Loading...
HomeMy WebLinkAbout42_N0732_ConnerNOV_20240812ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director �EQ NORTH CAROLINA Environmental Quality August 12, 2024 CERTIFIED MAIL 9589 0710 5270 0597 7450 46 RETURN RECEIPT REQUESTED Christopher Conner Construction Attn: Christopher Conner 641 Chloe Woods Trail Roanoke Rapids, North Carolina 27870 RE: Notice of Violation Hackleberry Landfill Permit #N0732 Hollow Drive Roanoke Rapids, North Carolina Dear Christopher Conner, On August 6, 2024, Ms. Amanda Thompson, 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 Rules and Statutes. The following violation(s) were noted: A. 15A NCAC 13B .0201 (g), "Disposal area boundaries for landfills permitted in accordance with Section .0500 or .1600 of this Subchapter shall be delineated with stationary markers affixed to the ground. The markers shall be of height and spacing so that they are distinguishable from the surrounding landscape, and so that the adjacent markers are visible when standing at a marker." Christopher Conner and the Hackleberry Landfill Facility are in violation of 15A NCAC 13B .0201 (g) in that edge of waste markers have not been installed around the 2 acre operating area as required. B. 15A NCAC 13B .0564 (6)(b), "Buffer Requirements: A site shall maintain the following buffer requirements: ... 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and potable wells." D E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA - cePaemeMofE"a—emaiQuality /� 910.433.3300 Hackleberry Landfill Notice of Violation Page 2 of 4 August 12, 2024 Christopher Conner and the Hackleberry Landfill Facility are in violation of 15A NCAC 138.0564 (6)(b) in that waste has been identified within 100 feet of the property boundary of the 1.99-acre, Parcel 0920408. C. 15A NCAC 13B .0566 (2), "Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of three horizontal to one vertical at any time." Christopher Conner and the Hackleberry Landfill Facility are in violation of 15A NCAC 138.0566 (2) in that the waste has not been properly compacted and sloped to meet the three horizontal to one vertical requirement. D. 15A NCAC 13B .0566 (3), "All waste shall be covered with a minimum of six (6) inches of soil monthly, or when the working face reaches one (1) acre in size, whichever occurs first." Christopher Conner and the Hackleberry Landfill Facility are in violation of 15A NCAC 13B .0566 (3) in that the working face has not been covered with a minimum of six (6) inches of soil monthly or when the working face reaches one (1) acre in size. Based upon the foregoing, Christopher Conner and the Hackleberry Landfill shall come into compliance within 30 days of receipt of this letter with all requirements of the regulations in 15A NCAC 13B, by completing the following: 1) Upon receipt of this Notice of Violation, cease accepting any waste at this site until the conditions are met. 2) Contact Amanda Thompson at (910) 433-3352 or amanda.thompson@deg.nc.gov prior to beginning any cleanup operations and to discuss proper documentation and procedures. 3) In order to comply with the 100-foot buffer requirements, Parcels 0920408 and 0909002 must be combined or the waste on Parcel 0920408 must be moved 100 feet away from the property boundary. (Please note that burning of the waste is prohibited and would be a violation of the North Carolina Air Quality Rules). 4) Install edge of waste markers to delineate the landfill footprint. Ensure that the edge of waste markers are visible from one to the next. 5) Densley compact the waste and restrict the waste to the smallest feasible area. All areas of exposed waste must be covered with no less than six inches of soil. 6) Provide proof of the combination of the parcels. Documentation should be mailed to the following address: E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLJNA - oe�amorEnrironmemaiQuality /`� 910.433.3300 Hackleberry Landfill Notice of Violation Page 3 of 4 August 12, 2024 Amanda Thompson amanda.thompson@deg.nc.gov Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, INC 28301 All corrective measures must be completed within 30 days' receipt of this notice of violations. A follow-up site inspection will be conducted after 30 days have passed to ensure that corrective measures have been completed to bring this facility into compliance. Chritopher Conner and the Hackleberry Landfill shall provide written certification with supporting documentation confirming the noted compliance schedule has been completed. Include in this certification any actions taken to prevent these violations from occurring in the future. The written certification with supporting documentation should be mailed to the above -mentioned address for Amanda Thompson. The violations listed above were observed by Section staff and require action on behalf of Christopher Conner and the Hackleberry Landfill to come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements applicable to this activity. Be advised that pursuant to 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, Christopher Conner and the Hackleberry Landfill 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 during the solid waste removal process. This office will conduct follow- up inspections in order to verify your progress. Upon completion, a final inspection will be conducted to verify that the removal of solid waste has been completed per the requirements of this Notice of Violation. If you have any questions regarding this matter, please contact me at please contact me at (910) 433-3352 or e-mail at amanda.thompson@deg.nc.gov. Sincerely, Amanda Digitally signed by Amanda Thompson Thompson Date: 1024.08.1110:27:52 04'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management — Solid Waste Section D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 NORTH CAROLINA - oepa�amoren.ironmemaiauar� /� 910.433.3300 copies: Andrew Hammonds, Field Operations Branch Head Chris Hollinger, Environmental Program Consultant P.C. Luter III and Emily Luter, Property Owners Hackleberry Landfill Notice of Violation Page 4of4 August 12, 2024 E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLJNA - oe�amorEnrironmemaiQuality /`� 910.433.3300