March 8, 2016

Certified No.7013 3020 0001 0603 0961  Blue Ridge Landfill
                      7013 3020 0001 0603 0978  Billy Bowles
                      7013 3020 0001 0603 0985  CT Corporation System
Return Receipt Requested

Advanced Disposal Services Blue Ridge Landfill Inc			
2700 Winchester Rd	
Irvine, KY 40336

Billy Bowles
2700 Winchester Road
Irvine, KY  40336

CT Corporation System
306 W. main St, Suite 512
Frankfort, KY  40601
Registered Agent
  
Re:	Notice of Violation 
	AI ID:  998  
	AI Name: Advanced Disposal Services Blue Ridge Landfill Inc
Activity ID:  ENV20160001
Permit No. SW030004
Estill County, KY

Dear Advanced Disposal Services Blue Ridge Landfill Inc/Mr. Bowles/CT Corporation System:

	The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of Violation for violations discovered at your facility.  Please review this Notice of Violation carefully to ensure that all remedial measures are completed by the specified deadlines.  

Your cooperation and attention to this matter is appreciated.  If you have any questions, please contact me at 502-564-3358.

Sincerely,

							signed by hand 3/8/16
	
Richard Thomas
Environmental Control Supervisor
DWM, Frankfort Regional Office

Enclosure

COMMONWEALTH OF KENTUCKY
Energy and Environment Cabinet
Department For Environmental Protection
Division of Waste Management

NOTICE OF VIOLATION

To:  Advanced Disposal Services Blue Ridge Landfill Inc			
2700 Winchester Rd	
Irvine, KY 403369

Billy Bowles
2700 Winchester Road
Irvine, KY  40336

CT Corporation System
306 W. main St, Suite 512
Frankfort, KY  40601
Registered Agent

AI Name:  Advanced Disposal Services Blue Ridge Landfill Inc 	AI ID:  998	Activity ID:  ENV20160001	
County:  Estill 	
Enforcement Case ID:    
Date(s) Violation(s) Observed:  02/10/2016	
													
This is to advise that you are in violation of the provisions cited below:

1	Violation Description for Subject Item ACTV0000000007SW: Contained Landfill(Contained Landfill):  	
 	Recordkeeping The owner or operator shall submit report(s): Due quarterly, by the 15th of January, April, July, and October containing a description of the monthly volume of waste received from each source. [401 KAR 47:190 Section 8(1)(b)]	
 	 	
 	Description of Non Compliance: 	
 	Although the facility has corrected the reports, at the time of this inspection, Blue Ridge Landfill's quarterly Waste Quantity Reports reflected that the 47 loads of TENORM mentioned above were disposed as alternate daily cover.  Blue Ridge Landfill is not authorized any alternate daily cover.	
 	 	
 	The required remedial measure(s), and date(s) to be completed by, are as follows:  	
 	 Remedial measures to be determined by KDEP Div of Enforcement.	
 	 	
2	Violation Description for Subject Item ACTV0000000007SW: Contained Landfill(Contained Landfill):  	
 	Any person possessing or controlling a hazardous substance, pollutant, or contaminant which is released to the environment, or any person who caused a release to the environment of a hazardous substance, pollutant, or contaminant, shall characterize the extent of the release as necessary to determine the effect of the release on the environment, and shall take actions necessary to correct the effect of the release on the environment. Any person required to take action under this subsection shall have the following options:
(a) Demonstrating that no action is necessary to protect human health, safety, and the environment;(b) Managing the release in a manner that controls and minimizes the harmful effects of the release and protects human health, safety, and the environment,
provided that the management may include any existing or proposed engineering or institutional controls and the maintenance of those controls;(c) Restoring the environment through the removal of the hazardous substance, pollutant, or contaminant; or
(d) Any combination of paragraphs (a) to (c) of this subsection. [KRS 224.1-400(18)]	
 	 	
 	Description of Non Compliance: 	
 	Blue Ridge Landfill failed to comply with provisions of KRS 224.1-100 (18) by failing to characterize a release/potential release of NORM/TENORM to the environment.

