1304_NOAV_20230707

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

July 7, 2023

CERTIFIED MAIL 7016 1370 0000 5305
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 5299
RETURN RECEIPT REQUESTED Andrew Magee, General Manager
Republic Services, Inc
5105 Morehead Road Concord, North Carolina 28027

SUBJECT: Notice of Continuing and Additional Violations
Compliance Inspection Report
Charlotte Motor Speedway Landfill V Permit No. 1304-MSWLF-1992
Cabarrus County
Dear Mr. Magee:

On April 27, 2023, the State of North Carolina, Division of Waste Management Solid Waste Section (Section) issued a Notice of Violation letter to BFI Waste Systems of North America, LLC and Republic Services, Inc.
regarding violations at Charlotte Motor Speedway Landfill. Due to a recent spike in odor complaints from
neighbors, primarily in the Rocky River Crossing subdivision, the Solid Waste Section conducted an odor investigation inspection in the community on June 28, 2023, and a follow-up inspection of the facility on June
29, 2023, and found that the violation(s) noted in the April 27th letter have not been corrected at this time. In
addition, Section staff observed the following new or additional 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.
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
Charlotte Motor Speedway Landfill V Notice of Continuing and Additional Violations
Page 2 of 3
July 7, 2023

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 27th Notice of Violation remain partially covered as well as additional areas around the southern perimeter of Cell 2M have been left un- or partially covered after the placement of
waste, or as a result on equipment driving in these areas. Failure to cover is the primary source of on-
going odor generation from this facility impacting neighboring communities. Also, exposed waste on the
western side of Cell 2F had been left uncovered from the construction of Phase 4.

B. 15A North Carolina Administrative Code 13B .1626 (1)(g) states: 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.

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.

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.

You are hereby notified that the Section intends to move forward in the enforcement process. The following
corrective actions must be taken immediately upon receipt of this notice:

1. 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.
2. Make repairs to the leachate outbreaks on the eastern side slopes of cell M. 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 on
the Section’s webpage entitled Leachate Release Sampling & Analysis Guidelines.
3. 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
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
Charlotte Motor Speedway Landfill V Notice of Continuing and Additional Violations
Page 3 of 3
July 7, 2023

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).
4. 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.
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.

We solicit your cooperation and would like to avoid taking further enforcement actions. At the same time, it is your responsibility to comply with the requirements of the General Statutes and/or the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at (704)
235-2160 or e-mail [e-mail].
Sincerely,

Teresa Bradford Environmental Senior. Specialist
Division of Waste Management - Solid Waste Section
Enclosure: June 29, 2023 Inspection Report

copies: Ed Mussler, Solid Waste Section Chief
Victor Unnone, Assistant Attorney General
Jason Watkins, Field Operations Branch Head
Deb Aja, Western FOB District Supervisor
Chris Hollinger, Compliance Officer
Mike Gurley, Facility Environmental Manager – Republic Services
Mark Stanley, Mid-Atlantic Area Environmental – Republic Services