2601_NOV_20170227

Waste Man agemen t
ENVIRONMENTAL QUALITY
February 27, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70090820000024741084
Amy H. Cannon
Cumberland County Manager
698 Ann Street
Fayetteville, NC 28301
SUBJECT: Notice of Violation
Cumberland County (Ann Street) Subtitle D Landfill
Permit No. 2601-MSWLF-1997
Cumberland County, North Carolina
Dear Mrs. Cannon:
ROY COOPER
Governor
MICHAEL S. REGAN
MICHAEL SCOTT
On February 21, 2017, Andrew Hammonds and Amanda Freeman, 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. Jerod
Roberts and Arron Weispfenning were present and represented Cumberland County (Ann Street)
Subtitle D Landfill (the County) and the County's consulting firm CDM Smith during this inspection.
The following violation(s) were noted:
A. 15A NCAC 13B .1626 (8)(d) 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) 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.
(ii) Cause the discharge of a nonpoint source of pollution to waters of the United
States, including wetlands, that violates any requirement of an area -wide or State -
State of North Carolina f Environmental Quality I Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910 433 3300

wide water quality management plan that has been approved under Section 208 or
319 of the Clean Water Act, as amended.
On the east side of the Active MSW Phase III, a leachate break-out was observed.
Leachate was ponded in the surface water drainage ditch between the edge of waste
and the access road just north of a storm water drain that connects to sediment pond
#5. At the time of the inspection leachate was not flowing into the storm water drain
but, evidence of leachate in the sediment pond was observed during this inspection.
The release must be repaired, soils cleaned up and this area should be monitored to
ensure that no future leachate release is able to flow outside of the edge of waste.
Based upon the foregoing, Cumberland County shall come into compliance by March 3, 2017
with all requirements of the regulations in 15A NCAC 13B .1626 (8)(d) and (e )(i) (ii) by completing
the following:
1. The leachate breakout must be stopped right away.
2. The area where the release occurred needs to be excavated to reveal the cause of the
breakout and repaired.
3. Excavate and properly dispose of soils outside the edge of waste that were impacted by
the leachate in the drainage ditch and sediment pond.
4. Follow the sampling protocol below provided to you by Ervin Lane, Compliance
Hydrogeologist, Field Operations Branch.
Please contact your environmental consultant regarding subsurface soil sampling and
surface water sampling. The following is the criteria that should be followed:
1. Submit a sampling plan in electronic format sent via email for Solid Waste Section
approval prior to sampling.
• Conduct subsurface soil sampling and surface water sampling at specific
locations including background soil and upstream water locations to
evaluate the extent of the potential environmental impacts from the
release(s) at the facility.
• Subsurface soil samples should be collected between one to two feet below
ground surface.
• Discrete soil samples should be collected. Composite samples will not be
accepted.
• All soil and surface water samples should be analyzed by a NC certified
laboratory for Appendix I of 40 CFR Part 258 parameters (VOCs and Total
Metals) and pH.
• Please include the proposed sampling methodology and a map/aerial
depicting the proposed sampling locations.
2. After Solid Waste Section approval of the sampling plan, please implement the
plan within seven days. Within 10 days after the analytical results are received
State of North Carolina f Environmental Quality I Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910 433 3300

from the laboratory, please submit documentation regarding the sampling event
which should include the following:
• A table of the surface water analytical results should be compared to the NC
2B Standards located at https:,[/ncdenr.s3.amazonaws.com/s3fs-
public/Waste%20Management/DWM/SW/Field%20Operations/Environme
ntal%20Monitoring/Standards%20%2OCriteria%2OTables%205-15-
2013.pdf.
• The subsurface soil analytical results should be compared to the Preliminary
Soil Remediation Goals (PSRGs) located at
https: [/ncdenr.s3.amazonaws.com/s3fs-
public/Waste%20Management/DWM/SF/IHS/guidance/SoilTable%20APRI
L%202016%20-Final-1pcb1.pdf. Both the Residential Health Based and the
Protection of Groundwater PSRGs must be met.
• The associated laboratory reports from the NC certified laboratory.
• The chain of custody.
• QA/QC results.
• The sampling methodology.
• Conclusions and recommendations.
• A map/aerial photo depicting the sampling locations.
5. The area should be filled, compacted and graded and measures taken to prevent
erosion.
6. The storm drain and associated piping under the road should be inspected and cleaned
out if necessary to ensure that leachate is not held up in the pipes.
7. After completion, the area needs to be monitored to ensure the repair is adequate.
The County, shall provide a written certification with supporting documentation on company
letterhead confirming the noted compliance schedule has been completed. Include in this
certification any actions taken to prevent these violations from occurring in the future. Mail this
certification to:
Amanda Freeman
225 Green St. Suite 714
Fayetteville, NC 28301
by the noted compliance date.
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
State of North Carolina f Environmental Quality I Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910 433 3300

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 Amanda
Freeman
Date: 2017.02.27
15:56:24-05'00'
Amanda Freeman
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
E-Copies: Jason Watkins, Field Operations Branch Head, Solid Waste Section
Andrew Hammonds, Eastern District Supervisor, Solid Waste Section
Jessica Montie, Compliance Officer, Solid Waste Section
Jerod Roberts, Solid Waste Director, Cumberland County
Aaron M. Weispfenning, P.E., CDM Smith, Inc.
Tracy Jackson, Assistant County Manager for Support Services
Jeffery Brown, Director of Engineering and Infrastructure Department
State of North Carolina f Environmental Quality I Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910 433 3300