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Recently Executed Enforcement Orders

(Notices that change weekly)

Date of Posting: Monday, February 18, 2019

Enforcement Order EPD-SW-2819

Facility Eagle Point Landfill, LLC
County Forsyth County
Cause of Order Failed to ensure permanent slope stability as evidenced by the occurrence of slope instabilities observed throughout most of 2014 and by a separate instability that was observed beginning May 17, 2018; Facility is not operating with an acceptable factor of safety for seismic conditions in violation of Site Limitation #9 in the Site Suitability Notice issued by the Division on October 21, 1998; Facility is being operated in a manner that does not fall within the design parameters used for leachate generation and management, resulting in leachate outbreaks; not operating in accordance with the approved D&O Plan because it is accepting waste with material properties outside the parameters used by the Professional Engineer for the Facility’s design; the solid waste at the Facility was not covered daily beginning May 17, 2018 and that, although incremental measures to cover the exposed waste were taken as safety considerations allowed during this period, cover over all exposed solid waste was not re-established until June 11, 2018; by leaving waste uncovered over multiple nights the Facility failed to meet operational standards; the financial assurance currently provided would be insufficient to close and maintain the Facility in the current, unstable state of Cell 13 of the landfill; failed to maintain the presence of a flame on flare CD04 when venting landfill gas and failed to minimize venting of landfill gas to the atmosphere; Facility released contaminated stormwater into a wetland adjacent to the Etowah River on June 28, 208, resulting in an exceedance of Effluent Limits for Total Suspended Solids and Biochemical Oxygen Demand; Respondent did not certify that all outfalls had been visually tested or evaluated in 2017 for the presence of non-stormwater discharges, and, as a result, did not comply with the Annual Comprehensive Site Inspection Procedures
Requirements of Order W/in 60 days, cap its receipt of High Moisture Content Waste in its permitted municipal solid waste cells at the Facility; w/in 30 days, submit a tabular report regarding the liquid levels within the landfill; beginning the first full week after execution of this Consent Order, submit a weekly summary report on the stability of Cells 13 and 14 until such point that the Division issues a written approval to reduce the frequency of such reports or to release the Respondent from this requirement; w/in 45 days, modifications to the D&O Plan shall be submitted; w/in 60 days, submit modifications to the D&O Plan to update the Gas Collection and Control System Plan to address any additional landfill gas extraction points, conveyance of gas, and any upgrades or changes to the gas control system to be implemented in the future; w/in 60 days, submit a statement of total emissions during the air emissions events listed; w/in 90 days, submit an update to the Summary Report, and if the updated Summary Report concludes that the area of the site covered by the updated Summary Report is not stable under Site Limitation #9, the Respondent shall provide a plan within 90 days of submission of the updated Summary Report that provides a plan for corrective action required to restore stability in any areas identified in the updated Summary Report; w/in 90 days of the execution date of this Order, submit a report that describes all actions previously taken and provides a plan to resolve any remaining slop activity issues in Cells 13 and 14; w/in 90 days, submit an application for a modification to its Solid Waste Handling Permit that includes a new facility-wide Stability Plan and Leachate Management Plan that will restore slope stability and ensure against future reoccurrence of instability; w/in 30 days of the submission of the reports required by Condition Nos. 7 and 8 of this Order, submit to the Division an Assessment Report evaluating the components of the closure and post-closure care plans that have been potentially impacted as a result of any unstable conditions and proposing modifications to account for any additional costs that would be incurred due to the current instability; the Respondent agrees that its November 29, 2016 application for a major modification to the Solid Waste Handling Permit to include the proposed horizontal expansion to the Facility will be held in abeyance by the Division until the i) Respondent has satisfied Condition Nos. 1-2, 4-9. And 11-12, ii) the Division has determined that the Facility is in compliance with its Solid Waste Handling Permit and all applicable rules and laws, and iii) Respondent requests in writing that the Division reinitiate its review of said application; w/in 45 days, Effluent Limit Monitoring shall be completed and the results must be included in a Report Addendum
Settlement Amount $205,300.00
Legal Authority Comprehensive Solid Waste Management Act
Date Executed 2/13/2019

