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HomeMy WebLinkAbout7607_NOV_20221031Waste Management of the Carolinas, Inc. The County of Randolph Notice of Violation Page 1 of 3 October 31, 2022 October 31, 2022 CERTIFIED MAIL 7018 2290 0001 8316 4356 RETURN RECEIPT REQUESTED Mike McFeeley, District Manager, Great Oak Landfill Waste Management of Carolinas, Inc. 3597 Old Cedar Falls Road Randleman, NC 27317 CERTIFIED MAIL 7018 2290 0001 8316 4363 RETURN RECEIPT REQUESTED Hal Johnson, County Manager Randolph County Randolph County Office Building 725 McDowell Road Asheboro, NC 27205 SUBJECT: Notice of Violation Great Oak Landfill Waste Management of Carolinas, Inc., Operator County of Randolph, N.C., Owner Permit Id Number: 76-07 Randolph County Dear Mr. Johnson and Mr. McFeeley: On September 30, 2022, Kyle Mertens, Environmental Protection Manager with Waste Management of Carolinas, Inc. notified Chuck Kirchner, Senior Environmental Specialist, Solid Waste Section (Section) by phone and subsequent electronic correspondence that on September 14, 2022, Great Oak Landfill received approximately 18 tons of sludge material that exceeded the threshold for Dichlorobenzene. It was reported that this material was generated by US Waste Industries and transported by Trimac Transportation to CCI Environmental on September 12, 2022. CCI Environmental then transported the sludge to Great Oak Landfill on September 14, 2022. On September 19, 2022, the Great Oak Landfill staff were made aware of the exceedance after the material had been disposed of. Therefore, Waste Management of the Carolinas, Inc. and the County of Randolph are in violation of: Waste Management of the Carolinas, Inc. The County of Randolph Notice of Violation Page 2 of 3 October 31, 2022 A. 15A NCAC 13B .1626 (1)(b) states, in part: "the following wastes are prohibited from disposal at a MSWLF unit: (i) Hazardous waste, including hazardous waste from very small quantity generators as defined by 40 CFR 260.10, incorporated by reference at 15A NCAC 13A .0102(b).” B. 15A NCAC 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.” Permit to Operate No. 7607-MSWLF-2015, Attachment III, Part I, General Facility Operation Condition Number 3 states, “The facility must not accept the following wastes for disposal, at a minimum: hazardous waste, yard trash, white goods, tires, recyclable rigid plastic bottles, wooden pallets, motor vehicle oil filters, liquid wastes, regulated medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and wastes banned from disposal in N.C.G.S. 130A-309.10(f).” Based upon the foregoing, Waste Management of the Carolinas, Inc. and the County of Randolph shall come into compliance with all requirements of the regulations in 15A NCAC 13B .1626(1)(b) and 15A NCAC 13B .0203(d) by completing the following: 1. Within 30 days of receipt of this Notice of Violation, submit a summary report of all actions that have been taken to date. Additional actions may be required following a review of the report. Submit the report to Chuck Kirchner at Chuck.Kirchner@ncdenr.gov. 2. Within 30 days of receipt of the Notice of Violation, submit information detailing the location of the 18 tons sludge waste within the landfill and an assessment of waste removal options and the management of the waste. The assessment shall include safeguards to protect employee health and safety when handling the waste. Submit the plan and assessment to Chuck Kirchner at Chuck.Kirchner@ncdenr.gov. 3. To protect public health and the environment, the Division may require future actions or remedies to correct the violations. 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. Waste Management of the Carolinas, Inc. The County of Randolph Notice of Violation Page 3 of 3 October 31, 2022 If you have any questions, please contact me at (336) 776-9633 or e-mail Chuck.Kirchner@ncdenr.gov. Sincerely, Chuck Kirchner 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 Chris Hollinger, Compliance Officer, Solid Waste Section Christine Ritter, Hydrologist, Solid Waste Section Kyle Mertens, Environmental Compliance Manager, Waste Management of Carolinas, Inc.