1304_INSP_20230629

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined MSWLF X LCID YW Transfer Compost SLAS COUNTY: CABARRUS
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 1304-MSWLF-1992
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: 6/29/23 Date of Last Inspection: 4/19/23
FACILITY NAME AND ADDRESS: BFI-Charlotte Motor Speedway Landfill V 5105 Morehead Road Concord, North Carolina 28027 GPS COORDINATES (decimal degrees): Lat.: 35.35196 Long.: -80.66805 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Andrew Magee, General Manager – Republic Services, Inc. Telephone: [phone]
Email address: [e-mail] FACILITY CONTACT ADDRESS:
Same as above
PARTICIPANTS:
Andrew Magee, General Manager – Republic Services, Inc. Cotton Spry – Republic Services, Inc Jason Watkins, DEQ – Solid Waste Section
Teresa Bradford, DEQ – Solid Waste Section STATUS OF PERMIT:
A Permit Amendment to the Permit to Construct Phase 4 and the Permit to Operate Phases 1-3 was issued to BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc. on July 20, 2022. In accordance with N.C.G.S. 130A-294(a2), the Permit is for the life-of-site of the facility which is defined as the period from the initial receipt of solid waste at the facility until the facility reaches its final permitted elevations, which period shall not
exceed 60 years. Permit number 1304-MSWLF-1992 was approved to begin waste receipt operations on March 6, 1992, therefore the Permit shall expire on March 6, 2052. On October 3, 2022, the facility received approval from the Solid Waste Section to operate Phase 3, Cell 2M.
PURPOSE OF SITE VISIT: Follow-up Inspection
STATUS OF PAST NOTED VIOLATIONS: A. 15A North Carolina Administrative Code 13B .1626(2)(b) for failing to adequately cover all disposed waste with six inches of earthen material. Unresolved B. 15A North Carolina Administrative Code 13B .0203(d) for failing to adequately cover all disposed waste with six inches of earthen material. Unresolved C. 15A North Carolina Administrative Code 13B .1626(11) for failing to collect and return windblown waste to the working face at the end of each operational day. Unresolved
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 11
D. 15A North Carolina Administrative Code 13B .0203(d) for failing to collect and return windblown waste to the working face at the end of each operational day. Unresolved
6/29/23: View of uncovered or partially covered waste on the eastern side of Cell 2M. (Photo by T. Bradford)
6/29/23: View of uncovered or partially covered waste on the top of the landfill. (Photo by T. Bradford)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 11
OBSERVED VIOLATIONS: A. 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 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).
The areas noted in the April 27, 2023 Notice of Violation remain partially covered as well as additional areas around the southern perimeter of Cell M have been left un- or partially covered after the placement of waste, or as a result of equipment driving in these areas. Also, exposed waste on the western side of Cell 2F had been left uncovered from
the construction of Phase 4. Therefore, BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .1626(11) and 15A NCAC 13B .0203(d). On June 30, 2023, Mr. Magee e-mailed photographs to Section staff indicating that efforts have begun to cover Cell 2M.
To achieve compliance, cover all side slopes of the landfill below and beyond the active areas of the landfill, as well as any intermediate areas where cover has not been maintained to meet the rule required minimum of 6 inches. Areas that will not have additional wastes placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with no less than one foot of intermediate cover in accordance with .1626 (2)(b)(d). Also, cover all waste at the active working face with a minimum of six inches of earthen material or an approved alternative cover material at the conclusion of each operating day.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 11
6/29/23: View of uncovered or partially covered waste on the southern side of Cell 2M. (Photo by T. Bradford)
6/29/23: A continuation of uncovered or partially covered waste to the east of the previous photo. (Photo by T. Bradford)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 11
6/29/23: A continuation of uncovered or partially covered waste to the east of the previous photo. (Photo by T. Bradford)

