9101_NOV_20230417

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
April 17, 2023
CERTIFIED MAIL 7019 0700 0000 3642 9998
RETURN RECEIPT REQUESTED
Jason Falls
Vance County Solid Waste Director
122 Young Street, Suite B
Henderson, NC 27536
RE: Notice of Violation
Vance County MSW Landfill (Closed)
Permit #9101-MSWLF-1974
3181NCHwy 39N
Henderson, NC 27537
Dear Mr. Falls,
On April 5, 2023, Amanda Thompson, 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 .1406 (4), "Leachate shall be contained on site or treated prior to
discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be
required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface
waters."
The Vance County is in violation of 15A NCAC 138.1406 (4) in that leachate was observed
flowing from the leaf pile in the yard waste processing area, into a drainage feature that
was converging with what appeared to be freshwater from another drainage area and
flowing in the direction of an unnamed tributary of Crooked Run.
Based upon the foregoing, Vance County shall come into compliance within 30 days of receipt
of this notice with all requirements of the regulations in 15A NCAC 13B .1406(4) by completing
the following:
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
cePaemeMofE"a—emaiQuality /� 910.433.3300

Vance County
Notice of Violation
Page 2 of 2
April 17, 2023
1. Contact Perry Sugg at [e-mail] or [phone], or Ervin Lane at
[e-mail] or [phone], within 10 days to determine the sampling
protocol for the leachate release.
2. Within 30 days of receiving this report, determine the underlying cause of the leachate
release from the yard waste area and make repairs to resolve the causes. Specifically,
but not limited to, the yard waste area must be repaired to shed water and the leaf pile
be windrowed as specified in the rules and operations plan.
3. Within 30 days of receiving this report, submit a Corrective Action Plan detailing Vance
County's long-term plan to control leachate for the facility. The plan must be submitted
to Amanda Thompson, [e-mail], for Section approval.
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 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 facility has completed the requirements of this Notice of
Violation.
If you have any questions regarding this matter, please contact me at please contact me at (910)
433-3352 or e-mail at [e-mail].
Sincerely,
Digitally signed by
Amanda
Amanda Thompson
Thompson Date: 2023.04.1709:22:38
04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Chris Hollinger, Compliance Officer
Ervin Lane, Hydrogeologist
E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLJNA -
oe�amorEnrironmemaiQuality /`� 910.433.3300