1403_NOV_20231206

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

December 6, 2023

CERTIFIED MAIL 7022 0410 0000 7794 3068
RETURN RECEIPT REQUESTED

Donald E. Duncan, Jr., Caldwell County Manager
Post Office Box 2200
Lenoir, North Carolina 28645

CERTIFIED MAIL 7022 0410 0000 7789 7286
RETURN RECEIPT REQUESTED

CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC d.b.a. Foothills Regional Landfill
160 Mine Lake Court, Suite 200
Raleigh, North Carolina 27615

SUBJECT: Notice of Violation
Compliance Inspection Report
Foothills Regional Landfill
1403-MSWLF-1998
Caldwell County

Dear Mr. Duncan and Registered Agent:

On November 30, 2023, Charles Gerstell and Kim Sue, 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. Mr. Stephen Hunter, Mr. Mitchael
Ogle, and Mr. Don Phelps were present and represented Foothills Regional Landfill during this
inspection. The following 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.”

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.”
• General Permit Condition #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
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Foothills Regional Landfill
Notice of Violation
Page 2 of 3
December 6, 2023

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 Operations Plan (Document/File ID No. 162652) is included in the List of
Documents for the Approved Plan. Section 5, Item A “Landfilling/Operations” of the
approved Operation plan states in part: “Per North Carolina State Regulations, a daily
cover of 6” of compacted soil or an approved alternative daily cover must be placed on top
of the daily landfill operation to protect the landfilled garbage from exposure to rain and
becoming windborne, and to prevent rodent and insect propagation or infestation.”

During the inspection, exposed waste was observed over a large portion of the working face east
of the area actively receiving waste and being compacted. The area of exposed waste measured
approximately 136’ x 220’. Posi-Shell had previously been applied to the waste in approximately
half of this area, however the application was not sufficient to adequately cover the waste. The
remaining area of uncovered waste had little or no Posi-Shell visible. There was no soil cover or
other approved alternate daily cover observed in this area. Mr. Hunter stated waste was last
placed in this area on November 22nd or November 23rd. Mr. Hunter also explained a compactor
had become stuck on the slope during the previous day’s operation on November 29th and had
to be removed by additional facility equipment. Posi-Shell application was especially sparse
within the area where the compactor had been removed. As a result, Caldwell County and
Republic Services of North Carolina, LLC d.b.a Foothills Regional Landfill are in violation of 15A
NCAC 13B .1626(2)(b) and 15A NCAC 13B .0203(d).

Based upon the foregoing, Foothills Regional Landfill shall come into compliance with all requirements
of the regulations in 15A NCAC 13B .1626(2)(a) and 15A NCAC 13B .0203(d) by completing the
following:

1. Cover all waste within the landfill with 6-inches of earthen material or approved alternative cover
material at the conclusion of each operating day.

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
Violation.

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Foothills Regional Landfill
Notice of Violation
Page 3 of 3
December 6, 2023

If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer