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4406_NOV_20231212ROY 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." EQI� 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 izabeth.werner@deq.nc.>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 lee.hill@deq.nc.gov. Sincerely, Dlgltally 1191ed by Lee HIII n —cn= Hill,p Solid Wazte 5­i .—Field Opera,ionz Brancly 0211 mall=2.1217,22 1pncde20v,c=US Da[e:2023.1.20-05'00' 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