The landfill shall not disturb the area except to characterize it pursuant to 401 KAR 100:030.	
 	 	
 	The required remedial measure(s), and date(s) to be completed by, are as follows:  	
 	 Blue Ridge Landfill shall comply with all provisions of the attached Radiation Survey and Site Investigation guidance provided by the Cabinet for Family and Health Services.  A comprehensive compliance plan shall be submitted to Jeff Cummins, Director, KY Department of Environmental Protection Enforcement Branch, within seven working days of the receipt of this Notice of Violation.

3	Violation Description for Subject Item ACTV0000000007SW: Contained Landfill(Contained Landfill):  	
 	General: The owner or operator shall comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the appropriate Kentucky revised statute and is grounds for enforcement action which may result in revocation, modification or denial of a permit renewal application. [401 KAR 47:120 Section 1(1)]	
 	 	
 	Description of Non Compliance: 	
 	Based on waste disposal manifests provided by the facility, Blue Ridge Landfill accepted and disposed of 47 loads of an unpermitted NORM/TENORM waste from July 2015 through November 2015.  Neither the facility's permit nor this KRS authorize low level radioactive waste to be disposed in a contained landfill located in Kentucky.  Further, the facility's permit does not authorize any infringement of state laws or regulations.	
 	 	
 	The required remedial measure(s), and date(s) to be completed by, are as follows:  	
 	 Remedial measures to be determined by KDEP Div of Enforcement.	
 	 	
4	Violation Description for Subject Item ACTV0000000007SW: Contained Landfill(Contained Landfill):  	
 	The owner or operator of a contained landfill shall keep permanent records of the source, disposal location and quantity of any spill residues and limited quantity generator hazardous wastes, and records as to the source and quantity of all other wastes disposed of at the contained landfill. These records shall be available for cabinet inspection and shall be summarized in a report and submitted to the cabinet with the annual report or request for permit renewal. [401 KAR 47:190 Section 8(5)]	
 	 	
 	Description of Non Compliance: 	
 	The owner or operator of a contained landfill shall keep permanent records of the source, disposal location and quantity of any spill residues and limited quantity generator hazardous wastes, and records as to the source and quantity of all other wastes disposed of at the contained landfill. These records shall be available for cabinet inspection and shall be summarized in a report and submitted to the cabinet with the annual report or request for permit renewal.

A request to provide all waste disposal manifests from January 1, 2015 through January 30, 2016 to the Div of Waste Management was made during this inspection.  To date, only manifests pertaining to particular TENORM-related entities have been submitted to the Division.	
 	 	
 	The required remedial measure(s), and date(s) to be completed by, are as follows:  	
 	 Remedial measures to be determined by KDEP Div of Enforcement.	

Violations of the above cited statute(s) and/or regulation(s) are subject to a civil penalty per day per violation.  Violations carry civil penalties of up to $25,000 per day per violation depending on the statutes/regulations violated.  In addition, violations may be concurrently enjoined.  Compliance with remedial measures and their deadlines does not provide exemption from liability for violations during the period of remediation, nor prevent additional remedial measures from being required.
If you have questions or need further information, write or call the undersigned:

Division of Waste Management
Frankfort Regional Office 
200 Fair Oaks Ln 3rd Fl
Frankfort, KY 40601
502-564-3358 (8:00 AM – 4:30 PM)
Richard Thomas, 

Issued By:	signed by hand 3/8/16	
Richard Thomas, Environmental Control Supervisor
Date: March 8, 2016

Issued By:		
Jon Maybriar, Assistant Division Director
Date: March 8, 2016

How Delivered:	 Certified Mail   Certified/Registered #7013 3020 0001 0603 0961  Blue Ridge Landfill
                                                                                         7013 3020 0001 0603 0978  Billy Bowles
						          7013 3020 0001 0603 0985  CT Corporation System