9704_NOV_20230223

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

February 23, 2023

CERTIFIED MAIL 7022 0410 0000 7789 5497
RETURN RECEIPT REQUESTED

Mr. John Yates, Wilkes County Manager
110 North Street
Wilkesboro, North Carolina 28697

SUBJECT: Notice of Violation
Compliance Inspection Report
Wilkes County Roaring River Landfill
9704-MSWLF-1993
Wilkes County

Dear Mr. Yates:

On February 16, 2023, Charles Gerstell, 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. Ms. Anderia Byrd and Mr. Jason Wolfe were present
and represented Wilkes County during this inspection. The following violations were noted:

A. 15A North Carolina Administrative Code 13B .1626(2)(b) states: “Except as provided in Sub-
Item (c) of this Item, the owners or operators of all MSWLF units shall cover disposed solid
waste with six inches of earthen material at the end of each operating day, or at more frequent
intervals if necessary to prevent the escape of waste and the attraction of vectors and
scavenging, and to minimize fires and the generation of odors.”

During the inspection, an area of exposed waste, approximately 50-feet x 50-feet, was observed
south of the working face near the transition point between Phase 3 and Phase 5. According to
facility staff, this area had not been covered with soil in approximately 3-weeks. Therefore, Wilkes
County is in violation of 15A NCAC 13B .1626(2)(b) for failure to cover waste with six inches of
earthen material at the end of the operating day as required.

B. 15A North Carolina Administrative Code 13B .1626(7) states: “Erosion and sedimentation control
requirements. Erosion control measures consisting of vegetative cover, materials, structures, or
other devices shall be utilized to prevent silt from leaving the site and to prevent on-site erosion,
and shall comply with 15A NCAC 04, which is incorporated by reference including subsequent
amendments and editions.”

During the inspection, severe erosion resulting in exposure of waste was observed on the western
inactive slope of Phase 5 of the landfill adjacent to the access road. Wilkes County is in violation
of 15A NCAC 13B .1626(7) for failure to prevent erosion as required.
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Wilkes County
Wilkes County Roaring River Landfill
Notice of Violation
Page 2 of 3
February 23, 2023

C. 15A North Carolina Administrative Code 13B .1626(11) states: “Windblown waste requirements.
Methods such as fencing and diking shall be provided within the area to confine solid waste that
is subject to be blown by the wind. At the conclusion of each operating day, all windblown material
resulting from the operation shall be collected and disposed of by the owner or operator.”

During the inspection, windblown waste was observed at the southeast corner of Phase 5 at the
transition point to Phase 3. Waste was imbedded within tall grass indicating it had been
deposited for quite some time and had not been collected at the conclusion of the previous
working day. Therefore, Wilkes County is in violation of 15A NCAC 13B .1626(11).

D. 15A North Carolina Administrative Code 13B .1626(8)(d) states: “Leachate shall be contained
within a lined disposal cell or leachate collection and storage system. All leachate shall be
treated, as required by the receiving facility, prior to discharge. A National Pollutant Discharge
Elimination System (NPDES) permit may be required prior to the discharge of leachate to
surface waters, as provided by 40 CFR 258.26 and 258.27.”

During the inspection, multiple leachate outbreaks were observed on the western, inactive
slope of Phase 5 adjacent to the access road. Leachate was observed flowing from two of the
outbreaks beyond the edge-of-waste markers and into the roadside ditch on the west side of the
landfill. Ms. Byrd confirmed the liner system did not extend under the roadside ditch. Leachate
was then observed entering a concrete culvert which leads to the storm water system that
conveys storm water into a sediment basin. Wilkes County is in violation of 15A NCAC 13B
.1626(8)(d) for failure to contain leachate within the lined disposal cell or leachate collection
system or treat the leachate prior to discharge.

Based upon the foregoing, within 5-days of receipt of this Notice of Violation, Wilkes County shall come
into compliance with the requirements of the regulations in 15A NCAC 13B .1626(2)(b), 15A NCAC
13B .1626(7), 15A NCAC 13B .1626(11), and 15A NCAC 13B .1626(8)(d).

1. Cover all exposed waste within the landfill with a minimum of 6-inches of earthen material or
approved alternative material.

2. Repair all areas of slope erosion to proper design.

3. Collect all windblown waste and properly dispose of it at the working face.

4. Make all necessary repairs to the western slope of Phase 5 at all leachate outbreak locations.

Contact Christine Ritter, Compliance Hydrogeologist, to determine the requirements for a soil
sampling plan to determine the impact of the leachate release. Pending the laboratory
analytical results, additional measures may be required.

Christine Ritter, Compliance Hydrogeologist
[e-mail]
[phone]

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Wilkes County
Wilkes County Roaring River Landfill
Notice of Violation
Page 3 of 3
February 23, 2023

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 to verify that the operator has completed the requirements of this Notice of
Violation.

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

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Ec: Jason Watkins, Field Operations Branch Head
Deb Aja, [Western District Supervisor
Chris Hollinger, Compliance Officer
Anderia Byrd, Solid Waste Director – Wilkes County