10001_NOV_20190418

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
April 18, 2019
CERTIFIED MAIL 7016 1370 0001 6571 5521
RETURN RECEIPT REQUESTED
Lynn Austin, Yancey County Manager
Yancey County Courthouse
110 Town Square, Room 11
Burnsville, NC 28714
CERTIFIED MAIL 7016 1370 0001 6571 5491
RETURN RECEIPT REQUESTED
Kathy Young, Mitchell County Manager
26 Crimson Laurel Circle
Bakersville, NC 28705
SUBJECT: Notice of Violation
Compliance Inspection Report
Yancey -Mitchell Sanitary Landfill (Closed)
10001-MSWLF-1987
Yancey County
Dear Ms. Austin and Ms. Young:
On April 3, 2019 Kris Riddle, 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. Teresa Summerlin, Office
Manager, Yancey -Mitchell Transfer Station, was present and assisted with the facility records
review during this inspection. The following violation(s) 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."
NORTH CAROL INAD_E
Department Of Environmental 0,,Iity
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

Yancey -Mitchell Sanitary Landfill (Closed) #10001-MSWLF-1987
Notice of Violation
Page 2 of 4
April 18, 2019
Attachment 4, Conditions of Permit for Closure, Part II, #70 states: "The permittee
must maintain the integrity and effectiveness of the cap system, including making
repairs to the cover as necessary to correct the effects of settlement, subsidence,
erosion, or other events, and prevent surface water from impounding over waste and
run-on and run-off from eroding or otherwise damaging the cap system. In addition, a
vegetative cover of native grasses must be maintained and mowed regularly."
The facility was issued a Closure Letter dated December 21, 1995. The Closure Letter contained
Post Closure Conditions and Water Quality Monitoring and Reporting Requirements. The
December 21, 1995, Closure Letter conditions were incorporated into the Permit for Closure
10001-MSWLF-1987 Yancey -Mitchell Sanitary Landfill (DIN 20572) issued on March 19, 2014.
Post Closure Condition #4 of the December 21, 1995, Closure Letter states: "The
integrity and effectiveness of the final cover system and any permanent erosion control
devices must be maintained. This could include making repairs to the cover as necessary
to correct the effects of settlement, subsidence, erosion, or other events".
During the facility inspection conducted on April 3, 2019, areas of subsidence and an erosion
gulley were observed on the northern slope of the closed MSW landfill. Further inspection of the
eroded area on the northern slope revealed a slope failure between groundwater monitoring
wells #MW-2 and #MW-3. The erosion in this area appeared to have undermined at least two
large trees on the landfill slope. The large trees had fallen over within the closed MSW landfill
Edge -of -Waste (EOW) markers. Exposed waste was observed in this area which included tires,
various plastics, glass bottles, cans, and other miscellaneous wastes. Yancey and Mitchell
Counties are in violation of 15A NCAC 13B .0203(d) in that the integrity and effectiveness of the
final cover system for the closed MSW landfill has not been maintained.
B. 15A NCAC 13B .0505(7)(c) states: "Leachate shall be contained on site or properly treated
prior to discharge. An NPDES permit may be required prior to the discharge of leachate to
surface waters".
During the facility inspection conducted on April 3, 2019, a leachate outbreak was observed on
the northern slope of the closed MSW landfill between groundwater monitoring wells MW-2 and
MW-3. Leachate from the outbreak flowed north beyond the EOW markers and into the
sediment basin located between the closed MSW landfill and the closed Construction and
Demolition (C&D) landfill. Exposed waste was observed in this area and an unusual odor was
noted which emanated from this area. Yancey and Mitchell Counties are in violation of 15A NCAC
13B .0505(7)(c) in that leachate has not been contained on site or properly treated prior to
discharge.
I; ��
NORTH CARa N D_E,W /)
oapaNmant of Emi—ental auali\ / —
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

Yancey -Mitchell Sanitary Landfill (Closed) #10001-MSWLF-1987
Notice of Violation
Page 3 of 4
April 18, 2019
C. 1SA NCAC 02C .0108(o) states: "Each non -water supply well shall have permanently affixed
an identification plate. The identification plate shall be constructed of a durable, waterproof,
rustproof metal or other material approved by the Department as equivalent and shall contain
the following information:
(1) well contractor name and certification number;
(2) date well completed;
(3) total depth of well;
(4) a warning that the well is not for water supply and that the groundwater may
contain hazardous materials;
(5) depth(s) to the top(s) and bottom(s) of the screen(s); and
(6) the well identification number or name assigned by the well owner."
During the facility inspection conducted on April 3, 2019, identification plates were not observed
on groundwater monitoring wells at the facility (MW-J), and/or some identification plates did not
contain all of the required information (MW-2, MW-3, and MW-AR). Yancey and Mitchell
Counties are in violation of 15A NCAC 02C .0108(o) in that non -water supply wells at the facility
did not have a permanently affixed identification plate with the required information.
Based upon the foregoing, Yancey and Mitchell Counties shall come into compliance with all
requirements of the regulations in 15A NCAC 13B .0203(d), 15A NCAC 13B .0505(7)(c), and 15A
NCAC 02C .0108(o) by completing the following:
1. Within 10-days of receipt of this Notice of Violation, contact Allen Gaither, Permitting
Engineer, to determine plan submittal requirements and implementation dates for repair of
the final cover system on the northern slope of the closed MSW landfill. Final cover system
repairs must be completed within ninety (90) days of plan approval.
Allen Gaither, Permitting Engineer
Division of Waste Management/Solid Waste Section
2090 U.S. Highway 70
Swannanoa, NC 28778
828-296-4703
[e-mail]
2. Within 10-days of receipt of this Notice of Violation, Yancey and Mitchell Counties must
contact Perry Suggs, Section Hydrogeologist, to determine plan submittal requirements and
implementation dates for a soil sampling plan to determine the impact of the leachate
release. Soil sampling must be completed within thirty (30) days of plan approval. Additional
"'
NORTH CAR01 D E Q
ftp.d—t of Emiro6tzI O.Miity
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

Yancey -Mitchell Sanitary Landfill (Closed) #10001-MSWLF-1987
Notice of Violation
Page 4 of 4
April 18, 2019
measures may be required pending a review of the results of laboratory analysis of the soil
samples.
Perry Suggs, Section Hydrogeologist
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, NC 27699-1646
919-707-8258
[e-mail]
3. Within 6-months of receipt of this Notice of Violation, permanently affix identification plates
with the required information on all non -water supply wells at the facility.
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
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions, please contact me at 828-296-4705 or e-mail [e-mail].
Sincerely,
igned by Kris Riddle
Kris Riddle Date; 21019,04.11815:46:32 04'00'
Kris Riddle
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
Jessica Montie, Environmental Program Consultant — Solid Waste Section
Allen Gaither, Permitting Engineer —Solid Waste Section
Perry Suggs, Section Hydrogeologist — Solid Waste Section
I; ��
NORTH CARa N D_E,W /)
Department Ut Emi—ental Quality
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