8106_INSP_20170124

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 6

UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: Rutherford
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 8106-INDUS-2009
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill X DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: January 24, 2017 Date of Last Inspection: June 21, 2016

FACILITY NAME AND ADDRESS:
Rogers CCP Landfill
James E Rogers Energy Complex (Formerly Cliffside Steam Station)
573 Duke Power Road
Mooresboro, N.C. 28114
[phone]

GPS COORDINATES: N: 35.20534 W: -81.76547

FACILITY CONTACT NAME AND PHONE NUMBER:
Jessica Snyder, 309-824-1904 (o), [e-mail]

Ryan Czop, 980-373-2779, [e-mail]

FACILITY CONTACT ADDRESS:
Same as above

PARTICIPANTS:
Shawn McKee – NCDEQ, Solid Waste Section
Larry Frost - NCDEQ, Solid Waste Section
Jessica Snyder - Duke Energy
Ryan Czop - Duke Energy
Scott Nordgren - Duke Energy
Steve Hodges - Duke Energy
Brian Kemp - Duke Energy

STATUS OF PERMIT:
Permit to Construct, Phase I, issued 6/4/2009
Permit to Operate, Phase I, issued 9/7/2012
Permit to Construct, Phase II, issued 9/17/2012
Permit to Construct, Phase II modification, issued 3/19/2014
The Permit to Operate, Phase II, Modification issued June 13, 2016 shall expire September 7, 2020

PURPOSE OF SITE VISIT:
Partial Site Inspection

STATUS OF PAST NOTED VIOLATIONS:
None.

OBSERVED VIOLATIONS:
15A NCAC 13B .0505(7) (c) Leachate shall be contained on site or properly treated prior to discharge. An
NPDES permit may be required prior to the discharge of leachate to surface waters.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 2

15A NCAC 13B .0101 (24) "Leachate" means any liquid, including any suspended components in liquid,
that has percolated through or drained from solid waste.

A discharge of untreated leachate occurred on January 3, 2017 from Phase I of the landfill.

At approximately 3am on January 3, 2017, a temporary earthen berm place at the northeast corner of the active
area of Phase I, breached. The temporary berm was reportedly created on December 30, 2016 to block any
potential leachate runoff during a possible rain event forecast for the upcoming 3-day holiday weekend because
the northeast corner of the active area was not properly graded towards the chimney drain and leachate
collection system.

An estimated 1.5 inches of rain was received at the facility between January 1, 2017 and January 3, 2017.
When the berm breached leachate that had accumulated in northeast corner of the active area of Phase I traveled
down the exit haul road, into a contact water collection pond at the toe of Phase I, a storm water sediment basin
within the footprint of future Phase III, but the majority of the water flowed into a sediment collection basin on
the south side of the access road (identified as Sediment Basin 2). The discharge was stopped by 9am on
January 3, 2017.

According to the January 10, 2017 report from Duke Energy to NCDEQ Division of Water Resources (DWR),
Rogers Energy Complex (Cliffside Steam Station) NPDES Permit No NC0005088, Notification of Storm Water
Discharge From Landfill: “An estimated 1,140 to 2,860 gallons of ash landfill contact water was released from
Sediment Basin SB-2 which discharges to Suck Creek.” Suck Creek is approximately 900 feet from the basin
outfall. The inspection made by NCDEQ DWR staff on January 3, 2017 indicated that ash was not visually
observed in the drainage ditch leading to the creek. Water samples were taken by Duke Energy staff on the
morning of January 3, 2017 and were analyzed for metals. Sampling results were reported to NCDEQ DWR
and shared with the Solid Waste Section.

The additional following measures were completed by January 10, 2017:
 Leachate was pumped from the impacted storm water basins (SB-2 and the Phase III non-contact
storm water sediment basin) into the leachate collection system.
 Ash deposits were removed from the impacted storm water basins and storm drains.
 Phase I has been regraded to ensure drainage towards the chimney drains and the leachate
collection system.
 The impacted storm water basins have been restored to their permitted designs.

Landfill staff should ensure that the active areas of the landfill are graded towards the chimney drains
and leachate collection system. Based on observations made during the January 24, 2017 inspection,
appropriate measures have been taken to prevent a future leachate discharge. Resolved.

Operations Plan 2.3.3 Leachate Spill Procedures - “In the event of a breakout, leak or pipe failure, Duke 
Energy staff will immediately (within 24 hours) verbally notify the Division [of Waste Management]…   
Duke Energy staff shall speak directly with an NCDEQ SWS individual.” 

Duke Energy did not notify the Solid Waste Section within 24 hours of the incident.  In the event of a future 
leachate spill, notification must be made to the Solid Waste Section within 24 hours.   

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 3

ADDITIONAL COMMENTS
The facility is an industrial landfill permitted to receive "Coal combustion residuals" including (but not limited to) fly
ash, bottom ash, boiler slag, mill rejects, and flue gas desulfurization residue produced by a coal-fired generating unit
destined for disposal generated by any and all Duke Energy Corporation facilities, as well as geotextiles used in the
management of coal combustion products, and vacuum truck waste. The Permit to Operate shall expire September 7,
2020. A request for permit review has been submitted to the Section.

