74D_INSP_20170202

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Pitt
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: 74D-LCID-1994
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Inspection: 2 February 2017 Date of Last Inspection: 13 December 2016

FACILITY NAME AND ADDRESS:
ER Lewis LCID Landfill #2
3034 Highway 33
Greenville, NC

GPS COORDINATES: N: 35.684294 E: -077.427102

FACILITY CONTACT NAME AND PHONE NUMBER:
Charles Lewis; Chief Financial Officer
252.321.1101

FACILITY CONTACT ADDRESS:
ER Lewis Construction Company
PO Box 565
Greenville, NC 27835
Attn: Charles Lewis
E-mail: [e-mail]

PARTICIPANTS:
Kemp Ipock; ER Lewis Construction Company
Andrew Hammonds; NCDEQ-Solid Waste
Ray Williams; NCDEQ-Solid Waste

STATUS OF PERMIT:
Expired; Permit to Construct (PTC) and Permit to Operate (PTO) a Landclearing and Inert Debris Landfill issued 1
September 2010. PTO expired 1 September 2015. *A complete permit review request for the next five-year phase of
construction and/or operations was due on or before 15 May 2015. A permit review request has been submitted and is
currently under review.

PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection

STATUS OF PAST NOTED VIOLATIONS:
1) 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.” UNRESOLVED: Unpermitted waste materials including treated
wood, scrap tires, plastic, synthetic wood products, and metal were observed disposed in the landfill.
2) 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.” RESOLVED: Markers have been installed identifying the disposal unit boundary.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74D_INSP_20170202
Page 2 of 5

-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).” UNRESOLVED: This Facility is not operating in compliance with the approved operational plan.
-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). UNRESOLVED: Unpermitted waste materials
including treated wood, scrap tires, plastic, synthetic wood products, and metal were observed disposed in the
landfill.
-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.” RESOLVED: Markers have been installed identifying the disposal unit boundary.
-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).” UNRESOLVED: Portions of the outside slopes of the landfill have
been constructed and are being maintained at a ratio greater than 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.”
UNRESOLVED: Solid waste disposed in this landfill is not being covered with one foot of suitable soil
cover at least once per month or when the active working area reaches 1 acre in size.
-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.” UNRESOLVED:
Vegetative ground cover sufficient to control erosion has not been established on the outside slopes or in
completed development phases of the landfill.
-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.”
UNRESOLVED: The sedimentation and erosion control measures required to mitigate excessive on-site
erosion have not been installed and maintained.
3) 15A NCAC 13B .0566 (2) states “The facility shall only accept those solid wastes which it is permitted to
receive.” UNRESOLVED: Unpermitted waste materials including treated wood, scrap tires, plastic, synthetic
wood products, and metal were observed disposed in the landfill.
4) 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.” UNRESOLVED: Solid waste disposed in this landfill is not being
covered with one foot of suitable soil cover at least once per month or when the active working area reaches 1
acre in size.
5) 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
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74D_INSP_20170202
Page 3 of 5

correct any condition which is or may become injurious to the public health, or a nuisance to the community.”
UNRESOLVED: The completed phases of disposal operations have not been covered and sloped properly to
allow surface water runoff in a controlled manner.
6) 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.” UNRESOLVED: Adequate
erosion control measures have not been utilized to prevent excessive on site erosion.”
7) 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.” UNRESOLVED: Vegetative ground cover sufficient to control erosion has not been
established on the outside slopes or in completed development phases of the landfill.

Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above.

