8606_INSP_20191212

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 6

UNIT TYPE:
Lined
MSWLF X LCID X YW Transfer Compost SLAS COUNTY: Surry
Closed
MSWLF HHW White
goods X Incin T&P FIRM PERMIT NO.: 8606-MSWLF-1998
CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: December 5, 2019 & December 12, 2019 Date of Last Inspection: May 23, 2019

FACILITY NAME AND ADDRESS:
Surry County Municipal Solid Waste Landfill
237 Landfill Road
Mount Airy, North Carolina 27030

GPS COORDINATES: Lat.: 36.43185 Long.: -80.57530

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Jessica Montgomery, Public Works Director/County Engineer
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 342
Dobson, North Carolina 27017

PARTICIPANTS:
Jessica Montgomery, Public Works Director/County Engineer – Surry County
Ricky Hawks, Public Works Office Coordinator – Surry County
Billy Southard, Landfill Coordinator – Surry County
Wayne Sullivan, Municipal Engineering Services, Co.
Charles Gerstell, NCDEQ – Solid Waste Section
Allen Gaither, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit Approval To Construct MSW Landfill Phase 4, Permit Approval to Operate MSW Landfill Phases 1, 2, & 3
and Notified (Less than 2 Acres) LCID Landfill, and Permit for Closure for 8602-MSWLF-1983 (Mt. Airy), 8602-
CDLF- (Mt. Airy), and 8602-CDLF-2011 (Mt. Airy) was issued to Surry County on October 18, 2018.

PURPOSE OF SITE VISIT:
Partial Inspections

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

A. 15A North Carolina Administrative Code 13B .1626(2)(a) states: “Except as provided in Sub-Item (b) of this Item,
the owners or operators of all MSWLF units 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.”

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 6

During the inspection on December 5, 2019, exposed waste was observed along a vertical slope on the west side of
Phase 1. The vertical slope was located at the transition point between Phase 1 and the new Phase 4 construction.
According to staff, this waste had been uncovered for over 1-month due to an issue with locating the edge of the
existing liner at the western edge of Phase 1. A tarp had been installed in the location of concern, but it covered only
a small portion of waste. The area of exposed waste was approximately 300-feet long X 20-feet tall. Reinspection
during an onsite meeting on December 12, 2019 found no improvement to this area.

Exposed waste was also observed within inactive areas surrounding the working face of Phase 2 during the inspection
on December 5, 2019. An area of most concern was the inactive portion of the landfill immediately south of the
working face observed on both December 5th and December 12, 2019. Waste in the inactive portions of the landfill
had not been adequately covered at the end of the previous working day.

Surry County is in violation of 15A NCAC 13B .1626(2)(a) in that waste was not covered with 6-inches of earthen
material or other Division approved alternative cover at the end of each operating day as required.

12/5/19: View of exposed waste along western edge 12/12/19: View of exposed waste along western edge
of Phase 1. (photo by C. Gerstell) of Phase 1. (photo by C. Gerstell)

12/5/19: View of exposed waste south of working
face. (photo by C. Gerstell)

To achieve compliance, all waste within the landfill, to include the transition area between Phase 1 and Phase 2
must be covered with 6-inches of earthen material or an approved alternative cover material within 20-days of
receipt of the Notice of Violation.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 6

B. 15A North Carolina Administrative Code 13B .1626(8)(b) states: “Surface water shall not be impounded over or
in waste.”

During the December 5th and December 12, 2019 inspections, standing water was observed within the trench located
along the transition area between Phase 1 and the new Phase 4 construction. Waste exposed from the excavated,
vertical slope was observed within the standing water. Therefore, Surry County is in violation of 15A NCAC 13B
.1626(8)(b) for allowing surface water to be impounded in waste.

12/5/19: View of impounded water within 12/12/19: View of impounded water within
trench at western edge of Phase 1 (photo by trench at western edge of Phase 1 (photo by C.
C. Gerstell) Gerstell)

To achieve compliance, Surry County must take immediate steps to collect and properly dispose of any
leachate within the transition area between Phase 1 and the new Phase 4 construction, as well as install and
maintain temporary measures to prevent and/or control any future leachate generated until the necessary
permanent repairs are complete.

C. 15A North Carolina Administrative Code 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.”

During the December 5th and December 12, 2019 inspections, water was observed comingled with waste within the
trench located at the transition area of Phase 1 and the new Phase 4 construction. Leachate means any liquid,
including any suspended components in liquid, that has percolated through or drained from solid waste. A portion of
the exposed liner within the area of impoundment had been misplaced and damaged as a result of efforts to locate the
edge of liner. Therefore, all observations point to a violation of 15A NCAC 13B .1626(8)(d) in that leachate was
allowed to accumulate in this area and was not contained within the leachate collection and storage system.

