1203-20120524 NOV

NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director Division of Waste Management Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
May 24, 2012
CERTIFIED MAIL 7006 2150 0005 2458 9648
RETURN RECEIPT REQUESTED
Bryan Steen — Burke County Manager
P.O. Box 219
Morganton, NC 28680
SUBJECT: Notice of Violation
Compliance Inspection Report
Johns River Construction and Demolition (C&D) Landfill
Permit No. 12-03
Burke County
Dear Mr. Steen,
On May 19, 2012 Bill Wagner and Andrea Keller, representing the State of North Carolina, Division of
Waste Management Solid Waste Section, inspected the above referenced facility for compliance with
North Carolina solid waste statues and rules. Daryl Mayo was present and represented the Johns River
C&D Landfill during this inspection. The following violations were noted:
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 (Document ID Number [DIN] 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 November29, 2000." (Enclosed)
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: www.wastenotnc.org/swhome
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
;Vatltrallly

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.
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.
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."
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 is approximately 0.9-acres.
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.
Page 2 of 4

COMPLIANCE SCHEDULE
Based upon the foregoing, the Johns River C&D Landfill / Burke County shall immediately come into
compliance with all requirements of the applicable regulations in 15A NCAC 13B .0534(b)(2)(A), 15A
NCAC 13B .0534(b)(2)(1), and 15A NCAC 13B .0542(f)(1) and by completing the following:
Corrective Actions:
1. 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
ODerator(s) and the times each of the Certified Operator(s) are on site while the facilitv is oxen for
public use.
2. 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. 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).
Also, the Johns River C&D Landfill / Burke County shall, by July 1, 2012, come into compliance with all
requirements of the applicable regulations in 15A NCAC 13B .0542(f)(2) and by completing the
following:
Corrective Action:
4. In order to correct the above cited violation #4, Burke County must, by July 1, 2012, 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 stabilizing material.
The Johns River C&D Landfill / Burke County shall provide a written certification with supporting
documentation on county letterhead confirming the noted compliance schedule has been completed.
Include in this certification any actions taken to prevent these deficiencies from occurring in the future.
Mail this certification to Bill Wagner, Asheville Regional Office, 2090 US Hwy 70, Swannanoa, NC
28778, by the noted compliance date.
Page 3 of 4

Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S.
130A-22(a) and 15A NCAC 13B .0701-.0707, an administrative penalty of up to $15,000.00 per day may
be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or an Order
issued under Article 9 of Chapter 130A of the N.C. General Statutes.
If you have any questions please contact me at [phone] or by e-mail at [e-mail].
Sincerely
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
encl: November 29, 2000 Memorandum: "Requirements for On -site Attendants at Municipal Solid
Waste Landfills and Construction and Demolition Debris Landfills"
Compliance Audit Report- Burke County Johns River C&D Landfill — Dated 5/25/12
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
Page 4 of 4