83_N0656_NOV_20210119

January 19, 2021

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 0090 0001 7206 9962

Attn: Angie Foster/Harold Haywood
City of Laurinburg NLCID LF
503 Hall Street
Laurinburg, NC 28352

SUBJECT: Notice of Violation
Compliance Inspection Report
City of Laurinburg NLCID LF
N0656
Scotland County

Dear Ms. Foster/Mr. Haywood:

On December 18, 2020, 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. Although no one was available to
represent the City of Laurinburg NLCIDLF N0656 during this inspection, Mr. Powell did announce
his presence and purpose for visiting, to the representative in the main office building. The
following violation(s) were noted:

A. 15A NCAC 13B .0105 (a), States that “The solid waste collector shall be responsible for
the collection and transportation of all solid waste to a solid waste management
facility as defined in G.S. 130A-290 that is permitted by the Division.”

You have collected and transported solid waste to a site that is not a permitted solid
waste management facility for this type of activity.

B. 15A NCAC 13B .0105 (b), States that “The solid waste collector shall transport to a site
or facility only those solid wastes that are allowed by facility permit.”

City of Laurinburg NLCID LF N0656
Notice of Violation
Page 2 of 4
January 19, 2021

You have collected and transported Construction and Demolition (C&D) solid waste, such
as metal flanges, PVC pipe, hoses and plastic, to a site that is not permitted to receive
such waste.

C. 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.”

At the time of this inspection, the waste onsite was beyond the previously approved less
than 2 acre limitations for the Notified LCID landfill. A permit is required to operate a
facility larger than 2 acres.

D. 15A NCAC 13B .0566 (2), States that “The facility shall only accept those solid wastes
which it is permitted to receive.”

At the time of this inspection, Construction and Demolition (C&D) solid waste, such as
metal flanges, PVC pipe, tires, hoses and plastic, was observed dumped on this property
outside the limits of the NLCID. These wastes are not approved for disposal in a Notified
LCID landfill.

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.”

At the time of this inspection, it appeared that the entire NLCID was uncovered, which is
beyond the 2 acre NLCID LF limits.

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.”

At the time of this inspection, exposed waste was visible and appeared to exceed one
acre in size and had not been covered in the past 30 days because vegetation was
observed growing up around some of the waste.

G. 15A NCAC 13B .0566 (10), States that “Surface water shall be diverted from the
City of Laurinburg NLCID LF N0656
Notice of Violation
Page 3 of 4
January 19, 2021

working face and shall not be impounded over waste.”

At the time of this inspection water was found impounded over the NLCID LF waste in a
few areas.

Based upon the foregoing, the City of Laurinburg NLCIDLF shall come into compliance by February
20, 2021, with all requirements of the regulations in 15A NCAC 13B .0105 (a) and (b), .0201
(c), .0566 (2), (3), (4), and (10) by completing the following:

1. Immediately cease accepting any waste at the facility. The site is over two acres without
a permit from the Division. It appears that the NLCIDLF is also being operated over a
previously closed pre-regulatory landfill (PRLF). Per PRLF staff, this site has not been
assessed and remedies defined. .

2. Remove ALL unapproved waste from this property including the waste in the NLCIDLF
without excavating into the cap of the PRLF. Disturbance or destruction of the PRLF cap
may expose the City staff, the general public and environment to unknown wastes.

3. All waste outside of NLCIDLF, waste outside the property limits and buffers of the facility
must be disposed of at a permitted solid waste management facility for that type of
waste.

4. LCID waste may be disposed of within the NLCIDLF footprint, sloped to a ratio of 3:1 and
covered with one foot of soil.

5. Cover all exposed waste with a minimum of 1 foot of soil and slope to no less than 3:1. Once
the exposed waste is completely covered with soil, measures to establish a vegetative cover
sufficient to restrain erosion must occur to close this site out.

6. Maintain and provide weight tickets or and any other documentation to show proper
disposal for waste that is not allowed to be disposed of properly in the NLCID.

7. Notify David Powell, Environmental Senior Specialist on progress and or completion of
corrective actions. A follow up inspection will be done in approximately 45 days.

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
City of Laurinburg NLCID LF N0656
Notice of Violation
Page 4 of 4
January 19, 2021

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

Attachment: December 18, 2020 N0656 Inspection Report (8 pages)

Copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section
Drew Hammonds, Eastern District Supervisor - Solid Waste Section
Jessica Montie, Compliance Officer - Solid Waste Section
Ryan Channel, Unit Supervisor - Pre-Regulatory Landfill Program