5503_NOD_20120229

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February 29, 2012

CERTIFIED MAIL 7006 2150 0005 2458 9693
RETURN RECEIPT REQUESTED

George Wood – Lincoln Co. Manager
115 W. Main St.
Lincolnton, NC 28092

SUBJECT: Notice of Deficiency
Compliance Inspection Report
Lincoln County MSW and C&D Landfill
55-03]
Lincoln County

Dear Mr. Wood,

On February 22, 2012 Bill Wagner 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 Statues and Rules. Mark Bivins was present representing the Lincoln County Municipal Solid
Waste (MSW) and Construction and Demolition (C&D) landfill. During this inspection, the following items
were noted and/or observed:

A. 15A NCAC 13B .1604(b)(2)(C) states “Duty to Provide Information. The permittee shall furnish to the
Division, any relevant information which the Division may request to determine whether cause exists
for modifying or revoking this permit, or to determine compliance with this permit. The permittee
shall also furnish to the Division, upon request, copies of records required to be kept by this permit.”

Lincoln County is in violation of 15A NCAC .1604(b)(2)(C) by failing to provide the information
requested in the “Facility Compliance Audit Report” dated February 15, 2011:

“Landfill gas monitoring well #6 (MMS-6) should be monitored on a bi-weekly or monthly
basis for at least three months. If landfill gas exceedances above the LEL are still present
after the three month period, then a landfill gas corrective action plan is required.”

North Carolina Department of Environment and Natural Resources

Dexter Matthews, Director Division of Waste Management Beverly Eaves Perdue, Governor
Dee Freeman, Secretary

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Methane was detected in MMW-6 above the regulatory limit of 5% of the lower explosive limit
(LEL) for methane in June 2011. (This monitoring point is located west of Phase I of “Area D” of the
MSW landfill unit.)

The above deficiency may have or can compromise the facility’s ability to ensure protection of the public
health and the environment and thus require remedial action on behalf of the facility in order to achieve
compliance with 15A NCAC 13B .1604(b)(2)(C). Within 60 days from receipt of this Notice, the facility must
complete the following:

“Corrective Actions”

Submit a landfill gas corrective action plan for review and approval to:

Jaclynne Drummond – Compliance Hydrogeologist
Division of Waste Management – Solid Waste Section
Mail Service Center 1646
Raleigh, NC 27699-1646

Failure to comply with this schedule may subject the facility and/or all responsible parties to enforcement
actions including a notice of violation, civil penalty, 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. Pursuant to N.C.G.S. 130A-22(a)
and 15A NCAC 13B .0701-.0707, an administrative penalty of up to $15,000.00 per day may be assessed for
each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9
of Chapter 130A of the N.C. General Statutes.

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

Sincerely,

Bill Wagner
Environmental Senior Specialist
Solid Waste Section

ec: Mark Poindexter, Field Operations Branch Supervisor – Solid Waste Section
Jason Watkins, Western District Supervisor – Solid Waste Section
Shawn McKee – Solid Waste Section
Jaclynne Drummond – Compliance Hydrogeologist – Solid Waste Section
Mark Bivins, Lincoln County Landfill Operations Supervisor ([e-mail])