43_N0515_NOV_20010319

State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
M4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
March 19, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.G. Kirkpatrick, Sr.
Kirkpatrick Associates
P.O. Box 2570
Burlington, North Carolina 27216-2570
Re: Notice of Violation
G.S. Materials LCID Notification
N.C. Hwy.. 24/27 @ SR 1001
(Harnett Co. - N/F)
Dear Mr. Kirkpatrick:
Pursuant to N.C.G.S. 130A-22(a) and to 15A N.C. Admin. Code 13B, Solid Waste
Section staff have conducted visits to the G.S. Materials, Inc. Land Clearing and Inert
Debris Notification site located at the intersection of N.C. Highway 24/27 and SR 1001 in
Harnett County, North Carolina. The subject facility was found to be in violation of
certain operational requirements for Land Clearing and Inert Debris landfills contained in
the North Carolina Solid Waste Management Rules, codified at 15A N.C. Admin. Code
13B; specifically:
15A N.C. Admin. Code 13B .0564 (9)(b) states that "[the facility shall meet the
following buffer requirements:] 100 feet from the disposal area to property
lines, residential dwellings, commercial or public buildings, and wells;"
15A N.C. Admin. Code 13B .0566 (2) states that "the facility shall only
accept those solid wastes that it is permitted to receive;"
15A N.C. Admin. Code 13B .0566 (8) states that "the facility shall be adequately
secured by means of gates, chains, berms, fences, etc. to prevent unauthorized
access except when an operator is on duty. An attendant shalt be on duty at all
times when.the landfill is open for public use,to assure compliance -with
operational requirements and to prevent acceptance of unauthorized wastes."
1628Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

On March 7, 2001 Mr. Mark Fry, Eastern Area Supervisor, and Mr. Jim Barber,
Easter Permit Engineer, observed that the facility was unsecured in that cable gate at the
entrance on SR 1001 was not in place, and no attendant or operator was present on site.
Also, several loads of unpermitted wastes, to include miscellaneous construction waste and
refuse, were observed in the fill area. Further, it was observed that land clearing waste has
been placed within the required 100' property line buffer along SR 1001.
Based on the foregoing, G.S. Materials, Inc. is hereby directed to take the following
actions to correct the violations stated in this Notice of Violation, and otherwise be in
compliance with the North Carolina Solid Waste Management Rules, codified at 15A N.C.
Admin. Code 13B:
I. Immediately take measures (gates, fences, etc.) to secure the site against
unauthorized access whenever an attendant is not on duty;
U. Within 30 days of receipt of this Notice of Violation, remove all
unpermitted wastes at the site to an appropriate facility permitted by
the Division of Waste Management; as documentation that the
waste was disposed of properly, mail copies of all landfill receipts to
me at the letterhead address;
III. Within 90 days of receipt of this Notice of Violation, remove all
waste from any required buffer areas at the facility and place within
appropriate facility disposal footprint.
Please be aware that pursuant to N.C. Gen. Statute 130A-22(a) and 15A N.C.
Admin. Code 13B .0701 - .0707, an administrative penalty of up to $5000.00 per day may
be assessed for violation of the Solid Waste Management Laws or Regulations.
Thank you for your cooperation in this matter. If you have any questions, feel free
to contact me at [phone].
Sinceerre�lpy,,
Robert Hearn
Waste Management Specialist
Solid Waste Section
cc: Phil Prete
Mark Fry
Amold Houston