49_N1118_NOV_20230104

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
January 4, 2023
CERTIFIED MAIL 7018 0360 0002 2096 7364
RETURN RECEIPT REQUESTED
Bradley W. Mills, Managing Member and Registered Agent
Hwy 3 LCID, LLC
284 Barfield Road
Mooresville, NC 28115
SUBJECT: Notice of Violation
Compliance Inspection Report
Hwy 3 LCID, LLC
N1118
Iredell County
Dear Mr. Mills:
On December 28, 2022 and January 3, 2023, Kim Sue, 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. Bradley Mills was present and represented Hwy 3 LCID, LLC during
these inspections. The following violation(s) were noted:
A. 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. "
Hwy 3 LCID, LLC is in violation of 15A NCAC 13B .0566(10)(a) as a result of open burning at the facility.
On December 24, 2022, an area 20 feet wide by 250 feet long on the southern and eastern sides of the
working face of the landfill began to smolder and create smoke.
B. 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."
Hwy 3 LCID, LLC is in violation of 15A NCAC 13B .0566(10)(d) as a result in not notifying the Division of the
fire within 24 hours of the fire.
Based upon the foregoing, Hwy 3 LCID, LLC shall come into compliance by the timeframes established in items
1 through 2 below and with all requirements of the regulations in 15A NCAC 13B .0566(10)(a) and .0566(10)(d)
by completing the following at the Hwy 3 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.
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� North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 301 1 Mooresville, North Carolina 28115
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Bradley W. Mills
Hwy 3 LCID, LLC
Notice of Violation
Page 2 of 2
January 4, 2023
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.
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,
m
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
Chris Hollinger, Compliance Officer - Solid Waste Section
Claire Osborne, P.E., Environmental Engineer - Solid Waste Section
Karyn Kurek, BSME, MFM, Environmental Engineer II - Division of Air Quality
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Suite 301 I Mooresville, North Carolina 28115
4�;7D_do ��x *.! 704.663.1699