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