8606_NOV_20191220

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

December 20, 2019

CERTIFIED MAIL 7018 0360 0002 2099 2939
RETURN RECEIPT REQUESTED

Chris Knopf, Surry County Manager
Post Office Box 1467
Dobson, North Carolina 27017

CERTIFIED MAIL 7018 0360 0002 2099 2946
RETURN RECEIPT REQUESTED

Jessica Montgomery, Public Works Director/County Engineer
Post Office Box 342
Dobson, North Carolina 27017

SUBJECT: Notice of Violation
Compliance Inspection Report
Surry County Municipal Solid Waste Landfill
8606-MSWLF-1986
Surry County

Dear Sir and Madam:

On December 5, 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. A
subsequent inspection was performed on December 12, 2019 to facilitate a meeting with Surry
County Staff and Mr. Wayne Sullivan with Municipal Engineering Services, Co. Mr. Allen
Gaither, Permitting Engineer with the Section was also present for this meeting. During the
inspections, 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 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.”

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Surry County
Notice of Violation
Page 2 of 4
December 20, 2019

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.

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 1. 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.

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.

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Surry County
Notice of Violation
Page 3 of 4
December 20, 2019

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:
o “(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.”
o “(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.

Based upon the foregoing, Surry County shall come into compliance with all requirements of the
regulations in 15A NCAC 13B .1626(2)(a), .1626(8)(b), .1626(8)(d), and .0203(d) by completing
the following:

1. 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.

2. 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 (attached for reference) to Surry
County on December 16th with specific questions as to an assessment of conditions and the
proposed repairs needed.

3. 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.

North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Surry County
Notice of Violation
Page 4 of 4
December 20, 2019

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 [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 (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)

Attachments:
Facility Inspection Report
December 16, 2019 letter from Allen Gaither to Jessica Montgomery