4406_NOV_20231212

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
December 12, 2023
CERTIFIED MAIL 7022 2410 0003 1437 1832
RETURN RECEIPT REQUESTED
Blue Ridge Paper Products LLC
2626 Glenwood Ave Ste 550
Raleigh, NC 27608
SUBJECT: Notice of Violation
Compliance Inspection Report
Landfill No. 6
4406-I N DUS-1984
Haywood County
Dear Sir or Madam,
On December 5, 2023, Lee Hill, 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. Tracy Willis was present and represented Blue Ridge Paper Products LLC during this
inspection. The following violations were noted:
A. 15A NCAC 13B .0505(a)(5)(C) states: "Leachate shall be contained on site or treated prior to discharge.
A National Pollutant Discharge Elimination System (NPDES) permit issued by the Department of
Environmental Quality, Division of Water Resources in accordance with 15A NCAC 02B may be required
prior to the discharge of leachate to surface waters."
On the afternoon of December 4, 2023, Charles Howell, with Pactiv Evergreen called to report a release
of leachate from the Landfill No. 6 leachate ponds. Mr. Howell stated that the western most leachate
pond had overflowed. Mr. Howell stated that they did not know how long or how much leachate had
been discharged into the environment. A field inspection was conducted with Tracy Willis on December
5, 2023. Mr. Willis stated that he had been called to the site on Monday morning due to a report of a
leachate release. Mr. Willis stated that upon arriving to the site, the high-level alarm was activated and
that both leachate pumps were in the off position and were not pumping leachate. During the inspection,
two areas where leachate overtopped the western most pond were observed. One area was
approximately 40 feet wide, and the other area was approximately 24 feet wide. The ground was
saturated in these areas. Gray staining/residue was observed on the ground.
B. 15A NCAC 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 4406-INDUS-1984, ATTACHMENT I, PART I GENERAL PERMIT CONDITIONS, 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."
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Dvpemrmrtvl Enn.vnmenW� Owl
North Carolina Department of Environmental Quality I Division of Waste Management
2090 U.S Hwy 70 1 Swannanoa, North Carolina 28778
828.296.4500

Blue Ridge Paper Products LLC
Landfill No. 6
Notice of Violation
Page 2 of 3
December 12, 2023
The approved Operations Plan (File ID No. 1795867), Operations and Maintenance Manual Landfill
No. 6 -Area D and Area E, 4.4, Leachate Flow Control states: "The leachate transport piping system
between the Landfill and the wastewater treatment plant is designed with gate valves to control the
flow if necessary. The following scenarios are described with the proper actions to be taken.
The leachate transport system includes a lift station with the capacity to handle and pump up to 200
gpm of leachate flow. If this capacity is exceeded, the leachate flow in excess of 200 gpm will be
directed to the leachate storage ponds. There are no actions required by the Landfill Operator for this
scenario. Once the flow falls below 200 gpm, the ponds will begin to empty.
In the event the leachate transport pipe from the lift station to the treatment plant develops a leak,
pipe break, blockage, or the pump station needs maintenance, the transport pipeline can be shut off.
A gate valve located on the outlet of the pond can be closed thereby allowing the ponds to fill.
Leachate flow will then be temporarily stored in the leachate storage ponds while the problem is
solved."
During the field inspection conducted with Tracy Willis on December 5, 2023. Mr. Willis stated that he
had been called to the site on Monday morning due to the leachate release. Mr. Willis stated that
upon arriving to the site, the high-level alarm was activated and that both leachate pumps were in the
off position and not pumping leachate.
Based upon the foregoing, Blue Ridge Paper Products LLC shall come into compliance within ten (10) days of
receipt of this Notice of Violation with all requirements of the regulations in 15A NCAC 13B .0505(a)(5)(C) and
15A NCAC 13B .0203(d) by completing the following:
1. Blue Ridge Paper Products LLC shall contact Elizabeth Werner, Hydrogeologist to determine the
requirements for a soil sampling plan to determine the impact of the leachate release. Pending the
laboratory analytical results, additional measures may be required.
Elizabeth Werner, Hydrogeologist
NCDEQ-Division of Waste Management
919-707-8253
el [e-mail].>rov
2. Blue Ridge Paper Products LLC must operate the leachate collection in accordance with the
"Operations and Maintenance Manual Landfill No. 6 -Area D and Area E, 4.4, Leachate Flow Control".
3. The facility shall implement a procedure to inform the relevant personnel in a timely manner of a
pump failure or that the pumps have been turned off. This procedure shall be submitted to Elizabeth
Werner, Hydrogeologist.
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
North Carolina Department of Environmental Quality I Division of Waste Management
��D_EQ� 2090 U.S Hwy 70 1 Swannanoa, North Carolina 28778
xwr� o ,m 828.296.4500

Blue Ridge Paper Products LLC
Landfill No. 6
Notice of Violation
Page 3 of 3
December 12, 2023
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.
If you have any questions, please contact me at 828-296-4700 or e-mail [e-mail].
Sincerely,
Dlgltally 1191ed by Lee HIII
n —cn= Hill,p Solid Wazte
5­i .—Field Opera,ionz
Brancly
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Lee Hill
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
Charles Howell, Pactiv Evergreen
North Carolina Department of Environmental Quality I Division of Waste Management
2090 U.S Hwy 70 1 Swannanoa, North Carolina 28778
828.296.4500