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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). Owe- unr�-i•c,+.sec. w� ���E� Q-1� i4p�Mgn[of EnNrenmwiglgwlNr\ 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. D_E Qom; 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