N0642_INSP_20230420

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Caldwell
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N0642
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: April 20, 2023 Date of Last Inspection: Initial Inspection

FACILITY NAME AND ADDRESS:
Haas LCID Landfill
2033 Alfred Harley Road
Lenoir, North Carolina 28645

GPS COORDINATES (decimal degrees): Lat.: 35.89929 Long.: -81.44379

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Arnold K. Haas
Telephone: [phone]
Email address:

FACILITY CONTACT ADDRESS:
Attn: Ms. Anita Haas Doak, Power of Attorney/Agent
155 Maple Tree Lane
Watauga, Tennessee 37694

PARTICIPANTS:
Curt Willis, Code Enforcement Officer – Western Piedmont Council of Governments
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Land Clearing and Inert Notification was recorded with the Caldwell County Register of Deeds on October 14, 2004.

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:
A. 15A North Carolina Administrative Code 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.”

During the inspection, waste within the landfill was on fire which is a violation of 15A NCAC 13B .0566(10)(a).

B. 15A North Carolina Administrative Code 13B .0566(1) states: “The site shall only accept those solid wastes that
it is permitted to receive.”

During the inspection, unacceptable waste streams consisting of engineered wood (plywood, oriented strand board)
and metal were observed along the edge of the burning landfill area. Multiple strands of a fibrous material were also
observed. The unacceptable waste observed on site constitutes a violation of 15A NCAC 13B .0566(1)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

C. 15A North Carolina Administrative Code 13B .0566(5) states: “erosion control measures, structures, or devices
shall be utilized to prevent silt from leaving the site and to prevent on-site erosion, and shall comply with 15A NCAC
04.”

During the inspection, no erosion control measures, structures, or devices utilized to prevent silt from leaving the site
were observed which is a violation of 15A NCAC 13B .0566(5).

D. 15A North Carolina Administrative Code 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.”

During the inspection, the entrance to the site was not secured by gates, chains, berms, or fences which is a violation
of 15A NCAC 13B .0566(6).

To achieve compliance, actions must continue to ensure that the fire is completely extinguished. Immediately
discontinue acceptance of waste. Notify the Division once the fire has been extinguished and it has been
deemed safe to work within the landfill area. Within 30-days from the aforementioned notification, the
following compliance actions must be completed:

1. Closure activities for the landfill must commence as detailed in Item #7 of the “Additional Comments”
section of the report. Slopes shall not exceed a ratio of three horizontal to one vertical.

2. Remove all unacceptable waste streams surrounding the burned landfill and dispose of the waste at a
facility permitted by the Division of Waste Management. Prior to the removal of the fibrous material,
steps must be taken to properly identify the material to ensure it is not asbestos or contain asbestos related
materials. An accredited asbestos professional must be utilized to evaluate the fibrous material. Should
the material contain asbestos, removal and disposal of asbestos waste must comply with 40 CFR 61.150.
The requirements of which can be found at the following link: www.ecfr.gov.

3. Install erosion control measures, structures, or devices to prevent silt from leaving the site. Coordinate
with the Division of Energy, Mineral and Land Resources (DEMLR) staff to determine what type of
erosion and sedimentation control devices may be needed. DEMLR staff can be reached at (336) 776-
9800.

4. Secure the entrance to the site by gates, chains, berms or fences to prevent unauthorized access.

ADDITIONAL COMMENTS

1. The facility is located on a 116-acre parcel of land located on Alfred Hartley Road and is owned by Arnold Keith
Haas and Dimple Haas.

The item(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 any
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 3

2. During a telephone conversation on April 28, 2023, Ms. Anita Doak confirmed that Mr. Arnold Haas was no
longer living at the subject property and is no longer involved with the day-to-day operations of the site. Ms. Doak
noted that she had been overseeing the site and had allowed disposal of waste at the site. Ms. Doak stated she
would be using a third-party contractor to address the violations at the site.
3. This inspection was performed in response to a notification by the Division of Air Quality of a fire at the facility.
4. The waste area appeared to be less than two acres in size at the time of inspection.
5. The access road leading to the site was of all-weather construction and well maintained.
6. It appeared that all required buffers were being maintained.
7. The Land Clearing and Inert Debris Notification originally filed with the Caldwell County Register of Deeds
on October 13, 2004, documented Mr. Arnold K. Haas as the owner and operator of the facility. Effective
January 1, 2021, the rules governing LCID landfills were readopted, and the owner/operator of landfills
designated as a notification and legally operating on that date to close the landfill by January 1, 2026.
However, as Mr. Haas is no longer living on the property or involved with the day-to-day operation of the
landfill, the landfill would have been deemed invalid as permits and approvals issued by the Section are not
transferrable in a manner that would have allowed Ms. Doak or other party not named on the notification
as an operator. As such, the landfill does not meet the above criteria for an extended closure period, and
must be immediately cease operations in accordance with the Closure and Post-Closure Care Requirements
for LCID landfills detailed under 15A North Carolina Administrative Code 13B .0567:

(1)(A) The disposal area must be covered with no less than one foot of soil cover sloped to direct the flow of
surface water from the landfill.

(1)(B) Soil cover must be stabilized with vegetative ground cover or other stabilizing material.

(2) The owner or operator of a site shall complete the closure activities within 120 days after beginning the
closure activities as specified in Subparagraph (1) of this Paragraph.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 5/5/23 Email Hand delivery X US Mail (with
NOV)
Certified No. [ _]

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
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.05.05 11:13:00 -04'00'