0303T_NOD_20191219

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

December 19, 2019

CERTIFIED MAIL 7018 0360 0002 2099 2922
RETURN RECEIPT REQUESTED

Drew Temple, Interim County Manager
Post Office Box 366
Sparta, North Carolina 28675

SUBJECT: Notice of Deficiency
Compliance Inspection Report
Alleghany County Transfer Facility
0303T-TRANSFER-
Alleghany County

Dear Ms. Temple,

On December 11, 2019, Charles Gerstell, Environmental Senior Specialist, 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. Josh
Greene, Public Works Director, and Brandon Harris were present and represented Alleghany
County during this inspection. The following violations were noted:

A. 15A North Carolina Administrative Code 13B .0402(7) states: “Appropriate method shall
be provided to confine material subject to be blown by the wind within the area. 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.”

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 Facility Permit Condition #17(e)(ii) states: “Windblown materials must be
collected by the end of the day and no windblown material may be allowed to leave the
facility boundary.”

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Allegany County Transfer Facility
Notice of Deficiency
Page 2 of 3
December 19, 2019

During the inspection, a large amount of windblown waste was observed in multiple locations.
Areas of most concern include the eastern perimeter of the closed MSWLF landfill (0302-
MSWLF-1981), and areas immediately surrounding the transfer facility building. Waste was
also observed outside of the facility boundary on the opposite side of Osbourne Road near the
entrance to the facility. The volume of windblown waste indicated it had accumulated over a
period of multiple days.

Alleghany County is in violation of 15A NCAC 13B .0402(7) and .0203(d) in that windblown
waste had not been collected at the conclusion of each day of operation.

B. 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 Facility Permit Condition #17(b) states in part: “Waste must only be
deposited on the “tipping floor” or directly into a transfer container.”

During the inspection, two bags of waste (one containing pillows and cushions and one of
unknown contents) were observed in the grassed area on the south side of the transfer station
building.

Alleghany County is in violation of 15A NCAC 13B .0203(d) in that waste was not deposited
on the tipping floor as required by permit.

The above violations may have or can compromise the facility’s ability to ensure protection of the
public health and the environment and thus require remedial action on behalf of the facility in order
to maintain compliance with 15A NCAC 13B .0402(7) and .0203(d). In order to resolve these
issues, Alleghany County must take the following actions:

1. To achieve compliance, all windblown must be picked up and returned to the transfer station
for proper disposal with 15-days of receipt of the Notice of Deficiency.

2. Ensure all waste received at the facility is deposited on the “tipping floor” only. All waste
bags observed during the inspection must be collected and properly disposed.

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
North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Allegany County Transfer Facility
Notice of Deficiency
Page 3 of 3
December 19, 2019

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
Deficiency.

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

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor

Enclosure: Facility Compliance Inspection Report