Enforcement Order EPD-WP-8620

Facility Eagle Point Landfill, LLC
County Forsyth County
Cause of Order Failed to ensure permanent slope stability as evidenced by the occurrence of slope instabilities observed throughout most of 2014 and by a separate instability that was observed beginning May 17, 2018; Facility is not operating with an acceptable factor of safety for seismic conditions in violation of Site Limitation #9 in the Site Suitability Notice issued by the Division on October 21, 1998; Facility is being operated in a manner that does not fall within the design parameters used for leachate generation and management, resulting in leachate outbreaks; not operating in accordance with the approved D&O Plan because it is accepting waste with material properties outside the parameters used by the Professional Engineer for the Facility’s design; the solid waste at the Facility was not covered daily beginning May 17, 2018 and that, although incremental measures to cover the exposed waste were taken as safety considerations allowed during this period, cover over all exposed solid waste was not re-established until June 11, 2018; by leaving waste uncovered over multiple nights the Facility failed to meet operational standards; the financial assurance currently provided would be insufficient to close and maintain the Facility in the current, unstable state of Cell 13 of the landfill; failed to maintain the presence of a flame on flare CD04 when venting landfill gas and failed to minimize venting of landfill gas to the atmosphere; Facility released contaminated stormwater into a wetland adjacent to the Etowah River on June 28, 208, resulting in an exceedance of Effluent Limits for Total Suspended Solids and Biochemical Oxygen Demand; Respondent did not certify that all outfalls had been visually tested or evaluated in 2017 for the presence of non-stormwater discharges, and, as a result, did not comply with the Annual Comprehensive Site Inspection Procedures
Requirements of Order W/in 60 days, cap its receipt of High Moisture Content Waste in its permitted municipal solid waste cells at the Facility; w/in 30 days, submit a tabular report regarding the liquid levels within the landfill; beginning the first full week after execution of this Consent Order, submit a weekly summary report on the stability of Cells 13 and 14 until such point that the Division issues a written approval to reduce the frequency of such reports or to release the Respondent from this requirement; w/in 45 days, modifications to the D&O Plan shall be submitted; w/in 60 days, submit modifications to the D&O Plan to update the Gas Collection and Control System Plan to address any additional landfill gas extraction points, conveyance of gas, and any upgrades or changes to the gas control system to be implemented in the future; w/in 60 days, submit a statement of total emissions during the air emissions events listed; w/in 90 days, submit an update to the Summary Report, and if the updated Summary Report concludes that the area of the site covered by the updated Summary Report is not stable under Site Limitation #9, the Respondent shall provide a plan within 90 days of submission of the updated Summary Report that provides a plan for corrective action required to restore stability in any areas identified in the updated Summary Report; w/in 90 days of the execution date of this Order, submit a report that describes all actions previously taken and provides a plan to resolve any remaining slop activity issues in Cells 13 and 14; w/in 90 days, submit an application for a modification to its Solid Waste Handling Permit that includes a new facility-wide Stability Plan and Leachate Management Plan that will restore slope stability and ensure against future reoccurrence of instability; w/in 30 days of the submission of the reports required by Condition Nos. 7 and 8 of this Order, submit to the Division an Assessment Report evaluating the components of the closure and post-closure care plans that have been potentially impacted as a result of any unstable conditions and proposing modifications to account for any additional costs that would be incurred due to the current instability; the Respondent agrees that its November 29, 2016 application for a major modification to the Solid Waste Handling Permit to include the proposed horizontal expansion to the Facility will be held in abeyance by the Division until the i) Respondent has satisfied Condition Nos. 1-2, 4-9. And 11-12, ii) the Division has determined that the Facility is in compliance with its Solid Waste Handling Permit and all applicable rules and laws, and iii) Respondent requests in writing that the Division reinitiate its review of said application; w/in 45 days, Effluent Limit Monitoring shall be completed and the results must be included in a Report Addendum
Settlement Amount $3,500.00
Legal Authority Water Quality Control Act (including Surface Water Allocation)
Date Executed 2/13/2019

