7803-MSWLF-1997_NOV_20210706

July 6, 2021

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 0090 0001 7206 9689

Gene Walters, Solid Waste Director
Robeson County,
246 Landfill Rd., St. Paul’s, NC 28384

SUBJECT: Notice of Violation Compliance Inspection Report
Robeson County MSWLF
7803-MSWLF-1997
Robeson County

Dear Mr. Gene Walters:
On June 9, 2021, Amanda Thompson and 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. Gene Walters and Kristina Locklear-Cummings were present and
represented Robeson County Landfill during this inspection. The following violation(s) were noted:

A. 15A NCAC 13B .1626 (2) (a) – Except as provided in Sub-Item (b) of this Item, the owners or operators
of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of
each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.

At the time of the inspection on June 9, 2021, large areas of exposed waste were observed sporadically along the top of the landfill, along beside the haul road and the slopes of the MSWLF.

B. 15A NCAC 13B .1626 (11) (c) – Methods such as fencing and diking shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion of each day of operation, all
windblown material resulting from the operation shall be collected and returned to the area by the owner
or operator.
At the time of this inspection, windblown litter was observed along the east side slope and road to top
of the working face.
C. 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.
At the time of this inspection, Section staff discovered a large, impounded area of leachate outside of
the edge of waste (EOW), right beside the bottom of access road to the working face of the MSWLF and
outside of the leachate collection system.

Robeson County Landfill Notice of Violation
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July 6, 2021

D. General Statute § 130A-309.10. (f) Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited. (7) - Whole
scrap tires, as provided in G.S. 130A-309.58(b). The prohibition on disposal of whole scrap tires in
landfills applies to all whole pneumatic rubber coverings but does not apply to whole solid rubber coverings.

At the time of this inspection, Section staff observed multiple scrap tires in and around the working face of the MSWLF.

E. General Statute § 130A-309.10. (f) Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited. (12) -
Wooden pallets, except that wooden pallets may be disposed of in a landfill that is permitted to only
accept construction and demolition debris.
At the time of this inspection, Section staff discovered multiple painted wooden pallets in the MSWLF
working face. Before inspectors could inform County, the pallets were crushed and pushed into other waste on the MSWLF working face.

F. General Statute § 130A-309.10. (f) Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited. (15) -
Discarded televisions, as defined in G.S. 130A-309.131.
At the time of this inspection, Section staff discovered multiple Cathode Ray Tube Televisions on the
MSWLF working face. Before inspectors could inform County, they were crushed and pushed into other
waste on the MSWLF working face.
Based upon the foregoing, Robeson County Landfill shall come into compliance within 30 days’ receipt of this
Notice with all requirements of the regulations in 15A NCAC 13B .1626 (2) (a), (8)(d), (11) (c) and General Statute
§ 130A-309.10. (f)(7), (f) (12) and (f)(15) by completing the following at the Robeson County Landfill:
A. Please submit a Sampling Plan for Section approval prior to sampling. The proposed plan shall be
submitted in electronic format sent via email and meet the following requirements:

1. Include a map/aerial photo depicting area of impact and proposed sampling locations; 2. Provide a description of the proposed sampling methodology; and
3. Describe proposed subsurface soil sampling and surface water sampling (if applicable) 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; a. Subsurface soil samples shall be collected between one to two feet below ground surface;
b. Discrete soil samples shall be collected. Composite samples will not be accepted; and c. All soil and surface water samples shall be analyzed by a NC certified laboratory
for 40 CFR Part 258 Appendix I parameters (VOCs and Total Metals), total
phosphorus, sulfate, nitrate, and pH. B. After Section approval of the sampling plan, the plan shall be implemented within seven (7) days.
Within 10 business days after receiving the analytical results from the laboratory, submit
documentation regarding the sampling event which shall include the following:

1. A summary of the leachate release, actions taken to address the release, and the release
Robeson County Landfill Notice of Violation
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July 6, 2021

assessment;
2. A map/aerial photo depicting the sampling locations;
3. A table of the surface water analytical results compared to the NCDWR Surface Water Quality
Standards & Protective Values; 4. A table of the subsurface soil analytical results compared to the NCDEQ Preliminary Soil
Remediation Goals (PSRGs). Both the Residential Health Based and the Protection of
Groundwater PSRGs must be met; 5. The associated laboratory reports from the NC certified laboratory including the chain of custody
and QA/QC results;
6. The sampling methodology, if different from the proposed plan; and
7. Conclusions and recommendation.
Submit the results to Elizabeth Werner, Hydrogeologist, 1646 Mail Service Center, Raleigh, NC
27699-1646, [e-mail], 919-707-8253, Environmental Senior Specialist,
[e-mail], 919-280-5135. C. Cease accepting unapproved wastes into footprint of MSWLF.
D. Cover all exposed waste and maintain operations to cover waste daily.
E. Ensure slopes are being graded properly and maintained in accordance with the permit and approved
operations plan.
F. All windblown should be removed and exposed waste must be covered in accordance to the rules.
G. Ensure that approved erosion control measures are properly installed and maintained where severe
erosion has caused the waste to become exposed and contributed to leachate issues.
H. Inspect entire MSWLF for additional seeps, erosion and repair accordingly.
I. Cut shrubs and woody revegetation growing on and around the LF. J. Install additional EOW markers as necessary.
K. Ensure that the landfill is being operated in accordance with the permit and approved operations plan.
Any operational changes should be approved before they are implemented. Discuss with Section
Permitting to determine if an amendment is needed depending on changes.
L. Notify David Powell, Environmental Senior Specialist of completion of corrective actions. A follow up
inspection will follow within about 30 days’ receipt of this NOV.

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 any such further relief as may be necessary to achieve
compliance with the North Carolina Solid Waste Management Act and Rules.
Robeson County Landfill Notice of Violation
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July 6, 2021

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the operator 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
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor - Solid Waste Section
Benjamin Jackson, Engineering Project Manager – Solid Waste Section Amanda Thompson, Environmental Senior Specialist – Solid Waste Section
Chris Hollinger, Compliance Officer – Solid Waste Section
Elizabeth Werner, Hydrogeologist – Solid Waste Section Kristina Locklear-Cummings, Robeson County Solid Waste
Kellie Blue, County Manager, Robeson County