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2002_ROSCANS_2007
ALT'ri'ma;wA NCDENR N H Cw — Dery T1— or Envino�+n Crrt wnD N,auAK RcsWRGE9 N-ort-h-Car-oti-na-Department of -Environment a-nd-Na-tLral-Reso-u-r-ces Asheville Regional Office Division of Waste Management Solid Waste Section Michael F. Easley, Governor August 1, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED #7005 0390 0001 3531 4519 Mr. David Badger Cherokee County 75 Peachtree Street Murphy, North Carolina 28906 Subject: Post Closure Use of Cherokee County Landfill Cherokee County Facility / Permit No. 20-01 Dear Mr. Badger: William G. Ross 3r., Secretary It has come to my attention that the closed Cherokee County landfill has been leased to Mr. Gil Hargett and the site is proposed to be used as an activity location for Pacesetters, a youth group. The Division of Waste Management has problems with utilizing this closed landfill site for any activity. Listed below are concerns: 1. Any post closure uses of landfills has to be approved by the Solid Waste Section Engineering Staff. 2. An active methane gas system has been installed on the landfill property to prevent off site migration of methane gas. The system has an above ground piping system that could be easily damaged, not to mention the fact that human life could be threatened if the piping system is damaged by activities. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 ♦ Fax 828-299-7034 One www.enr.state.nc.us/ NorthCarolina An Equal Opportunity / Affirmative Action Employer Naturally We strongly recommend that the landfill not be used as an activity location; however, if Pacesetters intends to pursue this use, a plan will have to be submitted to the Solid Waste Section Engineering Staff. The plan will have to detail how the methane gas system will be protected from any activities. Please contact me if you have any questions. Sincerely, James E. Patterson Environment Senior Specialist Solid Waste Section Cc: Jim Coffey Mark Poindexter, NCDENR, Field Operations Branch Head Deborah Aja, NCDENR, Western District Supervisor Robert Allen, Cherokee County Solid Waste Dept., 75 Peachtree St. Murphy, NC 28906 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 ♦ Fax 828-299-7034 www.enr.state.nc.us/ An Equal Opportunity / Affirmative Action Employer Nne orthCarolina �atur"Iff Report Subject: Report From: "wanda payne" <wanda.payne@cherokeecounty-nc.gov> Date: Mon, 26 Jan 2009 10:03:33 -0500 To: "Troy Harrison" <Troy.Harrison@ncmail.net> Re: Permit # 20-01 Audit of 11/25/08 Small area of bare ground in northeast corner has been seeded. All well covers have new locks. Small trees have been removed. Recycling trailers have been removed from site. 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NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCL AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: (check all that apply to this audit with same Permit number) Lined MSWLF LCID YW Transfer Compost SLAB COUNTY:Cherokee PERMIT NO.: 20-02 i Ell F TYPE COMPLIANCE Closed MSWLF HHW White goods Incin T&P FIRM CDLF Tire T&P / Tire Industrial DEMO SDTE Collection Monofill Landfill Date of Audit: 7/6/07 FACILITY NAME AND ADDRESS: Cherokee County municipal Solid Waste Landfill Highway 74 Marble, N. C. 28905 Date of Last Audit: 4/20/07 GPS COORDINATES: (Decimal Degrees) N:35.18103 W: 083.90807 FACILITY CONTACT NAME AND PHONE NUMBER: Robert Allen, Cherokee County Solid Waste Director Telephone 828-837-2621 FACILITY CONTACT ADDRESS (IF DIFFERENT): Robert Allen, Director Cherokee County Solid Waste Department c/o Cherokee County Courthouse 75 Peachtree Street Murphy, N. C. 28906 AUDIT PARTICIPANTS: Jim Patterson- NCDENR, Solid Waste Section Jeff Clark, Cherokee County Solid Waste Department STATUS OF PERMIT: Active- Permit to operate issued April 1, 2005 PURPOSE OF AUDIT: Comprehensive audit of municipal solid waste landfill; inspections of yard waste T and P facility and scrap tire collection site. NOTICE OF VIOLATIONS) (citation and