1304_INSP_20230419

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: 4/19/23 Date of Last Inspection: 1/27/23
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:
Mike Gurley, Environmental Manager – Republic Services, Inc. Ed Mussler, DEQ – Solid Waste Section Sherri Stanly, DEQ – Solid Waste Section
Jason Watkins, DEQ – Solid Waste Section 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:
Follow-up Inspection STATUS OF PAST NOTED VIOLATIONS:
A. 15A North Carolina Administrative Code 13B .1626(2)(b) for failing to adequately cover all disposed waste with six inches of earthen material. Unresolved
B. 15A North Carolina Administrative Code 13B .0203(d) for failing to adequately cover all disposed waste with six inches of earthen material. Unresolved C. 15A North Carolina Administrative Code 13B .1626(11) for failing to collect and return windblown waste to the working face at the end of each operational day. Unresolved
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 6
D. 15A North Carolina Administrative Code 13B .0203(d) for failing to collect and return windblown waste to the working face at the end of each operational day. Unresolved
4/18/23: View of windblown waste and inadequate cover on the eastern side slope of the landfill. (Photo by T. Bradford
4/18/23: Closer view of windblown waste and inadequate cover on the eastern side slope of the landfill. (Photo by T. Bradford)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 6
4/18/23: View of uncovered waste adjacent to the working face on Cell 2M. (Photo by T. Bradford)

4/18/23: View of uncovered waste to the west of the working face on Cell 2M. (Photo by T. Bradford)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 6
4/18/23: View of uncovered waste on side of road leading up to top of the landfill. (Photo by T. Bradford)
OBSERVED VIOLATIONS:
1. 15A North Carolina Administrative Code 13B .1626(2)(b) states in part: “Compaction and cover material requirements. Solid waste shall be managed within the disposal area throughout the life-of-site and post-closure care period to prevent the escape of waste and the attraction of vectors and scavenging,
and to minimize fires and the generation of odors. The owner or operator shall comply with this requirement using the following compaction and cover procedures: (a) The owner or operator shall compact the solid waste.
(b) 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. (c) Alternative materials or an alternative thickness of cover (other than at least six inches of earthen material)
are allowed with prior approval of the Division if the owner or operator demonstrates that the alternative material or thickness prevents the escape of waste and the attraction of vectors and scavenging, and minimizes fires and the generation of odors without presenting a threat to human health and the environment, in
accordance with 40 CFR 258.21. Alternative materials that have been approved for use at any MSWLF by the Division may be used at all MSWLFs in accordance with G.S. 130A-295.6(h1).” Section staff observed numerous areas outside of the active working face where waste was uncovered, either by failure to properly cover initially, failure to maintain cover impacted by equipment movement, and areas where the facility is intentionally removing daily cover to place new waste and then failing to regrade and cover all waste daily.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 6

ADDITIONAL COMMENTS
1. 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. 2. Proper signage was observed at the entrance of the facility. 3. A gate is provided at the entrance of the facility to prevent unauthorized access. 4. Just prior to the landfill inspection, Section staff received an odor complaint from a resident in the Rocky River Crossing neighborhood noting a gas smell believed to be emanating from the landfill. Section staff investigated the complaint and spoke with multiple residents in the area. While no odor was detected by staff in the neighborhood, a potential source of landfill gas odor was detected during the inspection of the landfill and is noted below. 5. A follow-up meeting to discuss the landfill inspection and odor concerns was conducted between Section staff and
Republic Services, Inc. on April 21, 2023. 6. The landfill noted that it had just submitted its response to DAQ’s request for an odor management plan. The Section will work with the facility and DAQ to determine if additional actions are required to be undertaken.
Operations Inspection of the MSWLF: 7. This follow-up inspection was conducted to determine if compliance actions were completed for the violations noted in
the previous inspections on December 7, 2022 and January 27, 2023. During this inspection, additional soil cover was observed to have been added to the western side slope of Phase 3 - Cells 2I, 2J and 2K and the eastern side slope of Phase 3 - Cells 2J and 2K, however, waste was still exposed in some areas on the slopes, particularly on the eastern side slope of Phase 3. Therefore, this violation is unresolved. 8. During this inspection, windblown waste was still observed on the eastern side slope of Phase 3 - Cells 2J and 2K. Workers were observed collecting windblown waste. Therefore, this violation is unresolved. 9. Due to space limitations in the active disposal area of Cell 2M, the facility is operating the tippers at the top of the landfill and pushing waste multiple hundred feet down the side slope to the working face. As discussed on site and in the April 21, 2023, meeting, this is an inefficient method of managing the waste that should be avoided during most times of the operation of a landfill, in that it requires extra equipment and manpower to handle the waste multiple times. Further, it disturbs previously covered portions of the landfill and creates a much larger active area each day than the facility can adequately cover. 10. As noted in the observed violations noted above, initial landfill cover placement and maintenance remain problematic. Failure to prioritize cover operations at the landfill will quickly result in increased enforcement action.
11. Several whole tires were observed to be in or near the working face. Take measures to ensure that unacceptable waste such as tires are removed. 12. During the perimeter inspection of the landfill, a noticeable increase in landfill gas odor was found along the east side
of the landfill in the area of cell 2I. Further investigation by facility staff determined a leachate cleanout was not properly sealed and was the source of the odor. The cleanout was repaired on April 20, 2023 according to facility staff. 13. Aside from the odor noted in #12 above, no additional gas odors were observed during the inspection. Some trash odor was observed in other areas, likely exacerbated by the lack of cover soils. As such, if gas odor had migrated offsite towards the Rocky River Crossing community, this was a probable source. 14. Take measures to ensure that all waste from the truck cleanout area is removed at the end of each operational day, including any windblown waste that has made it onto the adjacent grassed slopes. Mowing operations in this area were occurring and there is concern that if not seen by the mower operators, it could be shredded and blown into other areas. 15. A landfill gas well on the western slope of the landfill was observed leaking condensate onto the ground around the well. According to facility staff, a collar had worked itself loose and it was repaired immediately after the inspection. 16. Edge of waste markers were being maintained. As discussed in the meeting on April 21, 2023, please make sure all staff
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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are clear on what the markers indicate in terms of actual location of liner, waste placement, etc. 17. Initial subgrade soil placement was occurring in future Phase 4. 18. Access roads were well maintained.
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: 4/27/2023 (w/ NOV) Email Hand delivery US Mail X Certified No. [7016 1370 0000 2592 5336 CT Corporation System/7016 1370 0000 2592 5329 Tim Ginn)

Copies: Ed Mussler, Section Chief – Solid Waste Section Sherri Stanley, Permitting Head – Solid Waste Section Jason Watkins, Field Operations - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer - Solid Waste Section Mike Gurley, Facility Environmental Manager - Republic Services
Mark Stanley, Mid-Atlantic Area Environmental Manager – Republic Services