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HomeMy WebLinkAbout26012YWN_NOV_20200701 July 1, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 8168 6588 Don and Leticia Gilmore Dump & Go 7016 Pope Cashwell Ct. Hope Mills, NC 28348 SUBJECT: Notice of Violation Compliance Inspection Report Dump and Go 26012YWN Cumberland County GPS: N 34.970976 W -78.861343 Dear Don and Leticia Gilmore: On June 11, 2020, Drew Hammonds and David Powell, 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. Mr. Don Gilmore was present and represented Dump and Go during this inspection. The following violation(s) were noted: A. 15A NCAC 13B .0201 (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b). You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule in that you have arranged for the disposal of solid waste on property owned by you, Mr. and Mrs. Gilmore, located at 4467 Doc Bennett Road, Fayetteville, Cumberland County North Carolina. Dump and Go Notice of Violation Page 2 of 4 July 1, 2020 B. 15A NCAC 13B .0201 (b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b). You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule, by storing and processing solid waste on property owned by you, Mr. and Mrs. Gilmore, located at 4467 Doc Bennett Road, Fayetteville, Cumberland County North Carolina without having been issued a permit from the Division. C. 15A NCAC 13B .0201 (c) No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a currently valid permit issued by the Division for the specified type of disposal activity. It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located. You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule, in that you have established a solid waste management facility on property that is not permitted by the Division for this type of activity by allowing dumping and disposal of solid waste on your property. D. 15A NCAC 13B .1402 (g) (1) (D) The following operations shall be exempt from the permitting requirements in Rule .1401 of this Section: the facility shall not be located over a closed-out disposal site. You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule, in that you have established a solid waste management facility on top of a closed out solid waste facility by allowing dumping, operating, processing and disposal of solid waste on your property above that closed out facility. Based upon the foregoing, Dump and Go shall come into compliance within 60 days of receipt with all requirements of the regulations in 15A NCAC 13B .0201 (a), .0201 (b), .0201 (c) and .1402 (g) (1) (D) by completing the following: Dump and Go Notice of Violation Page 3 of 4 July 1, 2020 1. Cease accepting waste and allowing disposal of all waste on this property. 2. Contact David Powell at 910-433-3350 prior to beginning any cleanup operation to discuss proper documentation and procedures. 3. Remove all solid waste from the site that you have received including any that may be buried and properly dispose of it in a facility permitted by the Division of Waste Management. Also, any unapproved waste discovered during the excavation of the previous closed out facility must be removed and disposed of properly and cannot be covered or put back in the closed out facility. (Please note that burning of the waste is prohibited and would be a violation of the North Carolina Air Quality Rule.) 4. Provide proof of disposal by submitting all solid waste management facility receipts where the waste is disposed of to the Solid Waste Section. Receipts for disposal of all the waste should be mailed to the following address: David Powell NC DEQ – Solid Waste Section 225 Greens Street, Suite 714 Fayetteville, NC 28301 5. During waste removal activities, implement sediment and erosion control measures at the property as required by the Sedimentation and Pollution Control Act to prevent any sediment loss from waste removal activities. Once waste has been removed, you must stabilize the site by re-establishing native vegetation in the affected areas. Re-seed and maintain as necessary to prevent erosion on the site. 6. Prevent unauthorized entry to the site by means of gates, berms, or fences and post signs indicating that the site is closed, and no dumping is allowed. The violation(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. Dump and Go Notice of Violation Page 4 of 4 July 1, 2020 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 regarding this matter, please feel free to contact me at 910-433-3350 or email david.powell@ncdenr.gov. Sincerely, David Powell Environmental Senior Specialist Division of Waste Management - Solid Waste Section Attachments: Compliance Inspection for June 11, 2020 copies: Jason Watkins, Field Operations Branch Head Drew Hammonds, Eastern District Supervisor Jessica Montie, Environmental Program Consultant Amanda Freeman, Compliance Officer Amanda Bader, Cumberland County Solid Waste Director