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HomeMy WebLinkAbout3301_NOV_20211117North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 November 17, 2021 CERTIFIED MAIL: 7017 2400 0000 5484 3836 RETURN RECEIPT REQUESTED Edgecombe County C&DLF 2797 Colonial Road Tarboro, North Carolina 27886 SUBJECT: Notice of Violation Compliance Inspection Report Edgecombe County C&DLF 3301-CDLF-1997 Edgecombe County Dear Mr. Eric Evans, On June November 08, 2021, John College, 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. Mr. Eric Evans (Edgecombe County Manager) and Ms. Gloria Moseley (Edgecombe County CDLF Administration Assistant), were present and represented Edgecombe County, North Carolina during this inspection. The following violation was noted: 15A NCAC 13B .0542 OPERATION PLAN AND REQUIREMENTS FOR C&DLF FACILITIES (l) Drainage control and water protection requirements: (4) Leachate shall be contained on-site or treated prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface waters. Based on the foregoing, upon receipt of this Notice of Violation, Edgecombe County shall come into compliance with all applicable requirements of the regulations in 15A NCAC 13B and the operations plan by completing the following: 1. In response to the leachate release, immediately identify the cause of the release and seeps and take action to stop it. 2. 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, Christine Ritter at christine.ritter@ncdenr.gov and Diana Felix at diana.Felix@ncdenr.gov and meet the following requirements: a. Include a map/aerial photo depicting area of impact and proposed sampling locations; North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 Eric Evans, Edgecombe County Manager Edgecombe County, North Carolina Notice of Violation Page 2 of 3 November 17, 2021 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 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 g. Conclusions and recommendation Mr. Eric Evans of Edgecombe County North Carolina shall provide a written certification with supporting documentation on county 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 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. North Carolina Department of Environmental Quality | Division of Waste Management P.O. Box 782, Columbia, North Carolina, 27925 – 0782 919.268.1524 Eric Evans, Edgecombe County Manager Edgecombe County, North Carolina Notice of Violation Page 3 of 3 November 17, 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 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 Diana Felix, Permitting Branch