1203_BurkeCDLF_SWS_SiteSuit_CA_Letter_DIN27500_20170327

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

March 27, 2017

Mr. Chris Hollifield
General Services Director
Burke County
PO Box 1486
Morganton, NC 28680

Re: Permit No. 1203-CDLF-2014
Burke County Johns River Waste Management facility
C&D Landfill Expansion Conditional Site Suitability – Facility Request for Re-evaluation
DIN 27500

Dear Mr. Hollifield:
On August 29, 2016, the Solid Waste Section (Section) received Joyce Engineering’s letter (DIN
27499), submitted on behalf of Burke County, requesting a reevaluation of site suitability for Phases
1B, 2B, and 3 of the active C&D landfill. The Section approved a conditional site suitability for the
landfill expansion on February 28, 2014 (DIN 20647) that determined the proposed Phases 1B, 2B,
and 3 were not suitable for landfill construction due to existing groundwater contamination from
the adjacent CD over MSW landfill. At that time, the Section also requested monitoring and
assessment in this expansion area over the next two years before reevaluating site suitability for
construction at Burke County’s request. Conditions for constructing Cell 1B (and by extension, Cells
2B & 3) were further listed in the 2015 Permit to Construct/Operate (DIN 25226) and are dependent
on “successful mitigation and remediation of groundwater contamination, and upon written approval from
the Section,” (Attachment 2, Part III #18 of the current PTC/PTO).

In the letter requesting reevaluation, Joyce presented a summary of the landfill gas and groundwater
monitoring data collected in the subject area from February 2013 to May 2016. Landfill gas
abatement had been approved as a remedy in the amended CAP as one means of addressing
groundwater contamination and was implemented in late 2013. LFG data presented by Joyce
indicates that while passive gas venting appears to at least be stabilizing gas migration, landfill gas
remains a source for groundwater contamination in the subject area. Groundwater monitoring data
from seven wells within the vicinity of phases 1B, 2B, and 3 indicate a similar trend with elevated
levels of VOCs concentrated in the southwest portion of this area, including the proposed waste
boundary footprint.

Page 2

Based on the Section’s evaluation of the data presented and given the proximity of landfill gas
exceedances and elevated contaminants still present in the groundwater in the subject area
(including within the proposed landfill footprint), as well as not meeting the permit conditions for
‘successful mitigation and remediation of groundwater condition’, the request for site suitability approval
for Phases 1B, 2B, and 3 is not being issued by the Section.

Please note that the Division has not approved permitting of unlined landfills in areas of known
groundwater contamination. One of the prime tests of site suitability is the ability to monitor the
landfill unit and distinguish between releases from different discrete units. The proposed phases in
question do not meet this requirement.

Corrective Action – CD over MSW
In addition, water quality analytical data and methane gas readings collected since the
implementation of the corrective action in 2008 still indicate groundwater exceedances of Appendix
I and II constituents beyond the relevant point of compliance and methane gas exceedances beyond
the facility boundary for the adjacent closed and unlined C&D Over MSW landfill. Based upon the
County’s approved Addendum to Corrective Action Plan dated August 23, 2013 (DINs 19615, 19616,
and 19655) and the County’s approved Revised November 2008 Burke County John’s River Waste
Management Facility Corrective Action Plan (DINs 6585 and 6681), the selected remedy does not appear
to be working as effectively as designed. Burke County must take all measures necessary to ensure
the protection of public health and the environment. Therefore, in accordance with 15A NCAC 13B
.1637, the Section requests implementation of the County’s corrective action contingency plans.
Within 90 days of receipt of this letter, please provide the Section with the proposed alternate
remedy and implementation schedule.

If you have any questions regarding these decisions, please feel free to contact me at [phone]
and [e-mail] or Jackie Drummond at [phone] and
[e-mail].

With Best Regards,

Perry Sugg, PG
Permitting Hydrogeologist
Solid Waste Section

Cc: Van Burbach, PG - Joyce Engineering
Bryan Steen – Burke County Manager
Ed Mussler - SWS Permits Branch Supervisor
Allen Gaither – SWS Permits Engineer
Jason Watkins – SWS Field Operations Branch Supervisor
Deb Aja – SWS Western FOB Supervisor
Kris Riddle – SWS Environmental Specialist