2615-LCID-2022_NOD_20221212

December 12, 2022

CERTIFIED MAIL 7015 0640 0007 8168 8261 RETURN RECEIPT REQUESTED

Cumberland County Solid Waste Director, Amanda Bader
Office of Solid Waste,
698 Ann Street, Fayetteville, NC 28301

SUBJECT: Notice of Deficiency Compliance Inspection Report
Wilkes Rd. LCID Landfill
2615-LCID-2022 Cumberland County

Dear Ms. Bader:
On 11/10/2022, Andrew Hammonds 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. Amanda Bader, Mike Renfro, Neil Cunningham, Tim Middleton,
were present and represented Cumberland County Solid Waste during this inspection. Scott Bost and Stacey
Smith with Smith and Gardner and Troy Lee with Lorman Grading were also present The following violation(s)
were noted:

A. 15A NCAC 13B .0203 (c) - Before receiving solid waste at a newly permitted facility, an inspection shall
be made by a representative of the Division to assure that the site is prepared in accordance with the
permit, and the permit shall be recorded in accordance with G.S. 130A-301. (Also, reference Permit
Attachment 2, Part V, 11.)

B. 15A NCAC 13B .0565 (e) - Modifications to the plans. The owner or operator may request to modify
plans that were incorporated into the permit by submitting a written request to the Division that includes
the modified plan and a demonstration showing how the proposed modifications comply with the rules
of this Section. The Division shall respond to the request in writing within the timeline provided in G.S.
130A-295.8(e); and the response shall either approve or deny the request as submitted or request that
additional information be submitted for the Division to consider the request. The Division's approval
shall be based on whether the modification complies with the rules of this Subchapter. If the Division
approves the request as submitted or upon receiving the additional information requested, the
Division's written approval and the revised pages of the plan shall be added to the site's operating record.
The owner or operator shall not implement the modification until the Division has issued an approval.
(Also, reference Permit Attachment 3, Part V, 16.)

In recent months, fires have been reported at Wilkes Road Facility, one on 9/28/2022 and again on
10/28/2022. The fire on 9/28/2022 was an electrical fire on a bulldozer. The fire on 10/28/2022 was in a
large pile near center of facility being processed and grinded, before composting. This last fire caused a problem
with operations at Wilkes Road Compost side of facility. According to CCSW, operations needed to be moved for
Cumberland County Solid Waste
Director, Amanda Bader
Wilkes Rd. LCID Landfill Notice of Deficiency
Page 2 of 3
12/12/2022

space and fire containment/management. However, a preoperational inspection had not been conducted by
that time for the newly permitted LCID and changes in operations not submitted, or approved, by the Section.
During the 11/10/2022 inspection, it was determined that all conditions for pre-operation were not met and not all structures/units were constructed according to approved plans. Although, during email conversations
between fire notifications and the 11/10/2022 inspection, Cumberland County and its representatives
discussed moving operations to atop the newly permitted LCID, permission was not given or approved at that time to do so. Mr. Powell had not submitted notification to Section permitting that the site met preoperational
conditions and an engineer certification letter had not been received by the Section.
The above violations may have or can compromise the facility’s ability to ensure protection of the public health
and the environment and thus require remedial action on behalf of the facility in order to maintain compliance
with 15A NCAC 13B .0203 (c) and .0565 (e). Based upon the foregoing, Cumberland County shall come into compliance within 30 days receipt of this Notice with all requirements of the regulations in 15A NCAC 13B .0203
(c) and .0565 (e) by completing the following at the Wilkes Rd. LCID Landfill:

1. ALL modifications to any existing operations or approved plans should be submitted to Section
Permitting and approved.

2. All units and structures should be installed according to approved plans/permits.

3. Written certification from a registered professional engineer must be submitted to the Section certifying that the waste disposal unit(s) has been constructed in accordance with the approved plans.

4. Prior to receiving waste at the new constructed cell or phase of the landfill, a site inspection and pre-
operative meeting may be conducted by a representative of the Section per Rule 15A NCAC
13B .0203(c). The permittee must notify the Section’s Senior Environmental Specialist and make
arrangements for the site inspection and pre-operative meeting.

5. Notify David Powell, Environmental Senior Specialist on progress and or completion of corrective
actions. A follow up inspection will follow approximately 30 days after receipt of this letter.

6. All operations should be in accordance with rule, permit and approved operations plan.

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.
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 Deficiency.

Cumberland County Solid Waste
Director, Amanda Bader
Wilkes Rd. LCID Landfill Notice of Deficiency
Page 3 of 3
12/12/2022

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 - Solid Waste Section
Andrew Hammonds, Eastern District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer - Solid Waste Section
Cumberland County Interim County Manager, Renee Paschal