ADDITIONAL COMMENTS:
1) This Facility is a Land Clearing and Inert Debris (LCID) Landfill.
2) This Facility is recorded with the Pitt County Register of Deeds at Book #460; Page #05.
3) This Facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood,
uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt
in accordance with NCGS 130-294(m).
4) This Facility is permitted to receive wastes generated within Pitt County.
5) The operating hours for this Facility are Monday through Friday from 8:00 AM to 5:00 PM.
6) The Facility is secured by means of a locked gate at the Facility entrance. The access gate was open upon my
arrival and an attendant was on-site during this Facility Compliance Inspection.
7) Proper signage has been posted at the Facility entrance.
8) The Facility access road is of all-weather construction and is being maintained in overall good condition at
this time.
9) Inert materials consisting of scrap concrete and asphalt are being stockpiled on-site in an area adjacent to the
landfill for later crushing and reuse in accordance with NC GS 130A-309.05. *Please note that the State rules
regarding recovered materials state that for a material to qualify as a recovered material, the majority of the
material (75% or more) must be sold, used, or re-used within twelve months.
10) This Facility maintains a separate cell adjacent to the LCID for the disposal of yard trash.
11) Permanent, highly-visible markers delineating the permitted waste disposal boundary have been installed as
required.
12) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213), this
Facility is currently operating with more than one active working face. The active working area appears to
have exceeded 1 acre in size. *By 31 March 2017, compact and cover the active working area and ensure that
the facility maintains only one active working area. The active working face is restricted to the smallest
feasible area, compacted as densely as practical into cells, and sloped to ensure drainage of all surface waters
away from the waste disposal area.
13) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213), the
active working area does not appear to be on a minimum of a monthly cover schedule. *By 31 March 2017,
ensure that all waste is covered with one foot of suitable soil monthly, or when the active working area
reaches one acre in size, whichever comes 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.
14) The waste type at the landfill working face was reviewed during this Facility Compliance Inspection;
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
74D_INSP_20170202
Page 4 of 5

generally, the waste type being disposed is LCID only, however, unpermitted waste consisting of plastic,
metal, scrap tires, and other miscellaneous Municipal Solid Waste (MSW) type litter consisting of plastic
drink bottles, food containers, wrappers, and bags was observed mixed in with loads of LCID waste. *By 31
March 2017, collect all unpermitted wastes and transport them to a Facility permitted by the State to receive
such wastes for proper disposal.
15) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213), The
majority of the outside slopes of the top lift were observed to be lacking in sufficient cover crop and minor
erosion was observed in these areas. *Please grade, seed, and mulch all areas lacking in sufficient cover to
establish a groundcover suitable to prevent erosion of your landfill cap system. Please monitor all repaired
areas to ensure a cover crop suitable to prevent erosion of your landfill cap system is established and
maintained on all outside slopes and inactive areas of the landfill.
16) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213),
erosion was observed in various areas on the outside slopes throughout the landfill. This erosion was observed
to begin at the top lift of the landfill and continuing down the outside slope to the toe. *By 31 March 2017,
repair these areas by filling and grading at a slope not greater than 3:1. After repairing the erosion, please seed
and mulch the areas to establish a groundcover suitable to prevent erosion of your landfill cap system.
17) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213), the
majority of the landfill sideslopes appear to be a graded at a slope greater than 3:1. *By 31 March 2017, any
outside slopes exceeding the 3:1 standard need to be re-graded and maintained at a slope not exceeding 3:1.
18) As noted in the previous Facility Compliance Inspection Report (please see FCIR 74D_INSP_20161213),
brush, small trees, and other woody vegetation were observed growing in several areas on the outside slopes
of the landfill. *By 31 March 2017, remove all small trees and other woody vegetation growing on the landfill
and maintain a cover crop suitable to prevent erosion of your landfill cap system.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74D_INSP_20170202
Page 5 of 5

19) *Corrective actions are required as a result of this Facility Compliance Inspection.

Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.

Ray Williams; Environmental Senior Specialist Phone: [phone] E-mail: [e-mail] Regional Representative

Delivered on: 16 February 2017 by Electronic delivery US Mail X Certified No. [7016 0910 0000
6560 4395]

cc: Andrew Hammonds; Eastern District Supervisor/SWS: [e-mail]
Jessica Montie; Chief Compliance Officer/SWS: [e-mail]
John Demary; Director/Pitt County Solid Waste & Recycling: [e-mail]

C: \2017\Pitt\Facilities\74D\Inspections\74D_INSP_20170202
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