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Home My WebLink About1304_NOD_20230228North 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 February 28, 2023 CERTIFIED MAIL 7014 2120 0002 7636 4966 RETURN RECEIPT REQUESTED CT Corporation System, Registered Agent BFI Waste Systems of North America, LLC 160 Mine Lake Court Suite 200 Raleigh, North Carolina 27615 SUBJECT: Notice of Deficiency Compliance Inspection Report Charlotte Motor Speedway Landfill V Permit No. 1304-MSWLF-1992 Cabarrus County Dear Registered Agent: On January 27, 2022, Teresa Bradford, Environmental Senior Specialist, 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. Tim Ginn, General Manager, and Cotton Spry with Republic Services, Inc. were present and represented BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, 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, inadequate cover was observed on the western side slope of Phase 3 - Cells 2I, 2J and 2K and on the eastern side 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). 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. 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 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 BFI Waste Systems of North America, LLC Notice of Deficiency Page 2 of 3 February 28, 2023 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 western side slope of Phase 3 - Cells 2I, 2J and 2K and on the eastern side 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 .0203(d). C. 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.” During the inspection, windblown waste was observed on the western slope of Phase 3 - Cells 2I, 2J and 2K and on the eastern 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). D. 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. 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 western side slope of Phase 3 - Cells 2I, 2J and 2K and on the eastern side slope of Phase 3 - Cells 2J and 2K. Therefore, BFI 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 BFI Waste Systems of North America, LLC Notice of Deficiency Page 3 of 3 February 28, 2023 Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., is in violation of 15A NCAC 13B .0203(d). The above violations may have or can compromise the facility’s ability to ensure protection of the public health and the environment and thus require remedial action on behalf of the facility in order to maintain compliance with 15A NCAC 13B .0203(d), 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .1626(11). Based upon the foregoing, BFI Waste Systems of North America, LLC, a wholly owned subsidiary of Republic Services, Inc., shall come into compliance with all requirements of the regulations in 15A NCAC 13B .0203(d), 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .1626(11) 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. 2. Immediately ensure that at the conclusion of each day of operation, all windblown material resulting from the operation is collected and disposed of properly. 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. 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 Deficiency. 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 Mike Gurley, Environmental Engineer – Republic Services, Inc.