0501_NOV_20190408

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699

April 8, 2019

CERTIFIED MAIL 7015 0640 0007 5703 9264 RETURN RECEIPT REQUESTED Adam Stumb, Interim Ashe County Manager 150 Government Circle, Suite 2500 Jefferson, North Carolina 28640
CERTIFIED MAIL 7015 0640 0007 5703 9240 RETURN RECEIPT REQUESTED Scott Hurley, Director
Ashe County Department of Environmental Services Post Office Box 1327 West Jefferson, North Carolina 28694
SUBJECT: Notice of Violation Compliance Inspection Report Ashe County Municipal Solid Waste Landfill 0501-MSWLF-1993 Ashe County
Dear Sirs, On March 21, 2019, Charles Gerstell, 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. Jim Greer, Landfill Operator, was present and represented the Ashe County Municipal Solid Waste Landfill during this inspection. The following violation(s) were noted:
A. 15A North Carolina Administrative Code 13B .1626(2)(a) states: “Except as provided in
Sub-item (b) of this item, the owner or operators of all MSWLF units must cover disposed
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.”

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Ashe County Municipal Solid Waste Landfill Notice of Violation
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April 8, 2019

15 North Carolina Administrative Code 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.”
• General Permit Condition #6 states: “Construction and 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 (NCGS 130A-290, et seq.), the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste
Management Rules shall take precedence unless specifically addressed by permit
condition. Failure to comply, may result on compliance action or permit revocation.”
• The approved Operations Plan (Document ID No. 24048) is included in the List of
Documents for the Approved Plan. Section 2.2, Item 2 “Cover material requirements” of the Approved Plan states: “Except as in Part (b), the County 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.” During the inspection, insufficient cover was observed in the active portion of the landfill leaving waste exposed. The inspection was performed upon initial opening of the facility, prior to any waste being received. Waste had not been covered with a minimum of six inches of earthen material at end of the previous operating day. Therefore, Ashe County is in violation of 15A NCAC 13B .1626(2)(a) and 15A NCAC 13B .0203(d). B. 15A North Carolina Administrative Code 13B .1626(11)(c) states: “Methods such as fencing and diking shall be provided within the area to confine solid waste subject to be blown by the wind. 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.” 15A North Carolina Administrative Code 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.”
• General Permit Condition #6 states: “Construction and 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 (NCGS 130A-290, et seq.), the conditions contained in this permit; and the
approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply, may result on compliance action or permit
North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Ashe County Municipal Solid Waste Landfill Notice of Violation
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April 8, 2019

revocation.”
• The approved Operations Plan (Document ID No. 24048) is included in the List of Documents for the Approved Plan. Section 2.2, Item 11 “Spreading and
Compacting Requirements” of the Approved Plan states: “Appropriate methods
such as fencing and diking will be provided within the area to confine solid waste
subject to blown by the wind. At the end of each day of operation, all windblown material resulting from the operation will be collected and returned to the working face.”
During the inspection, windblown waste was observed southeast of the working face, north of the working face along the haul road into the woods, and within the last slope drain east of
the working face. No customers had yet been received at the landfill upon observing the
windblown waste confirming that waste had not been picked up at the conclusion of the previous day of operation. Therefore, Ashe County is in violation of 15A NCAC 13B .1626(11) and 15A NCAC 13B .0203(d). C. 15A North Carolina Administrative Code 13B .1626(8)(d) states: “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. An NPDES permit may be required prior to the discharge of leachate to surface waters, as provided by 40 CFR Parts 258.26 and 258.27.”
During the inspection, a leachate outbreak was observed on the west facing slope of Phase 1 directly adjacent to the vehicle turnout located at the entrance to the working face. Flow from the outbreak flowed north beyond the waste limits of Phase 1 and absorbed into the ground at
the toe of the slope of the vehicle turnout. Ashe County is in violation of 15A NCAC 13B .1626(8)(d) in that leachate was not contained within the lined disposal cell or leachate containment and storage system.
Based upon the foregoing, Ashe County shall come into compliance with all requirements of the regulations in 15A NCAC 13B .1626(2)(a), .0203(d), .1626(11)(c), and .1626(8)(d) by completing the following: 1. All waste within the landfill must be covered with a minimum of 6-inches of earthen
material at conclusion of the operating day. 2. Within 10-days of receipt of this Notice of Violation, collect all windblown waste and return it to the working face for proper disposal.
3. Within 10-days of receipt of this Notice of Violation, make all necessary repairs to the
North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Ashe County Municipal Solid Waste Landfill Notice of Violation
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April 8, 2019

slope of Phase 1 at the location of the leachate outbreak. Also, contact Ervin Lane, Compliance Hydrogeologist, to determine the requirements for a soil sampling plan to determine the impact of the leachate release. Ervin Lane, Compliance Hydrogeologist Division of Waste Management/Solid Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646 [phone] [e-mail] 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. In addition to the violations noted above, please give special attention to Item #12 on the enclosed Facility Compliance Inspection Report. This item is in reference to slope failures observed beyond the toe of the western facing slope of Phase 1. The largest area of erosion was observed on the exterior side of an existing berm located beyond the edge-of-liner markers and was approximately 130-feet long. The erosion into the berm was approximately 7-feet from an edge-of-liner marker at the closest point. This erosion was located at the same point of a slope
failure observed in September of 2013. A smaller slope failure was observed on the exterior side of the existing berm below the edge-of-liner markers north of the previously mentioned area and approximately 112-feet south of the vehicle turnout which is located at the entrance to the working face. This failure was approximately 7-feet wide and 30-feet in length down slope. As noted in the inspection report, immediate action should be taken to repair eroded portions of the slope to ensure that the integrity of the landfill and liner system are not impacted. This may include consultation with the County’s engineer if deemed necessary to prevent future occurrences. Please keep me informed of your progress in this matter. Solid Waste Section staff will
conduct a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of Violation.
North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699
Ashe County Municipal Solid Waste Landfill Notice of Violation
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April 8, 2019

If you have any questions, please contact me at [phone] or [e-mail]. Sincerely,
Charles T. Gerstell
Environmental Senior Specialist Division of Waste Management - Solid Waste Section Enclosure: Facility Compliance Inspection Report
copies: Ed Mussler, Solid Waste Section Chief Sherri Stanley, Permitting Branch Head Jason Watkins, Field Operations Branch Head Deb, Aja, Western District Supervisor
Ervin Lane, compliance Hydrogeologist