N0642_NOV_20230505

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



May 5, 2023

CERTIFIED MAIL 7016 1370 0000 2592 5282
RETURN RECEIPT REQUESTED

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

SUBJECT: NNotice of Violation
Compliance Inspection Report
Haas LCID Landfill
N0642
Caldwell County

Dear Ms. Doak:

On April 20, 2023, Charles Gerstell, Environmental Senior Specialist, 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. Mr. Curt Willis,
Code Enforcement Officer, representing Western Piedmont Council of Governments was also present
during the inspection. The following violations were noted:

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 .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).

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.”

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Mr. Arnold K. Haas
Haas LCID Landfill
Notice of Violation
Page 2 of 3
May 5, 2023

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).

DD. 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).

Based upon the foregoing, you shall come into compliance with all requirements of the regulations in
15A NCAC 13B .0566(10)(a), 15A NCAC 13B .0566(1), 15A NCAC 13B .0566(5), and 15A NCAC
13B .0566(6) by completing the following:

1. Continue efforts 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. WWithin 30-days from the aforementioned
notification, the following compliance actions must be completed:

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

b. 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.

c. 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 [phone].

d. Secure the entrance to the site with gates, chains, berms, or fences to prevent
unauthorized access.

The violations listed above were observed by Section staff and require action on behalf of you 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,
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Mr. Arnold K. Haas
Haas LCID Landfill
Notice of Violation
Page 3 of 3
May 5, 2023

Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further,
you, 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].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer

Enclosure: Facility Compliance Inspection Report
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 11:10:20 -04'00'