Enforcement Order EPD-AQC-6945

Facility Eagle Point Landfill, LLC
County Forsyth County
Cause of Order Failed to ensure permanent slope stability as evidenced by the occurrence of slope instabilities observed throughout most of 2014 and by a separate instability that was observed beginning May 17, 2018; Facility is not operating with an acceptable factor of safety for seismic conditions in violation of Site Limitation #9 in the Site Suitability Notice issued by the Division on October 21, 1998; Facility is being operated in a manner that does not fall within the design parameters used for leachate generation and management, resulting in leachate outbreaks; not operating in accordance with the approved D&O Plan because it is accepting waste with material properties outside the parameters used by the Professional Engineer for the Facility’s design; the solid waste at the Facility was not covered daily beginning May 17, 2018 and that, although incremental measures to cover the exposed waste were taken as safety considerations allowed during this period, cover over all exposed solid waste was not re-established until June 11, 2018; by leaving waste uncovered over multiple nights the Facility failed to meet operational standards; the financial assurance currently provided would be insufficient to close and maintain the Facility in the current, unstable state of Cell 13 of the landfill; failed to maintain the presence of a flame on flare CD04 when venting landfill gas and failed to minimize venting of landfill gas to the atmosphere; Facility released contaminated stormwater into a wetland adjacent to the Etowah River on June 28, 208, resulting in an exceedance of Effluent Limits for Total Suspended Solids and Biochemical Oxygen Demand; Respondent did not certify that all outfalls had been visually tested or evaluated in 2017 for the presence of non-stormwater discharges, and, as a result, did not comply with the Annual Comprehensive Site Inspection Procedures
Requirements of Order W/in 60 days, cap its receipt of High Moisture Content Waste in its permitted municipal solid waste cells at the Facility; w/in 30 days, submit a tabular report regarding the liquid levels within the landfill; beginning the first full week after execution of this Consent Order, submit a weekly summary report on the stability of Cells 13 and 14 until such point that the Division issues a written approval to reduce the frequency of such reports or to release the Respondent from this requirement; w/in 45 days, modifications to the D&O Plan shall be submitted; w/in 60 days, submit modifications to the D&O Plan to update the Gas Collection and Control System Plan to address any additional landfill gas extraction points, conveyance of gas, and any upgrades or changes to the gas control system to be implemented in the future; w/in 60 days, submit a statement of total emissions during the air emissions events listed; w/in 90 days, submit an update to the Summary Report, and if the updated Summary Report concludes that the area of the site covered by the updated Summary Report is not stable under Site Limitation #9, the Respondent shall provide a plan within 90 days of submission of the updated Summary Report that provides a plan for corrective action required to restore stability in any areas identified in the updated Summary Report; w/in 90 days of the execution date of this Order, submit a report that describes all actions previously taken and provides a plan to resolve any remaining slop activity issues in Cells 13 and 14; w/in 90 days, submit an application for a modification to its Solid Waste Handling Permit that includes a new facility-wide Stability Plan and Leachate Management Plan that will restore slope stability and ensure against future reoccurrence of instability; w/in 30 days of the submission of the reports required by Condition Nos. 7 and 8 of this Order, submit to the Division an Assessment Report evaluating the components of the closure and post-closure care plans that have been potentially impacted as a result of any unstable conditions and proposing modifications to account for any additional costs that would be incurred due to the current instability; the Respondent agrees that its November 29, 2016 application for a major modification to the Solid Waste Handling Permit to include the proposed horizontal expansion to the Facility will be held in abeyance by the Division until the i) Respondent has satisfied Condition Nos. 1-2, 4-9. And 11-12, ii) the Division has determined that the Facility is in compliance with its Solid Waste Handling Permit and all applicable rules and laws, and iii) Respondent requests in writing that the Division reinitiate its review of said application; w/in 45 days, Effluent Limit Monitoring shall be completed and the results must be included in a Report Addendum
Settlement Amount $500.00
Legal Authority Air Quality Act
Date Executed 2/13/2019