N1081_NOV_20230803

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
August 3, 2023
CERTIFIED MAIL 7016 1370 0000 2592 5114
RETURN RECEIPT REQUESTED
James R. Varner
710 Campbell Avenue
Kannapolis, NC 28081
SUBJECT: Notice of Violation
Compliance Inspection Report
Varner Farm
N1081
Rowan County
Dear Mr. Varner:
On June 27, 2023, Kim Sue, 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. No representative for Varner Farm were present during this
inspection. The following violations were noted:
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.
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.
C. 15A NCAC 13B .0566(1) states: "The site shall only accept those solid waste 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.
EQ2�
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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naw ai�a�aa� r 704.663.1699

James R. Varner
Varner Farm
Notice of Violation
Page 2 of 3
August 3, 2023
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".
Duringthe inspection the gate at the entrance was open and no operator was on -site to screen incoming
waste for unacceptable waste.
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.
Based upon the foregoing, James E. Varner shall come into compliance by October 2, 2023, with all requirements
of the regulations in 15A NCAC 13B .0564(6), 15A NCAC 13B .0566(1), 15A NCAC 13B .0566(5), 15A NCAC
13B .0566(6) and 15A NCAC 13B .0566(14) by completing the following at the Varner Farm:
1) Upon receipt of this Notice of Violation, cease accepting waste at this site.
2) Contact Kim Sue at [phone] prior to beginning any cleanup operation to discuss
proper documentation and procedures.
3) Ensure that no waste is located or disposed of within the required 100-foot buffer from the
waste boundary to property lines, residential dwellings and potable wells.
4) 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
[e-mail]. ov
4) 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.
5) A sign must be installed with proper information at the entrance to the facility.
6) Once the above corrective actions 1-5 have been achieved, initiation of the 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.
The violations 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. 13OA-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
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
o ao.� 704.663.1699

James R. Varner
Varner Farm
Notice of Violation
Page 3 of 3
August 3, 2023
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.
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 [e-mail].
Sincerely,
Dlglady signed by Klm Sue
DN_"—K sue, ¢Dlvlzlon of w-1
\`-,� Managemenf,ou=solid wa:fe. secrion,
mail �Imsue�deq.nc.gov. Is
Data. 2023.4 1171116-04'at!'
Kim Sue
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
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699