N1101_NOV_20220920

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
September 20, 2022
CERTIFIED MAIL 7018 0360 0002 2096 7296
RETURN RECEIPT REQUESTED
Terry Whitesides, President and Registered Agent
T & L Grading, Inc.
144 Tonya Road
Kings Mountain, NC 28086-9698
SUBJECT: Notice of Violation
Compliance Inspection Report
Whitesides/T & L Grading, Inc. Notified LCID Landfill
N1101
Gaston County
Dear Mr. Whitesides:
On August 31, 2022, September 2, 2022, September 12, 2022 & September 13, 2022, Kim Sue and on
September 2, 2022, Teresa Bradford, 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. Terry Whitesides on August 31, 2022, Jakob Garcia on September 2, 2022, and Ovie
Good on August 31, 2022, September 2, 2022, September 12, 2022 & September 13, 2022, were present and
represented Whitesides/T & L Grading, Inc. Notified LCID Landfill during these inspections. The following
violation(s) were noted:
A. 15A NCAC 13B .0566(3) states: "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."
T & L Grading, Inc. is in violation of 15A NCAC 13B .0566(3) as a result of failing to apply no less than six
inches of soil monthly, or when the working face reaches one acre in size. During the inspection on August
31, 2022, sides slopes were observed to have inadequate soil cover.
B. 15A NCAC 13B .0566(10)(a) states: "Open burning of solid waste is prohibited, unless approval has been
obtained from the Division, the local government, and the Division of Air Quality in accordance with 15A
NCAC 02D .1900 prior to any burning activity."
T & L Grading, Inc. is in violation of 15A NCAC 13B .0566(10)(a) as a result of open burning at the facility.
The inspection performed on August 31, 2022, the waste at the working face of the landfill and several piles
of mulch on top of the landfill were on fire and smoldering.
C. 15A NCAC 13B .0566(10)(d) states: "The owner or operator shall provide verbal notification to the Division
of fires that occur at the site within 24 hours of the fire and shall submit written notification to the Division
within 15 days of the fire. The notification shall include the site name and permit number, the date and time
of the fire; actions taken by the owner or operator in response to the fire; the cause of the fire; the location
and size of the fire; the type and amount of waste that caught fire; a plan of action to prevent fires in the
future; the name and title of the person submitting this information; and the date the information is
submitted."
EQ
� North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 301 1 Mooresville, North Carolina 28115
nnvemrmani Enmmmenraowim 704.663-1699

T & L Grading, Inc.
Whitesides/T & L Grading, Inc. Notified LCID Landfill
Notice of Violation
Page 2 of 3
September 20. 2022
T & L Grading, Inc. is in violation of 15A NCAC 13B .O566(1O)(d) as a result in not notifying the Division of
the fire within 24 hours of the fire and not submitting a written notification to the Division within 15 days of
the fire.
Based upon the foregoing, T & L Grading, Inc. shall come into compliance by the timeframes established in items
1 through 3 below and with all requirements of the regulations in 15A NCAC 13B .0566(3), .O566(1O)(a),
and .O566(1O)(d) by completing the following at the Whitesides/T & L Grading, Inc. Notified LCID Landfill:
1. Immediately stop the acceptance of all land clearing waste at the facility until the fire has been deemed
to be completely extinguished.
2. Immediately notify Kim Sue, Environmental Senior Specialist, once the fire has been deemed to be
completely extinguished and it is deemed safe to work within the landfill area. All exposed waste shall
be covered with adequate soil cover within 30-days of receipt of the notification to the Environmental
Senior Specialist.
3. Within 10 days of receipt of this notice of violation letter submit the notification for the fire that occurred
on August 27, 2022 to:
Kim Sue, Environmental Senior Specialist
Division of Waste Management/Solid Waste Section
610 E. Center Avenue
Mooresville, NC 28115
[phone]
[e-mail]
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. 13OA-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 13OA 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 necessaryto 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,
Digitally signed by Kim Sue
DN: cn= Sue, o=DivWs of Waste
a.m o Solid Waste Section,
—C.— 11nag=kim.sue d,nrgov, c=US
Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
North Carolina Department of Environmental Quality I Division of Waste Management
��D_EQ� 610 East Center Avenue I Suite 301 1 Mooresville, North Carolina 28115
xwr� oll.m 704-663.1699

T & L Grading, Inc.
Whitesides/T & L Grading, Inc. Notified LCID Landfill
Notice of Violation
Page 3 of 3
September 20. 2022
Chris Hollinger, Compliance Officer - Solid Waste Section
Ming-Tai Chao, P.E., Environmental Engineer - Solid Waste Section
Sandra Sherer, Environmental Specialist I - Division of Air Quality
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 301 1 Mooresville, North Carolina 28115
r— o' - �. arw 704-663.1699