2201_ROSCANS_1981

STATEo
•@ qwr �•
STATE OF NORTH CAROLINA
JAMES S. HUNT. JR. DEPARTMENT OF HUMAN RESOURCES
OOVEIINO:
Division of Health Services
SARAH T. MORROW. M.D.. M.P.H.
•EO"'TART WESTERN REGIONAL OFFICE
BUILDING 3
BLACK MOUNTAIN.'N.C. 28711
March 6, 1981
Mr. Howard Wimpy, Chairman
Clay County Board of Commissioners
Hayesville, NC' 28904
Dear Mr. Wimpy:
On December 17, 1980 and February 9, 1981, I inspected the
Clay County Landfill, Hayesville, North Carolina. This letter
is to notify you that the following violations of the North
Carolina "Solid Waste Management Rules" were recorded on these
two consecutive inspections:
A. Failure to cover waste at the close of each operating
day with at least 6" of compacted earth (DHS Rule .115(3)
B. Permitting off -site siltation (DHS Rule .1 7)
Si rel
7 W. Moore, ., R. S.
/District Sanita 'an
i,
JWM/dgh
cc: 'Ir. Julian Foscue
HUGH H. TILSON. M.D.
DIRECTOR

:. NORTH CAROLIN►
sT DEPARTMENT OF HUMAN RESOURCES
c INTER OFFICE MEMORANDUM
DATE 6/12/81
TO Julian Fescue
FROM Jim Moore
The two violations referred to in..my March 12,
1981 letter to Clay County were not corrected
as of June 10, 1981.
DHR Form 2 (8/75)

STATE OF NORTH CAROLINA
JAMES S. HUNT. JR. DEPARTMENT OF HUMAN RESOURCES
OOVERNOR
Division of Health Services
SARAN T. MORROW, M.D.. M.P.H.
•EGRETARY WESTERN REGIONAL OFFICE
BUILDING 3
BLACK MOUNTAIN.A .C. 28711
March 12,. 1981_
Mr. Howard Wimpy, Chairman
Clay County Board of Commissioners
Hayesville, NC 28904
Dear Mr. Wimpy:
On December 17, 1980 and February 9, 1981, I inspected the
Clay County Landfill, Hayesville, North Carolina. This letter
is to notify you that the following violations of the North
Carolina "Solid Waste Management Rules" were recorded on these
two consecutive inspections:
A) Failure to cover waste at the close of each operating day
with at least 6" of compacted earth (DHS Rule .115(3)
B) Permitting off -site siltation (DHS Rule .115(7)
We are requiring that these violations be corrected by
April 17, 1981.
S 'dnc
e�r%e�ly ,
J es W. Moore, Jr., R.S.
District Sanitarian
JWM/dgh
cc: Mr. Julian Foscue
HUGH N. TILSON. M.D.
DIRECTOR

JAMES D. HUNT. JR
GOVERNOR
SARAH T. MORROW, M.D., M.P.H.
SECRETARY
CERTIFIED MAIL
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES.
Division of Health Services
P. O. Box 2091 ' Raleigh 27602
June 22, 1981
Mr. Howard Wimpy, Chairman
Clay County Board of Commissioners
Hayesville, North Carolina 28904
Dear Mr. Wimpy:
HUGH H. TILSON. M.D.
DIRECTOR
Pursuant to the Solid Waste Management regulations 10 NCAC 10C .0119 -
.0129, this letter is to inform you that an administrative penalty has been
assessed against the County of Clay. Following is listed the specific violations
and the penalties assessed:
Clay County Landfill, SR.# 1148, Hayesville,.North Carolina.
A. Failure to.cover waste at the close of each operating day with
at least 6" of compacted earth. (DHS Rule .115(3)
The penalty assessed for this violation is $50.00 for each day
that violation continues.
B. Failure to prevent off -site siltation. (DHS Rule .115(7)
The penalty assessed for this violation is $50.00 for each day
that violation continues.
A copy of the Rules is enclosed.
The assessment of the above described administrative penalties is
effective July 15, 1981. Please be advised that pursuant to 10 NCAC 10C
.0123(c), each day that a violation continues uncorrected after the date
shall constitute a separate violation. Upon correction of the violations
please notify Mr. J. W. Moore, Jr., District Sanitarian for Solid & Hazardous
Waste Management, telephone number(704) 669-3369, immediately so that the
administrative penalties will not continue to accumulate.
Checks should be made payable to the Division. of Health Services and
mailed to Mr. 0. W. Strickland, Head, Solid & Hazardous Waste Management
Branch, Department of Human Resources, 2nd Floor Bath Building, Raleigh,
N. C. 27611.
An appeal of this assessment of an administrative penalty may be made
within thirty(30) days after receipt of this notification. A request for an
administrative hearing must be submitted in writing. State the legal and
factual issues in dispute and/or state the reasons why the amount of .the
penalty should be decreased. When a hearing is requested, it shall be held

Mr. Howard Wimpy
Page 2
June 22, 1981
in accordance with the rules contained in 10 NCAC I.OB..0200, a copy of which
is enclosed. Payment of the penalty may be tendered in conjunction with a
hearing request and in such case, the payment will, be conditional upon final
action.
If any administrative penalty, as finally assessed, is not paid within
sixty(60) days after receipt of notice of penalty assessment where no hearing
was requested, or within sixty(60) days after_ service of a written copy of
the decision where a hearing was requested, the Secretary of Human Resources
shall request the Attorney General to commence an action to recover the amount
of the assessment.
Respectfully,
A�"S'�lu&
-/k n d, Head
Solid & Hazardous Waste Management Branch
Environmental. health Section
OWS:sms
Enclosures
cc: Mr. J. W. Moore, Jr. t`"r�

e
JAMES B. HUNT. JR.
OOVtRNOR
SARAH T. MORROW, M.D.. M.P.H.
SECRETARY
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
WESTERN REGIONAL OFFICE
BUILDING 3
BLACK hIOUNTAIN. N.C. 28711
July 27, 1981
TO: Julian Foscue
Western Area Supervisor
Solid & Hazardous Waste Mgt.
FROM: James W. Moore, Jr. L
District Sanitarian
Western Regional Office
RE: Clay County Landfill
HUGH H. TILSON. M.D.
DIRECTOR
I inspected the Clay County Landfill on July 21, 1981 and found
that previous violations for "Off -Site Siltation" and "6 Inches
Daily Cover" have been corrected. In discussion with Clay County
officials it was determined that those violations have been corrected
since July 13, 1981.
JWM/dgh