4501_ROSCANS_1990

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Solid Waste Management
P.O. Box 27687 • Raleigh, North Carolina 27611-7687
James G. Martin, Governor
William W. Cobey, Jr., Secretary
June 15, 1990
Mr. Michael Bush
Lighting Systems Department
General Electric Company
Spartanburg Highway
Hendersonville, NC 28739
William L. Meyer
Director
Subject: Disposal of Approximately One Ton/Week of Process
Wastewater Treatment Sludge at the Henderson County
Landfill, (Permit #45-01).
Dear Mr. Bush:
The Solid Waste Management Division has received a request for
characterization of the subject waste. Based upon the submitted
information, the waste appears to be non -hazardous. The Solid Waste
Management Division has no objection to the sanitary landfill
disposal of this waste, if in accordance with the conditions listed
below:
1. The owner/operator of the landfill approves the disposal.
2. The waste contains no free liquids and can be confined,
compacted, and covered in accordance with the Solid Waste
Management Rules (10 NCAC 10G).
3. Additionally, a submittal of the Waste Determination Form
and current supportive analytical data, is required on the
anniversary of this approval.
Failure to meet these conditions may result in revocation of
this approval, and subsequently, an administrative penalty. The
approval is subject to change if new regulations were to prohibit
this practice. If the process which generates the waste changes or
if the composition of the waste changes significantly, this approval
is void and re-evaluation of the waste will be required prior to
subsequent disposal.

f
Mr. Michael Bush
June 15, 1990
Page 2
If you have further questions, please contact this office at
[phone]. ,
cc: \dim Patterson
Elden Owen
Sincerely,
[d/,// . e
William R. Hocutt
Waste Determination Coordinator
Solid Waste Section

STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
SOLID WASTE MANAGE2C3NF SECTION
SOLID WASTE BRANCH
PROCEDURE AND CRITERIA FOR WASTE DETERMINATION
This procedure will be used by the Division of Health Services
to determine whether a waste is (1) hazardous as defined by 10 NCAC
10F, and (2) suitable for disposal at a solid waste management
facility.
The types of wastes that will be evaluated by this procedure are
primarily, but not exclusively, industrial and commercial wastes and
sludges, and Publicly Owned Treatment Works Sludges.
The Division of Health Services reserves the right to request
additional information or waive some of the requirements based on the
type of waste if it deems necessary. The Division may also require
some wastes to be treated or altered to render the wastes
environmentally immobile prior to disposal at a sanitary landfill.
Wastes disposed at sanitary landfills must be non -liquid and in a
form that can be confined, compacted, and covered in accordance with
the "Solid Waste Management Rule". APPROVAL TO DISPOSE OF THE WASTE
SHALL ALSO BE OBTAINED FROM THE OWNER OR OPERATOR OF THE LANDFILL
PRIOR TO DISPOSAL.
The following information is required for an evaluation. An
asterisk(*) denotes information required for Publicly Owned Treatment
Works .
* GENERAL INFORMATION
1. Name, telephone number and mailing address of facility or person
generating waste General Electric Company, Lighting Systems Department,
Spartanburg Highway, Hendersonville, North Carolina 28739
Attn: Michael Bush [phone]
2. Spedific location of waste (i.e. SR. #, county, city, etc...)
State "Route 176, Henderson County, East Flat Rock, North Carolina
3. What is the waste? Lime Treatment - Waste Water Treatment Sludge
4. What volume of disposal will there be? 30 tons/year (dry)
5. What frequency of disposal will there be? 1/week
6. Explain either the manufacturing process or how the waste was
generated. A lime -based treatment process used to neutralize
and treat waste process water.

INFORMATION FOR HAZARDOUS (RCRA) DETERMINATION (10 NCAC 10F .0029)
1. Is the waste listed under .0029(e) (i.e., 40 CFR 261.31 -
261.33)? If yes, list number. No.
*2. Does the waste exhibit any of the four characteristics as
defined by .0029(d) (i.e., 40 CFR 261.21-261.24)? (Attach
laboratory results for EP Toxicity, Reactivity, Ignitability,
Corrosivity. )_ No (see attached results)
INFORMATION FOR LANDFILLING DETERMINATION
1. Does the waste contain any hazardous waste constituents listed
in .0029(e), Appendix VIII (i.e., 40 CFR 261, Appendix VIII)? If
yes, what constituents and what concentration? (Attach
laboratory results) Yes (see attached results)
2. What other constituents are present and in what concentration?
( Attach laboratory results) See attached results
*54% - 82.1%
*3. What is the moisture content? (Attach laboratory results)Avg. 80%
* As reported by Enseco, USEPA (contractor lab, July 1988).
*4. Does the waste pass the "paint filter" test for free liquids
(Method 9095 in S.W. 846)? (Attach laboratory results)_No (see attached
results)
*5. Which solid waste management facility is the request for (name
of landfill and permit number, incinerator, etc...)?
Henderson County landfill, Permit #45-01.
*6. Specify how the waste will be delivered - in bulk or containers
(i.e. barrels, bags, etc.) Trash hoppers
"I hereby certify that the information submitted in regard to
Lime -treatment, Wastewater treatment sludkeame of waste) is true and
correct to the best of my knowledge and belief."
( print name) C iJvS�
(signature) %
(title(titlef Sup
Port E er-- Environmental
(date)
All questions concerning this "Procedure" should be directed to
the Solid Waste Branch at [phone]. Answer specific questions
in space provided. Attach additional sheets if necessary.
Complete all information, sign, and submit to:
Division of Health Services
Solid Waste Branch
P.O. Box 2091
Raleigh, N.C. 27602-2091
Attn: Waste Determination
DHS Form 3151 SWB REV. 5/88

