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HomeMy WebLinkAbout1304_NOV_20190404North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 April 4, 2019 CERTIFIED MAIL 7016 1370 0000 2590 0920 RETURN RECEIPT REQUESTED CT Corporation System, Registered Agent BFI Waste Systems of North America, LLC (a wholly owned subsidiary of Republic Services, Inc.) 160 Mine Lake Court, Suite 200 Raleigh, North Carolina 27615 SUBJECT: Notice of Violation Compliance Inspection Report Charlotte Motor Speedway Landfill V 1304-MWSLF-1992 Cabarrus County Dear Sir/Madam: On March 20, 2019, Teresa Bradford, 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. Mr. Mike Gurley, Environmental Engineer, was present and represented Republic Services, Inc. during this inspection. The following violation was noted: A. 15A North Carolina Administrative Code 13B .1626(8)(d) states in part: “Leachate shall be contained within a lined disposal cell or leachate collection and storage system. All leachate shall be treated, as required by the receiving facility, prior to discharge.” During the inspection, leachate from outbreaks on the southwestern side slope of Cell 2H were observed to have flowed into a slope drain which outlets into a ditch line off the lined disposal cell. Charlotte Motor Speedway Landfill V is in violation of 15A NCAC 13B .1626(8)(d) for failing to contain leachate within the lined disposal cell. On March 23, 2019, Mr. Mike Gurley, Environmental Engineer with Republic Services, North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 Charlotte Motor Speedway Landfill V Notice of Violation Page 2 of 3 April 4, 2019 submitted photographs showing that the areas off the lined disposal cell had been repaired. As, directed by Ms. Bradford, Mr. Gurley has contacted Jackie Drummond, Hydrogeologist with the Solid Waste Section, regarding a soil sampling plan to access the impact of the leachate release. Based upon the foregoing, Charlotte Motor Speedway Landfill V shall come into compliance with all requirements of the regulations in 15A NCAC 13B .1626(8)(d) by completing the following: 1. Immediately ensure all leachate outbreaks are repaired. 2. Immediately implement the soil sampling plan as discussed with Ms. Jackie Drummond, Hydrogeologist with the Solid Waste Section, and submit analytical results as required. Additional measures may be required pending the results. 3. Ensure all impacted soils are removed and disposed of in the MSWLF. Charlotte Motor Speedway Landfill V shall provide a written certification with supporting documentation on company letterhead confirming the noted compliance schedule has been completed. Include in this certification any actions taken to prevent these violations from occurring in the future. E-mail this certification to Teresa Bradford at teresa.bradford@ncdenr.gov. The violation listed above was 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the facility has completed the requirements of this Notice of Violation. North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 Charlotte Motor Speedway Landfill V Notice of Violation Page 3 of 3 April 4, 2019 If you have any questions, please contact me at (704) 235-2160 or e-mail at teresa.bradford@ncdenr.gov . Sincerely, Teresa N. Bradford 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, Environmental Program Consultant – Solid Waste Section Rob LaTourette, General Manager, Charlotte North – Republic Services, Inc. Mike Gurley, Environmental Engineer – Republic Services, Inc.