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Home My WebLink About0803_NOV_20210712North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 July 12, 2021 CERTIFIED MAIL: 7017 2400 0000 5484 4024 RETURN RECEIPT REQUESTED East Carolina Regional Landfill 1922 Republican Road Aulander, North Carolina 27805 SUBJECT: Notice of Violation Compliance Inspection Report East Carolina Regional Landfill 0803-MSWLF-1993 Bertie County Dear Mr. Joseph Dehner, On June 29, 2021, John College and Andrew Hammonds, representing the State of North Carolina, Division of Waste Management Solid Waste Section Field Operations Branch, inspected the above referenced facility for compliance with North Carolina solid waste statutes and rules. Joseph Dehner, Matt Einsmann and Carldelle Patrick were present and represented Republic Services of North Carolina during this inspection. The following violations were noted: A - 15A NCAC 13B .1626 OPERATIONAL REQUIREMENTS FOR MSWLF FACILITIES: (2) Cover material requirements; (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. (c) Areas which will not have additional wastes placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover. (7) Erosion and sedimentation control requirements. (a) Adequate sediment control measures (structures or devices), shall be utilized to prevent silt from leaving the MSWLF facility. (b) Adequate sediment control measures (structures or devices), shall be utilized to prevent onsite erosion. (c) Provisions for a vegetative ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of MSWLF development. (8) Drainage control and water protection requirements; (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 North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 Joseph Dehner/Republic Services of North Carolina East Carolina Regional Landfill Notice of Violation Page 2 of 3 July 12, 2021 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. Based upon the foregoing, Joseph Dehner/ Republic Services of North Carolina shall come into compliance by August 30, 2021, with all requirements of the regulations in 15A NCAC 13B .1626 Operational Requirements for MSWLF Facilities (2) (a, b & c), (7) (a, b & c) and (8) (d) by completing the following at the East Carolina Regional Landfill; 1. Immediately apply six inches of soil cover to all areas of exposed waste, including areas along the service road to the top of the landfill and any areas of exposed waste due to erosion. Make sure all other areas of the landfill also have adequate soil cover as required by rule. 2. In response to the leachate release, immediately identify the cause of the release and seeps and take action to stop it. Within 10 days of receipt of this report, submit a Sampling Plan for Section approval prior to sampling. The proposed plan shall be submitted in electronic format sent via email to John College at john.college@ncdenr.gov and Christine Ritter at christine.ritter@ncdenr.gov and meet the following requirements: a. Include a map/aerial photo depicting area of impact and proposed sampling locations; b. Provide a description of the proposed sampling methodology; and c. 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; i. Subsurface soil samples shall be collected between one to two feet below ground surface; ii. Discrete soil samples shall be collected. Composite samples will not be accepted; and iii. 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. 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: a. A summary of the leachate release, actions taken to address the release, and the release assessment; b. A map/aerial photo depicting the sampling locations; c. A table of the surface water analytical results compared to the NCDWR Surface Water Quality Standards & Protective Values; d. 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; e. The associated laboratory reports from the NC certified laboratory including the chain of custody f. The sampling methodology, if different from the proposed plan; and North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 Joseph Dehner/Republic Services of North Carolina East Carolina Regional Landfill Notice of Violation Page 3 of 3 July 12, 2021 g. Conclusions and recommendation Joseph Dehner/Republic Services of North Carolina 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 John College, P.O. Box 782, Columbia, North Carolina, 27925 - 0782 The violations 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. 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 919.268.1524 or e-mail john.college@ncdenr.gov. Sincerely, John College Environmental Specialist II Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Chris Hollinger, Compliance Officer Christine Ritter, Section Hydrogeologist Sherri Stanley, Permitting Branch Head Joseph Dehner, Republic Services of NC, General Manager Matt Einsmann, PE, Republic Services, Environmental Manager Cardelle (Pat) Patrick, Republic Services, Operations Manager