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WILLIAM T. DRAKE
CHAIRMAN
TROY L. MAYBIN
F. RICHARD BAKER
J. MICHAEL EDNEY
HUGH D. RANDALL
John Barkley
Office of General
P.O. Box 27687
naleigh, N.C.
Dear Mr Barkley:
HENDERSON COUNTY
BOARD OF COMMISSIONERS
100 NORTH KING STREET
HENDERSONVILLE, N.C. 28792
PHONE [phone]
Counsel
May 4, 1990
JERRY D. MYERS
COUNTY ADMINISTRATOR
I would like to offer the following comments and observations
concerning the proposed changes to the N.0 Solid Waste Management
Rules:
Generally, it would appear that the proposed rules are an
attempt to bring N.C. Landfills into compliance with the
statuatory requirements of Senate Bill 111 and the SubTitle
D requirements of the EPA, however there are several instances
where the proposed rules are simply not practical to implement
on the local level. They, in many instances, place undue and
unnecessary restrictions on the operation and maintenance of
local landfills and require expensive actions which have no
basis in reality or are mere superficial attempts to "do
something, even if its wrong". The financial implications on
local government and local taxpayers do not appear to have
been adequately examined or even considered. Specifically the
item I have concerns about are:
Senate Bill 111 Rules:
.0103 General Conditions
(g) White Goods Disposal at Solid Waste Disposal Site
Prohibited --This rule as written would appear to require
the establishment of a seperate location away from the
landfill for temporary storage of white goods pending the
removal of motors, capacitors, and compressors and the
eventual recycling of the metal. Our experience with
attempting to recycle white goods leads me to believe
that use of the landfill site for initial disposal by the
citizen or retail outlet is the best approach. One
concern with white goods recycling is the having to
remove the motors, capacitors, compressors, etc and once
these are removed, how and where does one dispose of
these items. Some reports and studies have indicated that
these items may contain materials which if collected in

John Barkley
May 4, 1990
Page 3
homes which could possibly handle a substantial portion
of this material.
Scrap Tire Management .1100
.1102 Application Fee and Annual Permit Fee- Counties
should be exempted from these fees. We are required to
have the sites plus we will be required to pay for the
privelege.
.1106 (c) Location of Site Over 200 Feet From Surface
Water --This requirement may work well in the Piedmont and
Eastern parts of the State but in mountainous terrain of
Western North Carolina it will cause problems for several
county landfills. In Henderson County the tire collection
point is within 200 feet of one of our sediment control
ponds (surface water) . There is a difference in elevation
of the two points but any standard horizontal measurement
would place the two within 200 feet. Many mountain
counties will have their initial collection points near
the entrance to the landfill which will probably be
located on some of the most level ground to be found.
Most of the level ground will be located near a stream
or surface water.
.1107 (1) Indoor Storage Must Meet NFPA Requirements --
This is all well and good, but I seriously doubt that
many Counties have a copy of this document at their
Landfill and if it is like most NFPA documents that I
have attempted to read, it is virtually impossible to
discern the requirements. I always get frustrated when
I read one set of rules which refers to some other set
of rules for specifics applying to a certain set of
circumstances. If these are our standards put them in the
rules so we do not have to be an attorney with an
extensive legal library in order to find out what the
requirements are. Since many Counties have entered into
contracts with Tire Disposal firms, the tire collection
point consists of a covered semi -trailer. Would this
qualify as indoor storage and would a trailer be required
to meet NFPA standards? Further, if the trailer is being
used to transport tires to the disposal site (this
usually takes the better part of a day from Western NC)
what covering or other protective measures will be
required for the temporary outdoor storage of tires
pending the return of the trailer.
.1111 Financial Responsibility Requirements --These are

