1203-20120519 Complaint Audit

1�
NCDENR
NORTH CAROLINA OERARTM ENT OF
E'AHUNMENT _L� NArVRAL RE5OVRGE5
revised 512512012 8:21: 00 AM
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
LCID
YW
Transfer
Compost
SLAS
COUNTY: BURKE
MSWLF
PERMIT NO.: 12-03
Closed
X
HHW
White
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLAINT
CDLF
X
T;reT&Pi
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Audit: 5/19/12 and 5/21/12 Date of Last Audit: 4/16/12
FACILITY NAME AND ADDRESS
Active C&D over Closed MSW Land Fill — Johns River Facility
2500 Marsh Trail Rd.
Morganton, NC 28680
GPS COORDINATES: (Decimal Degrees) N: 35.78227"
FACILITY CONTACT NAME AND PHONE NUMBER:
Greg Watts — Solid Waste Supervisor [phone] Cell
Carson Fisher — General Services Director [phone]
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Bryan Steen — County Manager
Burke County General Services
P.O. Box 219
Morganton, NC 28680
AUDIT PARTICIPANTS:
Bill Wagner, NCDENR — DWM Solid Waste Section
Andrea Keller, NCDENR — DWM Solid Waste Section
Daryl Mayo — Landfill Equipment Operator
E:-81.6916'
STATUS OF PERMIT:
• Municipal Solid Waste last received prior to 1/01/98
• Municipal Solid Waste Facility Closed in accordance with 15A NCAC .1627
• An active C&D landfill (also covered by Permit 12-03) is in operation on top of the closed MSW landfill.
MSWLF FACILITY PERMIT NO: 12-03
ISSUANCE DATE
DIN No.
Original Permit 12-03: MSWLF:
April 16, 1987
Transition Plan (Closure Plan for the MSW included)
April 9, 1994
Modification to Transition Plan: 3 Acre C&D Unit Area
January 7, 1998
STATUS OF PAST NOTED VIOALTIONS:
Violations Observed on April 24, 2012
1. UNRESOLVED: 15A NCAC 13B .0534(b)(2)(C) for the failure to furnish to the Division, upon request, a
written plan, with time lines, for correcting violations of failing to operate the facility in accordance with the
operations plan as required by15A NCAC 13B .0544(b)(2).
2. UNRESOLVED: 15A NCAC 13B .0542(a) for failing to maintain and operate the facility in accordance with
the operation plan prepared in accordance with this Rule. Specifically Item 0"of Section 3 ("Cover Materials
Requirements') of Burke County's approved "Operations Plan" requires that "Waste will be covered with six
inches of earthen material when the waste disposal area exceeds one-half acre and at least once a week. "

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 6
3. RESOLVED: 15A NCAC 13B .0544(b)(2) for ensuring that monitoring wells are designed and constructed
in accordance with the applicable North Carolina Well Construction Standards as codified in 15A NCAC
02C. Specifically, all monitoring wells must be secured with locking well caps in accordance with 15A
NCAC 02C .0108(k).
4. CORRECTIVE ACTIONS IN PROGRESS: 15A NCAC 13B .1627(d)(1)(A) for failure to maintain the
integrity and effectiveness of the [closed MSW landfill ] cap system, by making repairs to the cover as
necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on
and run-off from eroding or otherwise damaging the cap system."
FACILITY HISTORY:
The Johns River Municipal Solid Waste (MSW) Landfill is an un-lined landfill owned by Burke County. The original
permit (12-03) for this facility was issued on April 16, 1987. The MSW facility was closed on December 31, 1997 in
accordance with the requirements in 15A NCAC 13B .1627.
An Assessment Monitoring Program for exceedances of the groundwater standards began in August 1995. A
Corrective Action Program was initiated in August 2003. A Corrective Action Plan (CAP) to restore groundwater
quality, consisting of monitored natural attenuation (MNA) in conjunction with phytoremediation was approved in
January 2009.
Map 1: Burke Co. GIS - Active C&D Landfill on top of Closed MSW 12-03 Site Map
(Red Arrows ­110, Denote Photo Perspective)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 6
PURPOSE OF AUDIT:
Investigation in response to complaint that the Facility is not always staffed with properly certified personnel
while the Facility is operating, as required in the Permit to Operate.
OBSERVED VIOLATIONS:
1. 15A NCAC 13B .0534(b)(2)(A) "Duty to Comply" states: "The permittee must comply with all conditions
of the permit, unless otherwise authorized by the Division. Any permit noncompliance, except as
otherwise authorized by the Division, constitutes a violation of the Act and is grounds for enforcement
action or for permit revocation, modification or suspension."
