1403_RES_20231219

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

UNIT TYPE:
Lined
MSWLF X LCID YW Transfer Compost SLAS COUNTY: Caldwell
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 1403-MSWLF-1998
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: December 19, 2023 Date of Last Inspection: November 30, 2023

FACILITY NAME AND ADDRESS:
Foothills Regional Landfill
2800 Cheraw Road
Lenior, North Carolina 28645

GPS COORDINATES (decimal degrees): Lat.: 35.91531 Long.: -81.59568

FACILITY CONTACT NAME AND PHONE NUMBER:
Owner: Caldwell County
Contact: Donald E. Duncan Jr., County Manager
Telephone: [phone]
Email address: [e-mail]

Operator: Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill
Contact: Steven Hunter, Operations Manager – Foothills Regional Landfill
Telephone: [phone]
Email: [e-mail]

FACILITY CONTACT ADDRESS:
Donald E. Duncan Jr., Caldwell County Manager
Post Office Box 2200
Lenior, North Carolina 28645

CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill
150 Fayetteville Street, Box 1011
Raleigh, North Carolina 27601

PARTICIPANTS:
Stephen Hunter, Operations Manager – Republic Services of NC, LLC
Mitchael Ogle, Operations Supervisor – Republic Services of NC, LLC
Stoddard Pickrell, Environmental Manager – Republic Services of NC, LLC
Charles Gerstell, NCDEQ – Solid Waste Section
Kim Sue, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit Approval to Construct MSW Landfill Phase 5 and a Permit Approval to Operate MSW Landfill Phases 1 – 4
and Phase 5, Cell 6A and a Landfill Gas to Energy System was issued to Caldwell County (Owner) and Republic
Services of North Carolina, LLC (Operator) d.b.a Foothills Regional Landfill on November 24, 2021.

PURPOSE OF SITE VISIT:
Partial Inspection

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

STATUS OF PAST NOTED VIOLATIONS:
North Carolina Administrative Code 13B .1626(2)(b) states: “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.”

15A North Carolina Administrative Code 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee shall be considered by the Department to have accepted the conditions of the permit and shall comply with the
conditions of the permit.”
x General Permit Condition #7 states: “Construction and operation of this solid waste management facility must
be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the
North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the
approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take
precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action
or permit revocation.”
x The approved Operations Plan (Document/File ID No. 162652) is included in the List of Documents for the
Approved Plan. Section 5, Item A “Landfilling/Operations” of the approved Operation plan states in
part: “Per North Carolina State Regulations, a daily cover of 6” of compacted soil or an approved alternative
daily cover must be placed on top of the daily landfill operation to protect the landfill garbage from exposure to
rain and becoming windborne, and to prevent rodent and insect propagation or infestation.”

During the previous inspection on November 30, 2023, exposed waste was observed over a large portion of the working
face east of the area actively receiving waste and being compacted. The area of exposed waste measured approximately
136’ x 220’. Posi-Shell had previously been applied to the waste in approximately half of this area, however the
application was not sufficient to adequately cover the waste. The remaining area of uncovered waste had little or no
Posi-Shell visible. There was no soil cover or other approved alternate daily cover observed in this area. Mr. Hunter
stated waste was last placed in this area on November 22nd or November 23rd. Mr. Hunter also explained a compactor
had become stuck on the slope during the previous day’s operation on November 29th and had to be removed by
additional facility equipment. Posi-Shell application was especially sparse within the area where the compactor had
been removed. As a result, Caldwell County and Republic Services of North Carolina, LLC d.b.a Foothills Regional
Landfill was found in violation of 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .0203(d).

Inspection of the facility on December 19, 2023 found soil cover on all inactive portions of the landfill. The portion of
the working face not actively receiving waste and being compacted was covered with Posi-Shell at the time of
inspection which was well applied. Therefore, the violations are considered resolved. Thank you for your
cooperation in this matter.

OBSERVED VIOLATIONS:
No new violations

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 3

ADDITIONAL COMMENTS

1. The facility consists of a lined MSWLF, Tire Management Area, White Goods area, and Mulching and Grinding
Area.
2. This was partial inspection to evaluate the facility’s efforts to comply with the violations documented in the Notice
of Violation issued on December 6, 2023. Please see “Status of Past Noted Violations” for comments.

Operations Inspection of the MSWLF Unit:

3. Waste was being placed in Cell 6A at the time of inspection.
4. The working face was smaller than previously observed during the November 30th inspection. However, the
working face continues to be quite large in size. During waste filling activities, please be mindful of the size of the
working face, distance from the top of slope to the bottom of the slope, and distance from the tipper location to the
point where waste is filled and compacted. The greater size and distances of these factors potentially increase the
facility’s risk to adequately control odors, windblown waste, and the ability to provide proper daily cover.
5. The facility was impacted by severe winds on December 18th prior to the inspection. Facility staff were collecting
windblown waste at the time of inspection.
x An additional catch-fence had been installed east of the working face since the last inspection. Mr. Hunter
explained the fence was damaged by heavy winds on December 18th but had since been repaired. Please
continue efforts to collect and control windblown waste at the facility.
6. A separate disposal area was being utilized for small residential loads north of Cell 6A at the time of inspection.
x The working face was very small and compact.
x The previous days working face had been covered with Posi-Shell which was well applied.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 12/21/23 X Email Hand delivery US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.12.21 11:02:09 -05'00'