John Barkley
May 4, 1990
Page 4
some of the better requirements of the rules
particularily for the private operators but are
completely unnecessary for Local units of governments.
I would suggest that specific wording be included in this
section exempting Counties from this requirement. Also
some of the wording seems to imply the assignment of
liability to local government for environmental
impairment. This rule making would appear to preclude
judicial determination of liability even in the area of
governmental operations which are mandated by the State.
In summary, while the bulk of the rules are within the realm
of practical implementation, there are several which will
dramatically affect Henderson County particularily from a financial
standpoint. Some make little or no sense from a practical point of
view and would have no more favorable impact on the environment
than current operations.
Sincerely,
WRS
MINISTRATION
JDM: mwq
cc: Eldon Owen, Solid Waste Director
Jim Patterson, Waste Management Specialist
Julian Foscue
William T. Drake, Chairman

HENDERSON COUNTY
BOARD OF COMMISSIONERS
100 NORTH KING STREET
WILLIAM T. DRAKE
HENDERSONVILLE, N.C. 28792 JERRY D. MYERS
CHAIRMAN
COUNTY ADMINISTRATOR
TROY L. MAYBIN
PHONE [phone]
F. RICHARD BAKER
J. MICHAEL EDNEY
HUGH D. RANDALL
February 14, 1990

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HENDE R.SON COUNTY
BOARD OF COMMISSIONERS
I00 N0IZTII KING S11Ith1,T
WILLIAMT. DRAKE HENDERSONVILLE, N.C, 28792 JERRY D. MYERS
CHAIRMAN COUNTY ADMINISTRATOR
TROY L. MAYRIN PIIONI: 70-V697-4808
F. RICHARD BAKER
J. MICHAEL EDNEY
HUGH D. RANDALL
Memorandum
To: William T. Drake, Chairman
\
From: Jerry D. Myers, t �"Zm strator
Date: September 13, 1990'
Subj: Landfill Engineering Service
On September 5, 1990 Eldon Owen, Landfill Supervisor, and I met
with Mr. Julian Foscue and Mr. Jim Fatteson from the State Division
of Solid Waste Management at the County Landfill. The purpose of
the meeting was to review current operations at the landfill in
accord with existing and proposed State rules and regulations
governing disposal of solid waste and to identify various
approaches which will allow Henderson County to maintain continuous
compliance. In addition we attempted to determine the status of
our pending application for a horizontal expansion into an area
adjacent to the existing permitted area. During the site and
operations review, we identified a number of concerns which should
be shared with -the Board of Commissioners. Some of these are:
1. In several areas of the existing landfill area, we have reached
and perhaps exceeded the maximum height allowed by our current
permit from the State.
2. The current source area for daily cover dirt is approximately
one quarter to one half mile from the working face of the landfill
and contains substantially more rock than previously anticipated
by landfill staff and the design engineers who assisted us in
obtaining our existing Landfill permit. Because of the distance
involved in transporting cover dirt, a high incidence of rock in
the cover material, and the age/condition of our equipment we are
experiencing significant problems with equipment breakdown and
increased maintenance costs. The high prevalence of rock in the
cover material requires the application of a deeper layer of cover
material than required by State regulations and more surface
preparation work (both equipment and manpower time) in order to
meet daily cover requirements, maintain surface drainage patterns
and prevent the generation of leachate. If we continue to use cover
material at the current levels we will run out of cover material
long before we run out of landfill space.
3. The possibility of horizontal expansion into the adjacent area

1
Page 2
9/13/90
near our currently permitted site is virtually non-existent unless
the expansion is constructed in accord with Federal EPA Subtitle
D regulations and the proposed State rules and regulations
governing the disposal of solid waste. Both Federal and State
regulatory bodies require a lined disposal site with an approved
leachate collection system.
4. Our current policy of prohibiting stumps and brush over three
inches in the Landfill is beginning to create some problems in the
more remote areas of the County. A number of 1°outlaw" stump dumps
are being discovered by State and County officials. Legally these
stumps and brus:: may be disposed of in any of three manners:
a. On the site of origination by burning or burying;
b . In permitted demolition landfills which do not have to meet
the stringent permit requirements of a Sanitary Landfill; or
c. In permitted Sanitary Landfills.
However, as of this date stumps and brush are prohibited at the
County Landfill, there are no permitted demolition landfills in
Henderson County, and while some are disposed of on the site of
origination, a considerable amount is finding its way into "outlaw"
stump dumps. The State Officials indicated that it may become
necessary .for Henderson County to either designate an area in our
existing landfill for demolition material (possibly an area not
suitable for solid waste) or develop another site at a remote
location for the disposal of stumps and brush.
After reviewing these major concerns and a number of lesser
concerns the State Officials recommended, and Mr. Owen and I
agree, that it would be in our best interest to:
A. Immediately contract with an engineering firm to develop plans
and a permit application for a vertical expansion of our existing
permitted area. This would allow us to comply with our existing
Permit and continue the development of the present working area.
B. Initiate a plan of action to retain the services of a major
engineering firm specializing in Landfill design and construction
to examine our existing site for its optimal usage over a long
period of time. This firm could investigate the total site and
determine the feasibility of various expansion options, remaining
life of the current site, availability and quality of cover
material, and develop an operational strategy which would allow
Henderson County to make the most of this very valuable resource -
potential landfill space.
Neither of these actions will be inexpensive, and while some funds
exist in the current landfill budget for professional services, the
amount is not sufficient to allow us to cover the cost of the
vertical expansion plans and permit application. It is estimated
that these cost will be between $15 and $20,000. This action is not