To achieve compliance with this rule, Surry County must take immediate steps to collect and properly dispose
of any leachate within the transition area between Phase 1 and the new Phase 4 construction, as well as install
and maintain temporary measures to prevent and/or control any future leachate generated until the necessary
permanent repairs are complete. The Section issued a letter to Surry County on December 16th with specific
questions as to an assessment of conditions and the proposed repairs needed.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 6

D. 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”

• Attachment 2, Part I of the approved permit states in part:

➢ “(2) Construction of all solid waste management units within this facility must be in accordance with
the pertinent approved plans and only for those phases of development approved for construction as
described in Attachment I, Part II List of Documents for the Approved Plan.”

➢ “(4) Modifications or revisions of the approved documents or changes during construction of any
landfill unit/cell require approval by the Section.”

Surry County is in violation of 15A NCAC 13B .0203(d) and permit conditions in that Phase 4 construction
revealed inconsistencies in previously submitted drawings and observed field conditions as it relates to the liner
tie-in., which has in part lead to the violations noted above. In addition, changes to the entrance road have been
made. The Section was not notified on these items in advance of the December 5th and 12th site visits, and
therefore any changes were not approved by the Section.

In order to comply with .0203(d) and the noted permit conditions, Surry County shall supply the
information requested in the December 16th letter and implement any changes required prior to completion
of the liner tie-in between existing Phase 1 and future Phase 4.

ADDITIONAL COMMENTS

1. The facility is permitted to receive waste generated within a 90-mile radius of Surry County.
2. The facility consists of a lined municipal solid waste landfill unit, white goods area, tire collection area, a less than
2-acres Land Clearing and Inert Debris Unit, and a recycling area for the collection of paper, cardboard, glass and
plastic containers, aluminum, steel cans, batteries, cooking oil and electronics.
3. Scrap metal is collected adjacent to the concrete pad designated for the collection of white goods.
4. A gate was provided at the entrance of the facility to prevent unauthorized access.
5. The facility had proper signage.

Operations Inspection of the MSWLF Unit:

6. Waste was being placed on southwest portion of Phase 2.
7. The working face was very small and compact.
8. No unacceptable waste streams were observed.
9. A small amount of windblown waste was observed on the western slope of Phase 1 near the transition point to
Phase 2. However, the windblown material was maintained within the landfill footprint. Please ensure all
windblown waste is picked up and returned to the disposal area at the conclusion of the operating day.
10. Conditions were very wet at the time of inspection due to recent rains. However, access roads were maintained
allowing for access and exit from the working face.
11. Construction of the new Phase 4 was in progress at the time of inspection.
The item(s) 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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 6

12. During the December 5, 2019 inspection, severe sedimentation was observed into the woods to the Ararat River
south of the Phase 4 Construction. The sediment basin at the southeast corner of Phase 4 was being dipped out
during the inspection. This condition was referred to Ms. Tamara Eplin, Regional Engineer with the Division of
Energy, Mineral and Land Resources (DEMLR) on December 6, 2019.
• Inspection on December 12, 2019 found that work to remove sediment from the basin within Phase 4
appeared to have been completed. Additional stone had been placed at the outlet of the pipe leading from
the basin, and the silt fence at the toe of the slope had been repaired. Sediment within the woods had been
seeded and straw mulched. This information was forwarded to Ms. Tamara Eplin on December 16, 2019.
• Please continue to work with DEMLR staff to address erosion and sedimentation concerns.

Operations Inspection of the White Goods Area:

13. All white goods containing chlorofluorocarbons (CFCs) were being collected onto a designated concrete pad
adjacent to the scrap metal staging area.
14. All white goods containing CFCs were being maintained in an upright condition at the time of inspection.
15. A private contractor was on site at the time of inspection collecting metal and white goods. This contractor had
staff on site removing CFCs.
16. Please ensure that all small broken pieces of plastic, metal, and glass related to collection and crushing of appliances
is removed to prevent the creation of nuisance conditions.

Operations of the Tire Collection Area:

17. Tires are temporarily placed on the ground and then loaded into a trailer regularly throughout the day.
18. This area was well managed.

Operations of the LCID Unit:

19. The working face was less than one acre in size at the time of inspection.
20. No unacceptable waste streams were observed.
21. This area was well managed.

Supporting Comments:

22. The inspection performed on December 12, 2019 was a partial inspection to facilitate a meeting with Surry County
staff and Mr. Wayne Sullivan with Municipal Engineering Services, Co.
• On December 16, 2019, Mr. Gaither, Permitting Engineer, issued a letter to Ms. Montgomery via electronic
correspondence addressing the Solid Waste Section Permitting Branch’s concerns from the inspection
performed on December 5, 2019 and subsequent meeting on December 12th.
• Please refer to Mr. Gaither’s letter regarding additional information requested to be submitted to the Solid
Waste Section.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 6 of 6

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 12/20/19 Email Hand delivery X US Mail (w/
NOVs)
Certified No.: 7018 0360 0002 2099 2939
& 7018 0360 0002 2099 2946

Copies: Chris Knopf, Surry County Manager
Jason Watkins, Field Operations Branch Head (SWS)
Deb Aja, Western District Supervisor - Solid Waste Section (SWS)
Allen Gaither, Permitting Engineer (SWS)
Sherri Stanley, Permitting Branch Head (SWS)
Ed Mussler, Chief (SWS)