N1081_INSP_20230627

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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: Rowan
MSWLF
PERMIT NO.: N1081
Closed
HHW
White
Incin
T&P
FIRM
MSWLF--goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: 6/27/2023
FACILITY NAME AND ADDRESS:
Varner Farm
Old Foutz Farm Road
China Grove, NC 28023
Date of Last Inspection: Initial
GPS COORDINATES (decimal degrees): Lat.: 35.57129 Lon2.:-80.67874
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: James R. Varner
Telephone: [phone]
Email address: vamerhaulingga,aol.com
FACILITY CONTACT ADDRESS:
Same as above
PARTICIPANTS:
Kim Sue, NCDEQ — Environmental Senior Specialist — Solid Waste Section
STATUS OF PERMIT:
A Land Clearing and Inert Debris Landfill Notification was recorded with the Rowan County Register of Deeds on June
19, 1997, Deed Book 0798 Page 0414.
PURPOSE OF SITE VISIT:
Complaint inspection
STATUS OF PAST NOTED VIOLATIONS:
None
OBSERVED VIOLATIONS:
A. 15A NCAC 13B .0564(6) states in part: `A site shall maintain the following buffer requirements:
(a) 50 feet from the waste boundary to waters of the state as defined in G.S. 143-212.
(b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings,
and potable wells".
During the inspection it appeared that the edge of the waste disposal area was less than 100 feet the adjacent
residential dwelling. Measurements from aerial photographs confirmed that the landfill is less than the required 100-
foot buffer to residential dwellings. Aerial imagery shows that the landfill is less than 40 feet away from the
residence at 270 Old Foutz Farm Road. Therefore, James R. Varner is in violation of 15A NCAC 13B .0564(6).
To achieve compliance, remove all waste within 100 feet of the residential dwelling to establish the 100 foot
buffer.
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
View of landfill looking southeast across
working face towards adjacent property and
residential dwelling. Photos taken by Kim Sue
6/27/2023.
B. 15A NCAC .0563(1) states: "The site shall accept only yard waste and inert debris waste for disposal. "
During the inspection C&D waste was observed partially buried on the slope to the landfill located on the southwest
side of the property. Therefore, James R. Varner is in violation of 15A NCAC 13B .0563(1).
C. 15A NCAC 13B .0566(1) states: "The site shall only accept those solid wastes that it is permitted to receive".
During the inspection C&D waste was observed partially buried on the slope to the landfill located on the southwest
side of the property. Land clearing and inert debris landfills shall only accept yard waste and inert debris waste for
disposal. Therefore, James R. Varner is in violation of 15A NCAC 13B .0566(1).
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
To achieve compliance, remove all unacceptable waste from the site, including any that may be buried, and
properly dispose of it in a facility permitted by the Division of Waste Management. Proof of disposal must be
submitted to the Solid Waste Section in the form of disposal receipts indicating the facility where the waste was
disposed. Receipts for disposal of all waste should be sent to:
Kim Sue
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
704-235-2163
Kim.sue(&deg.nc.gov
Test pits might be requested to verify all unacceptable waste had been removed.
Partially buried land clearing debris and C&D
material looking southwest across property. Photo
taken by Kim Sue 6/27/2023.
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
D. 15A NCAC 13B .0566(6) states: "The site shall be secured by barriers such as gates, chains, berms, and fences to
prevent unauthorized success. 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 gate at the entrance was open and no operator was on -site to screen incoming waste for
unacceptable waste. Therefore, James R. Varner is in violation of 15A NCAC 13B .0566(6).
To achieve compliance, ensure an operator is on duty at all times while the site is open for public use and
during time frames when the landfill is closed the entrance gate is closed and locked.
E. 15A NCAC 13B .0566(14) states: `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 ".
During the inspection no sign was posted at the site entrance. Therefore, James R. Varner is in violation of 15A
NCAC 13B .0566(14).
To achieve compliance, a sign must be installed with proper information at the entrance to the facility.
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.
ADDITIONAL COMMENTS
1. This facility is a Land Clearing and Inert Debris landfill for the disposal of land clearing waste, inert debris,
untreated wood, and yard trash requiring a disposal area of less than two acres.
2. The original LCIDLF Notification was recorded with the Rowan County Register of Deeds on June 19, 1997, site
Deed Book 0798 Page 0414.
3. Ensure all solid waste in the landfill is compacted and slopes shall not exceed a ratio of three horizontal to one
vertical at any time per 15A NCAC 13B .0566(2).
4. 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. Any soils used for cover at the site shall meet unrestricted use standards for soils as
defined in G.S. 130A-310.65 per 15A NCAC 13B .0566(3).
5. Areas that will not have additional waste placed on them for three months or more, but where the 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.
The Division may require further action to correct any condition that the Division determines may be injurious to
the public health, or a nuisance to the community per 15A NCAC 13B .0566(4).
6. Ensure that no waste is located or disposed of within the required 100-foot buffer from the waste boundary
to property lines and potable wells per 15A NCAC 13B .0564(6). It appears that the landfill waste disposal area
is at the property line as shown on aerial imagery.
7. The access roadway is of all-weather construction and being maintained to allow access by vehicles transporting
waste.
8. Ensure surface water is being diverted from the working face and shall not be impounded over waste per 15A
NCAC 13B .0566(8).
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
In accordance with 15A NCAC 13B .0563(6) (Readopted Effective January 1, 2021) within five years of the
readopted effective date of this Rule, the owner or operator of a notified LCIDLF that was not closed prior to
the readopted effective date of this Rule shall comply with the requirements of this Rule, or shall close the
notified LCIDLF in accordance with Rule .0567(b) of this Section, except that the required notification of
closure is not required to be certified. For the purpose of this Rule, "notified LCIDLF" means a site that was
not required to obtain a permit from the Division prior to the readopted effective date of this Rule because the
site was designed and constructed to be two acres or less in size, and was required to record a notification for
the site with the Register of Deeds' office and submit the notification to the Division.
Therefore, once the Observed Violations Section above have been achieved, initiation of official closure of the
landfill in accordance with 15A NCAC 13B .0567 must occur or obtain a permit from the Division under the
readopted rules, unless exempted from permitting pursuant to G.S. 130A-294(a)(4)a.
Please contact me if you have any questions or concerns regarding this report. All permitting questions please contact
Claire Osborn at [phone] or Claire.osbomkdeq.nc.gov for any questions regarding permitting.
^ Digitally signed Kim Sue
Ki DN: cn=m Sue,, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.08.0313:36:23-04'00' Phone: [phone]
Kim Sue
Environmental Senior Specialist
Regional Representative
Sent to: James R. Varner
Email
Hand delivery
US Mail
X
Certified No.
8/3/2023
70161370 0000 2592 5114
Copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer
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