N0667_INSP_20170601

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 6

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Forsyth
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N0667
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: June 1 and June 8, 2017 Date of Last Inspection: March 1, 2012

FACILITY NAME AND ADDRESS:
Westmoreland, Inc. LCID Landfill
6250 Walnut Cove Road
Walkertown, NC 27051

GPS COORDINATES: N: 36.196416° W: -80.164851°

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Tom Westmoreland, President, J. Westmoreland, Inc.
Telephone: [phone] (office); 336-345-3586 (mobile)
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
J. Westmoreland, Inc.
6851 Old Still Trail
Kernersville, NC 27284

PARTICIPANTS:
Tom Westmoreland, President – J. Westmoreland, Inc. (June 1 only)
Donald Baker, Operator – Westmoreland LCID Landfill
Elizabeth Walter, Administrative Assistant – Westmoreland LCID Landfill
Scotty Woods, Environmental Specialist – Forsyth County (June 1 only)
Roy Gremmell, Senior Environmental Specialist – Forsyth County (June 1 only)
Susan Heim, Environmental Senior Specialist - Solid Waste Section

STATUS OF PERMIT:
LCID Landfill Notification submitted and recorded in Forsyth County: March 17, 2005
LCID Treatment and Processing Notification approved May 30, 2012 (T&PN-34-014)

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
None

OBSERVED VIOLATIONS:

1. 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.”

J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(4) for failing to cover waste.

The facility was inspected in response to a complaint about a fire at the site. On June 1, 2017, a section of the
working face was observed to be smoldering and producing smoke. Because the slope of the active landfill was so
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 6

steep, it was not possible to observe the area of the fire at close range at that time. However, Mr. Westmoreland
stated that cover was not placed on the working face monthly, as required. In order to put out the fire, staff were
pushing dirt off the top of the working face, and also pushing dirt up from the toe of the landfill during this
inspection.

To achieve compliance, J. Westmoreland, Inc. must immediately cover all exposed waste with adequate soil
cover to prevent fires, and continue to apply adequate soil cover to the waste at least monthly.

CORRECTIVE MEASURES IN PROGRESS: On June 8, 2017, the working face of the landfill was found to
have been reshaped and the side slopes reduced to the point that equipment could operate safely and continue to
apply soil cover to the waste. The fire was observed to be almost completely extinguished, with only a few small
puffs of smoke emanating from the lower slope. The lower portion of the working face had been pulled apart and
any wood waste found had been pulled out and away from the fire area. This area near the toe of the landfill had
been regraded, and additional work had been done to reduce the grade on the upper portion of the slope as well.
The tipping area in front of the working face had been cleared and regraded and was also navigable by heavy
equipment. Mr. Baker stated that no additional waste would be added to the landfill. He explained that he would
continue to reshape the fill area to achieve a 3:1 or 4:1 slope and ensure that all waste in the fill area is compacted
as much as possible and covered with a minimum of 6” of soil.

2. 15A NCAC 13B .0566(3) states: “Solid waste shall be restricted to the smallest area feasible and compacted as
densely as practical into cells.”

J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(3) for failing to restrict solid waste to the
smallest area feasible.

On June 1, Mr. Westmoreland explained that waste is pushed over the edge of the working face after the loads
were inspected and any unacceptable materials removed. Mr. Baker added that he was currently unable to use
equipment on the slope itself, because of the steepness of the grade. Regular compaction of the waste is necessary
to restrict it to the smallest area feasible. With a near vertical slope on the working face, it is not possible to
maneuver equipment over the waste to achieve compaction.

To achieve compliance, J. Westmoreland, Inc. must restrict solid waste into the smallest area feasible and
establish a working face that can be continuously maintained and adequately covered at least monthly.

CORRECTIVE MEASURES IN PROGRESS: On June 8, 2017, the approach to the working face and tipping
Smoke emanating from the steep working face, and soil being
pushed down the slope with facility equipment. (Photo taken by
S. Heim 6-1-2017.)
Working face pulled apart at toe of slope and regraded; wood
debris removed from fire area. Fire appears to have been
reduced and nearly extinguished. (Photo taken by S. Heim
6-8-2017.)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 6

area were observed to have been cleared of debris, regraded and compacted, with a gradual slope. The bottom half
of the working face itself had been pulled apart to remove wood waste that could continue to fuel the fire and to
stop the smoldering that had resulted in the smoke that had been hanging in the air on June 1, 2017. The lower
portion of the slope had been regraded and soil had been added to most areas. Mr. Baker stated that he could now
safely maneuver equipment on the working face and finish covering the waste. He added that he was working to
remove a small pile of brush from the middle of the slope in order to finish regrading the slope and complete the
soil cover.