explanation): 15A NCAC 13B .1626(2)(a) States that owners or operators of MSWLF units must cover disposed waste with six inches of earthen material at the end of each operating day. Cherokee County was operating in violation of this rule in that waste has not been covered required six inches of soil each day. 15A NCAC 13B ,1107(2)(c)- States that whole tires capable of holding water shall be covered upon receipt with a water shedding material or disposed of , processed, or removed from the site within 10 days of receipt. Cherokee County was operating in violation of this rule in that tires coming into the landfill from un-manned convenience sites and removed from the working area are not being taken directly to the tire trailer for shipment off site. FACILITY COMPLIANCE AUDIT ZZEPORT Division of Waste Management Solid Waste Section r r n r"1HrIJ A compliance date of August 1, 2007 has been established for the violations noted above You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may 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. N/A AREAS OF CONCERN AND COMMENTS: 1. Service area for this facility is Cherokee County 2. The landfill is still receiving about 60 tons of waste a day. 3. Equipment break down seems to be the reason why staff is behind on daily cover. A landfill cannot operate without proper equipment. This issue needs to be resolved immediately. 4. Alternate daily cover approval (tarp) letter issued 12/18/00. 5. Leachate disposal agreement with Town of Andrews effective until June 30, 2017. 6. Methane gas testing was done on 7/2/07 7. Need to repair some eroded areas on inactive slope. 8. Due to drought conditions most of the landfill area needs to be reseeded. 9. Waste screening forms and scrap tire certification forms look good. 10. Groundwater issues are being addressed by Raleigh Central Office. 11. White goods/metal storage area look good. 12. Still a small amount of material on edge of landfill. Remove this material ASAP. ase contact me if u have any questions or concerns regarding this audit report. _ ( signature) Phone: 828-296-4700 Regiona Representative Distribution: original signed copy to facility -- signed copy to compliance officer — e-mail or copy to super Delivered on : f Click and type date 1 by hand delivery US Mail ified No. f l �7Ivg-P3-49191401133i �y�a Cc: David Badger, Cherokee County Manager Land Quality Section: 2090 U.S. Highway 70, Swannanoa, NC 28778, (828) 296-4500 County �p Project: Cp , L4+r f, j) Ft I, V River basin: /-// %t &SS eE Person financially responsible: d h 8 9015 Co 0� 4LA-v4 Project # Address: '% S PCA-Ckf 71✓c,- ST N C % 89D Case # 1. Project location: Uhe-Vbf&t- Co. &4�� -0 Pictures: No:X Yes: ❑ Prints: /❑ Slides: ❑ Video: ❑ Digital: ❑ 2. Weather and soil conditions: ('JiP,ui aleg i s. is site currency unaer notice of vto►atton. Yes: LJ No: ^ 4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ NoX 5. Violations: ❑ a. No approved plan, G.S. 1 I3A-57 (4) and 15A N.C.A.0 413.0107(c) % b. Failure to follow approved plan, G.S. I I3A-57(5) ❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and 15A N.C.A.C.4B.0118(a) ❑ d. Failure to provide adequate groundcover, G.S. 1 13A-57(3) and 15A N.C.A.C. 413.0107(b) or 15A N.C.A.C. 413:0124(e) ❑ e. Insufficient measures to retain sediment on site. G.S. 113A-57(3) ❑ f. Failure to take all reasonable measures. 15A N.C.A.C. 413.0105 Initial inspection: Yes:X No: ❑ If no, check violations below: ❑ g. Inadequate buffer zone, G.S. I I3A-57(1) ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d) ❑ i. [,unprotected exposed slopes, G.S. I I3A-57(2) ❑ j. Failure to maintain erosion control measures, 15A N.C.A.C. 413.0113 ❑ k. Other (describe) 6. Potential NPDES Permit Violation? Yes: F No:9 Describe: 7. Has sedimentation damage occurred since last inspection? Yes: ❑ If yes. where" tcheck all that apply) No: Lake/natural watercourse on the tract: ❑i Lake natural watercourse off the tract: _ Other property: 171 Description: Degree of damage: slight: ❑ moderate : severe : ❑�� 8. Contact made with (name): aqy P. (�CCEie.1 _ `TEOFF 1,.io F.,I Inspection report given: ❑ or sent: to person financially responsible. Date given sent: A3 9. Corrective actions needed: ,f J -5�4 e'A S 5 In o u. &t n ,u 4-i e A -a e ro ved /A)Cye"a 'OF -rWE R0C-K brtr-,,.. eAr IRE- -- CJIvtQ i wpg E he l ow -{— P-c-c�s s ro s►-o A 7-ue 6u. t01-X-� �. Su hve,e r S CZ-, c---Pos,-ah col. /,g-.., ale{-�._ [; Nj P" e- 41A 0 d s pa h.'