Page 3
9/13/90
really an optional item since we must maintain compliance with our
existing permit requirements. The cost of the long term study and
engineering action could range between $60,000 and $75,000
depending of the firm chosen and the details of the investigation.
Given the cost of lined replacement space in a new location, this
cost may be insignificant in the long term compared to the
estimated $100 - 150,000 per acre costs of replacement space.
Attachment
JDM we

WEATHER CONDITIONS
N.C. DEPARTMENT OF HUMAN RES(. .CES
DIVISION OF HEALTH SERVICES
INSPECTION FOR SANITARY LANDFILLS
PERMIT NUMBI R
NAME OF SITE f COUNTY
LOCATION SIGNATURE OF PERSON(S) RECEIVING REPORT
SIR: AN INSPECTION OF YOUR LAND DISPOSAL SITE HAS BEEN MADE THIS DATE AND YOU ARE NOTIFIED OF THE VIOLATIONS, IF ANY, MARKED BELOW
WITH A CROSS (X).
(1) PLAN AND PERMIT REQUIREMENTS
(a) Construction plans shall be approved and followed.
(b) Specified monitoring and reporting requirements shall be met.
(2) SPREADING AND COMPACTING REQUIREMENTS
(a) Solid waste shall be restricted into the smallest area feasible.
(b) Solid waste shall be compacted as densely as practical into cells.
(3) COVER REQUIREMENTS
(a) Solid waste shall be covered after each day of operation, with a
compacted layer of at least six inches of suitable cover or as
specified by the division. - + it "r= I � 1
(b) Areas which will not have additional wastes placed on them for
12 months or more shall be covered with a minimum of one foot
of intermediate cover.
(c) After final termination of disposal operations at the site or a
major part thereof or upon revocation of a permit, the area shall
be covered with at least two feet of suitable compacted earth.
(4) EROSION CONTROL REQUIREMENTS
(a) Adequate erosion control measures shall be practiced to pre-
vent silt from leaving the site.
(b) Adequate erosion control measures shall be practiced to pre-
vent excessive on -site erosion.
(5) DRAINAGE CONTROL REQUIREMENTS
(a) Surface water shall be diverted from the operational area.
(b) Surface water shall not be impounded over or in waste.
(c) Completed areas shall be adequately sloped to allow surface
water runoff in a controlled manner.
(6) VEGETATION REQUIREMENTS
(a) Within six months after final termination of disposal operations
at the site on a major part thereof or upon revocation of a
permit, the area shall be stabilized with native grasses.
(b) Temporary seeding will be utilized as necessary to stabilize the
site.
(7) WATER PROTECTION REQUIREMENTS
(a) The separation distance of four (4) feet between waste and
water table shall be maintained unless otherwise specified by
the division in the permit.
(b) Solid waste shall not be disposed of in water.
— (c) Leachate shall be contained on site or properly treated prior to
discharge. An NPDES permit may be required prior to the dis-
charge of leachate to surface waters.
(8) ACCESS AND SECURITY REQUIREMENTS
(a) The site shall be adequately secured by means of gates chains
(9) SIGN REQUIREMENTS
(a) Signs providing information on dumping procedures,the hours
during which the site is open for public use, the permit number
and other pertinent information shall be posted at the site
entrance.
