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HomeMy WebLinkAbout0403_NOV_20220912North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 September 12, 2022 CERTIFIED MAIL 7018 0360 0002 2096 7302 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 Compliance Inspection Report Chambers Development MSW Landfill (Anson County) Permit No. 0403-MSWLF-2010 Anson County Dear Registered Agent: On September 1, 2022, Teresa Bradford, Environmental Senior Specialist, and Jason Watkins, Field Operations Branch Head, 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. Blake Balogh, Operations Manager, and Hudson Dennis with Waste Connections Inc. were present and represented Chambers Development of North Carolina, Inc., a wholly owned subsidiary of Waste Connections, Inc., during this inspection. The following new violations were noted: A. 15A North Carolina Administrative Code 13B .1626(2)(b) states, “Except as provided in Sub-Item (c) of this Item, the owners or operators of all MSWLF units shall cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary to prevent the escape of waste and the attraction of vectors and scavenging, and to minimize fires and the generation of odors.” During the inspection, exposed waste was observed around the perimeter of the auto shredder fluff that is used as alternative cover. Exposed waste was also observed around the wind fencing located on the haul road leading to the tippers and working face on the top of Phase 3. Therefore, Chambers Development of North Carolina, Inc., is in violation of 15A NCAC 13B .1626(2)(b) by failing to adequately cover all disposed waste with six inches of earthen material. B. 15A North Carolina Administrative Code 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee shall be considered by the Department to have accepted the conditions of the permit and shall comply with the conditions of the permit. North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 Chambers Development of North Carolina, Inc. Notice of Violation Page 2 of 3 September 12, 2022 Permit to Operate No. 0403-MSWLF-2010, Attachment 1, Part I, General Permit Condition Number 6 states, “Operation of this solid waste management facility shall 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 5.17.2 “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 around the perimeter of the auto shredder fluff that is used as alternative cover. Exposed waste was also observed around the wind fencing located on the haul road leading to the tippers and working face on the top of Phase 3. Therefore, Chambers Development of North Carolina, Inc., is in violation of 15A NCAC 13B .1626(2)(b) by failing to adequately cover all disposed waste with six inches of earthen material. Based upon the foregoing, Chambers Development of North Carolina, Inc. shall come into compliance within with all requirements of the regulations in 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .0203(d) by completing the following: 1. Immediately cover all waste with a minimum of six inches of earthen material or an approved alternative cover material at the conclusion of each operating day. Failure to immediately implement and maintain protocols to ensure all waste is being covered daily by either the rule requirement of six (6) inches of soil, or an approved alternative cover material will result in enforcement action by the Section to include suspension of the use of any or all alternative cover materials, delay in future permit actions, and civil penalty assessment. The violations 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. North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 Chambers Development of North Carolina, Inc. Notice of Violation Page 3 of 3 September 12, 2022 Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the operator has completed the requirements of this Notice of Violation. If you have any questions, please contact me at (704) 235-2160 or e-mail teresa.bradford@ncdenr.gov. Sincerely, Teresa N. Bradford Environmental Senior Specialist Division of Waste Management - Solid Waste Section Copies: Jason Watkins, Field Operations - Solid Waste Section Deb Aja, Western District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer - Solid Waste Section Robert Wall, Division Vice President - Waste Connections, Inc. Tyler Fitzgerald, District Manager - Waste Connections, Inc.