Item 12, of Attachment 3 (Conditions of Permit to Operate) of the Burke County Construction and
Demolition (C&D) Debris Landfill Permit No. 12-03 (FIN 9043) states:
"The facility operator must complete an approved operator training course in compliance with NCGS
130A-309.25
a. A responsible individual certified in landfill operations must be on -site during all operating hours
of the facility at all times while open for public use to ensure compliance with operational
requirements.
b. All pertinent landfill -operating personnel must receive training and supervision necessary to
properly operate the C&DLF in accordance with NCGS 130A-309.25 and addressed by
memorandum dated November 29, 2000." (Attached)
Burke County is in violation of 15A NCAC 13B .0534(b)(2)(A) in that it failed to ensure that an individual certified
in landfill operations was on -site during all operating hours of the facility at all times while open for public use, in
accordance with Item 12 ,of Attachment 3 (Conditions of Permit to Operate) of their Permit to Operate.
Specifically, on May 19, 2012, Bill Wagner and Andrea Keller of the Solid Waste Section conducted an
inspection of the Burke County C&D landfill. At that time Mr. Wagner and Ms. Keller observed the active
acceptance of waste at the C&D landfill for approximately one -hour (from 7AM to 8AM). During this time there
were no facility operators on -site that were certified in landfill operations.
In order to correct the above cited violation #1, Burke County must, immediately insure that a responsible individual
certified in landfill operations is on -site during all operating hours of the facility at all times while open for public use to
ensure compliance with operational requirements. Also, Burke County must track and record, in the facility's
Operating Record, the name(s) of the Certified Landfill Operator(s) and the times each of the Certified Operator(s) are
on site while the facility is open for public use.
2. 15A NCAC 13B .0534(b)(2)(1) "Proper Operation and Maintenance" states in part: "... Proper operation
and maintenance includes effective performance, adequate funding, adequate operator staffing and
training... "
Burke County is in violation of 15A NCAC 13B .0534(b)(2)(1) in that it failed to have an adequate number of its
landfill operators properly certified in landfill operations, to ensure that a properly certified landfill operator is on -
site during all operating hours of the facility at all times while open for public use. Specifically, on May 19, 2012,
Bill Wagner and Andrea Keller of the Solid Waste Section conducted an inspection of the Burke County C&D
landfill. At that time Mr. Wagner and Ms. Keller observed the active acceptance of waste at the C&D landfill for
approximately one -hour (from 7AM to 8AM). During this time there were no facility operators on -site that were
certified in landfill operations.
In order to correct the above cited violation #2, Burke County must, immediately insure that a responsible individual
certified in landfill operations is on -site during all operating hours of the facility at all times while open for public use to
ensure compliance with operational requirements. Also, Burke County must track and record, in the facility's
Operating Record, the name(s) of the Certified Landfill Operator(s) and the times each of the Certified Operator(s) are
on site while the facility is open for public use.
3. 15A NCAC 13B .0542(f)(1) states in part: "...the owners and operators of all C&DLF units must cover the
solid waste with six inches of earthen material when the waste disposal area exceeds one-half acre and
at least once weekly. Cover must be placed at more frequent intervals if necessary to control disease
vectors, fires, odors, blowing litter, and scavenging."

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 6
Burke County is in violation of 15A NCAC 13B .0542(f)(1) in that it failed to cover solid waste with six inches of
earthen material when the waste disposal area exceeds one-half acre and at least once weekly. Specifically, on
May 19, 2012, Bill Wagner and Andrea Keller of the Solid Waste Section conducted an inspection of the Burke
County C&D landfill. At that time Mr. Wagner and Ms. Keller observed that the area of exposed C&D waste was
excessively large. Using the Burke County Geographic Information System (GIS), it is estimated that the total
area of uncovered waste was approximately 0.9-acrres. (Photos 1(a&b) and 2(a&b))
In order to correct the above cited violation #3, Burke County must, immediately insure that all C&D waste is covered
with at least six inches of earthen material when the waste disposal area exceeds one-half acre and at least once
weekly (i.e. at least once every seven days). Cover must be placed at more frequent intervals if necessary to control
disease vectors, fires, odors, blowing litter, and scavenging. Burke County must also insure that a notation of the date
and time of the cover placement must be recorded in the operating record as specified in Rule 15A NCAC
.0542(n)(1)(F).
4. 15A NCAC 13B .0542(f)(2) states in part:"... areas which will not have additional wastes placed on them
for three months or more, but where final termination of disposal operations has not occurred, must be
covered and stabilized with vegetative ground cover or other stabilizing material."
