HomeMy WebLinkAbout0403_NOV_20220912North 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
September 12, 2022
CERTIFIED MAIL 7018 0360 0002 2096 7302
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 September 1, 2022, Teresa Bradford, Environmental Senior Specialist, and Jason Watkins, Field
Operations Branch Head, 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. Blake Balogh, Operations Manager, and Hudson Dennis 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 around the perimeter of the auto shredder
fluff that is used as alternative cover. Exposed waste was also observed around the wind
fencing located on the haul road leading to the tippers and working face on the top of Phase 3.
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 3
September 12, 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 around the perimeter of the auto shredder
fluff that is used as alternative cover. Exposed waste was also observed around the wind
fencing located on the haul road leading to the tippers and working face on the top of Phase 3.
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.
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 .1626(2)(b) and 15A NCAC
13B .0203(d) by completing the following:
1. Immediately cover all waste with a minimum of six inches of earthen material or an approved
alternative cover material at the conclusion of each operating day.
Failure to immediately implement and maintain protocols to ensure all waste is being covered daily by
either the rule requirement of six (6) inches of soil, or an approved alternative cover material will result
in enforcement action by the Section to include suspension of the use of any or all alternative cover
materials, delay in future permit actions, and civil penalty assessment.
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.
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 3
September 12, 2022
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 (704) 235-2160 or e-mail teresa.bradford@ncdenr.gov.
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.