5403_NOV_20240424

North Carolina Department of Environmental Quality | Division of Waste Management
127 Cardinal Drive Ext. | Wilmington, North Carolina 28405
910-796-7215

April 24, 2024

CERTIFIED MAIL 7013 0600 0001 7442 0304
RETURN RECEIPT REQUESTED

Ms. Kim Hill
Lenoir County Solid Waste Director
2949 Hodges Farm Rd.
La Grange, NC 28551

RE: Notice of Violation
Lenoir County C&D Landfill
Permit #5403-CDLF-1997
Permit #5403-MSWLF-1981
2949 Hodges Farm Rd.
La Grange, NC 28551

Dear Ms. Hill,

On April 17, 2024, Ms. Liz Patterson and Mr. 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 .0542(f)(2) states “Except as provided in Subparagraph (4) of this Paragraph, the owners and operators of all C&DLF units shall cover the solid waste with six inches of earthen material when the waste disposal area exceeds one-half acre and no less than once weekly. Cover
shall be placed at more frequent intervals if necessary to prevent the escape of waste and the attraction of vectors and scavenging, and to minimize fires and the generation of odors. A notation of the date and time of the cover placement shall be recorded in the operating record as
specified in Paragraph (n) of this Rule.”

The sloped area at/near the working face was observed to have no earthen cover material placed for some time. Facility staff stated they had been covering with mostly ground mulch and facility
is almost out of dirt in the borrow pit.

North Carolina Department of Environmental Quality | Division of Waste Management
127 Cardinal Drive Ext. | Wilmington, North Carolina 28405
910-796-7215
Lenoir County CDLF Notice of Violation
Page 2 of 3
April 24, 2024
B. 15A NCAC 13B .0542(l)(4) states in part “Leachate shall be contained on-site or treated prior to discharge”

15A NCAC 13B .0203(d) states “By receiving solid waste at a permitted facility, the permittee shall be considered by the Department to have accepted the conditions of the permit and shall comply with the conditions of the permit.”

Part III, #43 of the approved permit states: The integrity and effectiveness of the cap system
must be maintained. Maintenance and repairs to the cover must be conducted as necessary to correct the effects of settlement, subsidence, erosion, or other events, and to prevent surface water from impounding over waste, and run-on and run-off from eroding or otherwise damaging the cap system. Mowing and removal of trees on the final cover is required at least once per year.
Multiple leachate seeps noted on the northwestern side of the closed portion of the
MSWLF(capped and closed in 1998). Leachate was observed to have migrated nearly to the toe
of the landfill slope and the stormwater ditch. During landfill maintenance or during routine landfill inspections, staff should have observed and made attempts to correct these matters in
accordance with the rules and permit.
Based upon the foregoing, upon receipt of this Notice of Violation, Lenoir County shall come into compliance with all applicable requirements of the regulations in 15A NCAC 138 .0542 and the Permit to Operate by completing the following: 1. Immediately provide a minimum of six (6) inches of soil cover over all exposed waste at the CDLF. All waste shall be covered within 10 working days of receipt of this Notice. 2. Identify the cause of the leachate seeps and take action to stop the releases. Some areas may simply need additional soil cover however the larger flows may require excavation, recompacting of waste and covering of the area. 3. Contact Perry Sugg (Environmental Compliance Branch Head) at
[e-mail] or [phone], or Christine Ritter(hydrogeologist) at
[e-mail] or [phone], to determine the sampling protocol
for the leachate release.
All corrective measures must be completed within 30 days’ receipt of this notice of violations. 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 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
North Carolina Department of Environmental Quality | Division of Waste Management
127 Cardinal Drive Ext. | Wilmington, North Carolina 28405
910-796-7215
Lenoir County CDLF Notice of Violation
Page 3 of 3
April 24, 2024
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 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 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)
796-7405 or e-mail at elizabeth.patterson@@deq.nc.gov.

Sincerely, Liz Patterson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Solid Waste Section Chief Solid Waste Section Drew Hammonds, Eastern District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer - Solid Waste Section Perry Sugg, Environmental Compliance Branch Head – Solid Waste Section Christine Ritter, Hydrogeologist - Solid Waste Section Michael James, Lenoir Co Manager ([e-mail])