HomeMy WebLinkAbout14_N1004_INSP_20170928FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 1 of 3
UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Caldwell
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N1004
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE
Date of Site Inspection: September 28, 2017 Date of Last Inspection: August 9, 2017
FACILITY NAME AND ADDRESS:
Woodard Enterprises
1435 Old North Road
Lenoir, North Carolina 28645
GPS COORDINATES: N: 35.93430 W: 81.55445
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Charles Woodard, Operator
Telephone: (828) 758-0063 (o) or (828) 234-2396
FACILITY CONTACT ADDRESS:
1155 Advent Circle
Lenoir, North Carolina 28645
PARTICIPANTS:
Charles Gerstell, NCDEQ-Solid Waste Section
Kenneth Teague, Caldwell County Emergency Services
STATUS OF PERMIT:
A Land Clearing and Inert Debris Landfill Notification was filed with the Caldwell County Register of Deeds on May
14, 2017.
PURPOSE OF SITE VISIT:
Comprehensive Inspection
STATUS OF PAST NOTED VIOLATIONS:
15A North Carolina Administrative Code 13B .0566(2) states: “A facility shall only accept those solid wastes which
is permitted to receive.”
During an inspection performed on September 28, 2017, demolition waste consisting of multiple pieces of plywood,
painted wood, painted block, metal, shingles, ceramic tile, insulation, wood paneling, PVC pipe, possible ceiling tiles, a
toilet bowl, a sink, a hot water heater, carpet, drywall, treated lumber, pieces of metal and metal conduit, corrugated
plastic pipe, vinyl siding, and plastic buckets were observed on site. Municipal solid waste such as plastic drinking
bottles, a television, clothing (a sock), blankets, an empty prescription pill bottle, and plastics was also observed. Some
demolition waste on site appeared to have been burned. The aforementioned wastes are unacceptable for disposal in a
Land Clearing and Inert Debris Landfill.
To achieve compliance, Mr. Charles Woodard was required to remove all unacceptable waste streams within 30-days of
receipt of the Notice of Deficiency, and properly dispose of the waste at a solid waste management facility permitted by
the Division of Waste Management.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 3
Inspection of the facility on September 28, 2017, found that it appeared that majority of unacceptable waste streams
observed during the previous inspection had been removed. However, additional unacceptable wastes were observed on
site which consisted of plywood, painted wood, multiple tires, PVC pipe, plastic drinking bottles, multiple pieces of
corrugated plastic pipe. Majority of the remaining unacceptable waste was observed along the southern portion of the
site. As a result of actions taken, the deadline for the Notice of Deficiency will be extended to November 10, 2017
in order to properly remove and dispose of all remaining unacceptable wastes.
OBSERVED VIOLATIONS:
15A North Carolina Administrative Code 13B .0564(9)(b) states: “(9) The facility shall meet the following minimum
buffer requirements: (b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public
buildings, and wells.”
x As noted on the previous inspection report, a review of aerial images and Caldwell County GIS
information indicates that waste activities may have occurred within the 100-foot buffers to the
southern and northern property boundaries.
x During the inspection performed on September 28, 2017, Mr. Woodard confirmed that waste had been
placed over the eastern property boundary onto the Witherspoon property (NCPIN#: 2840441451). He
explained that the owners of the adjacent properties were family, and both wanted their properties filled
in. However, waste placement within the 100-foot buffer to property boundaries is a violation of 15A
NCAC 13B .0564(9)(b). Waste also appeared to be within the 100-foot buffer to an adjacent property
to the north (NCPIN#: 2840347990).
x During the inspection, Mr. Woodard also indicated that waste may have been placed within the 100-
foot buffer to the residential dwelling located at 1435 Old North Road.
x The previous inspection report required that steps be completed to ensure that the 100-foot buffer had
been established between disposed waste and all property boundaries within 60-days of receipt of the
inspection report. This could include, but not be limited to relocating waste to an area not located
within the required buffers.
Mr. Charles Woodard is in violation of 15A NCAC 13B .0564(9)(b) in that waste has been placed within the required
100-foot buffer to property lines.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 3
To achieve compliance, within 30-days of receipt of this inspection report, a written plan of action detailing proposed
steps to reestablish the 100-foot buffer to all property boundaries and residential dwellings along with a timetable to
complete those steps must be submitted to the Solid Waste Section for review. The plan should be sent to:
Charles Gerstell
NCDEQ – Solid Waste Section
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
ADDITIONAL COMMENTS
1. No gate was observed at the entrance to the site during the inspection. Mr. Woodard stated that he would be
installing the gate in the near future.
2. As noted on the previous inspection report, 15A North Carolina Administrative Code 13B .0566(16) requires a
sign be posted at the facility entrance showing the contact name and number in case of an emergency. No sign was
posted at the time of inspection. Please ensure that a sign is posted to ensure compliance with 15A NCAC 13B
.0566(16).
3. Since the last inspection, waste had been graded and majority of the waste had been covered with soil with the
exception of a portion of the side slopes. Please ensure that all waste, to include side slopes, is properly covered
when applying soil cover. Adequate soil cover must be applied monthly, or when the active area reaches one acre
in size, whichever requires first as required by North Carolina Administrative Code 13B .0566(4).
4. As noted on the previous inspection report, edge of waste markers must be provided to clearly delineate the limits
of the landfill area and to ensure that the facility remains within the required footprint of less than 2-acres and
buffers are maintained. This requirement was discussed with Mr. Woodard.
Please contact me if you have any questions or concerns regarding this inspection report.
________________________________________ Phone: (704) 235-2144
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative
Sent on: 10/11/17 Email Hand delivery X US Mail Certified No. [ 7016 1370
0000 2590 1002_]
Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
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.
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of Waste
Management, ou=Solid Waste Section,
email=charles.gerstell@ncdenr.gov, c=US
Date: 2017.10.11 12:04:03 -04'00'