4903_NOV_20210115

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MICHAEL S. RECAN
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MICHAEL SCOTT
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NORTH CAROLINA
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January 15, 2021
Sent via email: beth.iones(@co.iredell.nc.us
CERTIFIED MAIL 7017 2620 0000 6788 8472
RETURN RECEIPT REQUESTED
Ms. Beth Jones, County Manager
PO Box 788
Statesville, NC 28687
SUBJECT: Notice of Violation
Leachate Release
Iredell County MSWLF
4903-MSWLF-1993
Iredell County
Dear Ms. Jones:
This Notice of Violation (NOV) is to advise you of the legal requirements under North Carolina
law, and is being issued for violations of Title 15A of the North Carolina Administrative Code
(NCAC) Subchapter 13B .1626 OPERATIONAL REQUIREMENTS FOR MSWLF FACILITIES.
On December 23, 2020, the Solid Waste Section (Section) was notified by Mike Rufty, Assistant
Director of Solid Waste, that leachate had been released from the Iredell County Solid Waste
Landfill, located at 354 Twin Oaks Road in Statesville, North Carolina. According to information
submitted to the Division of Water Resources by the facility to report the release, and initial
information submitted to the Division of Waste Management, facility staff observed the leachate
lagoon was not discharging and arranged for the discharge line to be jet cleaned. Upon jetting
the leachate lagoon discharge line facility staff heard a spraying noise. Leachate was observed
discharging into the unnamed tributary at the Fernco coupling connection in the leachate lagoon
discharge line. Facility staff shut off all leachate line valves to the leachate lagoon and
temporarily cut off discharge of leachate from the lagoon to allow a repair to be made. An
estimated 156,780 gallons of leachate was released into the unnamed tributary of Fourth Creek.
The release of untreated leachate from the landfill constitutes a violation of the following:
I D- I E
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Mooresville, North Carolina 28115
704.235.2163

Iredell County Solid Waste Landfill
Notice of Violation
Page 2 of 3
January 15, 2021
A. 15A NCAC 13B .1626(8)(d) states: "Leachate shall be contained within a lined disposal
cell or leachate collection and storage system. All leachate shall be treated, as required
by the receiving facility, prior to discharge. An NPDES permit may be required prior to
the discharge of leachate to surface waters, as provided by 40 CFR Parts 258.26 and
258.27."
B. 15A NCAC 13B .1626(8)(e)(i) states: "MSWLF units shall not: (i) Cause a discharge of
pollutants into waters of the United States, including wetlands, that violates any
requirements of the Clean Water Act, including the National Pollutant Discharge
Elimination System (NPDES) requirements, pursuant to Section 402."
Based upon the foregoing, Iredell County Solid Waste Landfill shall come into compliance by
March 16, 2021 with all requirements of the regulations in 15A NCAC 13B .1626 by completing
the following:
1. Submit a detailed explanation confirming the cause of the leachate release and actions
taken to repair the discharge pipe. Include information on the maintenance of the
leachate collection system prior to the release.
2. Submit a plan detailing provisions for periodic cleaning and visual inspections of the
leachate lagoon discharge line to the sanitary sewer outfall.
3. Contact Ervin Lane, Compliance Hydrogeologist, to review any soil sampling that was
conducted in the vicinity of the leachate lagoon discharge line release to determine the
impact of the release at the facility. If a plan for additional assessment of this area is
required, conduct any sampling and remediation in accordance with said approved plan.
Electronically submit soil sampling laboratory results, and if required, an assessment plan
for review and approval to Ervin Lane, Compliance Hydrogeologist.
Ervin Lane, Compliance Hydrogeologist
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]
[e-mail]
4. Continue to follow any requirements by the Division of Water Resources as a result of
the release.
The violations listed above requires action on behalf of the facility 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
a�
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Mooresville, North Carolina 28115
704.235.2163

Iredell County Solid Waste Landfill
Notice of Violation
Page 3 of 3
January 15, 2021
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 [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Kim Sue
DN: m=Kim Sue, o=Division of
Waste Management, ou=Solid
��•'^. �,"` Waste Section,
mail=[e-mail], c=US
Date: 2021.01.15 09.41:39-05,00'
Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Edward Mussler, Solid Waste Section Chief
Jason Watkins, Field Operations Branch Head - Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Environmental Program Consultant - Solid Waste Section
Ervin Lane, Compliance Hydrogeologist - Solid Waste Section
Allen Gaither, Permitting Engineer - Solid Waste Section
Andrew Pitner, Assistant Regional Supervisor — Water Quality Section
Michael Meilinger, Environmental Specialist I —Water Quality Section
David Lambert, Solid Waste Director — Iredell County
Mike Rufty, Assistant Director of Solid Waste — Iredell County
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue I Mooresville, North Carolina 28115
704.235.2163