7904_NOV_20161222

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Director

December 22, 2016

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7011 1570 0001 8545 5905

Mr. Lance Metzler, County Manager
Rockingham County
P. O. Box 101
Wentworth, NC 27375

SUBJECT: Notice of Violation
Compliance Inspection Report
Rockingham County Landfill
Permit No. 7904-MSWLF-1995
Rockingham County

Dear Mr. Metzler:

On December 13, 2016 and December 16, 2016, Susan Heim and Deb Aja (December 13, 2016
only), 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. Martie Neugent, Landfill Supervisor, and Kathryn Jolly (December
16, 2016 only), Solid Waste Program Manager, were present and represented the Rockingham
County Landfill during this inspection. The following violations were noted:

A. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 7904-MSWLF-1995,
ATTACHMENT 1, PART IV, General Permit Condition #6 states, “Operation of this solid waste
management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC
13B, Article 9 of the Chapter 130A of the North Carolina General Statutes, the conditions
contained in this permit, and the approved plan.” Permit to Operate No. 7904-MSWLF-1995,
PART IV, General Permit Condition #7 states, “This permit is issued based on the documents
submitted in support of the application for permitting the facility including those identified in
ATTACHMENT 3, “List of Documents for Approved Plan,” and which constitute the approved plan
for the facility.” Permit to Operate No. 7904-MSWLF-1995, ATTACHMENT 1, Part II, Item 9 lists
MSW Permit Amendment & Vertical Expansion as one of the documents for the Approved Plan.
Item 3.2, Random Selection, of Section V – Operations Plan (Revised August 2012), MSW Permit
Rockingham County Landfill
Notice of Violation
Page 2 of 6
December 22, 2016

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

Amendment & Vertical Expansion states, “While all incoming loads of waste are visually observed
as they enter the facility, loads will be randomly selected on a regular basis for a thorough
inspection of their contents. The personnel conducting the inspection will randomly select at
least one vehicle per week at the working face. At least 1% of the waste stream by weight will be
inspected in this manner.” Item 3.3, Record Keeping, of Section V – Operations Plan (Revised
August 2012) states, “Sample report forms for record-keeping purposes are included in Appendix
IV-1. These forms are completed at each inspection. Beginning in 2005, all reports and resulting
correspondence are maintained at the Rockingham County Landfill office for a minimum of five
years.”

Rockingham County is in violation of 15A NCAC 13B .0203(d) as a result of failing to perform
and/or document the required waste screening provisions stated in the Section V – Operations
Plan (revised August 2012). A review of the waste screening logs indicated a deficiency in the
number of waste screenings during the months of January 2016, February 2016, March 2016,
April 2016, June 2016, July 2016, August 2016, October 2016, November 2016 and December
2016.

B. 15A NCAC 13B .1626(2)(a) states: “the owners and operators of all MSWLF units must
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 control disease vectors, fires, odors, blowing
litter, and scavenging.”

Rockingham County is in violation of 15A NCAC 13B .1626(2)(a) by failing to adequately cover
disposed solid waste at the end of each operating day. Upon initial inspection on 12/13/2016,
the working face of the landfill was very large and was observed to have inadequate cover, thus
allowing waste to remain exposed and to become windblown. In addition, during the completion
of the inspection on 12/16/16, landfill staff stated that the working face of the landfill had not
been adequately covered for a month or more. Large areas of the side slopes were also observed
to be lacking adequate cover.

C. 15A NCAC 13B .1626(11)(a) states: “MSWLF units shall restrict solid waste into the
smallest area feasible.”

Rockingham County is in violation of 15A NCAC 13B .1626(11)(a) by failing to restrict solid waste
into the smallest area feasible. During the initial inspection on 12/13/16, the landfill working face
was observed to be very large.

D. 15A NCAC 13B .1626(7)(a) states: “Adequate sediment control measures shall be
utilized to prevent silt from leaving the MSWLF facility.”

