discussed the NLCID conditions and corrective actions. The NLCID is approximately one and half acre in size. However, it is close to two adjacent properties and inside the property line buffer. Both properties, one with NLCID on it and one immediately west, are owned by Mr. Thomas and his brother, so combining the properties
was discussed to alleviate this issue with buffer between the two. Getting a surveyor also for identifying property lines for buffers to be checked if not. The second property the NLCID is close to is a local church property and it may be within the 100 ft buffer. Mark property lines/combine properties to meet this rule. Mr. Hudson discussed permitting site and Mr. Hammonds explained the site must meet and operate under new rules, January 2021 emailed to Mr. Hudson July 8, 2022, in order to get site in compliance and to permit site. Otherwise, Mr. Hudson should be preparing site for closure according to rule.
15A NCAC 13B .0564 (6) - Buffer Requirements: A site shall maintain the following buffer requirements: (a) 50 feet from the waste boundary to waters of the State as defined in G.S. 143-212. (b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 7
7/12/2022
4. Unapproved wastes were minimal, but some were present needing removal to appropriate disposal site. Plastic,
painted wood and metal.

7/12/2022 Unapproved waste needing removal - Painted wood

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 6 of 7
5. Once buffers and property line issues have been addressed, Edge of Waste (EOW) markers should be installed. These should be visible from one to another and mark the edge of where waste is buried inside the 2-acre allowed notification, meeting buffers. Suggest tall, large white PVC pipe, but can use anything
if its visible and easily seen from one to the other marking the appropriate edges of the notification.

6. In addition to addressing slope and cover, the site should be sure to have enough cover and slope to restrain erosion and maintain that cover. The working face needs appropriate cover every 30 days or when site reaches one acre, whichever occurs first. 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. 15A NCAC 13B .0566 (5) - erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent on-site erosion, and shall comply with 15A NCAC 04.
7. A large amount of concrete has been accepted in an area starting at western edge of NLCID and continues west
onto the adjacent property, also owned by Mr. Hudson and his brother Ronald Hudson, and has become overgrown. Section staff explained 75% rule (§ 130A-309.05. Regulated wastes; certain exclusions) and the need for material to be removed otherwise it becomes disposal. Mr. Hudson should process the reclaimed cleaned concrete, or it should be taken to a Construction and Demolition Landfill within one year from today’s date or this site could be in violation. Keep documentation of any disposal. The general statute is
below, in part, for reference.

§ 130A-309.05. Regulated wastes; certain exclusions. (c) - Recovered material is not subject to regulation as solid waste under this Article. In order for a material that would otherwise be regulated as solid waste to qualify as a recovered material, the Department may require any person who owns or has control over the material to demonstrate that the material meets the requirements of this subsection. In order to protect public health and the environment, the Commission may adopt rules to implement this subsection. Materials that are accumulated speculatively, as that term is defined under 40 Code of Federal Regulations § 261 (July 1, 2014 Edition), shall not qualify as a recovered material, and shall be subject to regulation as solid waste. In order to qualify as a recovered material, the material shall be managed as a valuable commodity in a manner consistent with the desired use or end use, and all of the following conditions shall be met:
(1) Seventy-five percent (75%), by weight or volume, of the recovered material stored at a facility at the beginning of a calendar year commencing January 1, shall be removed from the facility through sale, use, or reuse by December 31 of the same year.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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7/12/2022 Concrete stored onsite for crushing.
8. If Mr. Hudson intends to permit site, he should prepare the site to meet new rules. A consultant/engineer can assist, and Section staff encouraged Mr. Hudson to search online or speak with other Solid Waste Facility personnel to inquire as to whom may can assist in with the process. The immediate need is currently addressing the corrective actions onsite. How Mr. Hudson goes about those actions may assist him preparing the site for meeting new rules. 9. Corrective measures are necessary as a result of this inspection and should be complete within 30 days’ receipt of this inspection report. A follow up is required to verify corrective actions and will be conduct shortly after the 30 days. Additional time for compliance may can be given with progress toward corrective actions being made and good communication between owner and Mr. Powell, while requesting additional time if it is needed. Please contact me if you have any questions or concerns regarding this inspection report.
________________________________________ Phone: [phone] _ David Powell Environmental Senior Specialist Regional Representative
Sent on:7/15/2022 X Email Hand delivery US Mail Certified No. [ _]
Copies: Andrew Hammonds, Eastern District Supervisor - Solid Waste Section