3003_NOD_20170324

State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919 707 8200
ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

March 24, 2017

CERTIFIED MAIL: 7015 1520 0002 6984 8891
RETURN RECEIPT REQUESTED

Mr. John Eller
123 South Main Street
Mocksville, NC 27028

SUBJECT: Notice of Deficiency
Compliance Inspection Report
Closed Davie County MSW Landfill – 30-01
Closed Davie County C & D Landfill – 30-03
Davie County

Dear Mr. Eller:

On January 31, 2017, Kim Sue and Charles Gerstell, representing the State of North Carolina,
Division of Waste Management Solid Waste Section (Section), inspected the above referenced
facilities for compliance with North Carolina solid waste statutes and rules. John Grey, Grey
Engineering and Johnny Lambert, Davie County Public Utilities Director were present and
represented both facilities during the inspections. The following violation was noted at each
facility:

A. 15A NCAC 13B .0510(c) states: “When a solid waste disposal site has been closed in
accordance with the requirements of the Division, future necessary maintenance and
water quality monitoring shall be the responsibility of the owner and the operator and
shall be specified in the closure letter”. Post Closure Condition Number 1 of Closure
Letter dated May 30, 1995 states: “Management of Landfill Gas: The owner and/or
operator shall take the measures necessary to ensure that the closed site shall
continue to meet the design standards for landfill gas found in Rule .0503(2)(a)”.

.0503(2)(a) states: “A site shall meet the following design requirements:
a. The concentration of explosive gases generated by the site shall not exceed
i. twenty-five percent of the limit for the gases in site structures
(excluding gas control or recovery system components); and
ii. the lower explosive limit for the gases at the property boundary”;

Davie County MSW & C&D Landfills
Notice of Deficiency
Page 2 of 3
March 24, 2017

Davie County is in violation of 15A NCAC 13B .0510(c) as a result of failing to meet the design
standards for landfill gas found in Rule .0503(2)(a) at both the closed Davie County MSW
Landfill (Permit No. 30-01) and the closed Davie County C & D Landfill (Permit No. 30-03).
During the inspections, it was determined that permanent methane monitoring devices were
never installed. There are no records showing that Davie County has performed explosive gas
monitoring at the closed municipal solid waste facility as required in the closure letter dated
May 30, 1995 nor records showing that Davie County has performed explosive gas monitoring
at the closed C & D Landfill as required in Rule 15A NCAC 13B .0503(2)(a).

Based upon the foregoing, Davie County shall come into compliance by June 30, 2017 with all
requirements of the regulations in 15A NCAC 13B by completing the following:

1. Develop a landfill gas monitoring plan and submit the plan to Elizabeth Werner, Permitting
Hydrogeologist, for review and approval.

Elizabeth Werner, Permitting Hydrogeologist
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]

Please also see the observed violations noted in the enclosed inspection reports regarding trees
growing on both of these landfills and be aware that there could be additional actions taken for
failure to rectify maintaining the integrity of the landfill caps.

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 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(s) to verify that the facility has completed the requirements of this Notice
of Deficiency.

If you have any questions, please contact me at [phone] or e-mail at [e-mail]

Davie County MSW & C&D Landfills
Notice of Deficiency
Page 3 of 3
March 24, 2017

Sincerely,

Kim Sue
Environmental Senior Specialist
Division of Waste Management/Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Compliance Officer - Solid Waste Section
Elizabeth Werner, Permitting Hydrogeologist
Johnny Lambert, Davie County Public Utilities Director