Rockingham County Landfill
Notice of Violation
Page 3 of 6
December 22, 2016

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

Rockingham County is in violation of 15A NCAC 13B .1626(7)(a) by failing to prevent silt from
leaving the MSWLF facility. Upon initial inspection on 12/13/2016, most of the western slope of
the active landfill showed evidence of severe erosion, where silt containing exposed waste had
flowed to the toe of the landfill and into the storm water inlets. In one area, a berm had been
constructed on the access roadway to prevent additional silt from crossing the road and
continuing downhill into the grassy areas west of the roadway and also into the leachate pond.
Many other areas of erosion along the slopes of the active landfill were also observed.

E. 15A NCAC 13B .1626(7)(b) states: “Adequate sediment control measures shall be
utilized to prevent on-site erosion.”

Rockingham County is in violation of 15A NCAC 13B .1626(7)(b) by failing to prevent on-site
erosion. Upon initial inspection on 12/13/2016, most areas of the side slopes of the active landfill
showed evidence of severe erosion, which had resulted in the development of deep ruts and
gullies where waste had been pulled downhill with the cover dirt and sediment, and had been
left exposed in the rills. Little or no vegetative cover was in evidence that would assist in
controlling the erosion.

F. 15A NCAC 13B .1626(7)(c) states: “Provisions for a vegetative ground cover sufficient to
restrain erosion must be accomplished within 30 working days or 120 calendar days upon
completion of any phase of MSWLF development.”

Rockingham County is in violation of 15A NCAC 13B. 1626(7)(c) by failing to provide for a
vegetative cover sufficient to restrain erosion within 30 working days or 120 calendar days of
completion of any phase of MSWLF development. Upon initial inspection on 12/13/2016, most
areas of the side slopes of the active landfill showed evidence of severe erosion and were
observed to have little or no vegetative cover established that would prevent erosion.

G. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 7904-MSWLF-1995,
ATTACHMENT 1, PART IV, General Permit Condition #6 states, “Operation of this solid waste
management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC
13B, Article 9 of the Chapter 130A of the North Carolina General Statutes, the conditions
contained in this permit, and the approved plan.” Permit to Operate No. 7904-MSWLF-1995,
PART IV, General Permit Condition #7 states, “This permit is issued based on the documents
submitted in support of the application for permitting the facility including those identified in
ATTACHMENT 3, “List of Documents for Approved Plan,” and which constitute the approved plan
for the facility.” Permit to Operate No. 7904-MSWLF-1995, ATTACHMENT 1, Part II, Item 9 lists
MSW Permit Amendment & Vertical Expansion as one of the documents for the Approved Plan.
Item 2.5, Special Wastes, of Section V – Operations Plan (Revised August 2012), MSW Permit
Amendment & Vertical Expansion states, “Clean wood wastes are accepted at this facility, but
Rockingham County Landfill
Notice of Violation
Page 4 of 6
December 22, 2016

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

are not disposed of in the landfill. This waste stream is processed in the composting area, where
it is chipped, shredded, and placed in windrows for mulching. The final product is sold to the
public or private industries/businesses as boiler fuel.”

Rockingham County is in violation of 15A NCAC 13B .0203(d) by making the processed wood
waste available to the public as a product other than boiler fuel. During the inspection, Mr.
Neugent stated that the processed wood waste is being sold to the public as mulch.

H. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 7904-MSWLF-1995,
ATTACHMENT 3, PART V, Miscellaneous Treatment and Processing Unit Specific Condition #29
states, “Wastes received and product stored shall be maintained in reasonably sized piles with
adequate fire breaks and lanes in accordance with the approved operational plans and the
pertinent rules.”

Rockingham County is in violation of 15A NCAC 13B .0203(d) by storing unprocessed wood
wastes received at the facility in a single large pile with insufficient fire breaks and lanes. During
the inspection, the wood waste pile appeared to be approximately 200’ long, 25’ tall, and varying
in width from approximately 20’ to 60’.

I. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 7904-MSWLF-1995,
ATTACHMENT 3, PART V, Miscellaneous Treatment and Processing Unit Specific Condition #30
states, “Surface water shall be diverted from all operational and storage areas to prevent
standing water in operational areas and under or around storage piles. Water that comes in
contact with solid waste shall be contained on-site or properly treated prior to discharge.”

Rockingham County is in violation of 15A NCAC 13B .0203(d) by allowing water to pond under
and around wood waste storage piles. During the inspection, ponding water was observed at the
base of the unprocessed wood waste stockpile on the northern and western sides.

J. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” Permit to Operate No. 7904-MSWLF-1995,
ATTACHMENT 3, PART V, Miscellaneous Treatment and Processing Unit Specific Conditions #35
and #36 state, “35. The facility is permitted to receive land clearing waste as defined in 15A NCAC
13B, Rule .0101(23).” and, “36. The facility is permitted to receive wooden pallets constructed of
unpainted and untreated natural wood.”

Rockingham County Landfill
Notice of Violation
Page 5 of 6
December 22, 2016

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

Rockingham County is in violation of 15A NCAC 13B .0203(d) by accepting waste that the facility
is not permitted to receive. During the inspection, painted wood, painted wood pallets and
engineered wood/paneling were observed in the unprocessed wood waste stockpile.

K. 1626(11)(c) states: “At the conclusion of each day of operation, all windblown material
resulting from the operation shall be collected and returned to the area by the owner or
operator.”

Rockingham County is in violation of 15A NCAC 13B. 1626(11)(c) by failing to collect and return
all windblown material to the active landfill at the end of each day. During the inspection, a large
amount of windblown material was observed along the access roadways, on the side slopes of
the active landfill, in the sediment basins and in the trees and vegetation surrounding the active
landfill.

Based upon the foregoing, the Rockingham County Landfill shall come into compliance with all
requirements of the regulations in 15A NCAC 13B by completing the following within the
timeframes specified below in items 1 through 8:

1. Immediately adopt the procedures set forth in Section 3.0 Random Waste Screening
Program of Section V – Operations Plan (revised August 2012) for randomly screening
incoming loads of waste at the MSW landfill. Waste screening logs that indicate
adherence to the required procedures will be made available for inspection and review
by the Solid Waste Section in order to demonstrate compliance.
2. Immediately cease making mulch available for purchase by the public that contains any
unacceptable wastes.
3. Immediately adopt the practice of collecting and properly disposing of all windblown
litter at the end of each day, as required by 15A NCAC 13B .1626(11)(c).
4. By January 31, 2017, remove and properly dispose of all unpermitted waste from the
wood waste stockpile.
5. By January 31, 2017, perform maintenance to prevent future ponding of water in and
around the wood waste stockpile.
6. Immediately cover all exposed waste and maintain adequate cover, as required by 15A
NCAC 13B .1626(2)(a).
7. Immediately reduce the size of the working face of the MSW landfill and restrict solid
waste to the smallest area feasible, as required by 15A NCAC 13B .1626(11)(a).
8. To achieve compliance with all of the provisions of 15A NCAC 13B .1626(7), adequately
cover, grade and seed all of the side slopes of the active MSW landfill that have been
damaged by erosion by January 17, 2017, to prevent on-site erosion and to stop silt from
leaving the facility. Vegetative cover must be well established by March 15, 2017 in order
to demonstrate compliance.

Rockingham County Landfill
Notice of Violation
Page 6 of 6
December 22, 2016

State of North Carolina | Environmental Quality | Waste Management
450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105-9667
336-796-9800

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
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Violation.

I would welcome the opportunity to meet with you to discuss these issues in more detail. If you
would like to do so, or if you have any questions please contact me at 336-776-9672 or e-mail
me at [e-mail].

Sincerely,

Susan Heim
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Kim Sue, Environmental Senior Specialist – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
Ronnie Tate, Engineering & Public Utilities Director – Rockingham County
Kathryn Jolly, Solid Waste Program Manager – Rockingham County
Martie Neugent, Landfill Supervisor – Rockingham County