0403_CORR_20210507

Waste Connections - Eastern Region | 265 Brookview Centre, Suite 205 | Knoxville, TN 37922 | Tel [phone]
www.wasteconnections.com

May 7, 2021

Ms. Teresa N. Bradford
North Carolina Department of Environmental Quality
Division of Waste Management - Solid Waste Section
Mooresville Regional Office
610 East Center Avenue, Ste. 301
Mooresville, North Carolina 28115

RE: Response to Notice of Violation Issued on April 28, 2021
Chambers Development MSW Landfill, Permit No. 0403-MSWLF-2010
Anson County, North Carolina

Dear Ms. Bradford:

On behalf of Chambers Development of North Carolina, Inc. (CDNC), this letter serves as the response to the
Notice of Violation (NOV) issued by the North Carolina Department of Environmental Quality (NCDEQ) on
April 28, 2021. The NOV was based on a compliance inspection completed by NCDEQ staff on March 24,
2021 at the Chambers Development MSW Landfill (Anson County Landfill), and it identified three alleged
violations.

In addition, the NOV stated the following conditions:
1. Within 30 days of receipt of the NOV, implement all measures necessary to control odors at the
facility in accordance with the approved operations plan.
2. Within 10 days of receipt of the NOV, all waste must be covered with a minimum of 6 inches of
earthen material or an approved alternative cover material at the conclusion of each operating day.
Areas which will not have additional waste placed on them for 12 months or more, but where final
termination of disposal operations has not occurred, shall be covered with a minimum of one foot of
intermediate cover.
3. Within 10 days of receipt of the NOV, all windblown waste must be collected and returned to the
active working area.
In accordance with this request, CDNC provides the following responses (the text of the alleged violations is
presented below verbatim in bolded text, and CDNC’s response is provided below each item in regular text):

Ms. Bradford
May 7, 2021
Page 2 of 5

Allegation #1
15A North Carolina Administrative Code 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 condition of the permit.”

Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6
states, “Construction and operation of this solid waste management facility must be in accordance with the
Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina
General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan.
Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence
unless specifically addressed by permit condition. Failure to comply may result in compliance action or
permit revocation.”

The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the
Approved Plan. Section 5.7 Dust, Odor and Vector Control” of the approved Operation Plan states in part,
“Odor Control- Odors shall be controlled in accordance with the state regulations [as] well as by the
provisions of the Agreement relating to the reporting, monitoring, and necessary corrective actions to be
taken. If any particular odorous wastes are received, the wastes will be covered with sufficient material to
minimize the odor. The Landfill will employ appropriate waste compaction and covering techniques to
minimize the potential for odors related to the working face. This includes the timely placement of daily
cover, placing cover quickly over odorous loads and the spreading of lime or other odor neutralizing agents
on areas of the landfill that may exhibit odors. Odor neutralizing mists may be employed as well.”

During the inspection, strong landfill gas odor and sludge type odors were detected along Highway 74
approximately 0.5 miles both east and west of the landfill entrance road (Dozer Road). The wind direction
at the time of the inspection was from the direction of the landfill. No other odors were detected in areas
surrounding the landfill. Therefore, Chambers Development of North Carolina, Inc., a wholly owned
subsidiary of Waste Connections, Inc., is in violation of 15A NCAC 13B .0203(d) by failing to control
odors.

Response #1
CDNC respectfully submits that no violation occurred with regard to this allegation and that the facility has
been operated in compliance with the cited regulations. To control odors generated from landfill gas, CDNC
installed an active landfill gas collection and control system (GCCS) at the Anson County Landfill in 2007.
CDNC has been diligent in expanding the GCCS as needed to coincide with the increasing development of the
landfill disposal operations. In December 2020, 5 new landfill gas extraction wells were installed bringing the
total count of landfill gas extraction wells to 55. An additional 8 landfill gas extraction wells are scheduled to
be added to the GCCS in May 2021. It is anticipated the project will be completed within 3 weeks after its
start, but this will be dependent on weather conditions that would make it unsafe to complete as the project,
including lightning and wet slope conditions after rain events.

Regarding the sewage sludge odors, as the sludge materials enters the Anson County Landfill, the facility
immediately buries the sewage sludge with the in-coming municipal solid waste and is not stockpiled on site
Ms. Bradford
May 7, 2021
Page 3 of 5

to be disposed of at a later date. This waste is transported to the landfill by third-party haulers not under
CDNC’s employment. CDNC cannot control the transport operations of the sludge haulers outside of the
Anson County Landfill’s property limits. If the hauler stops at a nearby convenience store or parks along a
roadway, that is the prerogative of the third-party hauler.

Attachment 1 contains the proposed locations of the 8 new landfill gas extraction wells.

