26007YWN_NOV_20220916

September 16, 2022

CERTIFIED MAIL 7020 1810 0002 1109 1261
RETURN RECEIPT REQUESTED

City Manager Doug Hewett,
City of Fayetteville 433 Hay Street
Fayetteville, NC 28301-5537
SUBJECT: Notice of Violation
Compliance Inspection Report
Milan Yard (PIN # 0448-11-0471) YWN-26-007
Cumberland County

Dear Mr. Doug Hewett:

On August 30, 2022, David Powell, Environmental Senior Specialist, 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 statutes and rules. The following violation(s) were noted:

A. 15A NCAC 13B .0105 (a) - The solid waste collector shall be responsible for the collection and
transportation of all solid waste to a solid waste management facility as defined in G.S. 130A-290 that is permitted by the Division.

The City of Fayetteville is in violation of the above rule in that it collected and transported solid waste to a property not permitted by the Division for that activity.

B. 15A NCAC 13B .0201 (a) - No person shall treat, process, store, or dispose of solid waste or arrange for
the treatment, processing, storage, or disposal of solid waste except at a solid waste management
facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).
The City of Fayetteville is in violation of the above rule in that it stored, disposed, and arranged for the
storing, processing and disposal of solid waste at a property that was not a solid waste management
facility permitted by the Division for such activity.

C. 15A NCAC 13B .0201 (b) - No person shall cause, suffer, allow, or permit the treatment, storage,
processing, or disposal of solid waste upon any real or personal property owned, operated, leased, or in
any way controlled by that person without obtaining a permit for a solid waste management facility from
the Division authorizing such activity, except as provided in G.S. 130A-294(b).

The City of Fayetteville is in violation of the above rule in that permitted the storage, processing, disposal
of solid waste on its own property without obtaining a permit for a solid waste management facility
from the Division authorizing such activity.

City Manager Doug Hewett, City of Fayetteville
Notice of Violation
Page 2 of 4
9/16/2022

D. 15A NCAC 13B .0201 (c) - No solid waste management facility shall be established, operated,
maintained, constructed, expanded, or modified without a valid permit issued by the Division for the
specified type of activity. It is the responsibility of every owner or operator of a proposed solid waste
management facility to apply for a permit for the facility. The term "owner" shall include record owners
of the land where the facility is located or proposed to be located and holders of any leasehold interest,
however denominated, in any part of the land or structures where the facility is located or proposed to
be located.

The City of Fayetteville is in violation of the above rule in that it established and operated a solid waste
management facility without a valid permit issued by the Division for the specified type of activity.

E. 15A NCAC 13B .1402 (g)(1)(D) - The following operations shall be exempt from the permitting
requirements in Rule .1401 of this Section: Small Type 1 Facilities meeting the following conditions:
the facility shall not be located over a closed-out disposal site.

The City of Fayetteville is in violation of the above rule in that it established and operated a solid waste
management facility over a closed Pre-Regulatory landfill (NCD980503031).

F. General Statute § 130A-309.05. Regulated wastes; certain exclusions. (c)(1) - Recovered material is
not subject to regulation as solid waste under this Article. In order for a material that would otherwise
be regulated as solid waste to qualify as a recovered material, the Department may require any person
who owns or has control over the material to demonstrate that the material meets the requirements of
this subsection. In order to protect public health and the environment, the Commission may adopt rules
to implement this subsection. Materials that are accumulated speculatively, as that term is defined
under 40 Code of Federal Regulations § 261 (July 1, 2014 Edition), shall not qualify as a recovered
material, and shall be subject to regulation as solid waste. In order to qualify as a recovered material,
the material shall be managed as a valuable commodity in a manner consistent with the desired use or end use, and all of the following conditions shall be met: Seventy-five percent (75%), by weight or
volume, of the recovered material stored at a facility at the beginning of a calendar year commencing
January 1, shall be removed from the facility through sale, use, or reuse by December 31 of the same
year.

The City of Fayetteville is in violation of the above rule in that it collected and stockpile recovered materials but has not managed it as a valuable commodity in a manner consistent with the desired use
or end use, and Seventy-five percent (75%), by weight or volume, of the recovered material stored at the
facility at the beginning of 2021 calendar year commencing January 1, was not processed or removed from the facility through sale, use, or reuse by December 31 of the same year.

Based upon the foregoing, the City of Fayetteville shall come into compliance within 30 days receipt of this Notice, with all requirements of the regulations in 15A NCAC 13B .0105 (a), .0201 (a), (b) and (c), .1402 (g)(1)(D) and
General Statute § 130A-309.05. (c)(1) by completing the following at the Milan Yard :
1) Upon receipt of this Notice of Violation, cease accepting waste at this site.

2) A Corrective Action Plan should be submitted to the Section that outlines the work to be done and a realistic timeframe that aligns with timeframes and expectations discussed onsite with
Section and City Staff during 9/7/2022 meeting.
3) It appears that the dumping is also being operated over a previously closed pre-regulatory
landfill (PRLF). Per PRLF staff, this site has not been assessed and remedies defined. Remove
ALL waste from this property without excavating into the cap of the PRLF. Disturbance or
City Manager Doug Hewett, City of Fayetteville
Notice of Violation
Page 3 of 4
9/16/2022

destruction of the PRLF cap may expose the City staff, the general public and environment to
unknown wastes. (Please note that burning of the waste is prohibited and would be a violation
of the North Carolina Air Quality Rules.);

4) Contact David Powell at (910) 433 - 3350 to beginning any cleanup operation to discuss proper
documentation and procedures.

5) Provide proof of disposal by submitting all solid waste management facility receipts where the
waste is disposed to the Solid Waste Section. Receipts for disposal of all the waste should be
mailed to the following address:

David Powell
NC DEQ – Solid Waste Section
225 Greens Street, Suite 714
Fayetteville, NC 28301

6) 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.

7) Prevent unauthorized entry to the site by means of gates, berms, or fences and post signs
indicating that the site is closed and no dumping is allowed.

8) Notify David Powell, Environmental Senior Specialist on progress and or completion of
corrective actions. A follow up inspection will be done in approximately 30 days to check
progress.
The violation(s) 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 to verify that the operator has completed the requirements of this Notice of Violation.
If you have any questions, please contact me at (910) 433 - 3350 or e-mail [e-mail].

Sincerely,

David Powell Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

City Manager Doug Hewett, City of Fayetteville
Notice of Violation
Page 4 of 4
9/16/2022

copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section
Andrew Hammonds, Eastern District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer –Solid Waste Section
Ryan Channel, Unit Supervisor - Pre-Regulatory Landfill Program
Michael Gibson, Director of Fayetteville-Cumberland Parks and Recreation