The URL can be used to link to this page

Home My WebLink About2909_NOV_20170117 State of North Carolina | Environmental Quality | Waste Management 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667 336-796-9800 PAT MCCRORY Governor WILLIAM G. ROSS, JR. Acting Secretary MICHAEL SCOTT Director January 17, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7011 1570 0001 8545 5912 Mike Phillips, Operator 411 Bethany Church Road Winston-Salem, NC 27107 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7011 1570 0001 8545 5929 Ellen Veach, Property Owner 4261 Old Thomasville Road Winston-Salem, NC 27107 SUBJECT: Notice of Violation Compliance Inspection Report Veach LCID Landfill Permit No. 2909 Davidson County Dear Ms. Veach and Mr. Phillips: On January 12, 2017, Susan Heim, 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. Mike Phillips, facility operator, was present and represented the Veach LCID Landfill during this inspection. The following violation(s) were noted: A. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the conditions of the permit.” Permit to Construct and Operate No. 2909-LCID- 2013, Attachment 2, Conditions of Permit to Construct, Part I, facility specific condition 3.d. states, “The disposal unit boundary must be accurately identified with permanent markers.” Permit to Operate No. 2909-LCID-2013, Attachment 3, Conditions of Permit to Operate, Part I, facility specific condition 7 states, “The permanent markers that accurately delineate the waste disposal boundary must be maintained.” Veach LCID Landfill Notice of Violation Page 2 of 3 January 17, 2017 State of North Carolina | Environmental Quality | Waste Management 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667 336-796-9800 Ellen Veach, property owner, and Mike Phillips, operator, are in violation of 15A NCAC 13B .0203(d) for failing to install and maintain permanent edge of waste markers that accurately identify the waste disposal boundary. B. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the conditions of the permit.” Permit to Construct and Operate No. 2909-LCID- 2013, Attachment 3, Conditions of Permit to Operate, Part I, facility specific condition 8 states, “Excavation, grading and fill material side slopes must not exceed a ratio of three horizontal feet to one vertical foot (3:1). Ellen Veach, property owner, and Mike Phillips, operator, are in violation of 15A NCAC 13B .0203(d) by failing to maintain excavation, grading and fill material side slopes at a ratio of three horizontal feet to one vertical foot (3:1). C. 15A NCAC 13B .0566(4) states: “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.” Ellen Veach and Mike Phillips are in violation of 15A NCAC 13B .0566(4) by failing to adequately cover waste with a minimum of one foot of suitable soil monthly, or when the active area reaches one acre in size, whichever occurs first. D. 15A NCAC 13B .0566(3) states: “Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.” Ellen Veach, property owner, and Mike Phillips, operator, are in violation of 15A NCAC 13B .0566(3) by failing to restrict solid waste to the smallest area feasible. Based upon the foregoing, the Ellen Veach, property owner, and Mike Phillips, operator, shall come into compliance with all requirements of the regulations in 15A NCAC 13B by completing the following within the timeframes specified below in items 1 through 4: 1. By February 15, 2017, install and maintain edge of waste markers that accurately delineate the waste disposal boundary. 2. By February 15, 2017, regrade all excavation, grading and fill material slopes so as not to exceed the maximum ratio of 3:1, as required by 15A NCAC 13B .0203(d) and the permit to operate, and to prevent water from collecting in and around waste. 3. Immediately cover all exposed waste, and continue to apply adequate coverage at least monthly, as required by 15A NCAC 13B .0566(4). 4. By February 15, 2017, compact the waste in the landfill as densely as practical to restrict it to the smallest area feasible. Veach LCID Landfill Notice of Violation Page 3 of 3 January 17, 2017 State of North Carolina | Environmental Quality | Waste Management 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667 336-796-9800 The violations listed above were observed by Section staff and require action on behalf of Ellen Veach, property owner, and Mike Phillips, operator, 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct follow-up inspections to verify that the facility has completed the requirements of this Notice of Violation. I would welcome the opportunity to meet with you to discuss these issues in more detail. If you would like to do so, or if you have any questions please contact me at 336-776-9672 or e-mail me at susan.heim@ncdenr.gov. Sincerely, Susan Heim Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Deb Aja, Western District Supervisor – Solid Waste Section Jessica Montie, Compliance Officer – Solid Waste Section Matt Gantt, Division of Energy, Mineral and Land Resources Andrew Veach – Veach LCID Landfill