[ .` z,�.. g 1510 ,-e ,� e /o by 4-11.e. 10. Comments: r e7ye j S pi: 4-s � k-14, ( -4 Y 5ea�4t&>�,'4 U4lec.., ew"A t S/o /Se�Dw �7�tc 4-C- S t-0,q-0 i S 5 /74A /, Zt 0. Report by:�A-4es Others present: T✓Dy l-> )1tVe S•,�r /3e gbAA 41 A Date of inspection: - t, b -7 Time arriving on site: /D: 3OAt-w. Time leaving site: / : / $ pk" cc f� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: (check all that apply to this audit with same Permit`number) Lined X LCID YW Transfer Compost SLAS COUNTY:Cherokee MSN'LF Closed HHW White X Incin T&P X FIRM PERMIT NO.: 20-02 M S W LF goods CDLF Tire T&P/ X Tire Industrial DEMO SDTF FILE TYPE: COMPLIANCE Date of Audit: 1/18/07 Date of Last Audit: 11/03/06 FACILITY NAME AND ADDRESS: Cherokee County Municipal Solid Waste Landfill US Highway 74 Marble, N. C. 28905 GPS COORDINATES: (Decimal Degrees) N: 35.18103 W: 083.90807 FACILITY CONTACT NAME AND PHONE NUMBER: Robert Allen, Director of Solid Waste Telephone 828-837-2621 FACILITY CONTACT ADDRESS (IF DIFFERENT): Robert Allen, Director Cherokee County Solid Waste Department C/o Cherokee County Courthouse 75 Peachtree Street Murphy, N. C. 28906 AUDIT PARTICIPANTS: Jim Patterson, NCDENR-Solid Waste Section Jeff Clark, Cherokee County Solid Waste Department STATUS OF PERMIT: Active- Permit to Operate issued April 1, 2005 PURPOSE OF AUDIT: Comprehensive audit of municipal solid waste landfill: inspections of yard waste T and P area and scrap tire collection site. NOTICE OF VIOLATION(S) (citation and explanation): NONE You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may 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. STATUS OF PAST NOTED VIOLATIONS (List all noted last audit): N/A FACILITY COMPLIANCE AUDIT ]PORT i Division of Waste Management Solid. Waste Section Page 2 of 2 AREAS OF CONCERN AND COMMENTS: 1. Cherokee County Landfill is accepting only waste generated in Cherokee County: however the service area for the landfill in the permit includes Graham, Swain, and Clay counties 2. The landfill is presently receiving about 60 tons of waste a day. 3. Waste determinations are on file for wastes generated at Town of Andrews Wastewater Treatment Plant, Coats America, and Team Industries. 4. Need to have fire department inspect the scrap tire collection area. The last inspection was on 10/12/05. 5. Last financial assurance documentation was dated 11/03/06 6. Edge of liner markers along the slope next to the Valley River have been replaced since last audit. 7. The inactive cell has been mown since last audit. Good work. 8. Some small eroded areas were observed on the active cell exterior slope. Repair these areas. 9. The exterior slope has been seeded since last audit and has a pretty good stand of grass. 10. A leachate collection systems inspection was conducted by Jeff Clark on 12/05/06. 11. Waste screening forms are being completed by staff on the average of twice a week. It appears that the 1 % screening requirement is being met. 12. Landfill gas testing was done on 1/4/07. All wells tested had 0 % LEL's. 13. Last groundwater sampling event was September 2006, Groundwater issues are being addressed by Raleigh Central Office. 14. Jeff Clark is certified as MOLD until February 2010. In house SWANA training taught by Jeff Clark on 5/8/05 and 6/11/05. The two classes gave the attendees 10 ceu's. The course topics were waste screening and Health and Safety. Attendees included: Robert Allen, Dick Godfrey, Wanda Payne, Jason Rowland, and James Phillips. The training is due again before the course dates in 2008. (May and June) 15. A small amount of windblown material needs picking up. 16. Training course given to landfill employees in September 2006 by Cherokee County Emergency Services. The training covered hazardous waste recognition and emergency procedures. 