9230_NOV_20230419

April 19, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 0150 0000 3068 5531

Grant Kiser
Greenway Waste Solutions of Apex, LLC
5940 Old Smithfield Rd
Apex, North Carolina 27539

RE: Notice of Violation
Greenway Waste Solutions of Apex, LLC
Permit #9230-CDLF-2014
5940 Old Smithfield Rd
Apex, North Carolina 27539

Dear Mr. Kiser,

On April 12, 2023, Mr. Tim Davis, Mr. Drew Hammonds, and Ms. Elizabeth Werner, 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:

A. 15A NCAC 13B .0542 (f)(1,2), “(1) The owner or operator shall compact the solid waste.
(2) Except as provided in Subparagraph (4) of this Paragraph, the owners and operators
of all C&DLF units shall cover the solid waste with six inches of earthen material when
the waste disposal area exceeds one-half acre and no less than once weekly. Cover shall
be placed 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. A notation of the date and time of the cover placement shall be recorded in the
operating record.”

Greenway Waste Solutions of Apex, LLC is in violation of 15A NCAC 13B .0542 (f)(1,2) in
that at the time of this inspection, the C&DLF active working face exceeded one-half acre,
with the area of uncompacted, exposed waste measuring approximately 1.5-acres in size
and several feet in thickness. Uncompacted C&D waste had fallen down the working face
and into the stormwater drainage ditch at the toe of the slope. The stormwater drainage
Greenway Waste Solutions of Apex, LLC
Notice of Violation
Page 2 of 3
April 19, 2023

ditch in this area was filled with waste, sediment, and mud and was not functional. Mr.
Kiser stated that their compactor had been out of service for 9 days and that the waste
was last covered 1-2 months prior.

B. 15A NCAC 13B .0542 (l)(4,5), “Leachate shall be contained on-site or treated prior to
discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be
required in accordance with 15A NCAC 02B prior to the discharge of leachate to
surface waters. C&DLF units shall not: (A) cause a discharge of pollutants into waters
of the United States, including wetlands, that violates any requirements of the Clean
Water Act, including the NPDES requirements, pursuant to Section 402 of the Clean
Water Act.”

Greenway Waste Solutions of Apex, LLC is in violation of 15A NCAC 13B .0542 (I)(4,5) in
that leachate was observed seeping from the exposed waste on the C&DLF working face
and entering the stormwater catch basin at the toe of the slope then flowing into the
adjacent #6 sediment basin. The #6 sediment basin outfall discharges into a wooded area
partially consisting of wetlands. Leachate was also observed within the sediment filled
stormwater drainage ditch which runs along the toe of the eastern and southern landfill
slopes.

Based upon the foregoing, upon receipt of this Notice of Violation, Greenway Waste Solutions of
Apex, LLC shall come into compliance with all applicable requirements of the regulations in 15A
NCAC 13B .0542 (f)(1,2) and 15A NCAC 13B (I)(4,5) by completing the following:

1. Immediately compact and cover all exposed waste with at least six inches of earthen
material. Picture documentation of compacted and covered waste shall be provided
to Section staff. A detailed record of the date, time, and amount of cover placement
shall be provided to Section staff and placed into the operating record.
2. In response to the leachate release, immediately identify the cause and take action to
stop the release. Measures should be implemented to ensure leachate is contained
within the edge of waste and directed into the collection system.
3. Surface and subsurface soils within the eastern and southern drainage ditches, the
catch basin at the toe of the working face slope, and the adjacent #6 sediment basin
need to be evaluated. Please contact Perry Sugg, Environmental Compliance Branch
Head at [e-mail], 919-707-8258, upon receipt of this letter for the
necessary requirements and guidance.

Facility staff or their representative should contact Mr. Sugg upon receipt of this violation letter
for remediation and sampling guidance. All additional corrective measures must be completed
within 15 days’ receipt of this notice of violations. A follow-up site inspection will be conducted
Greenway Waste Solutions of Apex, LLC
Notice of Violation
Page 3 of 3
April 19, 2023

after 15 days have passed to ensure that the corrective measures have been completed to bring
this facility into compliance.

The violation(s) 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 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 to verify that the facility has completed the requirements of this Notice of
Violation. If you have any questions regarding this matter, please contact me at please contact
me at [phone] or e-mail at [e-mail].

Sincerely,

Tim Davis
Environmental Senior Specialist
Division of Waste Management – Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head - SWS
Andrew Hammonds, Eastern District Supervisor - SWS
Perry Sugg, Environmental Compliance Branch Head – SWS
Elizabeth Werner, Hydrogeologist – SWS
John Brown, COO – Griffin Brothers Companies
Andy Burris, Landfill Manager – Greenway Waste Solutions, LLC