HomeMy WebLinkAbout8807_NOV_20190403ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
April 3, 2019
CERTIFIED MAIL 7005 0390 0001 3531 7664
RETURN RECEIPT REQUESTED
Ms. Jamie Laughter
County Manager
101 South Broad St
Brevard, NC 28712
SUBJECT: Notice of Violation
Compliance Inspection Report
Transylvania Municipal Solid Waste Landfill Facility
8807-MSW LF-1990
Transylvania County
Dear Ms. Laughter:
On Wednesday, March 27, 2019, Lee Hill, 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. Dwayne Smith was present and
represented Transylvania County during this inspection. The following violation(s) were noted:
A. 15A NCAC 13B .1626(8)(d) states in part: "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."
Transylvania County is in violation of 15A NCAC 13B .1626(8)(d) by allowing leachate to
leave the lined disposal cell or leachate collection and storage system. During the March
27, 2019 inspection, leachate was observed leaving the lined disposal cell at two locations
on the western slope of the active landfill. The leachate flow lead down a slope and into
the stormwater collection system.
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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
Transylvania County
Notice of Violation
Page 2 of 3
April 3, 2019
Based upon the foregoing, Transylvania County shall come into compliance by April 12, 2019 with
all requirements of the regulations in 15A NCAC 13B .1626(8)(d) by completing the following:
To correct the violation, Transylvania County must immediately repair the seeps. Transylvania
County must submit a sampling plan to Christine Ritter, Hydrogeologist, by April 15, 2019 and
immediately implement the plan once approved.
Christine Ritter, Hydrogeologist
NCDEQ-Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
919-707-8254
christine.ritter@ncdenr.gov
Transylvania County 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. E-
mail this certification to Lee Hill at lee.hill@ncdenr.gov by the noted compliance date.
The violation listed above was 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 as needed to verify that the facility has completed the requirements of this
Notice of Violation.
If you have any questions, please contact me at 828-296-4700 or e-mail lee.hill@ncdenr.gov
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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
Sincerely,
Transylvania County
Notice of Violation
Page 3 of 3
April 3, 2019
Digitallysigned by Lee Hill
DN S—: Lee FlWd=Solid Waste
Settlon, ou=ielOperations
Bran<h,email=lee.hill@ncdenr.gov,
Date:3019.04.031 2:13:31 -04'00'
Lee Hill
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Jessica Montie, Environmental Program Manager
Kenn Webb, Solid Waste Director
David McNeill, Assistant County Manager
Dwayne Smith, Solid Waste Coordinator
NORTH CAR(:)[ D E
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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