1304_INSP_20221207

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined MSWLF X LCID YW Transfer Compost SLAS COUNTY: CABARRUS
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 1304-MSWLF-1992
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: 12/7/22 Date of Last Inspection: 3/30/22
FACILITY NAME AND ADDRESS: BFI-Charlotte Motor Speedway Landfill V 5105 Morehead Road Concord, North Carolina 28027 GPS COORDINATES (decimal degrees): Lat.: 35.35196 Long.: -80.66805 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Tim Ginn, General Manager – Republic Services, Inc. Telephone: [phone]
Email address: [e-mail] FACILITY CONTACT ADDRESS:
Same as above
PARTICIPANTS:
Tim Ginn, General Manager – Republic Services, Inc. Cotton Spry – Republic Services, Inc. Teresa Bradford, DEQ – Solid Waste Section
STATUS OF PERMIT:
A Permit Amendment to the Permit to Construct Phase 4 and the Permit to Operate Phases 1-3 was issued to BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc. on July 20, 2022. In accordance
with N.C.G.S. 130A-294(a2), the Permit is for the life-of-site of the facility which is defined as the period from the initial receipt of solid waste at the facility until the facility reaches its final permitted elevations, which period shall not exceed 60 years. Permit number 1304-MSWLF-1992 was approved to begin waste receipt operations on March 6, 1992,
therefore the Permit shall expire on March 6, 2052. On October 3, 2022, the facility received approval from the Solid Waste Section to operate Phase 3, Cell 2M. PURPOSE OF SITE VISIT: Comprehensive Inspection STATUS OF PAST NOTED VIOLATIONS: None OBSERVED VIOLATIONS:
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, and minimize fires and the generation of odors.” 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 condition of the permit.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Permit to Operate No. 1304-MSWLF-1992, Attachment 1, Part I, General Permit Condition Number 7 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. 1285996) is included in the List of Documents for the Approved Plan. Section 1.3.2 “Cover Requirements” of the approved Operation Plan states in part, “At the end of each operating day, the Owner shall cover disposed solid waste with a minimum 6 inches of earthen material to control disease vectors, fires, odors, blowing litter, and scavenging. However, the Owner may also choose to use alternative daily cover.” During the inspection, inadequate cover was observed on the west facing slope of Phase 3 - Cells 2I, 2J and 2K and on the east facing slope of Phase 3 - Cells 2J and 2K. Therefore, BFI Waste Systems of North America, LLC, a wholly
owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .0203(d).
To achieve compliance, all waste must be covered with a minimum of six inches of earthen material at the conclusion of each operating day. A follow-up inspection well be conducted in 30 days to confirm compliance with this rule. B. 15A North Carolina Administrative Code 13B .1626(11) states: “Windblown waste requirements. 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 disposed of by the owner or operator.” 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 condition of the permit.” Permit to Operate No. 1304-MSWLF-1992, 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. 1285996) is included in the List of Documents for the Approved Plan. Section 2.3 “Dust, Litter, Odors and Vectors” of the approved Operations plan states in part, “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 operations team.” During the inspection, windblown waste was observed on the west facing slope of Phase 3 - Cells 2I, 2J and 2K and on the east facing slope of Phase 3 - Cells 2J and 2K. Therefore, BFI Waste Systems of North America, LLC, a
wholly owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .1626(11) and 15A NCAC 13B .0203(d).
To achieve compliance, all windblown waste must be collected and returned to the working face at the end of each operational day. A follow-up inspection well be conducted in 30 days to confirm compliance with this rule.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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12/7/22: View of windblown waste and exposed waste on the west facing slope of
Cells 2I, 2J and 2K. (Photo by T. Bradford)
12/17/22: View of windblown waste and exposed waste on the east facing slope of Cells 2J/2K.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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ADDITIONAL COMMENTS
1. The facility consists of a MSWLF and a drop-off convenience area for residential waste. 2. The facility is permitted to receive solid waste generated from within the City of Concord, Cabarrus County, the State of North Carolina and the following counties in the State of South Carolina: Cherokee, York, Lancaster, Chesterfield and Chester. 3. Proper signage was observed at the entrance of the facility. 4. A gate is provided at the entrance of the facility to prevent unauthorized access. 5. In conjunction with the inspection, an odor investigation was conducted of the area surrounding the landfill. No
landfill odors were detected outside of the facility boundary. Operations Inspection of the MSWLF: 6. Two working faces were observed during the inspection. One working face, utilizing the tipper, was on top of Phase 3 and the other working face was in Phase 3, Cell 2M. 7. Inadequate cover was observed on the west facing slope of Phase 3 - Cells 2I, 2J and 2K and on the east facing slope
of Phase 3 - Cells 2J and 2K. See Observed Violations Section of this report. 8. Windblown waste was observed on the west facing slope of Phase 3 - Cells 2I, 2J and 2K and on the east facing slope of Phase 3 - Cells 2J and 2K Edge of waste markers were being maintained. See Observed Violations Section of this report. 9. No unacceptable waste was observed. 10. The facility is permitted to use automobile shredder fluff mixed with soil, petroleum contaminated soil, tarps and foundry sand as alternative cover material. 11. Edge of waste markers were being maintained.
12. Access roads were well maintained. 13. The leachate lagoon appeared to have an adequate amount of freeboard. Records Review: 14. Random load inspection records were reviewed. The facility conducts 4 regular waste inspections and 1 special waste inspection per day.
15. Special waste determination and asbestos protocols were reviewed. A random sampling of waste determination records was reviewed. 16. Quarterly methane monitoring was being conducted as required. Records for sampling events performed on 1/11/2022, 6/8/2022 and 8/16/2022 were reviewed. No exceedances above applicable standards were detected. 17. Semiannual groundwater, surface water and leachate monitoring were verified via the Division Document Database. 18. Certified Manager of Landfill Operations Certifications:
• George Spry, Sr. (expires 10/28/2024)
• Mike Gurley (expires 5/11/2025)
• Anthony Reiss (expires 6/9/2025) 19. Certified Landfill Operations Specialist Certifications:
• Dale Shepherd (expires 4/15/2023)
• Charles Sparks (expires 4/19/2023)
• Michael Earnhardt (expires 4/19/2023)
• Kevin Dennis (expires 4/16/2024)
• John Bullock (expires 4/20/2024)
• Dale Rigsby (expires 4/20/2024)
The item(s) 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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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• George Spry, Jr. (expires 5/16/2024)
• James Jacobs (expires 10/19/2024)
• Terry Thomas (expires 12/6/2024)
• Darrail Lovely (expires 3/22/2025)
• Christopher Strawbridge (expires 5/30/2025)
• Joshua Alexander (expires 6/16/2025)
• Reginald Scott (expires 6/16/2025)
• Roman Dowse (expires 6/16/2025)
• James Talley (expires 11/18/2025) Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Teresa N. Bradford Environmental Senior Specialist Regional Representative

Sent on: 12/19/22 X Email Hand delivery US Mail Certified No. [ _]
Copies: Deb Aja, Western District Supervisor – Solid Waste Section Mike Gurley, Environmental Engineer – Solid Waste Section