6403_NOV_20201009

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
October 20, 2020
CERTIFIED MAIL 7019 0700 0000 3643 1700
RETURN RECEIPT REQUESTED
Mr. Zee Lamb
Nash County Manager
120 W. Washington St., Suite 3072
Nashville, NC 27856
RE: Notice of Violation
Nash County C&D Landfill
Permit #s 6401-MSWLF-1983, 6401-CDLF-1999, 6403-CDLF-2000, 6403-LCID-2020
3057 Duke Road
Nashville, NC 27856
Dear Mr. Lamb,
On September 24, 2020, Amanda Thompson, Davy Conners, and Drew Hammonds, 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 NCAC13B .1626 (8)(b), "Surface water shall not be impounded over or in waste."
Nash County is in violation of 15A NCAC 13B .1626 (8)(b) in that water was impounded
over the waste of 6401-MSWLF-1983. The County installed several weep drains within
settled areas of the terrace berm ditches of 6401-MSWLF-1983. A weep drain was
identified to be near an area of observed standing water, however, the weep drain has
not alleviated the standing water.
B. 15A NCAC 13B .1629 (c)(3), "Post -closure use of the property shall not disturb the
integrity of the cap system, base liner system, or any other components of the
containment system, or the function of the monitoring systems unless necessary
comply with the requirements in this Section."
D_EWAj
NORTH CAROLINA
ileparlment o� EnviranmanGl puaiity
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 6
October 20, 2020
Nash County is in violation of 15A NCAC 13B .1629 (c)(3) in that trees and woody shrubs
were found to be growing on 6401-MSWLF-1983, which could disturb the cap. The
vegetation on 6401-MSWLF-1983 and 6403-CDLF-2000 (Phases 1 through 3) was
overgrown and in need of mowing.
C. §130A 309.05 (c)(1), "Seventy-five percent (75%), by weight or volume, of the recovered
material stored at a facility at the beginning of the calendar year commencing January
1, shall be removed from the facility through sale, use, or reuse by December 31 of the
same year."
Nash County is in violation of §130A 309.05 (c)(1) in that burned yard waste from the old
yard waste area had been compacted and buried across the haul road from 6403-CDLF-
2000 (Phase 4). The Section approved a plan for the County to utilize the burned yard
waste in the planned stabilization of 6403-CDLF-2000 (Phases 1 through 3). During the
July 9, 2020 inspection, it was determined that a portion of the burned material had been
utilized to help establish ground cover on 6403-CDLF-2000 (Phases 1 through 3). However,
most of the burned material had remained in place and been seeded over. No additional
progress in this area was identified during the September 24, 2020 inspection.
D. §130A 309.05 (c)(4), "The recovered material shall not contain significant
concentrations of foreign constituents that render it unserviceable or inadequate for
sale, or its intended use or reuse."
Nash County is in violation of §130A 309.05 (c)(4) in that burned yard waste from the old
yard waste area, utilized to establish ground cover on 6403-CDLF-2000 (Phases 1 through
3), had been heavily contaminated with non -vegetative waste. The non -vegetative waste
such as plastics, metals, etc., and wood waste that is not suitable for the establishment of
cover should be removed. All the non -vegetative and non -suitable wood wastes need to
be disposed of properly, which may involve screening out the different waste types. Do not
place this material in the LCID landfill without first screening out the unacceptable wastes.
E. 15A NCAC 13B .0542 (k)(1 and 2), "Adequate sediment control measures consisting of
vegetative cover, materials, structures or devices must be utilized to prevent sediment
from leaving the C&DLF facility... (and) prevent excessive on -site erosion of the C&DLF
facility or unit."
Nash County is in violation of 15 NCAC 13B .0542 (k)(1 and 2) in that the sediment basin,
to the north of 6403-CDLF-2000 (Phase 4), was still impacted by excess sediment and in
need of being cleaned out. Vegetation was identified as growing within the first bay of the
1-D_E Q >
NORTH CAROLINA
pepadmed of En impn tal quality
Nr—
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 3of6
October 20, 2020
sediment basin. In addition, little to no vegetative cover was identified on the side slopes
of 6403-CDLF-2000 (Phase 4) and perimeter ditches. Erosion continues to be an issue at
the site.
F. July 13, 2020 Permit to Operate, Attachment 3, Part IV (54), "Wastes and recyclables
must be maintained in reasonably sized piles with adequate fire breaks and lanes in
accordance with approved operational plans and the pertinent rules."
Nash County is in violation of the July 13, 2020 Permit to Operate, Attachment 3, Part IV
(54) in that the metal recycling pile was observed to be quite large and precariously
stacked, which creates a safety issue. Per §130A 309.05 (c)(1), at least 75% by weight of
the recyclable and recovered material must be removed from the site once a year. The
metal recycling pile should be properly managed so that the public and staff can safely
operate in the white goods and metal recycling area.