6/29/23: A continuation of uncovered or partially covered waste to the east of the previous photo. (Photo by T. Bradford)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 6 of 11
6/29/23: Closer view of uncovered waste on the southern side of Cell 2M. (Photo by J. Watkins)
6/29/23: Closer view of uncovered waste on the southern side of Cell 2M. (Photo by J. Watkins)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 7 of 11
6/29/23: View of uncovered waste on the western side of Cell 2F. (Photo by J. Watkins) B. 15A North Carolina Administrative Code 13B.1626 (1)(g): Waste placement at MSWLF units shall be within
the areal limits of the base liner system and in compliance with the effective permit. Failure to place and maintain landfill cover has allowed waste to be displaced and leave the base liner system during recent rain events. Therefore, BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .1626(1)(g).
To achieve compliance, make any necessary repairs to areas of the side slopes where washouts of the lower berm have occurred allowing waste to escape the lined unit. Any waste that is outside of the lined unit along and below the perimeter access road shall be collected and returned to the active landfill.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 8 of 11
6/29/23: View of erosion on berm due to recent rains on the southern side of Cell 2M allowing waste to be washed over side. (Photo by J. Watkins)
6/29/23: View of waste that has been washed over the berm from recent rains. (Photo by T. Bradford)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 9 of 11
C. 15A North Carolina Administrative Code 13B .1626(8)(d) states: Leachate shall be contained within a lined disposal cell or leachate collection and storage system. All leachate shall be treated, as required by the receiving facility, prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required prior to the discharge of leachate to surface waters, as provided by 40 CFR 258.26 and 258.27. Several leachate outbreaks were observed on the eastern side slope of Cell 2J which led to a large amount of leachate
being discharged outside of the lined disposal cell and into a perimeter ditch. Soil had been placed in the ditch in a manner to prevent the leachate from entering a culvert pipe under the perimeter road indicating facility staff were aware of the release yet had not made attempts to fix the releases nor remove the leachate in the ditch. According to facility staff, a pump truck was due to come out the day of the inspection to pump the leachate out of the ditch. On June 30, 2023, Mr. Magee e-mailed a photograph of the truck onsite to Section staff.
To achieve compliance, make repairs to the leachate outbreaks on the eastern side slope of Cell 2J. Any leachate that has escaped the lined containment system is to be pumped from the ditch line and returned to the leachate collection system. Any area of the ditch impacted by the leachate release shall have soil excavated at least 12 inches in depth, and the soil disposed in the active landfill. Confirmation sampling of the remaining soil shall be required to determine all impacted soils have been removed. Copies of the sample results should be sent to Jackie Drummond at
[e-mail] for review. Additional remedial action may be required based on the results. The sampling guidance is available at Leachate Release Sampling & Analysis Guidelines.
6/29/23: View of leachate collected into the perimeter ditch outside of the lined disposal cell on the eastern side of Cell 2J. (Photo by T. Bradford)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 10 of 11
6/29/23: Closer view of leachate collected into the perimeter ditch outside of the lined disposal cell on the eastern side of Cell 2J. (Photo by T. Bradford) D. 15A North Carolina Administrative Code 13B .1604(2)(M) states in part: The permittee shall give notice to the Division via telephone or e-mail within 24 hours from the time the permittee becomes aware of the circumstances of any release or discharge outside the liner, collection system or other containment component, any fire, or explosion
from the permitted landfill facility. The facility failed to notify the Section within 24 hours of becoming aware of the release outside of the liner on the eastern side slope of Cell 2M. Therefore, BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .1604(2)(M).

ADDITIONAL COMMENTS
1. The facility is permitted to receive solid waste generated from within the City of Concord, Cabarrus County, the State
of North Carolina, and the following counties in the State of South Carolina: Cherokee, York, Lancaster, Chesterfield and Chester. 2. Proper signage was observed at the entrance of the facility.
3. A gate is provided at the entrance of the facility to prevent unauthorized access. 4. On June 28, 2023, Section staff conducted an odor investigation of the Rocky River Crossing Subdivision in response to odor complaints received on 6/27/23. Odors were detected by Section staff in the area of Arbor View Drive. Section staff contacted Mike Gurley with Republic Services, Inc. to advise him of the odors detected. Operations Inspection of the MSWLF:
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 11 of 11
5. This follow-up inspection was conducted to determine if compliance actions were completed for the violations noted in the previous inspections on December 7, 2022, January 27, 2023 and April 19, 2023. During this inspection, additional soil cover was observed to have been added to the eastern side slope of Phase 3 - Cells 2J, 2K and 2M. However, waste was still exposed in some areas on the slopes. Therefore, this violation is unresolved. 6. Due to space limitations in the active disposal area of Cell 2M, the facility is operating the tippers at the top of the landfill and pushing waste multiple hundred feet down the side slope to the working face. As previously noted in the
April 19. 2023 inspection report, this is an inefficient method of managing the waste that should be avoided during most times of the operation of a landfill, in that it requires extra equipment and manpower to handle the waste multiple times. Further, it disturbs previously covered portions of the landfill and creates a much larger active area each day than the facility can adequately cover. 7. As noted in the observed violations noted above, initial landfill cover placement and maintenance remain problematic. Failure to prioritize cover operations at the landfill will quickly result in increased enforcement action.
8. Large ruts were present on the southern side slope of Cell 2M. Any areas disturbed by driving vehicles over landfill slopes must be repaired and recovered by the end of the day. Please see Observed Violations Section of this report. 9. Trash odor was observed along the southern side of Cell 2M, likely exacerbated by the lack of cover soils. Failure to cover can be the primary source of on-going odor generation from this facility impacting neighboring communities. Please see Observed Violations Section of this report. 10. Edge of waste markers were being maintained. 11. Access roads around the landfill unit were well maintained.
Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone] Teresa N. Bradford Environmental Senior Specialist Regional Representative

Sent on: 7/7/2023 (w/ NOAV) Email Hand delivery US Mail X Certified No. [7016 1370 0000 2592 5305 CT Corporation System/7016 1370 0000 2592 5299 Andrew Magee)

Copies: Ed Mussler, Section Chief – Solid Waste Section Victor Unnone, Assistant Attorney General 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