0403_NOV_20201215

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699

December 15, 2020

CERTIFIED MAIL 7018 0360 0002 2096 5926
RETURN RECEIPT REQUESTED

Corporation Service Company, Registered Agent
Chambers Development of North Carolina, Inc.
Waste Connections of North Carolina, Inc.
2626 Glenwood Avenue, Suite 550
Raleigh, North Carolina 27608

SUBJECT: Notice of Violation
Chambers Development MSW Landfill (Anson County)
Permit No. 0403-MSWLF-2010
Anson County

Dear Registered Agent,

On October 7, 2020, Mr. Tim Basilone, Vice President-Environmental Affairs with American Zinc
Recycling Corporation, notified Deb Aja, Western District Supervisor, Solid Waste Section
(Section), by phone and subsequent electronic correspondence that on September 21, 2020 and
September 22, 2020, approximately 631 tons of gypsum from the American Zinc Products, LLC
facility located in Mooresboro, North Carolina was transported for disposal to the Chambers
Development Landfill (Anson County) prior to receiving TCLP analytical results for a composite
sample. The laboratory analytical results showed that the sample contained a concentration of
cadmium at 1.1 mg/l, which is above the hazardous waste standard of 1.0 mg/l. Repeat testing
of the same sample confirmed the result on October 5, 2020. On October 7, 2020, in a call with
Ms. Aja, Mr. Tyler Fitzgerald, District Manager with Waste Connections, Inc., confirmed that the
631 tons of gypsum waste was disposed of in the northwest corner of Phase 3 of the Chambers
Development Landfill (Anson County).

Therefore, Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste
Connections, Inc. is in violation of the following:

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Chambers Development Anson County Landfill
Notice of Violation
Page 2 of 3
December 15, 2020

A. 15A NCAC 13B .1626(1)(b) states in part, “The following wastes are prohibited from
disposal at a MSWLF unit:
(i) Hazardous waste as defined within 15A NCAC 13A, including hazardous
waste from conditionally exempt small quantity generators.”

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 Operate No. 0403-MSWLF-2010, ATTACHMENT 3, PART I, General Facility
Operation Condition Number 5 states, “The following, at a minimum, must not be
accepted for disposal at the facility: hazardous waste, yard trash, liquid wastes, regulated
medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and
waste banned from disposal in North Carolina by G.S. 130A-309.10(f).”

Based upon the foregoing, Chambers Development of North Carolina, Inc. shall come into
compliance with all requirements of the regulations in 15A NCAC 13B .1626(1)(b) and 15A NCAC
13B .0203(d) by completing the following:

1. Within 30 days of receipt of this Notice of Violation, submit a plan detailing any actions that
will be taken to ensure that hazardous waste is not received at the facility. Submit the plan
to Teresa Bradford at [e-mail].
2. Within 30 days of receipt of the Notice of Violation, submit information detailing the location
of the hazardous gypsum waste within the landfill and an assessment of waste removal
options and the management of the waste. The assessment shall include safeguards to
protect employee health and safety when handling the gypsum waste. Submit the plan and
assessment to Teresa Bradford at [e-mail].
3. Within 30 days of receipt of this Notice of Violation, submit a plan to the Section to assess
any ongoing impacts to leachate including increased monitoring through October 30, 2022.
Submit the plan to Perry Sugg, P.G., Hydrogeologist, at [e-mail]. Once
approved, the plan must be implemented in accordance with the approved plan and within
the approved timeline.
4. To protect public health and the environment, the Division may require future actions or
remedies to correct the violations.

The violations listed above 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.
North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Chambers Development Anson County Landfill
Notice of Violation
Page 3 of 3
December 15, 2020

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.

If you have any questions, please contact me at [phone] or [e-mail].

Sincerely,

Teresa N. Bradford
Environmental Senior Specialist
Division of Waste Management – Solid Waste Section

copies: Ed Mussler, Solid Waste Section Chief
Jason Watkins, Field Operations Branch Head – Solid Waste Section
Sherri Stanley, Permitting Branch Supervisor – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Environmental Program Consultant – Solid Waste Section
Perry Sugg, Hydrogeologist – Solid Waste Section
Brent Burch, Compliance Branch Head – Hazardous Waste Section
Tyler Fitzgerald, District Manager – Waste Connections, Inc.