SW_F_2610-COMPOST-2011_20170831_E_NOV

September 5, 2017

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0820 0000 2474 1459

Amy H. Cannon
Cumberland County Manager
117 Dick Street, Room 512
Fayetteville, NC 28301

SUBJECT: Notice of Violation
Compliance Inspection Report
Wilkes Rd. Compost Facility
Permit No. 2610-Compost
Cumberland County, North Carolina

Dear Mrs. Cannon:

On August 30th - 31st and September 1, 2017, Amanda Freeman, representing the State of North
Carolina, Division of Waste Management Solid Waste Section (Section), conducted partial inspections
of the above referenced facility for compliance with North Carolina solid waste statutes and rules.
The inspections were scheduled to check the site for compliance based on the conditions observed
at the time of the July 11, 2017 compliance inspection as well as to determine the status of the fire
that reportedly started on August 26, 2017. Facility operator, Bruce Cummings, was present and
represented the Cumberland County Wilkes Rd. Compost Facility during this inspection. The
following violations represent both outstanding issues from the July 11th inspection and also new
violations observed during the above dates.

During the July 11, 2017 inspection, the following violations were observed and provided to the
facility in a report dated July 25, 2017:

A. 15A NCAC 13B .1406 OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOST
FACILITIES
Any person who maintains or operates a solid waste compost facility shall maintain and
operate the site to conform with the following practices:
(1) Plan and Permit Requirements: (A) Construction plans and conditions of permit shall
be followed;

Cumberland County is in violation of the above rule in that glass was observed along the
facility road and mixed with compost. The County had not sought or received approval to use
waste glass as road base at this facility. Any changes to the approved operations or the permit
for this facility must be submitted to and approved by the permitting branch before
proceeding.

B. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEARING/INERT DEBRIS (LCID)
LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shall meet the following operational
requirements:
(1) Operational plans shall be approved and followed as specified for the facility.

Cumberland County is in violation of the above rule in that the waste storage area over the
closed LCID landfill was larger than previously approved. Per the response to Wilkes Road
Improvements to Site Operations Report, “only a portion of the pad for the storage area for
wood material over the LCID was constructed, instead of the entire LCID area as proposed
in the application. If the storage area is to be expanded in the future, cover thickness
verification will need to be submitted.” The area being utilized for storage has well exceeded
the originally permitted 0.56-acres. It was also brought to the Section’s attention that the
cover used as a pad, beyond what was initially approved, is composed of compost from the
adjacent Large Type 1 Compost Facility.

During the most recent inspection dates, these additional violations were observed and are
outlined in the attached inspection report:

C. 15A NCAC 13B .0203 PERMIT APPROVAL OR DENIAL
(d) By receiving solid waste at a permitted facility, the permittee(s) shall be considered to
have accepted the conditions of the permit and shall comply with the conditions of the
permit.

15A NCAC 13B .1406 OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOST
FACILITIES
Any person who maintains or operates a solid waste compost facility shall maintain and
operate the site to conform with the following practices:
(1) Plan and Permit Requirements: (A) Construction plans and conditions of permit shall be
followed;

Cumberland County is in violation of the above rule by not complying with the following
2610-Compost permit conditions;

ATTACHMENT 3, CONDITIONS OF OPERATING PERMIT, PART I: COMPOST AND WOOD
WASTE MANAGEMENT OPERATION:

9. Improvements to the site operation, as discussed in the permit application, must be in
place by July 1, 2015. These improvements include: preparing the LCID landfill cover for use

as a storage area for wood material and mulch, reducing the size of mulch piles onsite to no
larger than 30 feet high and 50 feet wide, moving wood waste/mulch and compost piles at
least 25 feet from drainage ditches, and installation of boundary markers. A report of the
preparation of the additional soil cover placed on the LCID must be submitted to the Section
by July 10, 2015.

17. Stockpiling of all curing and finished compost, and unprocessed and processed wood
material/mulch, must be limited to a maximum of 30 feet high and 50 feet wide.

19. Storage of wood and mulch material is approved for operation on top of the closed
landfill. Composting is not approved on top of the closed landfill.

Based upon the foregoing, the Wilkes Rd. Compost Facility shall come into compliance by
October 9, 2017, with all requirements of the regulations in 15A NCAC 13B .1406(1)(A), .0566(1),
and .0203(d) by completing the following:

1. Take actions necessary to fully extinguish any remaining fire(s) at the facility. Any ash
material resulting from the fire must be disposed of in the permitted MSW landfill.
2. Stop all composting operations taking place over the closed LCID landfill.
3. All waste and leaf debris must be removed from the cap of the closed LCID landfill and
properly processed or disposed.
4. All processed and unprocessed wood waste/mulch and compost pile size must be reduced
to no larger than 30 feet high by 50 feet wide.
5. All compost and/or mulch contaminated with glass must be removed and disposed at a
permitted municipal solid waste facility.
6. All glass must be removed from the roads and disposed of at a permitted municipal solid
waste facility.
7. The Wilkes Rd. Compost Facility shall provide a written certification with supporting
documentation on county letterhead confirming the noted compliance schedule has been
completed. Include in this certification any actions taken to prevent these violations from
occurring in the future. Mail this certification to Amanda Freeman, 225 Green St. Suite 714,
Fayetteville, NC 28301

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
Violation.

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

Sincerely,

Amanda Freeman
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Copies via email: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Jessica Montie, Environmental Program Consultant
Donna Wilson, Permitting Engineer
Jerod Roberts, Cumberland County Solid Waste Director
Tracy Jackson, Assistant County Manager for Support Services