32F_INSP_20230511

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 5
UNIT TYPE:
Lined MSWLF LCID X YW Transfer Compost SLAS COUNTY: DURHAM
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 32F-LCID-
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: May 11, 2023 Date of Last Inspection: March 17, 2022
FACILITY NAME AND ADDRESS: Fogleman and Fogleman Landfill and Recycling Facility 4005 Intermere Road Durham, NC 27704 GPS COORDINATES: Lat.: 36.05502 Long.: 78.81176 FACILITY CONTACT NAME AND PHONE NUMBER: Jay Fogleman, Landfill Manager, 919-682-0068 (o), 919-795-4386 (c), [e-mail]
FACILITY CONTACT ADDRESS: Linda Fogleman
Fogleman Soils, Landfill & Recycling 4005 Intermere Road Durham, NC 27704

PARTICIPANTS: Tim Davis, NCDEQ, SWS
Jason Watkins, NCDEQ, SWS Drew Hammonds, NCDEQ, SWS Amanda Thompson, NCDEQ, SWS
Jordan Russ, NCDEQ, SWS Jay Fogleman, Fogleman Soils, Landfill & Recycling Stacey Smith, Smith Gardner, Inc STATUS OF PERMIT:
Permit Approval to Operate issued August 19, 2022; expires December 16, 2026. PURPOSE OF SITE VISIT: Comprehensive Compliance Inspection
STATUS OF PAST NOTED VIOLATIONS:
1. 15A NCAC 13B .0566 (3), “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.”
Permit Approval to Operate, Attachment 3, Part V, #12, “All waste shall be covered with no less than six inches of soil monthly or when the active area reaches one (1) acre in size, whichever occurs first. More frequent cover may be required when necessary to prevent the site from becoming a nuisance, or to mitigate conditions associated with fire, windblown materials, vectors, or excessive water infiltration.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 5
Operations Manual, Page 22, Section 2.8.1 Periodic Cover, “At the completion of waste placement each week, or sooner if the area of exposed waste exceeds 1 acre in size, a 6-inch layer of earthen material or other material as approved by the DWM will be placed over the exposed waste. This periodic cover is intended to control vectors, fire, odors, and blowing debris,” And Section 2.8.2 Intermediate Cover, “a 12-inch layer of soil cover should be placed on all waste surfaces
that have not received waste in 30 days but are below final elevation. This intermediate cover should be seeded immediately and graded such that all precipitation runoff is channeled to the surface water systems.” PARTIALLY RESOLVED: Continue to properly slope and cover the waste with adequate soil cover. 2. 15A NCAC 13B .0566 (2), “Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of three horizontal to one vertical at any time.”
CORRECTIVE ACTIONS IN PROGRESS: Horizontal cracking was observed on the southwestern side slope and evidence of sloughing of waste was identified on the western and northern side slopes. See comment #1 below
for additional information. 3. 15A NCAC 13B .0564 (6)(b), “Buffer Requirements: A site shall maintain the following buffer requirements: 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells.” PARTIALLY RESOLVED: The northern waste boundary appears to be encroaching on the northern property line and waste has been pushed or fallen into the tree line. This issue has been noted in previous inspections. The waste must be moved away from the property boundaries to meet the 100-foot buffer. 4. 15A NCAC 13B .0567 (c)(1)(B), “Post Closure Requirements…Maintenance of the vegetative cover of the cap, and ensuring that trees and other woody vegetation do not become established on the cap.” PARTIALLY RESOLVED: Ensure that existing woody vegetation is bush-hogged or rough cut and that the vegetative cover of the landfill cap is transitioned to contain predominantly grassy vegetation. 5. 15A NCAC 13B .0566 (8) states, “Surface water shall be diverted from the working face and shall not be impounded over waste.” PARTIALLY RESOLVED: Continue to grade the area to promote positive drainage of surface water away from
the top of the LCIDLF.
OBSERVED VIOLATIONS:
None.
ADDITIONAL COMMENTS The facility is a land clearing and inert debris (LCID) landfill that may receive land clearing waste, inert debris, yard trash, and asphalt. The facility is also permitted to receive wooden pallets for processing, not for disposal in the LCID. 1. Please provide the Section with a new Corrective Action Plan (CAP) by May 31, 2023, which addresses how the
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 5
facility will resolve any outstanding violations over the subsequent 6-month period. The CAP shall also contain a detailed facility map depicting all waste processing, storage, and disposal areas, as well as an updated Operations Manual which addresses the storage and processing of LC debris on top of the landfill, which is currently not an area designated for this activity. Changes to the location of LC debris storage and processing areas must be submitted to Permitting for approval. 2. Significant horizontal tension cracking was identified within the soil cover on the southwestern side slope. Evidence of
