26012YWN_NOCAV_20201210

December 10, 2020

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 0090 0001 7206 6060

Don and Leticia Gilmore
Dump & Go
7016 Pope Cashwell Ct.
Hope Mills, NC 28348

SUBJECT: Notice of Continuing and Additional Violations
Dump and Go
26012YWN
Cumberland County
GPS: N 34.970976 W -78.861343

Dear Don and Leticia Gilmore:

On July 1, 2020, the State of North Carolina, Division of Waste Management Solid Waste Section
(Section) issued a Notice of Violation letter to Don and Leticia Gilmore, of Dump & Go, regarding
facility violations. The Solid Waste Section conducted a follow-up inspection(s) of the site on
8/27/2020, 9/9/2020, 10/28/2020, 11/19/2020, and 11/23/2020 and found that the violation(s)
noted in the July 1, 2020 NOV have not been corrected at this time. In addition, Section staff
observed the following new or additional violations:

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 additional solid waste on unpermitted property owned by you, Mr.
and Mrs. Gilmore, located at 4467 Doc Bennett Road, Fayetteville, Cumberland County North
Carolina since the last Notice of Violation dated July 1, 2020.

Dump and Go
Notice of Continuing & Additional Violations
Page 2 of 5
December 10, 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 additional solid waste on property owned by you, Mr. and Mrs. Gilmore, located at
4467 Doc Bennett Road, Fayetteville, Cumberland County North Carolina since the last Notice
of Violation dated July 1, 2020, 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
continued to establish, expand and operate a solid waste management facility on property that is not permitted by the Division for this type of activity by allowing additional dumping and
disposal of solid waste on your property since the last Notice of Violation dated July 1, 2020.

D. 15A NCAC 13B .1402 (g) (1) (A) - the owner or operator of any Type 1 Solid Waste (yard
waste) facility which occupies less than two acres of land and be limited to no more than 6,000
cubic yards’ material onsite at any one time, including finished product, shall submit this form
to the Department by June 1st of each year.
You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule in that you, Mr.
and Mrs. Gilmore, have arranged for the disposal of solid waste on property owned by you,
located at 4467 Doc Bennett Road, Fayetteville, Cumberland County North Carolina, without
submitting the required renewal notification to the Department by June 1st of the year 2020.

E. 15A NCAC 13B .1406 (7) (a) - Open burning of solid waste shall be prohibited
You, Don and Leticia Gilmore, Dump & Go, are in violation of the above rule, by burning 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 Continuing & Additional Violations
Page 3 of 5
December 10, 2020

Due to the above, you are hereby notified that the Section intends to move forward in the
enforcement process. In order to potentially abate any further action forthcoming, it is
recommended that the following corrective actions be taken immediately upon receipt of this
notice:

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. A Corrective Action Plan for the proposed cleanup activities of this site must be
submitted by you, or a representative of the entity you have chosen, that will be
addressing the issues outlined in this Notice. The plan should also include the guidance
and protocols provided by the Department of Health and Human Services, Health Hazards
Control Unit (DHHS, HHCU) for the proper removal of all asbestos containing wastes
according to that guidance. The plan must include the removal of all asbestos containing
waste according to the guidance provided by the NC DHHS, HHCU. This plan should be
submitted to the Cumberland County Solid Waste Office and North Carolina DHHS, HHCU.

4. Remove all solid waste from the site 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. All material comingled with waste determined to contain asbestos
and/or lead paint must be treated as such and the plan shall be developed and
implemented in accordance with DHHS protocols for removal of any material containing
asbestos. (Please note that burning of the waste is prohibited and would be a violation
of the North Carolina Air Quality Rule.)

5. 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

Dump and Go
Notice of Continuing & Additional Violations
Page 4 of 5
December 10, 2020

6. 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.

7. 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.

8. All ash from the burn event during inspection on November 19, 2020, will need to be
taken to an MSW Landfill and documentation of disposal sent to David Powell.

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.

We solicit your cooperation and would like to avoid taking further enforcement actions. At the
same time, it is your responsibility to comply with the requirements of the General Statutes
and/or the North Carolina Administrative Code.

Please keep David Powell informed during the solid waste removal process. This office will
conduct follow-up inspections in order to verify your progress. Upon completion, a final
inspection will be conducted to verify that the removal of solid waste has been completed per
the requirements of the Notices sent to this facility.

If you have any questions regarding this matter, please feel free to contact me at 910-433-3350
or email [e-mail].

Sincerely,

David Powell
Environmental Sr. Specialist
Division of Waste Management – Solid Waste Section
Dump and Go
Notice of Continuing & Additional Violations
Page 5 of 5
December 10, 2020

copies: Ed Mussler, Solid Waste Section Chief – Solid Waste Section
Kyle Peterson, Assistant Attorney General - NCDOJ
Jason Watkins, Field Operations Branch Head – Solid Waste Section
Drew Hammonds, Eastern District Supervisor – Solid Waste Section
Jessica Montie, Environmental Program Consultant – Solid Waste Section
Heather Carter, Regional Supervisor – Division of Air Quality
Ann Doherty, Industrial Hygiene Inspector – NCDHHS HHCU
Amanda Bader, Cumberland County Solid Waste Director