YWN-66-002_NOV_20240617

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
June 17, 2024
CERTIFIED MAIL 9589 0710 5270 0597 7450 22
RETURN RECEIPT REQUESTED
Town of Gaston
Attn: Mayor Deborah James
223 Craige Street
Gaston, North Carolina 27832
RE: Notice of Violation
Town of Gaston Yard Waste Facility
Notification # YWN-66-002
Porch Drive
Gaston, North Carolina
Dear Mayor James,
On June 13, 2024, Ms. Amanda Thompson, 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 Rules and Statutes. The following violation(s) were
noted:
A. 15A NCAC 13B .1402 (g) (1)(1)), "the facility shall not be located over a closed -out
disposal site."
The Town of Gaston Yard Waste Facility is in violation of 15A NCAC 138.1402 (g) (1)(D) in
that the yard waste facility has been located on top of a Pre -Regulatory Landfill (PRLF).
The Section has requested in previous inspection reports and a technical assistance
meeting that the Town of Gaston remove all yard waste from the facility. At the time of
this inspection, it appeared that none of the previously identified waste had been removed
from the facility.
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 -
cePaemeMofE"a—emaiQuality /� 910.433.3300

Town of Gaston
Notice of Violation
Page 2 of 3
June 17, 2024
B. 15A NCAC 13B .1406 (6), "A site shall only accept those solid wastes that it is permitted
to receive,"
The Town of Gaston Yard Waste Facility is in violation of 15A NCAC 138 .1406(6) in that
unacceptable wastes such as plastic were identified within the yard waste area. And no
documentation has been provided to show proper disposal.
Based upon the foregoing, the Town of Gaston shall come into compliance within 30 days of
receipt of this letter with all requirements of the regulations in 15A NCAC 13B, by completing
the following:
1) Upon receipt of this Notice of Violation, cease dumping any waste at this site.
2) Contact Amanda Thompson at [phone] or [e-mail]
prior to beginning any cleanup operation to discuss proper documentation and
procedures. Contact Analee Thornburg, Pre -Regulatory Landfill Group, at (919)
508-8420 or [e-mail], to determine any special
requirements for removing the waste from the top of the PRLF.
3) Remove all yard waste from the site, and properly dispose of it in a facility
permitted by the Division of Waste Management. (Please note that burning of
the waste is prohibited and would be a violation of the North Carolina Air Quality
Rules).
4) Provide proof of disposal by submitting all solid waste management facility
receipts where the waste is disposed to the Solid Waste Section. Provide
certification verifying that closure has been completed in accordance with the
Rules provided. Receipts for disposal of all the waste and closure certification
should be mailed to the following address:
Amanda Thompson
[e-mail]
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, INC 28301
5) 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.
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 corrective
measures have been completed to bring this facility into compliance. The Town of Gaston shall
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLINA -
oepa�amoren.ironmemaiauar� /� 910.433.3300

Town of Gaston
Notice of Violation
Page 3 of 3
June 17, 2024
provide written certification with supporting documentation confirming the noted compliance
schedule has been completed. Include in this certification any actions taken to prevent these
violations from occurring in the future. The written certification with supporting documentation
should be mailed to the above -mentioned address for Amanda Thompson.
The violations listed above were observed by Section staff and require action on behalf of the
Town of Gaston 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 Town of Gaston 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 during the solid waste removal process. This office will conduct follow-
up inspections in order to verify your progress. Upon completion, a final inspection will be
conducted to verify that the removal of solid waste has been completed per the requirements of
this Notice of Violation.
If you have any questions regarding this matter, please contact me at please contact me at (910)
433-3352 or e-mail at [e-mail].
Sincerely,
Digitally signed by
Amanda
Amanda Thompson
Thompson late:24.06.17
14:56:56:0303 04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
copies: Andrew Hammonds, Field Operations Branch Head
Chris Hollinger, Compliance Officer
Analee Thornburg, Pre -Regulatory Landfill Group
D FNorth Carolina Department of Environmental Quality I Division of Waste Management
aye
EQ �� tteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLINA -
Department orEnvironmental auar; /� 910.433.3300