3. 15A NCAC 13B .0566(2) states: “The facility shall only accept those solid wastes which it is permitted to
receive.”

J. Westmoreland, Inc. is in violation of 15A NCAC 13B .0566(2) for accepting construction and demolition
waste, which it is not permitted to accept at the facility.

During the inspection, a pile of construction and demolition debris was observed near the working face. The
debris consisted of tile flooring, metal and plastic. Wet concrete was observed to have been unloaded on the
ground at several spots near the working face at the facility. Wet concrete waste is not considered inert and may
only be accepted if it is unloaded into forms where it may dry and cure without coming into contact with the
ground. A load of painted cement block had been unloaded in the inert debris staging area.

To achieve compliance, J. Westmoreland, Inc. must properly dispose of all unacceptable waste at a facility
permitted to accept such waste, and provide proof of proper disposal by submitting receipts to the Solid
Waste Section from all solid waste facilities where the waste was accepted for disposal. Receipts should be
submitted to: Susan Heim, Environmental Senior Specialist, NCDEQ – Solid Waste Section, 450 W. Hanes
Mill Road – 3rd Floor, Winston-Salem, NC 27105.

LEFT: hardened waste concrete,
wire mesh, scrap metal mixed in
with inert debris near the
southwest end of the working
face.
RIGHT: construction and
demolition material, metal
bollard, plastic observed near the
northern end of the working face.
(These 2 photos were taken by Scotty
Woods, Forsyth Co., 6/1/2017)
View of approach to the working face and soil being pushed
down the slope with facility equipment. (Photo taken by S.
Heim 6-1-2017.)
View of approach to the working face from the edge of the
tipping area looking back to the concrete stockpile. (Photo
taken by S. Heim 6-8-2017.)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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CORRECTIVE MEASURES IN PROGRESS: On June 8, 2017, the unacceptable C&D material had been
removed from the inert debris stockpile and segregated. Mr. Baker stated that he was awaiting instructions as to
how to proceed before disposing of the waste. He added that the wet concrete would be taken up from the spots
where it had been spread on the ground to dry; scrap metal would be separated into a container to be used solely
for that purpose; and, any trash removed from incoming loads would also be separated into a dedicated container
that would be taken to the landfill for disposal.

Requirements for testing painted or treated concrete, block and brick were discussed. The guidance document,
dated July 2015, was provided to Mr. Baker and Ms. Walter for review. Mr. Baker stated that he had been
unaware of the requirements, but that the load observed on June 1, 2017 was the first load received at the facility
since his start with the company on May 1st. He added that Mr. Westmoreland had explained this material was
being tested for lead prior to being accepted for disposal. Mr. Baker and Ms. Walter stated that they would ensure
analysis and documentation was kept on file for any such materials accepted at the facility in the future.

ADDITIONAL COMMENTS

1. This inspection was scheduled as a result of a complaint about a landfill fire at the facility.
2. The facility is a notified land clearing and inert debris (LCID) landfill, permitted to receive land clearing waste,
yard trash, untreated and unpainted wood, uncontaminated soil, inert debris such as unpainted rock, brick,
concrete and concrete block, and used asphalt, in accordance with NCGS 130-294(m).
3. On June 1, 2017, smoke was observed emanating from the working face of the landfill. Mr. Westmoreland
stated that he’d been notified of the fire on Sunday, May 28, 2017, and that he had been working to cover the
face with dirt since then to try to smother the fire. Mr. Westmoreland explained that the fire department was
aware of the situation, and that their main concern was keeping the fire contained in the fill area so that it did
not engage the trees on the north side of the facility. He added that the size of the fire had been reduced
significantly since May 28th, and that he believed only one small area continued to smolder.
4. On June 8, 2017, some smoke was still visible and appeared to be coming from two or three small isolated spots
on the working face. However, the lower portion of the working face had been pulled apart, brush removed and
the grade substantially reduced. Most of the working face was observed to have soil cover.
5. It is recommended that the working face be pulled down to expose any remaining hot spots; adequately
compacted and covered with 6” of clean soil; and, sloped to less than a 3:1 grade so that it can be controlled and
compacted as waste is added. (See Observed Violations section of this report for additional information/)
6. The facility has an approved erosion control plan and is inspected regularly by the Division of Energy, Mineral
and Land Resources (DEMLR). No ponding of water was observed on the site. Due to the fire, the landfill
slopes were being worked on and cover was being added on both inspection dates. Therefore, it was not
possible to determine if erosion is taking place on the slopes of the landfill. The sediment pond appeared to be
functioning properly.
7. The facility is secured by means of a gate. The gate is kept locked when the facility is not open. Berms and
landscaping prevent access to the site other than through the gated entrance. The facility was open at the time of
this inspection.
8. Proper signage was observed at the entry gate.
9. The facility does not use scales. A small attendant office is located directly beyond the entry gate. Incoming
loads stop at the office where the load is evaluated by the attendant who directs the driver to the desired
unloading point. A ticket is written up for the load that includes the type and volume of waste received.