slope failure and sloughing of waste was also identified on the western and northern side slopes. During this inspection, incoming waste loads were observed being dumped on top of the landfill and pushed over the side onto the current working face located on the northwestern slope. Steep side slopes coupled with pushing waste from the top of the landfill without first establishing a sturdy base or bench along the bottom of the slopes can cause slope instability, sloughing of waste, and slope failure. It is recommended that waste be placed along the base of the working face and side slopes first to establish a sturdy base/bench on which to place additional waste pushed from above and prevent
sloughing of waste and slope failure. 3. The facility is properly secured with a locked gate. Personnel are onsite during operating hours, which are Monday through Friday from 7:00 am to 4:00 pm. 4. Permit Approval to Operate, Attachment 3, Part I, #2, “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. Traffic signs or markers must be provided as necessary to promote an orderly traffic pattern to and from the discharge area and to maintain efficient operating conditions.” A sign displaying the permit number, contact name, and emergency contact phone number is posted on the entrance gate of the facility, but does not list the waste types accepted for disposal at the site. No traffic signs or markers were identified on top of the landfill. Ensure posted entrance signs contain all required information as stated in the Permit. Traffic signs or markers must be utilized to ensure safety and efficiency. 5. The facility permit and operations plan were available onsite and reviewed with staff. Waste screening records are stored in the scale house and were not available for review. 6. 15A NCAC 13B .0566 (1), “The site shall only accept those solid wastes that it is permitted to receive.”
Composite quartz countertop waste, some containing mesh backing, and sealed/polished gravestones were identified on top of the landfill. These materials do not meet the definition of inert debris as defined in 15A NCAC 13B .0101 (28) and are not permitted to be disposed of in an LCIDLF. Ensure all countertop and gravestone waste containing
sealants, adhesives, or polishes are removed and disposed of at a facility permitted to accept such wastes, and that any incoming loads containing such wastes are rejected. 7. 15A NCAC 13B .0566 (4), “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.” During this inspection, it was noted that large areas of the northern and
northwestern side slopes contained no vegetation and were not properly sloped to shed surface water. An unvegetated area on top of the landfill to the south of the current working face was being used as a makeshift turnaround and temporary parking area for customer vehicles. Ensure that side slopes and unused areas of the landfill are properly covered, graded, and seeded. 8. 15A NCAC 13B .0564 (7), “The site shall establish and maintain an access road around the waste boundary for access by emergency or fire fighting vehicles or equipment.” A partial access road was identified around the waste boundary but remained incomplete at the time of this inspection. 9. Permanent edge of waste markers that accurately delineate the entire was disposal boundary must be installed
and maintained. 10. Mr. Fogleman asked if an existing berm located along the western landfill boundary can be extended in length and relocated within the existing buffer area closer to the western adjacent properties. Mr. Watkins stated that he believed this was acceptable if Mr. Fogleman obtained the approval of the neighboring property owners/inhabitants. Mr. Russ also stated no objections to this activity. 11. During this inspection, Sediment Basin No. 1 located on the northeast side of the landfill contained excess sediment,
and the adjacent wooded area appeared to contain muddy, turbid water. Ensure that Sediment Basin No. 1, and all other erosion control measures are dredged of sediment, restored to proper working condition, and maintained. All repairs should be made immediately.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 5
12. Corrective measures are necessary because of this inspection and should be underway. 13. Digital photographs were taken during this inspection. Please contact me if you have any questions or concerns regarding this inspection report.
________________________________________ Phone: [phone] Tim Davis [e-mail]
Environmental Senior Specialist Regional Representative
Sent on: May 19, 2023 X Email Hand delivery US Mail Certified No. [ _]
Copies (email): Jason Watkins, Field Operations Branch Head – Solid Waste Section Drew Hammonds, Eastern District Supervisor – Solid Waste Section Jordan Russ, Permitting Engineer – Solid Waste Section
Amanda Thompson, Senior Environmental Specialist – Solid Waste Section Stacey Smith, Engineer – Smith Gardner, Inc.

Digital photographs taken by Tim Davis on 5/11/2023.
View of uncovered waste on southwestern slope. View of uncovered waste on northwestern slope.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 5
View of horizontal cracking on southwestern side slope. View of waste within 100 buffer and within tree line.
View of woody vegetation on eastern side slope. View of countertop waste on top of landfill.
View of unvegetated area on top of landfill containing uncovered waste.
View of Sediment Basin No. 1 and adjacent wooded area.