33G_NOV_20240220

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
March 6, 2024
CERTIFIED MAIL 9598 0710 5270 0017 403136
RETURN RECEIPT REQUESTED
Mr. Brad Kerr, Public Works Director
PO Box 1180
Rocky Mount, NC 27802
RE: Notice of Violation
City of Rocky Mount
Permit #33G LCID
3701 Old Battleboro Rd
Rocky Mount, NC 27802
Dear Mr. Kerr,
On February 20, 2024, Autumn Romanski, Amanda Thompson, and Andrew Hammonds,
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 .0566 (2), "Solid waste in the landfill shall be compacted. Slopes shall
not exceed a ratio of three horizontal to one vertical at any time."
The Rocky Mount 33G LCID is in violation of 15A NCAC 138.0566 (2) in that waste appears
to have been pushed close to the tree line by phase VI. Some areas of the eastern side
slope were not compacted. The waste needs to be moved away from the tree line and
properly compacted, covered, and sloped.
B. 15A NCAC 13B .0566 (3), "All waste shall be covered with no less than six inches of soil
monthly, or when the working face reaches one acre in size, whichever occurs first."
The Rocky Mount 33G LCID is in violation of 15A NCAC 138 .0566 (3) in that waste at the
working face along the eastern edge of the LCID had been pushed into the tree line and
has not been covered by the rule and the area appeared to be larger than one acre. Ensure
that the waste has been moved away from the tree line, covered, and properly sloped.
EQ
� 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
nnvemrmani Enmm�menra� o.nm 910.433.3300

City of Rocky Mount
33G LCID
Notice of Violation
Page 2 of 3
March 5, 2024
C. 15A NCAC 13B .0566 (7), "Access roads shall be of all-weather construction and shall
be maintained to allow access by vehicles transporting waste, Department staff, and
fire -fighting vehicles."
The Rocky Mount 33G LCID is in violation of 15A NCAC 13B .0566 (7) in that the access
road along eastern edge of the LCID did not have all-weather construction and was not
being maintained to allow access by vehicles transporting waste, Department staff, and
fire fighting vehicles.
Based upon the foregoing, the Rocky Mount 33G LCID shall come into compliance by within 30
days of the receipt of this report with all applicable requirements of the regulations in 15A NCAC
13B by completing the following:
1. Densely compact the waste, cover and slope shall not exceed a ratio of three horizontal
to one vertical at any time and restrict the waste to the permitted phase VII area.
2. Adequate soil to cover the waste must be applied to all areas of exposed waste.
3. Construct and maintain an accessible all-weather construction access road along the
eastern edge of the phase VII area of the 33 G LCID.
The Rocky Mount 33 G LCID shall provide a written certification with supporting documentation
on company 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. The
written certification with supporting documentation should be mailed to the following address:
Autumn Romanski
North Carolina Department of Environmental Quality
PO Box 1066
Kill Devil Hills, NC 27948
[e-mail]
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
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

City of Rocky Mount
33G LCID
Notice of Violation
Page 3 of 3
March 5, 2024
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 [phone] (office) or
via email at Autumn. [e-mail].
Sincerely,
A tumn Romanski
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
Electronic copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Amanda Thompson, Environmental Senior Specialist
James (Chad) Tharrington, City of Rocky Mount
Chris Hollinger, Compliance Officer
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200