The URL can be used to link to this page

Home My WebLink About6301_MooreCountyCDLF_CHRQuestionnaireRequest_FID1390020_20200218.docx_ February 18, 2020 Sent Via Email - David Lambert <dlambert1@moorecountync.gov> Mr. David A. Lambert, J.D., M.P.A Solid Waste Manager Moore County C&DLF Post Office Box 1927 Carthage, NC 28327-1927 Re: Compliance History Review Moore County C&DLF, Permit No. 6301-CDLF-1992 Moore County, North Carolina Dear Mr. Lambert: The Solid Waste Section (Section) received your life-of-site permit to construct application for Moore County construction and demolition debris landfill (CDLF) – Phase 6 on December 20, 2019. In accordance with N.C.G.S. §130A-294(b2) and §130A-295.3, the Section will conduct a review of Moore County’s past compliance history. Please complete the enclosed questionnaire and return by email to ming.chao@ncdenr.gov or send by mail to the address below. Additional follow-up information may be requested. If you have any questions, please contact me at 919-707-8251. Sincerely, Ming-Tai Chao Environmental Engineer Solid Waste Section cc: Susan Heim, DWM Mr. David Lambert CHR- Moore County Permit Nos. 6301-CDLF-1992 February 18, 2020 Page 2 Compliance Review MOORE COUNTY is requested to provide the following information regarding their compliance history. For purposes of the questions below, the phrase “within the past five years,” means five years prior to the date of this request. For each question that is marked with an answer other than “not applicable,” please provide a written, detailed explanation, including how or if the matter has been resolved. A. The following question applies to all of the applicant’s solid waste management (including hazardous waste management) activities. 1. With respect to the applicant’s solid waste management activities, check whether the applicant has been a party to or received any of the following within the past five years. If not applicable, mark “N/A”: __a. Compliance Order with a penalty __b. Compliance order without a penalty __c. Order to cease operating __d. Order to abate public health nuisance [130A-19]; __e. Order to abate imminent hazard [130A-20]; __f. Order to abate nuisance scrap tire site [130A-309.60]). __g. Administrative Consent Agreement or Settlement Agreement (e.g., may involve revised permit conditions) __h. Revocation or suspension of a permit __i. Denial of a permit application for a solid waste management facility __j. Penalty Collection lawsuit (lawsuit to collect an unpaid penalty) __k. Confession of Judgment (for the payment and collection of an unpaid penalty or other monies owed to a special account, such as the scrap tire account or white goods account) __l. Injunctive relief or law suit for injunctive relief __m. Lawsuit for forfeiture of gain (N.C.G.S. §130A-28) __n. Lawsuit for recovery of money (N.C.G.S. §130A-27) __o. State Criminal action- misdemeanor or felony (N.C.G.S. 130A-25; 130A-26.1 and 26.2;14-399 __p. Federal criminal action-misdemeanor or felony Mr. David Lambert CHR- Moore County Permit Nos. 6301-CDLF-1992 February 18, 2020 Page 3 B. [Note: Questions 2 and 3 cover any type of environmental violation.] Check all applicable boxes (ONE MUST BE CHECKED FOR EACH QUESTION). Within the past five years: 2. The applicant has been convicted of, or pled guilty or no contest to, a criminal violation of a statute, regulation, or rule for the protection of the environment or conservation of natural resources. __a. in state court __b. in federal court __c. not applicable 3. A monetary penalty (whether denominated as a civil penalty, an administrative penalty, a judicial penalty, or by some other designation), has been assessed against the applicant for the violation of a state or federal statute, regulation, rule, including a permit condition, or for the protection of the environment or conservation of natural resources. __a. in a state forum __b. in a federal forum __c. not applicable [Note: Questions 4 and 5 will encompass those situations where a solid waste management facility operated in violation of solid waste management statutes/regulations, as well as water quality, including groundwater and surface water, sedimentation and erosion control, and air quality statutes/regulations, among others.] 4. With respect to any solid waste management facility (including hazardous waste management) owned or operated by the applicant, a lawsuit for injunctive relief has been filed against the applicant for the violation of a statute, regulation or rule for the protection of the environment or conservation of natural resources. __a. in state court __b. in federal court __c. not applicable Mr. David Lambert CHR- Moore County Permit Nos. 6301-CDLF-1992 February 18, 2020 Page 4 5. With respect to any solid waste management facility (including hazardous waste management) owned or operated by the applicant, a judgment, or consent judgment, for injunctive relief has been entered against the applicant for the violation of any statute, regulation or rule for the protection of the environment or conservation of natural resources. __a. in state court __b. in federal court __c. not applicable 6. A permit for a solid waste management facility owned or operated by the applicant has been revoked or suspended. __a. in a state forum __b. in a federal forum __c. not applicable 7. An environmental permit for any undertaking other than a solid waste management facility has been revoked or suspended. __a. in a state forum __b. in a federal forum __c. not applicable 8. The applicant submitted a permit application for the proposed ownership or operation of a solid waste management facility that has been denied. __a. in a state forum __b. in a federal forum __c. not applicable 9. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a solid waste management facility without the requisite permit. __a. yes __b. not applicable Mr. David Lambert CHR- Moore County Permit Nos. 6301-CDLF-1992 February 18, 2020 Page 5 10. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a solid waste management facility outside the scope of the permitted activity. __a. yes __b. not applicable 11. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a facility or undertaking other than a solid waste management facility without the requisite environmental permit(s). __a. yes __b. not applicable Mr. David Lambert CHR- Moore County Permit Nos. 6301-CDLF-1992 February 18, 2020 Page 6 The applicant may be requested to provide a written, sworn statement certifying the status of the matter. If the applicant certifies that the applicant is now in compliance, the applicant may be asked to submit proof from the agency having jurisdiction over the violation that the applicant is in the process of correcting or has corrected the violation to the satisfaction of the agency. The applicant will be asked to certify the truth and accuracy of the answers provided to these compliance review questions. I,______________________, hereby certify on behalf of MOORE COUNTY as MOORE COUNTY 's ________________________(title of position with applicant), that I have read the foregoing answers provided to the Compliance Review, that the information and answers contained in the responses to the Compliance Review are true and accurate based on my own knowledge and my review of documents and that I have not omitted any material information or falsified any information contained in the foregoing answers. I further certify that I have the requisite authority vested in me by MOORE COUNTY to bind the _______ (County/City/Town) to the accuracy and completeness of the information provided herein. I am aware that there are significant penalties for making any false statement, representation, or certification including the possibility of a fine and imprisonment. Signature/printed name and title: Attest: __________________________ __________________________ State of ______________________________ County of ____________________________ Sworn and subscribed to before me this the ____ day of __________, 201___. ______________________ Notary Public My Commission expires: SEAL