16
June 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert
Howard, Director
Cumberland
Co –
SUBJECT: Notice of Violation
/ Notice of Recommendation for Enforcement
– Failure to Comply with 40 CFR 60 Subpart WWW
Air Permit No. 8846T02
Fee Class: Title V
Dear Mr. Howard:
As
you are aware, the NC Division of Air Quality (DAQ) has been reviewing your
facility for compliance with your air permit and federal regulations governing
municipal solid waste landfills. Records
show that DAQ approved your gas collection and control system (GCCS) design
plan on January 31, 2002. This approval
was for the existing GCCS (as built) controlling the closed, non-Subtitle D
portion (Area I) of the Ann Street Municipal Solid Waste Landfill. It was also determined that the existing
blower and candlestick flare were adequately sized to handle expansions needed
to comply with 40 CFR Part 60, WWW. The
GCCS plan indicates additional collection wells to be installed in the Subtitle
D section of the MSW Landfill to meet future requirements contained in 40 CFR
60.752.
The plan that was submitted did not state the
intended use of the leachate system as the primary means of control for the
Subtitle D section. The plan included
the existing, closed–out section of area 1 that contained vertical wells, a
header, flare, and blower. At the time
the plan was submitted, the new subtitle D section was not yet required to
collect landfill gas. DAQ compliance
inspections in recent years concluded that the facility ‘appears to be in
compliance’ with the Title V permit.
These inspections relied on the information provided by the facility at
that time. The certified GCCS plan submitted to DAQ indicated controls and
vertical wells consistent with the regulations.
As the compliance deadline approached for
controlling the new, Subtitle D sections, the facility chose an alternate
system, the existing leachate collection piping, as the primary collection
system. After detailed review and
discussions with facility representatives, DAQ has determined that the
present GCCS at your Subtitle D portion does not meet the requirements
of 40 CFR 60.759 and is thus regulated as an alternate system. Such alternate
systems require prior approval by DAQ, and possibly the US EPA.
This letter constitutes
notice that your facility is in violation for installing and operating an active
gas collection and control system that does not conform to federal
specifications. Based on lengthy discussions
spanning many months, this office believed you understood the shortcomings in
the current system in meeting the federal requirements for the subtitle D
section. Your letter of 8 May 2006 shows
continuing avoidance of those requirements, which is extending your period of
noncompliance.
As stated in the “subject”
above, this letter represents not only a Notice of Violation, but puts you on
notice that this office is preparing an enforcement report addressing the
violation observed. The above violation
and any future violation of an air quality regulation are subject to the
assessment of civil penalties as per North Carolina General Statute 143-215.114A. This General Statute provides that civil
penalties of not more than ten thousand dollars ($10,000) may be assessed
against any person who violates any classification, standard, or limitation
established pursuant to General Statute 143-215.107, “Air Quality Standards and
Classifications.” In addition, each day
of continuing violation after written notification from the Division of Air
Quality shall be considered a separate offense.
Please submit a written response to this office by 30 June 2006, as to actions taken
to bring about compliance and any additional information or description of any
mitigating circumstances that you believe should affect the outcome an
enforcement evaluation. Please include an accelerated timeline for
returning the facility to compliance.
After the above date, in lieu of any mitigating circumstances brought to
our attention, this office will submit the enforcement report to the Director
of the Division of Air Quality, including recommendations for the assessment of
appropriate civil penalties. Please
be advised that neither this letter, nor any subsequent action, absolve you
from responsibility for any violation or damage to public or private property
or from any enforcement action available to this agency.
We
appreciate your attention to this compliance issue. Should you have any questions or need
additional information, please contact Mitchell Revels, Robert Hayden, or me in
the Fayetteville Regional Office at (910) 486-1541.
Sincerely,
Steven F. Vozzo
Regional Air Quality Supervisor
\sfv
cc: DAQ Central Files, RCO
FRO Facility Files
Booker Pullen, RCO-Permits
Michael Aldridge,
RCO-Technical Services
Gary Saunders,
RCO-Technical Services
James E. Martin,