1205T-20140804NOV Burke

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 28, 2014
CERTIFIED MAIL 7012 1010 0002 1965 8274
RETURN RECEIPT REQUESTED
Bryan Steen — Burke County Manager
Box 219
Morganton, NC. 28680-0219
SUBJECT: Notice of Violation
Compliance Inspection Report
Burke County Transfer Station
12-05T
Burke County
Dear Mr. Steen,
On August 4T" 6T" and 7T", 2012 Bill Wagner 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. The following violations were noted:
Section 59.2(c) of Session Law 2013-413 requires containers used to collect and transport solid
waste to "be designed and maintained to be leak -resistant in accordance with industry
standards."
15A NCAC 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."
• Permit Condition Attachment #1, Part I, #5, of the March 20, 2014 Permit to
Operate (DIN 20453) states: "By receiving wastes at this facility the permittee
shall be considered to have accepted the terms and conditions of the permit."
• Permit Condition Attachment #1, Part I, #6, of the March 20, 2014 Permit to
Operate (DIN 20453) states, in part, that: "Operations of this solid waste
management facility must be in accordance with the Solid Waste Management
Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General
Statutes (NCGS 130A-290, et seq.)..."
• Permit Condition Attachment #3, Part VI, #50 of the March 20, 2014 Permit to
Operate (DIN 20453) states, in part that: "All water that comes in contact with
2090 US Highway 70, Swannanoa, North Carolina 28778
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solid waste, including vehicle wash -down water, is leachate and must be captured
and properly treated before release to the environment. (a) The leachate control
system, such as floor drains, leachate collection devices, sanitary sewer
connections and leachate storage tanks, must be operational during facility
operations.
15A NCAC 13B .0402 (3) states that: "Water that comes in contact with solid waste will be
contained on -site or properly treated prior to discharge from the site."
On August 4, 2014, a transfer truck (owned and operated by K.R. Drenth Trucking, Inc.) was
observed releasing leachate to the environment (leaking). Please reference the attached
inspection report dated August 25, 2014 for the specific Permit Conditions cited in reference to
the 15A NCAC .0203(d) violation noted above and for details pertaining to the other two violations
and the specifics of the multiple inspections.
The above deficiencies may have or can compromise the facility's ability to ensure protection of
the public health and the environment and are in violation of permit conditions. Remedial action
is required on behalf of the facility in order to achieve compliance. By October 19, 2012 the
facility must complete the following corrective actions:
a) Submit a Plan to the Section for review and approval that details contingency plans for
leaking trailers and which clarifies whether the loaded transfer trailers are to be staged
within the transfer bays. Note that as the transfer vehicles are removed from the bay
during operational hours, containment of potential leachate leaks will be required as well;
and
b) Submit a Plan for review and approval to the Section that details a proposed soil and
surface water assessment for the region impacted by the leaking transfer trailer, the region
potentially impacted by the clogged trench drain associated with the lower transfer bay,
and the outfall location potentially impacted by leachate reaching the storm water drain
located outside the three active loading bays; and
c) Upon completion of the corrective action(s) please notify me at [phone].
Plan for item "b" above should be submitted for approval to:
Jackie Drummond
NCDENR Solid Waste Section
1646 Mail Service Center
Raleigh, NC 27699-1646
The item(s) 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
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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.
If you have any questions please contact me by e-mail at [e-mail] or by phone at
[phone].
Sincerely,
4'e
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
Facility Compliance Inspection Report dated 8/25/14
ec: Jason Watkins, Field Operations Branch Supervisor — Solid Waste Section
Jackie Drummond, Compliance Hydrogeologist — Solid Waste Section
Sarah Rice, Compliance Officer —Solid Waste Section
Brock Hall, Interim Director— Burke County General Services ([e-mail])
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