HomeMy WebLinkAboutN0098_NOV_20230313
13 March 2023
CERTIFIED MAIL: #7022 1670 0000 9974 9720
RETURN RECEIPT REQUESTED
LB Page Landscaping Company
905 W B Mclean Drive
Cape Carteret, NC 28582
Attn: Leo Page
SUBJECT: Notice of Violation
Facility Compliance Inspection Report: N0098_INSP_20230228
Arthur Lake LCID Landfill Notification
LCIDN‐N0098‐1995
Honeys Way
Bogue, Carteret County
Dear Mr Page:
On 28 February 2023, Ray Williams, 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. The following violation(s) were
noted and are explained in detail in the attached Inspection report:
1) 15A NCAC 13B .0564 (6)(a) states “The facility shall meet the following minimum buffer
requirements: 50 feet from the waste boundary to waters of the State…”
2) 15A NCAC 13B .0564 (6)(b) states “The facility shall meet the following minimum buffer
requirements: 100 feet from the waste boundary to property lines…”
3) 15A NCAC 13B .0566 (1) states “The site shall only accept those solid wastes that it is
permitted to receive.”
4) 15A NCAC 13B .0566 (2) states “Solid waste in the landfill shall be compacted. Slopes
shall not exceed a ratio of three horizontal to one vertical at any time.”
5) 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.”
Arthur Lake LCID Landfill
Notice of Violation
Page 2 of 3
13 March 2023
6) 15A NCAC 13B .0566 (4) states “Areas that will not have additional wastes placed on
them for three months or more, but where final termination of disposal operations has
not occurred, shall be covered with no less than one foot of soil cover sloped to direct
the flow of surface water from the landfill, and stabilized with vegetative ground cover
or other stabilizing material. The Division may require further action to correct any
condition that the Division determines may be injurious to the public health, or a
nuisance to the community.”
7) 15A NCAC 13B .0566 (6) states “The site shall be secured by barriers such as gates,
chains, berms, and fences to prevent unauthorized access. An operator shall be on duty
at all times while the site is open for public use to assure compliance with operational
requirements and to prevent acceptance of unauthorized wastes.”
8) 15A NCAC 13B .0566 (8) states “Surface water shall be diverted from the working face
and shall not be impounded over waste.”
9) 15A NCAC 13B .0566 (9) states “Solid waste shall not be disposed of in water.”
10) 15A NCAC 13B .0566 (14) states “A sign shall be posted at the site entrance showing the
site contact's name and phone number, the permit number, emergency contact
information, and the waste types accepted for disposal at the site.”
11) 15A NCAC 13B .0566 (15) states “Inert debris waste accepted at the site shall be placed
within the permitted landfill footprint unless it is being processed for recycling or reuse.
Inert debris waste shall not be placed as beneficial fill as defined in Rule .0562 within the
site buffer areas or elsewhere on the property unless stated in the site permit.”
Based on the foregoing, the Arthur Lake LCID Landfill shall come into compliance with all
requirements of the regulations in 15A NCAC 13B .0564 and 15A NCAC 13B .0566 listed above
by completing the items outlined in bold in the attached inspection report. The compliance
deadlines are noted for each corrective action.
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. Please 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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow‐up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions, please call me at (252) 948‐3955 or e‐mail ray.williams@ncdenr.gov.
Arthur Lake LCID Landfill
Notice of Violation
Page 3 of 3
13 March 2023
Sincerely,
Ray Williams
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
Copies (email only):
Jason Watkins, Field Operations Branch Head/SWS: jason.watkins@ncdenr.gov
Andrew Hammonds, Eastern District Supervisor/SWS: andrew.hammonds@ncdenr.gov
Chris Hollinger, Compliance Officer/SWS: chris.hollinger@ncdenr.gov