7803-MSWLF-1997_NOV_20221222

December 22, 2022

CERTIFIED MAIL 7009 3410 0001 6831 4302 RETURN RECEIPT REQUESTED

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 December 6, 2022, 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 12/6/2022, large areas of exposed waste were observed sporadically
along the top of the MSW landfill and its older cells, the new phases 5 and 6, and along perimeter haul
road at the time of this inspection. All exposed waste must be covered in accordance with the rules at
the end of each working day and should be logged daily according to permit/rule. Cover issues have
been addressed in prior inspections and appears to be an ongoing problem at this facility.
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, on 12/6/2022, windblown litter was observed along the top of the MSW
landfill and the older cells, the new phases 5 and 6, and along perimeter haul road. Windblown litter
should be picked up at the conclusion of each day and returned to the working face and covered
appropriately. Better cover would solve this issue as well. Cover issues have been addressed in prior
inspections and appears to be an ongoing problem at this facility.

C. 15A NCAC 13B .1626 (4)(c) - If explosive gas levels exceeding the limits specified in Sub-item (a) of this
Item are detected, the owner or operator shall: (i) upon discovery of detection, notify the Division and
take any steps that may be necessary to ensure protection of human health, such as evacuation or
monitoring of offsite structures for explosive gases; (ii) within seven days of detection, place in the
Robeson County Landfill
Notice of Violation
Page 2 of 3 December 22, 2022

operating record the explosive gas levels detected and a description of the steps taken to protect human
health; and (iii) within 60 days of detection, implement a remediation plan for the explosive gas releases, place a copy of the plan in the operating record, and notify the Division that the plan has been
implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.
Methane monitoring is done in house with a handheld meter. It is not calibrated but once a year and
failed some of the tests indicated on the form. Some of the methane monitoring results were over the
25 % LEL for Methane and should have been reported to Solid Waste Section for multiple monitoring events this year, along with other requirements. Records of the three sampling events for methane this
year were sent to Elizabeth Werner via email by David Powell on 12/7/2022, along with the recent
calibration and photo of the instrument the county used to do their self-monitoring. Mr. Walters also indicated that the blower and flare system for venting methane was down for maintenance and no
backups were available. Mr. Powell indicated that the County needed to report this to Division of Air
Quality if it conflicted with the permit with DAQ. Robeson County Landfill needs to communicate with
Elizabeth Werner on Methane Monitoring and the previous sampling results for 2022.
([e-mail] or 919.707.8253). A remediation plan needs to be constructed and
implemented, please work with Elizabeth Werner on this plan.

Based upon the foregoing, Robeson County Landfill shall come into compliance by within 60 dates receipt of this
Notice with all requirements of the regulations in 15A NCAC 13B .1626 (2) (a), (11)(c) and (4)(c) by completing
the following at the Robeson County:

A. All exposed waste should be covered and sloped appropriately. Cover must be placed at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. A notation
of the date, type of cover and time of the cover placement must be recorded in the operating record,
maintained and available for inspection.

B. Windblown wastes and all wastes outside “Edge of Waste” should be picked up and returned to working
face, covered appropriately.

C. Areas which will not have additional wastes placed on them for three months or more, but where final
termination of disposal operations has not occurred, must be covered and stabilized with vegetative
ground cover or other stabilizing material.

D. Follow up with Section Hydrogeologists concerning methane monitoring at Robeson County Landfill, and
appropriate corrective actions. This at a minimum should consist of the following: within seven days of
detection, place in the operating record the explosive gas levels detected and a description of the steps
taken to protect human health; and (iii) within 60 days of detection, implement a remediation plan for
the explosive gas releases, place a copy of the plan in the operating record, and notify the Division that
the plan has been implemented. The plan shall describe the nature and extent of the problem and the
proposed remedy. Send copies of the remediation plan to David Powell and Section permitting via email.

E. Ensure that the landfill is being operated in accordance with permit and approved operations plan. Any
operational changes should be approved by permitting before they are implemented.

F. Notify David Powell, Environmental Senior Specialist of completion of corrective actions. A follow up inspection will follow after the 60 days’ receipt of this NOV deadline for corrective actions.

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
Robeson County Landfill
Notice of Violation
Page 3 of 3 December 22, 2022

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 (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
Sherri Stanley, Permitting Branch Head – 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