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HomeMy WebLinkAbout5103_NOV_20211115ROY COOPER Governor DIONNE DELLI-GATTI Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality November 15, 2021 CERTIFIED MAIL 7019 0700 0000 3643 4343 RETURN RECEIPT REQUESTED Mr. Rick Proctor Johnston County Solid Waste Director 680 County Home Road Smithfield, NC 27577 RE: Notice of Violation Johnston County Landfill Permit #s 5103-MSWLF, 5103-CDLF 680 County Home Road Smithfield, NC 27546 Dear Mr. Proctor, On November 8, 2021, Amanda Thompson and Drew Hammonds, 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. The following violation(s) were noted: A. 15A NCAC 13B .1626 (7)(d), "Leachate shall be contained within a line disposal cell or leachate collection and storage system." The Johnston County Landfill is in violation of 15A NCAC 13B .1626 (7)(d) in that leachate has not been contained on -site. At the time of this inspection, several leachate releases were identified along the toe of the southern slope of Phase 4A. The leachate was flowing down the drainage ditch and pooling around and flowing into the stormwater drain inlet, under the road and into the perimeter ditch. Based upon the foregoing, the Johnston County Landfill shall come into compliance within 30 days of receipt of this letter with all requirements of the regulations in 15A NCAC 13B .1626 (7)(d), by completing the following: D E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA _ oepanmemmEnvironmental a�ar� /� 910.433.3300 Johnston County Landfill Notice of Violation Page 2 of 3 November 15, 2021 1) In response to the leachate releases, immediately identify the cause of the releases and take action to stop the releases. Within 15 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 Amanda Thompson at Amanda.thompson@ncdenr.gov and Christine Ritter at Christine.ritter@ncdenr.gov and meet the following requirements: a. Include a map/aerial photograph depicting the 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 photograph 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); e. The associate laboratory reports from the NC certified laboratory including the chain of custody and QA/QC results; f. The sampling methodology, if different from the proposed plan; and g. Conclusions and recommendations 2) Implement sediment and erosion control measures at the property as required by the Sedimentation and Pollution Control Act to prevent any erosion from waste removal activities. Stabilize the site by re-establishing native vegetation in the affected areas. Re -seed and maintain as necessary to prevent erosion on the site. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA - oepanmamoren.ironmemaiaua" /� 910.433.3300 Johnston County Landfill Notice of Violation Page 3 of 3 November 15, 2021 All corrective measures must be completed within 30 days' receipt of this notice of violations, unless otherwise noted. A follow up site inspection will be conducted after 30 days have passed to ensure that the corrective measures have been completed to bring this facility into compliance. 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 activity. Be advised that pursuant to 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 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. However, if names and addresses of the persons who have dumped waste at the site are provided to the Section, Notice of Violation letters will be sent to those individuals as well. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions regarding this matter, please contact me at please contact me at (910) 433-3353 or e-mail at amanda.thompson@ncdenr.gov. Sincerely, Amanda Digitally signed by Amanda Thompson Thompson late:21.11.15 15:1:11:5353-05'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor Chris Hollinger, Compliance Officer D E Q � North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA _ Department of Environmental Quat� 910.433.3300