HomeMy WebLinkAbout5504_NOV_20240809ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
August 9, 2024
CERTIFIED MAIL 7018 0360 0002 2096 6336
RETURN RECEIPT REQUESTED
CT Corporation System, Registered Agent
Lake Norman Landfill, Inc.
160 Mine Lake Court Suite 200
Raleigh, North Carolina 27615-6417
SUBJECT: Notice of Violation
Compliance Inspection Report
Lake Norman Landfill, Inc.
Permit No. 5504-CDLF-1999
Lincoln County
Dear Registered Agent:
On July 23, 2024, 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. Jeffrey Geiss, Operations Manager with Republic Services,
Inc. was present and represented Lake Norman Landfill, Inc. a wholly owned subsidiary of Republic Services, Inc.
during this inspection. The following violations were noted:
A. 15A NCAC 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."
General Permit Condition #6 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."
The approved Operations Plan for the facility states under Section 5.18.2 "Waste Cover": "Waste
cover comprised of 6 inches of compacted soil will be placed on the landfill working face and
other exposed waste at the end of each operating week, or when the disposal area exceeds one-
half acre in size. If conditions warrant (such as adverse weather or excessive wind), cover will be
applied at more frequent intervals. Cover will also serve as a firebreak. Removal of cover prior to
waste placement will only occur during normal weather conditions. Removal of cover will not
occur during periods of high winds or heavy precipitation. The cover removed prior to waste
placement will be stockpiled adjacent to the working face."
During the inspection, uncovered waste was observed on all landfill side slopes and on the top of Phase 3B.
Exposed waste was observed in rills and on the surface of the landfill. The last date waste was received in
Phase 3B was on March 9, 2024. Therefore, Lake Norman Landfill, Inc. is in violation of 15A NCAC
13B .0203(d).
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North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North
Carolina 28115 704.663.1699
Lake Norman Landfill, Inc.
Notice of Violation
Page 2 of 3
August 9, 2024
15A NCAC 13B .0542(f) 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:
(3) Areas that will not have additional wastes placed on them for three months or more, but
where final termination of disposal operations has not occurred, shall be covered and
stabilized with vegetative ground cover or other stabilizing material as provided for in
Subparagraph (4) of this Paragraph."
During the inspection, uncovered waste was observed on all landfill side slopes and on the top of Phase 3B.
Exposed waste was observed in erosion rills and on the surface of the landfill. Areas of Phase 3B were not
covered and stabilized with vegetative ground cover. The last date waste was received in Phase 3B was on
March 9, 2024. Therefore, Lake Norman Landfill, Inc. is in violation of 15A NCAC 13B .0542(f)(3).
C. 15A NCAC 13B .0542(k) states: "Erosion and sedimentation control requirements. Erosion control
measures consisting of vegetative cover, materials, structures, or other devices shall be utilized to prevent
silt from leaving the site and to prevent on -site erosion, and shall comply with 15A NCAC 04, which is
incorporated by reference including subsequent amendments and editions."
During the inspection, deep erosion rills were observed on all landfill side slopes in Phase 3B, exposing waste.
There was not sufficient vegetative ground cover or other stabilizing material in place to prevent erosion.
Therefore, Lake Norman Landfill, Inc. is in violation of 15A NCAC 13B .0542(k).
Based upon the foregoing, Lake Norman Landfill, Inc. shall come into compliance by September 30, 2024, with
all requirements of the regulations in 15A NCAC 13B 15A NCAC 13B .0203(d), 15A NCAC 13B .0542(f) and 15A
NCAC 13B .0542(k) by completing the following at the Lake Norman Landfill, Inc.:
1. Cover all waste in Phase 3B with a minimum of 6-inches of compacted earthen material.
2. Repair all areas of on -site erosion.
3. Stabilize all areas of Phase 3B with vegetative ground cover.
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. 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 necessaryto 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 (704) 235-2163 or e-mail kim.sue@deq.nc.gov.
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office I 610 East Center Avenue, Suite 301 1 Mooresville, North
Carolina 28115 704.663.1699
Sincerely,
Digi ae,K,mso�d-b,
Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Drew Hammonds, Field Operations Branch Head - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer - Solid Waste Section
Mike Gurley, Environmental Manager - Republic Services, Inc
Andrew Magee, General Manager - Republic Services, Inc.
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Lake Norman Landfill, Inc.
Notice of Violation
Page 3 of 3
August 9, 2024
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North
Carolina 28115 704.663.1699