— (b) Signs shall be posted stating that no hazardous or liquid waste
can be received without written permission from the division.
— (c) Traffic signs or markers shall be provided as necessary to pro-
mote an orderly traffic pattern to and from the discharge area
and to maintain efficient operating conditions.
(10) SAFETY REQUIREMENTS
— (a) Open burning of solid waste is prohibited.
—(b) Equipment shall be provided to control accidental fires or
arrangements shall be made with the local fire protection
agency to immediately provide fire -fighting services when
needed.
(c) Fires that occur at a sanitary landfill shall be reported to the
division within 24 hours and a written notification shall be
submitted within 15 days.
(d) The removal of solid waste from a sanitary landfill is prohibited
unless the owner/operator approves and the removal is not
performed on the working face.
(e) Barrels and d ru ms shall not be disposed of unless they are empty
and perforated sufficiently to ensure that no liquid or hazard-
ous waste is contained therein.
(11) WASTE ACCEPTANCE AND DISPOSAL REQUIREMENTS
— (a) A site shall only accept those solid wastes which it is permitted to
receive.
(b) No hazardous, liquid, or infectious waste shall be accepted or
disposed of in a sanitary landfill except as may be approved by
the division.
(c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste,
and other animal waste delivered to the disposal site shall be
covered immediately.
— (d) Asbestos waste that is packaged in accordance with 40 CFR 61, as
amended through January 1,1985, may be disposed of separate
and apart from other solid wastes at the bottom of the working
face or in an area not contiguous with other disposal areas, in
either case, in virgin soil. Separate areas shall be clearly marked
so that asbestos is not exposed by future land -disturbing activi-
ties. The waste shall be covered immediately with soil in a
manner that will not cause airborne conditions. Copies of 40
CFR 61 may be obtained and inspected at the Solid and Hazard-
ous Waste Management Branch, Division of Health Services,
P. O. Box 2091, Raleigh, NC, 27602.
berms, fences, and other security measures approved by the (12) MISCELLANEOUS REQUIREMENTS
division, to prevent unauthorized entry. (a) Effective vector control measures shall be applied to control
(b) An attendant shall be on duty at the site at all times while it is flies, rodents, and other insects or vermin when necessary.
open for public use to ensure compliance with operational "(b) Appropriate methods such as fencing and diking shall be pro -
requirements. vided within the area to confine solid waste subject to be blown
— (c) The access road to the site shall be of all-weather construction by the wind. At the conclusion of each day of operation, all
and maintained in good condition. windblown material.. resulting from the operation shall be col-
- (d) Dust control measures shall be implemented where necessary. lected and returned to the area by the owner or operator.
REMARKS:
DATE:
NAME:
Solid and Hazardous Waste Management Branch
DHS 1709 (Revised 4/85)
Solid & Hazardous Waste Management Branch (Review 4/86) (white — Raleigh Office yellow — Facility green — Preparer)