17. White goods area appeared in proper order. Refrigeration equipment is being seperated from other materials and an outside contractor is removing CFO's. Please contact me if you ha e any questions or concerns regarding this audit report. ( signature) Phone: 828-296-4700 Regional Representative Distribution: original signed copy to facility -- signed copy to compliance officer — e-mail or copy to super Delivered on _[ Click and type date 1 by hand delivery US Mail tified No. j_j A&I ,�/ FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management NCDENR Solid Waste Section NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES UNIT TYPE: (check all that apply to this audit with same Permit number) Lined X LCID Y\1Tx Transfer Compost SLAS COUNTY:Cherokee MSGVLF Closed HHW White lncin T&P FIRM PERMIT NO.: 20-02 MSWLF good., Ti- MIT FILE TYPE: C—OM Collection M--FILE Landfill Date of Audit: 4/20/07 Date of Last Audit:1/18/07 FACILITY NAME AND ADDRESS: Cherokee County Municipal Solid Waste Landfill US Highway 74 Marble, N. C. 28905 GPS COORDINATES: (Decimal Degrees) N: 35,18103 W: 083.90807 FACILITY CONTACT NAME AND PHONE NUMBER: Robert Allen Cherokee County Solid Waste Director Telephone 828-837-2621 FACILITY CONTACT ADDRESS (IF DIFFERENT): Robert Allen, Director Cherokee County Solid Waste Department c/o Cherokee County Courthouse 75 Peachtree Street Murphy, N. C. 28906 AUDIT PARTICIPANTS: Jim Patterson, NCDENrR-Solid Waste Section Jeff Clark, Cherokee County Solid Waste Department STATUS OF PERK UT: Active -Permit to operate issued April 1. 2005 PURPOSE OF AUDIT: Comprehensive audit of municipal solid waste landfill: inspections of scrap tire collection site and yard Nvaste treatment facility. NOTICE OF VIOLATIONS) (citation and explanation): NONE You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may 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. STATUS OF PAST NOTED VIOLATIONS List -all noted -last audit N/A FACILITY COMPLIANCE AUDIT T 'VORT Division of Waste Management Solid Waste Section Page 2 of 2 AREAS OF CONCERN AND COMMENTS: 1. Cherokee County is accepting only waste generated in Cherokee County; however, the service area for the landfill in the permit includes Graham, Swain, and Clay Counties. 2. The landfill receives approximately 60 tons of waste a day. 3. Groundwater monitoring wells were tested on 2/12/07. The Raleigh Central Office addresses this issue. 4. Methane gas testing conducted on 4/10/07. 5. The contingency plan for potential fires at the tire collection area needs updating. Some of the phone numbers are incorrect. 6. A hazardous waste recognition class was taught to landfill employees by Cherokee County Emergency Services staff on September 5, 2006. 7. The waste screening forms and the scrap tire certification forms look good. 8. Completed areas of the landfill need seeding. 9. Remove all materials stored on edge of landfill near maintenance building. (timbers, metal, old dumpsters, etc.) 10. A fire inspection was conducted at the tire collection facility by the fire marshall on 2/8/07. 11. Pick up litter at the litter fence along the access road. - - - - --- -- - -- - 12. Jeff Clark is certified as MOLO. (expires February 2010) An in house SWANA training was taught by Jeff Clark on 5/8/05 and 6/11/05. The two classes gave the attendees 10 ceu's. The course topics were waste screening and health and safety. Attendees include: Robert Allen, Dick Godfrey, Wanda Payne, Jason Rowland, and James Phillips. 13. The daily operations at the landfill look good. Waste is being restricted and covered as required. A tarp is being used as alternate daily cover. 