G. July 13, 2020 Permit to Operate, Attachment 3, Part IV (55), "Surface water shall be
diverted from all operational and storage areas to prevent standing water in
operational areas and under or around storage piles.
Nash County is in violation of the July 13, 2020 Permit to Operate, Attachment 3, Part IV
(55) in that white goods and metal in the white goods and metal recycling area was found
to be stored off the concrete pad and within standing water. Using best management
practices, the white goods and metals should be stored entirely on the concrete pad. The
surrounding area should be graded to promote drainage of surface water away from the
white goods and metals storage area.
H. 15A NCAC 13B .0542 (e) (14), "The following wastes must not be disposed of in a C&D
LF unit ... Yard trash as defined in G.S. 130A-290 (a)(45)." and July 13, 2020 Permit to
Operate, Attachment 3, Part II (15), "Waste listed in 15A NCAC 13B .0542 (e) must not
be accepted for disposal including, but not limited to, hazardous waste, municipal solid
waste, liquid waste, commercial and industrial wastes, and yard trash."
Nash County is in violation of 15A NCAC 13B .0542 (e)(14) and the July 13, 2020 Permit to
Operate, Attachment Part 11 (15) in that a load of yard trash, including lawn clippings,
pinecones and leaves was dumped onto the working face of 6403-CDLF-2000 (Phase 4)
during this inspection..
I. 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: (A)
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NORTH GAROIINAD_E Q�Aj
Dep.dl tofFmi,Qn.e. 10—Ifty
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 4 of 6
October 20, 2020
Maintaining the integrity and effectiveness of any cap system, including making repairs
to the cover as necessary to correct the effects of settlement, subsidence, erosion or
other events and preventing run-on and run-off from eroding or otherwise damaging
the cap."
Nash County is in violation of 15A NCAC 138 .1627 (d)(1) in that several areas of erosion
rills were observed along the eastern slope of 6401-MSWLF-1983 during this inspection.
Based upon the foregoing, upon receipt of this Notice of Violations, Nash County shall come into
compliance with all applicable requirements of the regulations in 15A NCAC 13B and the
Operations Plan by completing the following:
1. Within 30 days of receipt of this report, the impounding water identified on 6401-
MSWLF-1983 needs to be regraded to allow for drainage from the area.
2. Within 30 days of receipt of this report, the woody vegetation should be cut and trees
larger than 6 inches in diameter removed from 6401-MSWLF-1983. 6401-MSWLF-1983
and 6403-CDLF-2000 (Phases 1 through 3) need to be mowed as often as necessary to
prevent the growth of woody vegetation and to allow for the proper inspection of these
areas by site staff and section staff.
3. Within 30 days of the receipt of this report, complete the removal of the burned yard
waste located across the service road from 6403-CDLF-2000 (Phase 4).
4. Within 30 days of the receipt of this report, remove all sediment from the sediment
pond, located to the north of 6403-CDLF-2000 (Phase 4). Additionally, measures such as
vegetative cover, including sod if necessary, netting, rip -rap, etc. should be utilized to
prevent onsite erosion and sediment from leaving the facility.
5. Immediately reduce the size of the pile and begin utilizing best management practices
to properly stockpile metal and white goods on the concrete pad and reduce the
stockpiled metal to create a safer operating area.
6. Immediately stop disposing of yard trash within 6403-CDLF-2020 (Phase 4). The County
should begin constructing the new permitted LCID, 6403-LCID-2020, so that yard trash
can be properly disposed of or find another approved method to manage yard waste
until the LCID landfill can be constructed.
7. Within 30 days of receipt of this report, the erosion rills identified along the eastern
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NORTH GAROIINAD_E QU
)ep.dt tofFmi,Qn.e. 10—Ifty
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 5 of 6
October 20, 2020
slope of 6401-MSWLF-1983 should be repaired, mulched, and seeded to reestablish
proper vegetative cover.
8. Within 30 days of this report, install edge of waste markers, as required, around the
closed and active cells of 6403-CDLF-2000 and ensure they are visible one to the next.
All corrective measures must be completed within 30 days' receipt of this notice of violations,
unless otherwise noted. A follow up site inspection will be conducted after 30 days have passed
to ensure that the corrective measures have been completed to bringthis facility into compliance.
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 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 to verify that the facility has completed the requirements of this Notice of
Violation.
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NORTH CAROLINA Q
Aj
ilupadmu,I ui En irp 0. 1 quality
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 6 of 6
October 20, 2020
If you have any questions or concerns, please contact me at [phone] (office) or
[e-mail].
Sincerely,
Digitally signed by
Amanda Thompson
Date: 2020.10.20
15:01:08-04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Davy Conners, Environmental Senior Specialist
Amanda Freeman, Compliance Officer
Jessica Montie, Environmental Program Consultant
Ben Barnes, Solid Waste Manager, Nash County
1-D_E Q >
NORTH CAROLINA
pepadmed of E—impn .tal quality
Nr—
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