.
4YJ

N.C. DEPARTMENT OF HUMAN RESOURCES
WEATHER CONDITIONS DIVISION OF HEALTH SERVICES PERMIT NUMBER
INSPECTION FOR SANITARY LANDFILLS
NAME OF SITE COUNTY
,y`t;f Y4f?r\.( �t7f_xvt L &Q,
LOCATION SIGNATURE OF PERSON(S) RECEIVING REPORT
SIR: AN INSPECTION OF YOUR LAND DISPOSAL SITE HAS BEEN MADE THIS DATE AND YOU ARE NOTIFIED OF THE VIOLATIONS, IF ANY, MARKED BELOW
WITH A CROSS (X).
(1) PLAN AND PERMIT REQUIREMENTS
(a). Construction plans shall be approved and followed.
(b) Specified monitoring and reporting requirements shall be met.
(2) SPREADING AND COMPACTING REQUIREMENTS
— (a) Solid waste shall be restricted into the smallest area feasible.
(b) Solid waste shall be compacted as densely as practical into cells.
(3) COVER REQUIREMENTS
— (a) Solid waste shall be covered after each day of operation, with a
compacted layer of at least six inches of suitable cover or as
specified by the division.
(b) Areas which will not have additional wastes placed on them for
12 months or more shall be covered with a minimum of one foot
of intermediate cover.
—(c) After final termination of disposal operations at the site or a
major part thereof or upon revocation of a permit, the area shall
be covered with at least two feet of suitable compacted earth.
(4) EROSION CONTROL REQUIREMENTS
(a) Adequate erosion control measures shall be practiced to pre-
vent silt from leaving the site.
(b) Adequate erosion control measures shall be practiced to pre-
vent excessive on -site erosion.
(5) DRAINAGE CONTROL REQUIREMENTS
— (a) Surface water shall be diverted from the operational area.
(b) Surface water shall not be impounded over or in waste.
—(c) Completed areas shall be adequately sloped to allow surface
water runoff in a controlled manner.
(6) VEGETATION REQUIREMENTS
(a) Within six months after final termination of disposal operations
at the site on a major part thereof or upon revocation of a
permit, the area shall be stabilized with native grasses.
(b) Temporary seeding will be utilized as necessary to stabilize the
site.
(7) WATER PROTECTION REQUIREMENTS
— (a) The separation distance of four (4) feet between waste and
water table shall be maintained unless otherwise specified by
the division in the permit.
(b) Solid waste shall not be disposed of in water.
(c) Leachate shall be contained on site or properly treated prior to
discharge. An NPDES permit may be required prior to the dis-
charge of leachate to surface waters.
(8) ACCESS AND SECURITY REQUIREMENTS
(a) The site shall be adequately secured by means of gates chains
(9) SIGN REQUIREMENTS
— (a) Signs providing information on dumping procedures, the hours
during which the site is open for public use, the permit number
and other pertinent information shall be posted at the site
entrance.
(b) Signs shall be posted stating that no hazardous or liquid waste
can be received without written permission from the division.
— (c) Traffic signs or markers shall be provided as necessary to pro-
mote an orderly traffic pattern to and from the discharge area
and to maintain efficient operating conditions.
(10) SAFETY REQUIREMENTS
— (a) Open burning of solid waste is prohibited.
— (b) Equipment shall be provided to control accidental fires or
arrangements shall be made with the local fire protection
agency to immediately provide fire -fighting services when
needed.
(c) Fires that occur at a sanitary landfill shall be reported to the
division within 24 hours and a written notification shall be
submitted within 15 days.
(d) The removal of solid waste from a sanitary landfill is prohibited
unless the owner/operator approves and the removal is not
performed on the working face.
— (e) Barrels and drums shall not be disposed of unless they are empty
and perforated sufficiently to ensure that no liquid or hazard-
ous waste is contained therein.
(11) WASTE ACCEPTANCE AND DISPOSAL REQUIREMENTS
(a) A site shall only accept those solid wastes which it is permitted to
receive.
— (b) No hazardous, liquid, or infectious waste shall be accepted or
disposed of in a sanitary landfill except as may be approved by
the division.
(c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste,
and other animal waste delivered to the disposal site shall be
covered immediately.
(d) Asbestos waste that is packaged in accordance with 40 CFR 61, as
amended through January 1,1985, may be disposed of separate
and apart from other solid wastes at the bottom of the working
face or in an area not contiguous with other disposal areas, in
either case, in virgin soil. Separate areas shall be clearly marked
so that asbestos is not exposed by future land -disturbing activi-
ties. The waste shall be covered immediately with soil in a
manner that will not cause airborne conditions. Copies of 40
CFR 61 may be obtained and inspected at the Solid and Hazard-
ous Waste Management Branch, Division of Health Services,
P. O. Box 2091, Raleigh, NC, 27602.
berms, fences, and other security measures approved by the (12) MISCELLANEOUS REQUIREMENTS
division, to prevent unauthorized entry. _ (a) Effective vector control measures shall be applied to control
— (b) An attendant shall be on duty at the site at all times while it is flies, rodents, and other insects or vermin when necessary.
open for public use to ensure compliance with operational _ (b) Appropriate methods such as fencing and diking shall be pro -
requirements. vided within the area to confine solid waste subject to be blown
(c) The access road to the site shall be of all-weather construction by the wind. At the conclusion of each day of operation, all
and maintained in good condition. windblown material resulting from the operation shall be col-
d) Dust control measures shall be implemented where necessary. lected and returned to the area by the owner or operator.
REMARKS
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DATE
„(': r i` NAME:
Solid and Hazardous Waste Management Branch
DHS 1709 (Revised 4/85)
Solid & Hazardous Waste Management Branch (Review 4/86) (white — Raleigh Office yellow — Facility green — Preparer)