14. White goods and metal storage area look good. CFC's are being removed by an outside contractor. P�contact me if you have any questions or concerns regarding this audit report. signature) Phone: 828-296-4700 Regional Representative Distribution: original signed copy to facility -- signed copy to compliance officer — e-mail or copy to super on. -r Click and type date 1 by hand delivery j US Mail I I ified No. j_j NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANC) NATURAL RESOURCES UNIT TYPE: (check all that Lined X LCID YW MSWLF Closed HHW White MSWLF goods CDLF Tire T&P / v Tire Date of Audit: 8/9/07 FACILITY COMPLIANC, XDIT REPORT_ Division of Waste Management Solid Waste Section this audit with same Permit number) Transfer Compost SLAS COl1NTY:Cherokee Inca' T&P FIRM PERMIT NO.:20-02 Industrial DEMO sDTF FILE TYPE: COMPLI Landfill Date of Last Audit: 7/6/07 FACILITY NAME AND ADDRESS: Cherokee County Municipal Solid Waste Landfill Highway 74 Marble, N. C. 28905 GPS COORDINATES: (Decimal Degrees) N: 35.18103 «1:083.90807 FACILITY CONTACT NAME AND PHONE NUMBER: Robert Allen, Cherokee County Solid Waste Director Telephone 828-837-2621 FACILITY CONTACT ADDRESS (IF DIFFERENT): Robert Allen, Director Cherokee County Solid Waste Department c/o Cherokee County Courthouse 75 Peachtree Street Murphy, N. C. 28906 AUDIT PARTICIPANTS: Jim Patterson, NCDENR- Solid Waste Section Jeff Clark, Cherokee County Solid Waste Department STATUS OF PERMIT: Active- Permit to operate issued April 1, 2005 PURPOSE OF AUDIT: Notice of Violation compliance inspection NOTICE OF VIOLATIONS) (citation and explanation): NONE You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may 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. STATUS OF PAST NOTED VIOLATIONS (List all noted last audit): Violations noted on the 7/6/07 landfill audit, specifically 15A NCAC 13 B .1626(2)(a) and 15A NCAC 13B .1107(2)(c), have been corrected. FACILITY rON[nLIANCE AUDIT IfEPORT Division of Waste Management J Solid Waste Section Page 2 of 2 AREAS OF CONCERN AND COMMENTS: NONE �e contact me if you have any questions or concerns regarding this audit report. ( signature) Phone: 828-296-4700 Regional Representative Distribution: original signed copy to facility -- signed copy to compliance officer — e-mail or copy to super Delivered on _[ Click and type date 1 by hand delivery US Mail ified No. jj v 0 w a a v y 1 w r z W IQ k m � b 9 0 v O =1 _ h d � is o L. t - =1 r� w '. U it 0 � = O 0 0 O iU iU w CD �. CD CD ::3 O 0 CD `< ,0_ =3' CD CO (D g --I Q CD U CD 0 �0 O 0 1-1 00 -0< 0CD �0 �3 CD —h CD 0-0 (D O cn � 0 c0 O� 0 gQ CD Q CD --� 70 00 cn CD r-t-Q O co �0 �0 (D —* cD ow N O ........... id it g1 4 .............. . Ft . . . . . . . . . . INS e. Il aa�,A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste N.anagement -Solid Waste Section l .t; UNIT TYPE: (check all that apply to this audit with same Permit number) Lined X LCID X YW Transfer Compost SLAS COUNTY: Cherokee MSWLF PERMIT NO.: 20-02 Closed HHW White X Incur T&P FIRM MSWLF goods FILE TYPE: COMPLIANCE CDLF X TireT&P/ Tire Industrial DEMO SDTF Collection Monofiil Landfill Date of Audit: December 18, 2007. FACILITY NAME AND ADDRESS: Cherokee County Landfill 10160 US 19/74/129 Marble, NC 28905 Date of Last Audit: August 9, 2007 GPS COORDINATES: (Decimal Degrees) N: 35.18103 E:-83.90807 FACILITY CONTACT NAME AND PHONE NUMBER: Robert Allen, Director 828/837-2621 FACILITY CONTACT ADDRESS (IF DIFFERENT): Cherokee County Solid Waste Department c/o Cherokee County Courthouse 75 Peachtree Street Murphy, NC 28906 AUDIT PARTICIPANTS: Troy Harrison, NCDENR-Division of Waste Management (DWM)/Solid Waste Section (SWS) Deb Aja, NCDENR-DWM/SWS Jeff Clark, Cherokee County Solid Waste Department STATUS OF PERMIT: Active -Permit to Operate issued April 1, 2005 PURPOSE OF AUDIT: Audit NOTICE OF VIOLATIONS) (citation and explanation): 15A North Carolina Administrative Code 13B .1626 (8)(d) states: leachate shall be contained on site or be treated prior to discharge. Cherokee Co. was in violation of 15A North Carolina Administrative Code 13B .1626 (8)(d) in that on December 18, 2007; leachate