78_N1092_NOV_20200714

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200

July 31, 2020
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7015 0640 0007 8168 6663

Gene Walters, Solid Waste Director Robeson County, 246 Landfill Rd.,
St. Paul’s, NC 28384

SUBJECT: Notice of Violation Compliance Inspection Report Robeson County LCID
N1092 Robeson County
Dear Mr. Gene Walters:
On July 10 and July 14, 2020, Andrew 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. The following violation(s) were noted:

A. 15A NCAC 13B .0201 (c), States that “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.”
On July 14, 2020 inspection, it was determined the waste onsite was beyond the previously approved 3 acre limitations for the Notified LCID. A permit is required to operate a facility larger than 2 acres. The NLCID Facility had been approved for a total
of Three (3) acres due to increased demand from recent hurricanes. Section staff used a
laser range finder to measure the expanded area beyond the 2-acre notification and
determined it was approximately 1.7 acres in size, not the 1 acre as approved. Total NLCID LF size of approximately 3.7 acres.
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200
Robeson County LCID Notice of Violation
Page 2 of 4 July 30, 2020

B. 15A NCAC 13B .0563 (1) (a) - The facility is to be operated for the disposal of land
clearing waste, inert debris, untreated wood, and yard trash. Operations must be consistent and in compliance with the local government solid waste management plan as approved by the Division of Solid Waste Management.
On July 10, 2020 inspection, there was significant amount of unapproved waste inside the LF. Shingles, tires, plastic of all types, cardboard and misc. MSW wastes, treated
lumber, and other misc. items. These wastes are not approved for disposal in an LCID
landfill. (Some waste was observed along edge of LCID and some waste was observed outside of notified LCID, spread out and pushed into water east side of the NLCID).
C. 15A NCAC 13B .0563 (3) An individual permit is required, except for landfills subject to Item (5) of this Rule, for the construction and operation of a Land Clearing and Inert Debris (LCID) landfill when: (a) The facility is to be operated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash.
Operations must be consistent and in compliance with the local government solid waste management plan as approved by the Division of Solid Waste Management, and (b) The total disposal area is greater than two acres in size. On July 10, 2020 inspection, this NLCID was a two acre notified site originally, and still
is, with an emergency approval in October 2018 by the Section, to increase by one acre, total of three acres in size, due to recent hurricanes. The landfill is being operated in an area larger than the approved size, total size of 3.7 acres, and needs to request an
individual permit. The facility should address the corrective actions until permit and operations plan are approved.
D. 15A NCAC 13B .0566 (2), States that “The facility shall only accept those solid wastes which it is permitted to receive.” During July 10, 2020 inspection, there was significant amount of unapproved waste
inside the LF. Shingles, tires, plastic of all types, cardboard and misc. MSW wastes, treated lumber, and other misc. items. These wastes are not approved for disposal in an LCID landfill. (Some waste was observed along edge of LCID and some waste was
observed outside of notified LCID, spread out and pushed into water east side of the NLCID).
Upon follow up inspection on July 14, 2020, Section staff noticed stockpiled waste on the 2 acres notified side, mostly along road and EOW. After questioning Mr. Gene
Walters, he informed Section staff onsite that it was his understanding it was sand blast media. It was requested to provide analytical results to determine the material
content and approval for disposal in the NLCID. Mr. Walters received documentation and forwarded to Section Staff, on July 21, 2020, and the material was “Bottom Ash”
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200
Robeson County LCID Notice of Violation
Page 3 of 4 July 30, 2020

provided by NC Renewable Power – Lumberton. Mr. Walters spoke to David Powell
with the Section about removing the material to the Lined MSW. It was suggested to Mr. Walters to follow in the Divisions “APPROVED ALTERNATIVE DAILY COVER
MATERIALS” May 16, 2019 Guidance. The material would need to be removed from NLCID, careful for dust when transporting or moving material and it was suggested to
not use it on exterior slopes.
E. 15A NCAC 13B .0566 (3), States that “Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
On July 10, 2020 inspection, there was exposed piles of waste spread out over more than
one acre in the expansion area. F. 15A NCAC 13B .0566 (4), States that “Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.”
On July 10, 2020 inspection, exposed waste was visible and appeared to exceed one acre in size. Waste was being spread out over the expanded area with about a 1.7-acre
footprint. There was exposed waste on the 2-acre notification along East side as well. G. 15A NCAC 13B .0566 (11), States that “Solid waste shall not be disposed of in
water.”
On July 10, 2020 inspection, waste was being pushed into water on East side of LF.
Based upon the foregoing, Robeson County’s LCID Landfill (N1092) shall come into compliance
within 30 days of receipt of this Notice with all requirements of the regulations in 15A NCAC 13B .0201 (c), .0563 (1) (a), and (3), .0566 (2), (3), (4), and (11), by completing the following:
1. Cease accepting waste outside the EOW at this facility. Ensure that an attendant is onsite while open to the public.
2. Remove ALL unapproved waste from the NLCID and stop pushing waste into water. 3. Ensure All waste outside of the approved three (3) acre NLCID foot print is moved into the approved area and permanent EOW markers reinstalled.
4. Cover all exposed waste with a minimum of 1 foot of soil and slope to no less than 3:1.
5. Edge of Waste (EOW) must be properly identified and marked. Waste outside the EOW should be removed and disposed of within the limits of the NLCID if possible or
at another site permitted to receive that waste for disposal or recycling.
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200
Robeson County LCID Notice of Violation
Page 4 of 4 July 30, 2020

6. Ensure that the application for the permit for an LCID has been properly completed
and submitted to Section staff for review and approval.
7. Contingency plan should account for lack of staff to monitor and or operate facilities properly. Possibly amending the scheduled days for receiving vegetative debris.
8. Notify David Powell, Environmental Specialist II of completion of corrective actions. A follow up inspection will follow within 30 days’ receipt of this NOV.
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. 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 contact me at (910) 433 - 3350 or e-mail [e-mail].
Sincerely, David Powell
Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Supervisor - Solid Waste Section Drew Hammonds, Eastern District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section Benjamin Jackson, Engineering Project Manager – Solid Waste Section Kristina Locklear-Cummings, Robeson County Solid Waste
Kellie Blue, Robeson County Manager