1) The facility permit, site plan, and operations plan were discussed during the inspection.

2) The facility is operated by Charah, Inc. which is responsible for hauling materials to the landfill, daily
operations of the landfill, and conducting other associated activities.

3) A discharge of untreated leachate occurred on January 3, 2017 from Phase I of the landfill.

At approximately 3am on January 3, 2017, a temporary earthen berm place at the northeast corner of the
active area of Phase I, breached. The temporary berm was reportedly created on December 30, 2016 to
block any potential leachate runoff during a possible rain event forecast for the upcoming 3-day holiday
weekend because the northeast corner of the active area was not properly graded towards the chimney
drain and leachate collection system.

An estimated 1.5 inches of rain was received at the facility between January 1, 2017 and January 3,
2017. When the berm breached leachate that had accumulated in northeast corner of the active area of
Phase I traveled down the exit haul road, into a contact water collection pond at the toe of Phase I, a
storm water sediment basin within the footprint of future Phase III, but the majority of the water flowed
into a sediment collection basin on the south side of the access road (identified as Sediment Basin 2).
The discharge was stopped by 9am on January 3, 2017.

According to the January 10, 2017 report from Duke Energy to NCDEQ Division of Water Resources
(DWR), Rogers Energy Complex (Cliffside Steam Station) NPDES Permit No NC0005088, Notification
of Storm Water Discharge From Landfill: “An estimated 1,140 to 2,860 gallons of ash landfill contact
water was released from Sediment Basin SB-2 which discharges to Suck Creek.” Suck Creek is
approximately 900 feet from the basin outfall. The inspection made by NCDEQ DWR staff on January
3, 2017 indicated that ash was not visually observed in the drainage ditch leading to the creek. Water
samples were taken by Duke Energy staff on the morning of January 3, 2017 and were analyzed for
metals. Sampling results were reported to NCDEQ DWR and shared with the Solid Waste Section.

The additional following measures were completed by January 10, 2017:
 Leachate was pumped from the impacted storm water basins (SB-2 and the Phase III non-contact
storm water sediment basin) into the leachate collection system.
 Ash deposits were removed from the impacted storm water basins and storm drains.
 Phase I has been regraded to ensure drainage towards the chimney drains and the leachate
collection system.
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
Page 4 of 4

 The impacted storm water basins have been restored to their permitted designs.

Landfill staff should ensure that the active areas of the landfill are graded towards the chimney
drains and leachate collection system. Based on observations made during the January 24, 2017
inspection, appropriate measures have been taken to prevent a future leachate discharge.

Phase I - In the approximate area of the failed earthen berm. Drainage is now directed towards chimney drain. A
trench had been dug between the haul road and active area to divert any runoff to a chimney drain located to the
northwest of the drain visible in the photo.

Contact water basin at the Southeast toe of Phase I
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 5

Sediment Basin 2. Phase I is visible beyond the access road.

4) The landfill is currently receiving approximately 5,000 tons per week of coal combustion residuals. Ash is
currently coming from plant operations and from the excavation of Basins 1 through 4. Excavation of these
basins is projected to be complete around June 2017. No ash from other facilities is currently being placed in
this landfill.

5) The edge of waste is identified with permanent markers. The edge of liner markers on the outside perimeter of
the landfill are on the top of the perimeter berm, 6.5-ft. outside of the actual edge of waste. Edge of waste
markers are placed on top of the interior berms that separate each of the cells.

6) Cells 1-5 of Phase I, and Cells 1 and 2 of Phase II are currently in use. A temporary vegetated cover has been
established until placement of waste begins in the other cells of Phase II. Bottom ash has been placed around
chimney drains to promote drainage. A 4 to 6-foot berm is maintained around active fill areas to aid in directing
leachate into the collection system and away from the side slopes.

7) Leachate is collected and is discharged to the leachate basin located outside the (SE) corner of the landfill. The
leachate is then pumped to the on-site NPDES permitted ash basin. The facility appeared to be maintaining
sufficient freeboard in the basin at the time of the inspection.

8) Dust is being well controlled in the active areas of the landfill. No dusting was observed during the inspection.

9) The access roads for the landfill are well maintained.

10) Trucks leaving the landfill wash exit through a wheel wash manned by staff using powerwashers to remove ash
from the sides of the trucks.

11) The perimeter stormwater ditches were free of exceisive sediments and appeared well maintained.

12) There was no evidence observed during the inspection of additional leachate seeps or breakouts on the landfill.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
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13) Some ponded water was observed on the landfill during the inspection from rain which had occurred at the
facility during the prior 24-hours.

Please contact me if you have any questions or concerns regarding this inspection report.

_ Phone: [phone]
Shawn McKee
Environmental Senior Specialist
Regional Representative

Sent on: March 22, 2017 Email: X Hand delivery US Mail Certified No. [ _]

Copies: Michael Scott, Division Director, Division of Waste Management
Ellen Lorscheider, Section Chief, Solid Waste Section
Ed Mussler, Permitting Branch Head, Solid Waste Section
Jason Watkins, Field Operations Branch Head, Solid Waste Section
Elizabeth Werner, Permitting Hydrogeologist, Solid Waste Section
Larry Frost, Engineering Project Manager, Solid Waste Section