was being collected in a holding pond located at the edge of landfill liner. Standing leachate was observed beyond edge of the liner. The Leachate was ponded over the leachate cleanout line in Phase 1. In order to achieve compliance, Cherokee County Landfill must immediately: Assure leachate is contained on site or properly treated prior to discharge, and '2. Assess the impact of the leachate release outside of the waste cell. Further action may be required by the Division. VA1;1L11 Y.l:V1V1YL1A1Vl:N; AUDI Division of Waste Managemew, Solid Waste Section 2 of 2 15A North Carolina Administrative Code 13B .1626 (8)(b) states: Surface water shall not be impounded over or in waste. Cherokee Co. was in violation of 15A North Carolina Administrative Code 13B .1626 (8)(b) in that on December 18, 2007; leachate was being contained in two areas at the landfill. One area is a holding pond located at the edge of the landfill liner and another is on the landfill located on top of the waste. In order to achieve compliance, Cherokee County Landfill must immediately take measures to remove any ponded water over trie waste and properly reme late. urter action may be required by the Division. You are hereby 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 Statute or Regulations. If the violation(s) noted here continue, you may 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. STATUS OF PAST NOTED VIOLATIONS (List all noted last audit): None AREAS OF CONCERN AND COMMENTS: Record/File Review 1. A current facility Permit to Operate (No. 20-02, dated 4/1/052) was on file at the site. 2. A Fire Safety Review was conducted by Cherokee Co. Fire Marshall on 8/29/07 3. Scrap tire certifications were reviewed for completeness, forms were filled out correctly. Approximately two semi -trucks are filled each month with approximately 1100 tires per semi. Tire records are maintained by Ms. Wanda Payne at the Landfill Office. 4. Landfill gas migration survey data was recorded and available. The previous monitoring dates being 12/4/07, 9/27/07 and 7/2/07. The data is measured in % gas by volume. No exceedances were noted in wells P-1 through P7. 5. Groundwater sampling reports were observed. This was completed on 11/20/07. 6. The waste screening file was reviewed. This landfill accepts MSW and C&D, which is dumped at the working face by commercial operators and at receptacles on site and at locations throughout the county by private individuals. Mr. Clark said that two loads of waste are checked per week and this is noted in a logbook. The logbook was reviewed.. It appears that no banned waste was noted in these checks. Recycling Activities 7. Tires were observed stacked in a semi -trailer and out of the weather. 8 White goods at located on a concrete pad and standing upright. These items are kept in a separate area from the rest of the metals until the freon is removed. Freon is removed by a contractor then marked with an "x". Landfill employees were observed raking up metal debris leftover after most of the material had been hauled off by a truck earlier that morning. 9. The cardboard, newspaper, aluminum cans are baled on a separate building and sold. There is also an area where salvageable materials are placed and are offered free to the public. 10. Automobile batteries are stored on a pallet, in a separate area and placed upright for collection. 11. Used oil is accepted and picked up by an oil recycling company. Landfill Observations 12. We observed a small amount of windblown material due to high winds the past two days. Mr. Clark said that this would be removed ASAP. 13. LCID was observed on site but not on the current lined area. Mr. Clark said this material had been there approximately 2.5 years. We spoke about the danger of fire if leaves from yard waste are mixed in with the LCID. Mr. Clark said yard waste is not put on the pile. This activity will need to be included in the operation plan. Division of Waste Management Solid Waste Section - Page 3 of 3 w 14. A track hoe was being used to place soil over cell one of Phase one of the landfill. There were small amounts of trash on the surface; however Mr. Clark said this would be removed before seeding. 