6401_NOV_20190123

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROUNA
Environmental Quality
March 12, 2019
CERTIFIED MAIL 7013 0600 0001 7442 3732
RETURN RECEIPT REQUESTED
Zee Lamb
Nash County Manager
120 W Washington Street
Suite 3072
Nashville, NC 27856
SUBJECT: Notice of Violation
Compliance Inspection Report
Nash County Landfill
6401-MSWLF-1983
Nash County
Dear Mr. Lamb:
On January 23, 2019, Davy Conners and John College, 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 statutes and rules. Ben Barnes was present
and represented Nash County during this inspection. The following violation(s) were noted:
15A NCAC 13B .1627 (d)(1), "Following closure of each MSWLF unit, the owner or operator shall
conduct post -closure care... (which) consists of at least the following... (8) Maintaining and
operating the leachate collection system in accordance with the requirements in Rules .1642
and .1626."
And 15A NCAC13B .1626 (8)(d), "Leachate shall be contained within a lined disposal cell or
leachate collection and storage system."
Nash County is in violation of the above rules in that leachate was observed seeping from the
landfill and flowing into a drain pipe. The seep is located near the north east corner of the landfill,
close to the top. It is just below the area of impounded water, which is likely the cause of the
leachate seep.
oe"Mwnt m MWrmm UP wan
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Nash County Landfill
Notice of Violation
Page 2 of 4
March 12, 2019
The County plugged the leachate seep on the same day as the inspection and sent photo evidence
of the work done. After doing some research, the County determined that the outflow of the
drain pipe is outside of the landfill footprint, and therefore the leachate was not contained.
Based upon the foregoing, Nash County Landfill shall come into compliance by April 15, 2019
with all requirements of the regulations in 15A NCAC 13B .1627 (d)(1) and .1626 (8)(d) by
completing the following:
Corrective Actions
1. Soil and water samples must be taken according to the Sampling Requirements listed
below. Submit the results to Ervin Lane, Hydrogeologist, 1646 Mail Service Center,
Raleigh, NC 27699-1646, ervin.lane@ncdenrgov, 919-707-8288, for determination as to
the depth and extent of soil removal in the impacted areas.
Samples must be taken in all areas that have been impacted by leachate outside of the
landfill footprint, including ditches, sediment basins, or streams into which the pipe drains.
2. Repairs to the landfill must be completed to resolve issues noted in the January 23, 2019
Inspection Report (enclosed). Specifically, the two areas noted in the report that have
impounded water over waste which are likely the cause of the leachate release and must
be repaired to shed water. If, after repairs are made, it is determined that the slope drain
is no longer needed for slope stabilization, the County should consider abandoning or
removing it so that it is no longer a conduit for leachate to leave the landfill.
Leachate Releases — Sampling Requirements
1. Submit a sampling plan using the guidance below in electronic format sent via email for
Solid Waste Section approval prior to sampling.
• Conduct subsurface soil sampling and water sampling at specific locations including
background soil and upstream water locations to evaluate the extent of the potential
environmental impacts from the release(s) at the facility.
• Subsurface soil samples should be collected between one to two feet below ground
surface.
• Discrete soil samples should be collected. Composite samples will not be accepted.
• All soil and water samples should be analyzed by a NC certified laboratory for
Appendix I of 40 CFR Part 258 parameters (VOCs and Total Metals) and pH.
• Please include the proposed sampling methodology and a map/aerial depicting the
proposed sampling locations.
oe"Mwnt m enWrmm UP Nality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Nash County Landfill
Notice of Violation
Page 3 of 4
March 12, 2019
2. After Solid Waste Section approval of the sampling plan, please implement the plan within
seven days. Within 10 days after the analytical results are received from the laboratory,
please submit documentation regarding the sampling event which should include the
following:
• A table of the surface water analytical results should be compared to the NC 2B
Standards.
• The subsurface soil analytical results should be compared to the Preliminary Soil
Remediation Goals (PSRGs). Both the Residential Health Based and the Protection of
Groundwater PSRGs must be met.
• The associated laboratory reports from the NC certified laboratory.
• The chain of custody.
• QA/QC results.
• The sampling methodology.
• Conclusions and recommendations.
• A map/aerial photo depicting the sampling locations.
Nash County shall provide a written certification with supporting documentation on company
letterhead confirming the noted compliance schedule has been completed. Include in this
certification any actions taken to prevent these violations from occurring in the future. Mail this
certification to Davy Conners, 1646 Mail Service Center, Raleigh, NC 27699-1646, by the noted
compliance date.
The violations 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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions, please call me at [phone] or e-mail davis.conners@ncdenrgov.
oe"Mwnt m enWrmm UP Nality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Sincerely,
Nash County Landfill
Notice of Violation
Page 4 of 4
March 12, 2019
Digitally signed by Davy Conners
DIN: cn=Davy Conners, o=Division of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2019.03.12 13:28:42-04'00'
Davy Conners
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Jessica Monte, Compliance Officer
Ben Barnes, Nash County Solid Waste Manager
oe"Mwnt m enWrmm UP Nality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200