N.C. DEPARTMENT OF HUMAN RESOURCES
WEATHER CONDITIONS DIVISION OF HEALTH SERVICES
INSPECTION FOR SANITARY LANDFILLS
PERMIT NUMBER
NAME OF SITE COUNTY
LOCATION SIGNATURE OF PERSON(S) RECEIVING REPORT
SIR: AN INSPECTION OF YOUR LAND DISPOSAL SITE HAS BEEN MADE THIS DATE AND YOU ARE NOTIFIED OF THE VIOLATIONS, IF ANY, MARKED BELOW
WITH A CROSS (X).
(1) PLAN AND PERMIT REQUIREMENTS
(a) Construction plans shall be approved and followed.
(b) Specified monitoring and reporting requirements shall be met.
(2) SPREADING AND COMPACTING REQUIREMENTS
— (a) Solid waste shall be restricted into the smallest area feasible.
(b) Solid waste shall be compacted as densely as practical into cells.
(3) COVER REQUIREMENTS
— (a) Solid waste shall be covered after each day of operation, with a
compacted layer of at least six inches of suitable cover or as
specified by the division.
— (b) Areas which will not have additional wastes placed on them for
12 months or more shall be covered with a minimum of one foot
of intermediate cover.
— (c) After final termination of disposal operations at the site or a
major part thereof or upon revocation of a permit, the area shall
be covered with at least two feet of suitable compacted earth.
(4) EROSION CONTROL REQUIREMENTS
— (a) Adequate erosion control measures shall be practiced to pre-
vent silt from leaving the site.
— (b) Adequate erosion control measures shall be practiced to pre-
vent excessive on -site erosion.
(5) DRAINAGE CONTROL REQUIREMENTS
— (a) Surface water shall be diverted from the operational area.
— (b) Surface water shall not be impounded over or in waste.
(c) Completed areas shall be adequately sloped to allow surface
water runoff in a controlled manner.
(6) VEGETATION REQUIREMENTS
(a) Within six months after final termination of disposal operations
at the site on a major part thereof or upon revocation of a
permit, the area shall be stabilized with native grasses.
(b) Temporary seeding will be utilized as necessary to stabilize the
site.
(7) WATER PROTECTION REQUIREMENTS
(a) The separation distance of four (4) feet between waste and
water table shall be maintained unless otherwise specified by
the division in the permit.
(b) Solid waste shall not be disposed of in water.
— (c) Leachate shall be contained on site or properly treated prior to
discharge. An NPDES permit may be required prior to the dis-
charge of leachate to surface waters.
(8) ACCESS AND SECURITY REQUIREMENTS
— (a) The site shall be adequately secured by means of gates, chains,
berms, fences, and other security measures approved by the
division, to prevent unauthorized entry.
(b) An attendant shall be on duty at the site at all times while it is
open for public use to ensure compliance with operational
requirements.
— (c) The access road to the site shall be of all-weather construction
and maintained in good condition.
— (d) Dust control measures shall be implemented where necessary.
REMARKS:
DATE
(9) SIGN REQUIREMENTS
(a) Signs providing information on dumping procedures, the hours
during which the site is open for public use, the permit number
and other pertinent information shall be posted at the site
entrance.
(b) Signs shall be posted stating that no hazardous or liquid waste
can be received without written permission from the division.
— (c) Traffic signs or markers shall be provided as necessary to pro-
mote an orderly traffic pattern to and from the discharge area
and to maintain efficient operating conditions.
(10) SAFETY REQUIREMENTS
(a) Open burning of solid waste is prohibited.
— (b) Equipment shall be provided to control accidental fires or
arrangements shall be made with the local fire protection
agency to immediately provide fire -fighting services when
needed.
— (c) Fires that occur at a sanitary landfill shall be reported to the
division within 24 hours and a written notification shall be
submitted within 15 days.
— (d) The removal of solid waste from a sanitary landfill is prohibited
unless the owner/operator approves and the removal is not
performed on the working face.
—(e) Barrels and dru ms shall not be disposed of u n less they are empty
and perforated sufficiently to ensure that no liquid or hazard-
ous waste is contained therein.
(11) WASTE ACCEPTANCE AND DISPOSAL REQUIREMENTS
(a) A site shall only accept those solid wastes which it is permitted to
receive.
(b) No hazardous, liquid, or infectious waste shall be accepted or
disposed of in a sanitary landfill except as may be approved by
the division.
(c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste,
and other animal waste delivered to the disposal site shall be
covered immediately.
(d) Asbestos waste that is packaged in accordance with 40 CFR 61, as
amended through January 1,1985, may be disposed of separate
and apart from other solid wastes at the bottom of the working
face or in an area not contiguous with other disposal areas, in
either case, in virgin soil. Separate areas shall be clearly marked
so that asbestos is not exposed by future land -disturbing activi-
ties. The waste shall be covered immediately with soil in a
manner that will not cause airborne conditions. Copies of 40
CFR 61 may be obtained and inspected at the Solid and Hazard-
ous Waste Management Branch, Division of Health Services,
P. O. Box 2091, Raleigh, NC, 27602.
(12) MISCELLANEOUS REQUIREMENTS
—(a) Effective vector control measures shall be applied to control
flies, rodents, and other insects or vermin when necessary.
— (b) Appropriate methods such as fencing and diking shall be pro-
vided within the area to confine solid waste subject to be blown
by the wind. At the conclusion of each day of operation, all
windblown material resulting from the operation shall be col-
lected and returned to the area by the owner or operator.
NAME:
Solid and Hazardous Waste Management Branch
DHS 1709 (Revised 4/85)
Solid & Hazardous Waste Management Branch (Review 4/86) (white — Raleigh Office yellow — Facility green — Preparer)