Burke County is in violation of 15A NCAC 13B .0542(f)(2) in that it failed to cover and stabilize the western slopes
of the C&D landfill with vegetative ground cover or other stabilizing material. The western slopes of the landfill
have not received wastes within the past three months, nor has final termination of disposal operations occurred
in this area. (Photos 3 and 4).
In order to correct the above cited violation #4, Burke County must, immediately insure that all areas where the
termination of C&D waste disposal operations has not occurred, are covered and stabilized with vegetative ground
cover or other stabilizina material.
NOTE: In compliance audit dated 9/06/11 the following comment (#24) was made:
"24. As the northern and western slopes of the C&D landfill are currently being re -worked and re -shaped,
they do not have any cover vegetation. Burke County must ensure that those areas of the landfill which will
not have additional wastes placed on them for three months or more, but where final termination of disposal
operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing
material."
The item(s) listed above were observed by Section Staff and require action on behalf of the facility in order to
come into 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 Statute or Regulations. For the violation(s) noted here, you maybe 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 AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 6
1(a) Looking SW at the north end of the CD& landfill. Note
the large are of un-covered waste. (Photo taken 5/19/12)
2(a) Looking SSE at the NW at C&D waste on the NW
corner of the closed MSW landfill. (Photo taken 5/19/12)
AREAS OF CONCERN AND COMMENTS:
1(b) Looking SW at the north end of the CD& landfill. Note
the large are of un-covered waste. (Photo taken 5/21/12)
2(b) Looking SSE at the NW at C&D waste on the NW
corner of the closed MSW landfill. (Photo taken 5/21/12)
1. C&D waste has been allowed to migrate from the C&D landfill onto the NW corner of the closed
MSW landfill. (Figure 1 and Photos 2a and 2b). This waste must be either immediately moved
back to inside the C&D landfill limits of waste or, within 30 days of receipt of this report, closed
out in accordance with the requirements in 15A NCAC 13B .1627(c).
2. The perimeter access road on the eastern side of the landfill (north of groundwater monitoring
well #MW 13) is eroded to the point that it is impassable. (Photo #3) Immediately re -grade and
repair as necessary to ensure that this road is of all-weather construction and is passable.
The perimeter storm -water ditch is heavily silted.
3. The landfill staff has begun cleaning out this ditch on the SW corner of the landfill. (Photo #4)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 6 of 6
3. Looking (D) across the perimeter access road at
erosion & severe rutting. (Note the 7.5" X 4.5"
yellow field book for scale.)
4'a,��;�
lip
Ted F
4. Looking south down the perimeter storm water
ditch at the SW corner of the landfill. (Note where
landfill staff has begun cleaning out the ditch.)
Please contact me if you have any questions or concerns regarding this audit report.
,cam!' Phone: [phone]
Bill Wagner
Environmental Senior Specialist
Regional Representative
Delivered on : 5/25/12 by:
Electronic Mail to
Certified No. 7006 2150 0005 2458 9648
US Mail
X
To: Bryan Steen - Burke Co. Manager
ec: Mark Poindexter — Field Operations Branch Head, Solid Waste Section
Jason Watkins — Western District Supervisor, Solid Waste Section
Jessica Montie — Compliance Officer, Solid Waste Section
Carson Fisher, General Services Director / County Engineer — Burke County

Memorandum
To: Municipal Solid Waste Landfill Operators
Construction and Demolition Landfill Operators
From: Solid Waste Section
Date: November 29, 2000
Subject: Requirements for On -site Attendants at Municipal Solid Waste Landfills
and Construction and Demolition Debris Landfills
North Carolina G.S. 130A-309.25 requires operators of solid waste management facilities to have
completed an approved training course. Effective Jul 1 2001 the re2ulatory enforcement of
this provision will be expanded to require that a res onsible individual certified in landfill
operations is uesent on -site at all times during all operatiniz hours at all municipal solid waste
landfills and construction and demolition debris landfills. This includes any time when the
landfill is receiving or disposing of waste, whether it is open to the public or only for limited access
by the owner or operator.
The North Carolina Chapter of the Solid Waste Association of North America (SWANA) Landfill
Operations Specialist Training Course is approved by the Division of Waste Management as "an
approved solid waste management facility operator training course" as provided in General Statutes
130A-309.25. On -site attendants and other persons regularly performing the duties of an attendant
at municipal solid waste landfills and construction and demolition debris landfills while a certified
Manager is not physically at the site may satisfy the requirements of GS 130A-309.25 (c) by
satisfactorily completing this new course, passing the test, and maintaining the associated
continuing education credits. This approval is not intended to supersede or replace the previous
approval of the MOLO course for persons operating in the full capacity of landfill operator 1
manager.
Other courses may be proposed in the future for meeting these requirements and will be evaluated
by the Section for approval at that time.