Allegation #2
15A North Carolina Administrative Code 13B .1626(2)(a) states, “Except as provided in Sub-item (b) of this
item, the owner or operators of all MSWLF units must cover disposed waste with six inches of earthen
material at the end of each operating day or at more frequent intervals if necessary, to control disease
vectors, fires, odors, blowing litter, and scavenging.”

During the inspection, exposed waste was observed along the haul road leading to the active working area.
Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers
Development of North Carolina, Inc. a wholly owned subsidiary of Waste Connections, Inc., is in violation
of 15A NCAC 13B .1626(2)(a) by failing to adequately cover all disposed waste with six inches of earthen
material.

Response #2
CDNC took immediate action with on-site personnel and equipment to address the issues noted in NCDEQ’s
inspection. As stated in the March 25th inspection report, photographs demonstrating these areas had been
corrected were sent to NCDEQ on the same day as the inspection.
CDNC would like to make one point of clarification. The CDNC is approved to utilize alternative daily cover
at the facility; therefore, a daily soil cover is not required at the end of each operating day as stated above, but
at a minimum of one time per week in accordance with Rule .1626(2).

To verify continued compliance with the cover requirements, CDNC has contracted Burr Grading, Inc. (Burr)
based out of Lilesville, North Carolina to provide additional heavy equipment and operators to assist the
landfill with placing of additional interim cover as needed. To date, CDNC has spent $95,475 with Burr for
this effort.

Additional photographs of various locations on the east and north slopes are provided in Attachment 2.

Allegation #3
15A North Carolina Administrative Code 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 condition of the permit.”

Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6
states, “Construction and operation of this solid waste management facility must be in accordance with the
Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina
General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan.
Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence
Ms. Bradford
May 7, 2021
Page 4 of 5

unless specifically addressed by permit condition. Failure to comply may result in compliance action or
permit revocation.”

The approved Operation Plan (Doc. ID. No. 1086505) is included in the List of Documents for the
Approved Plan. Section 5.17.2 “Daily Cover” of the approved Operation Plan states in part, “Daily Cover
comprised of 6 inches of compacted soil or other approved alternative material will be placed on the
working face and other exposed waste at the end of each operating day. If conditions warrant (such as
adverse weather or excessive wind), daily cover will be applied at more frequent intervals. Daily cover will
also serve as a firebreak.”

During the inspection, exposed waste was observed along the haul road leading to the active working area.
Inadequate cover was also observed on the eastern side slope of the landfill. Therefore, Chambers
Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation
of 15A NCAC 13B .0203(d) by failing to adequately cover all disposed waste with six inches of earthen
material.

Response #3
Same response as Allegation #2.

Allegation #4
15A North Carolina Administrative Code 13B .1626(11)(c) states, “Methods such as fencing and diking
shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion
of each day of operation, all windblown material resulting from the operation shall be collected and
returned to the area by the owner or operator.”

During the inspection, windblown waste was observed on the eastern side slope of the landfill. A past noted
violation was observed on January 30, 2020 for this same area. Therefore, Chambers Development of
North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., is in violation of 15A NCAC
13B .1626(11)(c) for failing to collect and properly dispose of windblown material at the conclusion of each
day of operation.

Response #4
CDNC uses various degrees of fencing to help mitigate windblown litter from disposal operations at the
facility. In the active disposal area, the facility employs the use of portable windscreens, which are moved to
compliment the changing wind directions. In addition, the facility has installed wire fencing on portions of
the landfill footprint to catch windblown litter.

Windblown litter collection is a daily process at the landfill. This is completed by either landfill personnel or
third-party laborers that are hired for this sole purpose.

If you have any questions or need additional information, please feel free to contact Mr. Tyler Fitzgerald at the
Anson County Landfill or me. My contact information is [phone] or [e-mail].

Ms. Bradford
May 7, 2021
Page 5 of 5

Sincerely,
Waste Connections

Matt Crockett
Region Engineer

cc: Mr. Tyler Fitzgerald, Chambers Development of North Carolina, Inc.(via email)

Attachments Anson Landfill 2021 GCCS Construction Site Plan
Pictures of Locations in the East and North Slopes

ATTACHEMENT 1

ANSON LANDFILL 2021 GCCS CONSTRUCTION SITE PLAN

ATTACHEMENT 2

PICTURES OF LOCATIONS IN THE EAST AND NORTH SLOPES

Picture 1 – Recovered eastern slope where inadequate cover was observed.

Picture 2 – Recovered eastern slope where inadequate cover was observed.

Picture 3 – Recovered eastern slope where inadequate cover was observed.

Picture 4 – Recovered northern slope where exposed trash was observed.

Picture 5 – Recovered northern slope where exposed trash was observed.