1304_NOV_20230427

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

April 27, 2023

CERTIFIED MAIL 7016 1370 0000 2592 5336
RETURN RECEIPT REQUESTED

CT Corporation System, Registered Agent
BFI Waste Systems of North America, LLC
160 Mine Lake Court Suite 200
Raleigh, North Carolina 27615

CERTIFIED MAIL 7016 1370 0000 2592 5329
RETURN RECEIPT REQUESTED

Timothy Ginn, General Manager
Republic Services, Inc
5105 Morehead Road
Concord, North Carolina 28027

SUBJECT: Notice of Violation
Compliance Inspection Report
Charlotte Motor Speedway Landfill V
Permit No. 1304-MSWLF-1992
Cabarrus County

Dear Registered Agent:

On April 19, 2023, Teresa Bradford, Environmental Senior Specialist, Jason Watkins, Field Operations
Branch Head, Sherri Stanly, Permitting Branch Head, and Ed Mussler, Solid Waste Section Chief,
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. Mike Gurley, Environmental Manager, with Republic Services, Inc. was present and represented
BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., during
this inspection. The following violations were noted and are detailed in the enclosed inspection report:

1. 15A North Carolina Administrative Code 13B .1626(2)(b) states in part:
“Compaction and cover material requirements. Solid waste shall be managed within the
disposal area throughout the life-of-site and post-closure care period to prevent the escape of
waste and the attraction of vectors and scavenging, and to minimize fires and the generation
of odors. The owner or operator shall comply with this requirement using the following
compaction and cover procedures:
(a) The owner or operator shall compact the solid waste.
(b) Except as provided in Sub-Item (c) of this Item, the owners or operators of all
MSWLF units shall cover disposed solid waste with six inches of earthen material at
the end of each operating day, or at more frequent intervals if necessary to prevent
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
BFI Waste Systems of North America, LLC Notice of Violation
Page 2 of 3
April 27, 2023

the escape of waste and the attraction of vectors and scavenging, and to minimize
fires and the generation of odors.
(c) Alternative materials or an alternative thickness of cover (other than at least six
inches of earthen material) are allowed with prior approval of the Division if the owner
or operator demonstrates that the alternative material or thickness prevents the
escape of waste and the attraction of vectors and scavenging, and minimizes fires and
the generation of odors without presenting a threat to human health and the
environment, in accordance with 40 CFR 258.21. Alternative materials that have been
approved for use at any MSWLF by the Division may be used at all MSWLFs in
accordance with G.S. 130A-295.6(h1).”

Section staff observed numerous areas outside of the active working face where waste was uncovered, either by failure to properly cover initially, failure to maintain cover impacted by
equipment movement, and areas where the facility is intentionally removing daily cover to place new waste and then failing to regrade and cover all waste daily. Therefore, BFI Waste
Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., is in
violation of 15A NCAC 13B .1626(2)(b).

In addition to the violation noted above, the facility has not fully resolved observed violations for 15A
NCAC 13B .0203(d) and 15A NCAC 13B .1626(11), as well as the permit conditions and operational
plan requirements implementing these rules noted in the past two facility inspections.

Based upon the foregoing, BFI Waste Systems of North America, LLC, a wholly owned subsidiary of
Republic Services, Inc., shall come into compliance with all requirements of the regulations in 15A
NCAC 13B .1626(2)(b), 15A NCAC 13B .0203(d), and 15A NCAC 13B .1626(11) by completing the
following:
1. Immediately cover all waste with a minimum of six inches of earthen material or an approved
alternative cover material at the conclusion of each operating day. 2. Immediately ensure that at the conclusion of each day of operation, all windblown material
resulting from the operation is collected and disposed of properly.

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.

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].

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
BFI Waste Systems of North America, LLC Notice of Violation
Page 3 of 3
April 27, 2023

Sincerely,

Teresa N. Bradford
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Enclosures: April 19, 2023 Inspection Report

Copies: Ed Mussler, Section Chief – Solid Waste Section Sherri Stanley, Permitting Head – Solid Waste Section
Jason Watkins, Field Operations - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer - Solid Waste Section
Mike Gurley, Facility Environmental Manager - Republic Services
Mark Stanley, Mid-Atlantic Area Environmental Manager – Republic Services