The item(s) 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 necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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10. On June 8, 2017, Ms. Walter provided the tickets and log sheets of incoming and outgoing materials at the site.
These records were reviewed for the period July 1, 2016 through April 30, 2017.
11. On June 8, 2017, Mr. Baker stated that he had talked extensively with Mr. Westmoreland about the landfill
since the initial inspection on June 1, 2017, and they had decided not to landfill any additional material. Instead,
their plan is to convert the facility into a treatment and processing site for wood waste, in addition to the
concrete crushing operation currently underway. Mr. Baker explained that they intend to process all of the
stockpiled material onsite, then to mine the landfill and return the area to original grade.
12. A Land Clearing Debris Treatment and Processing Notification had been filed and approved by the Solid Waste
Section on May 30, 2012. However, Mr. Westmoreland stated that the notification had never been acted upon
and no processing of wood waste has occurred at the facility. Mr. Baker stated that he was unaware of this
notification, but added that he would do whatever was necessary to re-open the notification. The Solid Waste
Section will provide guidance as to the type of permit that will be required for treatment and processing
operations at the facility.
13. The access roadway is of all-weather construction and well maintained.
14. The site is bisected by a Duke Energy transmission line. The right-of-way surrounding the power lines is
delineated at the facility using large blocks molded from waste concrete. All operations take place outside this
right-of-way area.
15. Several inert debris stockpiles, consisting primarily of used concrete and asphalt, were observed throughout the
site. The stockpiles were of a reasonable size, and Mr. Westmoreland explained that inert materials are sorted
based on size and type prior to crushing. He added that crushing usually takes place weekly at the facility.
16. On June 1, 2017, a separate pile of painted concrete block was observed near the working face. Mr.
Westmoreland stated that painted materials are accepted as long as they have been tested for lead paint prior to
being dropped off. Laboratory analysis confirming the testing was not available at the facility, but Mr.
Westmoreland stated records are kept at the main office and he would make them available for review.
17. On June 8, 2017, a report about the painted concrete load was provided by Ms. Walter for review. The Solid
Waste Section’s guidance document for painted materials was also reviewed and compared to the report
document. Ms. Walter and Mr. Baker had several questions pertaining to the testing. For questions concerning
the use of painted material as beneficial fill or for disposal in and LCID landfill, please contact Ervin
Lane, Compliance Hydrogeologist with the Solid Waste Section, at 919-707-8288.
18. On June 8, 2017, the inert debris stockpile had been cleaned up and unacceptable wastes removed. Concrete had
been sheered and crushing operations were observed to be taking place.
19. A large stockpile of land clearing debris was located east of the working face. Mr. Westmoreland explained that
wood waste had been accepted at the facility since 2012, when the Treatment and Processing Notification had
been approved, but that processing operations had not yet been undertaken.
20. Permanent edge of waste markers must be installed at the facility to ensure that waste does not exceed
the designated waste boundaries or the 2-acre size restriction. Should the landfill exceed 2 acres in size, a
full permit must be obtained, as required by 15A NCAC 13B .0563(3)(b).

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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Please contact me if you have any questions or concerns regarding this inspection report.

______________________________________ Phone: [phone]
Susan Heim
Environmental Senior Specialist
Regional Representative

Sent on: June 12, 2017 to
Tom Westmoreland, J.
Westmoreland, Inc.

X Email Hand delivery US Mail Certified No.
[ ]

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
Ming-Tai Chao, Permitting Engineer – Solid Waste Section
Scotty Woods, Environmental Specialist – Forsyth County
Roy Gremmell, Senior Environmental Specialist – Forsyth County
Inert debris stockpile cleared of unacceptable waste, sheared
and ready to crush. Crushing operations were taking place on
June 8, 2017. (Photo taken by S. Heim 6/8/17.)
Upper portion of working face with grade reduced and soil
cover being applied. (Photo taken by S. Heim 6/8/17.)
Approach to working face gently sloped and cleared of debris. (Photos taken by S. Heim 6/8/17.)