HomeMy WebLinkAbout74D_NOD_20161219
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director
19 December 2016
CERTIFIED MAIL: 7016 0910 0000 6560 3473
RETURN RECEIPT REQUESTED
Charles Lewis
ER Lewis Construction Company
PO Box 565
Greenville, NC 27835
SUBJECT: Notice of Deficiency
Compliance Inspection Report
ER Lewis Landfill #2
74D‐LCID‐1994
Pitt County
Dear Mr Lewis:
On 13 December 2016, Ray Williams, 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 Statues and Rules. Mr Kemp Ipock was present
representing ER Lewis Construction Company, Inc. During this inspection, the following items
were noted and/or observed:
A. 15A NCAC 13B .0563 (a) states “The facility is to be operated for the disposal of
land clearing waste, inert debris, untreated wood, and yard trash.”
B. 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed
as specified for the facility.”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: FACILITY
SPECIFIC CONDITIONS (2)(c) states “The disposal unit boundary must be
accurately identified with permanent markers.”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (2) states “This Facility must conform to the operations requirements
of the NC Solid Waste Management Rules, 15A NCAC 13B .0566, and to the
operational plan required by 15A NCAC 13B .0565(4).”
State of North Carolina | Department of Environmental Quality | Division of Waste Management Solid Waste Section
943 Washington Square Mall | Washington, NC 27889
252.948.3955 T | |252.975.3716 F | http://deq.nc.gov/about/divisions/waste-management/solid-waste-section
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (4) states “This facility is permitted to receive land clearing waste;
yard trash; untreated and unpainted wood; uncontaminated soil; inert debris such
as unpainted rock, brick, concrete, and concrete block; and asphalt in accordance
with NCGS 130‐294(m).
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (7) states “The permanent markers that accurately delineate the
waste disposal boundary must be maintained.”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS (8) states “Excavation, grading and fill material side slopes must not
exceed a ratio of three horizontal feet to on vertical feet (3:1).”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Cover Material Requirements (15) states “Solid waste must be
covered with 1 foot of suitable soil cover at least once per month or when the
active working area reaches 1 acre in size, whichever occurs first, or more often
when necessary to prevent the site from becoming a nuisance or to mitigate
conditions associated with fire, windblown materials, vectors or excessive water
infiltration.”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Cover Material Requirements (17) states “Vegetative ground cover
sufficient to control erosion must be established within 30 (thirty) working days
upon completion of any phase of LCID landfill development or as addressed in the
approved Sedimentation and Erosion Control permit.”
‐LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL NO. 1 PERMIT NO. 74‐C
ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: FACILITY SPECIFIC
CONDITIONS Drainage Control and Water Protection Requirements (19) states
“All required sedimentation and erosion control measures must be installed and
maintained to mitigate excessive on‐site erosion and to prevent silt from leaving
the site of the landfill unit during the service life of the facility.”
C. 15A NCAC 13B .0566 (2) states “The facility shall only accept those solid wastes
which it is permitted to receive.”15A NCAC 13B .0566 (4) states “Adequate soil
cover shall be applied monthly, or when the active area reaches one acre in size,
whichever occurs first.”
D. 15A NCAC 13B .0566 (5) states “120 calendar days after completion of any phase
of disposal operations, or upon revocation of a permit, the disposal area shall be
covered with a minimum of one foot of suitable soil cover sloped to allow surface
water runoff in a controlled manner. The Division may require further action in
order to correct any condition which is or may become injurious to the public
health, or a nuisance to the community.”
State of North Carolina | Department of Environmental Quality | Division of Waste Management Solid Waste Section
943 Washington Square Mall | Washington, NC 27889
252.948.3955 T | |252.975.3716 F | http://deq.nc.gov/about/divisions/waste-management/solid-waste-section
E. 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or
devices shall be utilized to prevent silt from leaving the site and to prevent
excessive on site erosion.”
F. 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain
erosion must be accomplished within 30 working days or 120 calendar days upon
completion of any phase of landfill development.”
The above deficiencies 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 achieve compliance with 15A NCAC 13B .0563(a), 15A NCAC 13B .0566 (1), 15A
NCAC 13B .0566 (2), 15A NCAC 13B .0566 (5), 15A NCAC 13B .0566 (6), and 15A NCAC 13B .0566
(7), by 31 January 2017, the facility must complete the following:
1. Remove all unpermitted solid waste and dispose of the waste at a facility permitted by
the Section to receive such wastes. Copies of all disposal weigh tickets must be
maintained and presented for review.
2. Install permanent, highly visible markers which accurately delineate the permitted
waste disposal boundary.
3. Compact, cover, and grade all outside slopes with a minimum of 1 foot of compacted
cover at a slope not greater than 3:1.
4. Seed and mulch all inactive, newly repaired, and newly graded areas to establish a
groundcover sufficient to prevent the erosion of your landfill cap system.
Failure to comply with this schedule may subject the facility and/or all responsible parties to
enforcement actions including a notice of violation, civil penalty, 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. Pursuant to N.C.G.S. 130A‐22(a) and 15A NCAC 13B .0701‐.0707, an administrative
penalty of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Laws,
Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
If you have any questions, please contact me at 252.948.3955 or via e‐mail at:
ray.williams@ncdenr.gov.
Sincerely,
Ray Williams
Environmental Senior Specialist
Solid Waste Section
State of North Carolina | Department of Environmental Quality | Division of Waste Management Solid Waste Section
943 Washington Square Mall | Washington, NC 27889
252.948.3955 T | |252.975.3716 F | http://deq.nc.gov/about/divisions/waste-management/solid-waste-section
cc: Jason Watkins; Field Operations Branch Head/SWS
Andrew Hammonds; Eastern Area Supervisor/SWS
Jessica Montie; Chief Compliance Officer/SWS
John Demary; Director/Pitt County Solid Waste & Recycling