15. We observed the working face of the landfill at cell two of Phase one. An employee was using a dozer on the face to compact the waste as it arrives. Several tires had been picked out when observed to place in the semi- trailer later. The track hoe was placing soil over a portion of the face to keep it as small as possible and tie in cell one with cell two. A tarp is used to cover the material at night. The tarp appeared worn and has been apparently repeatedly repaired. Mr. Clark said that a new tarp has arrived and will be used after the end of the year of sooner if necessary. 16. Standing water was observed on the landfill. There was alsnstanding leachate in a sedimentation hasin at the edge of the landfill. The edge of the liner is under the water, possibly allowing leachate to contaminate the groundwater. This is a violation of 15A North Carolina Administrative Code 13B .1626 (8)(d). Standing water was also observed in the lined area of the landfill over Cell three of Phase 1. This is a violation of 15A North Carolina Administrative Code 13B .1626 (8)(b). There is a clean out access to the leachate collection in this area based on blueprint diagrams and further conversation by phone to Mr. Clark on 12/19/07. It also appears that there is nothing to prevent leachate from gathering at this area because it is downhill from the working face. Mr. Clark stated that he had contacted an engineering firm to assist and are pumping the leachate to the collection system 17. The working face of the landfill is very close to the edge of the liner and has been noted in previous audits by the previous inspector. Please contact me if you have any questions or concerns regarding this audit report. r-rson a L (signature) Phone: 828/296-4701 R nal Representative Distribution: oriEinal signed copy to facility -- e-mail to compliance officer — e-mail or cony to super Delivered on : December 21, 2007 by hand delivery US Mail Certified No. r7004 1350 0001 6624 6940 1 Cc: David Badger, County Manager Jeff Clark, Cherokee County Solid Waste ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ;'Cherokee County Soild Waste D Robert Allen, Director c/o Cherokee County- Courthouse 75 Peachtree Street - _ . w I!1 �QOnf1 �', IrrIrIllrlrlllrrli�rrrllrrrLlrl ' Signature A i ❑ Agent U. ❑ -Addres: B, Leceived by (Printe Name) C. Date of Deliw D. Is delivery address different from. item 1? ❑ Yes iES, enter delivery address below: ❑ No rtment 3. Service Type ld Certified Mail ❑ Express Mail ❑ Insured Mail ❑ C.O.D. 2. Article Number 7005 0390 0001 3531 4472 (Transfer from service label) PS Form 3811, February 2004 Return RetuReceipt 102595 o2-M ...Ii..t...t.11.1_... 1....;11 1 -V I II-r ! - s:.t: r;..•;- -.: . ® Complete items 1, 2, and. 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: M ID Agent ❑ Addres: �I^Received lby(Printed Name) C. Date of Deliv f iit;T! tL It �' �; ,S l•Pf "�`� I -C� % D. Is delivery address different from item 1? ❑ Yes ="1S, enter delivery address below: ❑ No David Badger, Cherokee CountyWanager Cherokee County Courthouse i 75 Peachtree Street t- [Murphy, North Carolina 28906 3. Service Type Certified Mail ❑. Express Mail ❑ Registered ❑ Return Receipt for Merchand is ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes - — - 2: Article Number 7005 0390 0001 3531 4489 (Transfer from service label) PS Form 3811, February 2004 -Domestic Return Receipt 102595-02-M-1 ru ® . m u'1 M Postage $ I-R Certified Fee E3 Return Receipt Fee (Endorsement Required) ©?,1.� Postmark Here O O Restricted Delivery Fee (Endorsement Required) ES' MTotal O Postage & Fees _ p $ i , P/ Lnp n l Sgn I�t 20C' sDbd ; ....?}.e;:.....1%.Y �IfEG7�V O 17�E3 Street, Apt. No.;n0(!/Q: IBLVwUSrL 15..%t QL� or PO Box No. .............................. ............ ......P�....... ....... City StaPe ZIP+4 :al rr