.U�
14ENDERSON COUNTY
BOARD OF COMMISSIONER
100 NOk'111 I'ING STRI�'I T
WILLIAM T. DRAKE HENDER,SONVILLE, N.C. 28792:
CHAIRMAN
TROY L. MAYBIN J'I10N E 70-1i 697-•1808
F. RICHARD BAKER
J. MICHAEL. FDNEY
HUGH D. RANDALL
April 24, 1990
Mr. James E. Patterson
Waste Management Specialist
Solid Waste Management Section
DIVISION OF ENVIRONMENTAL HEALTH
Western Regional Office.'Moore III
Black Mountain, NC 28711
Dear Mr. Patterson:
MA'f 0 7 19Ju
JERRYlD. ERS
COUNTY A INISTRATOR
This is to acknowledge receipt of your April 16, 1990 Notice
of Violation letter concerning your visit to our Landfill on March
21, 1990. I must admit that the Letter of Violation came as a
shock to not only the Landfill Supervisor, Eldon Owen, but to both
the Chairman of the County Commission, William T. Drake, and
myself. We have operated the Henderson County Landfill at the
current location for well in excess of a decade and have dealt with
a number of Local, State, and Federal agencies during this period.
To my knowledge, this is the first letter of this type I have
received. Generally, if the operation of some Department of County
Government is not in compliance with the various rules and
regulations of the supervising agency, some attempt is made to work
with the County Administration and the Board of Commissioners to
achieve compliance over a reasonable period of time. It is very
rare for some official of State Government to work with a
Department on a regular basis for a period of years, as you have
with the County Landfill, and suddenly without warning decide to
invoke official sanctions of the type and level set forth in your
April 16 correspondence.
I shall not attempt to discredit the individual violations
cited in your letter for I have no doubt that each of the
violations cited have some basis in fact and in all probability can
be substantiated by physical evidence at the majority of landfills
in existence within the State of North Carolina on any given day.
I can, however, offer what, in my opinion, are justifiable reasons
for the existence of each of the conditions. Perhaps the reasons
will not be considered justifiable or even legitimate excuses as
to why a particular condition exists, and the major item of
importance from your point of view is the fact that the condition
exists. The mere presence of this condition on any given day and
to any degree is in itself a violation, and therefore, your letter

James E. Patterson
May 1, 1990
Page 2
of citation is proper and appropriate. I would like to address each
of the violations in the order they were presented and shall
attempt to make various observations concerning each and set forth
a corrective action.
Violation No. 1--Uncovered Waste: During' the time of your
inspection, we were having mechanical problems with two items of
equipment, the Ingersoll-Rand Compactor and one of our Wabco Pans.
We had just completed a, major overhaul of the engine in the
Compactor and were experiencing several hydraulic system failures
either with pumps, valves, or hydraulic lines. In addition, we had
started a major overhaul of the engine in the pan shortly after we
completed the compactor engine overhaul and prior to having the
hydraulic system problems with the Compactor; therefore, two pieces
of equipment were out of commission at the same time. Because of
the distance we have to haul cover dirt, our other pan and the
bulldozer we pressed into service to replace the Compactor.simply
could not supply the quantity of cover material necessary to
adequately cover the accumulated waste to the required depth. It
is my understanding_ that the volume of cover material required to
cover loosely compacted waste is substantially higher than that
required to cover properly compacted waste. If the compactor had
been operating, the one pan could have supplied sufficient material
to cover the waste; however, since the compactor and one pan were
both out of commission at the same time, the one remaining pan
could not keep up with the workload. Two major pieces of equipment
out of operation at any given time can and did place our operation
out of compliance. This can and probably has occurred at other
landfills throughout the state. I cannot assure you or anyone that
this may occur again. We strive to have all our equipment
operational to the maximum extent possible, but breakdowns do occur
at the most unpredictable times.
Violation No. 2--Excessive on -site Erosion: Admittedly erosion
does occur particularily during periods of heavy rainfall. Weather
records for the first few weeks of March indicate a heavier than
normal amount of rainfall for the period. Various newspaper
accounts for the period indicate rather severe flooding in
Hendersonville and the Henderson County area with numerous streets
being blocked out to flooding and the required evacuation of
several mobile home parks. You may also note that we have been
required to dredge our silt ponds more frequently than in the past
when rainfall has been normal or somewhat less than normal. Because
of this increased dredging and the additional sediment removed from
the silt ponds we acquired another violation which you refer to in
Item 3 below.
Violation No. 3--Surface Water Impoundment: The sediment which is
removed for our silt ponds is rather soupy in consistency and must

James E. Patterson
May 1, 1990
Page 3
be hauled from the pond to the top of the Landfill to a rather flat
area where it is dumped and allowed to dry out prior to being used
as cover material. In good weather this material will dry out
enough in two or three days that we can get a bulldozer onto the
material and spread it out as cover or enough to allow it to
completely dry out and be transported to an area where it can be
used as topsoil.. Unfortunately because of the heavy rainfall during
the latter part of February and early March, the soupy material did
not dry out sufficiently to allow a bulldozer onto the material for
spreading or leveling to the point that surface water (rainfall)
accumulated in various areas.
Violation No. 4--Adequate Slope to Allow Run -Off of Surface Water:
This is directly related to the response set forth in Violation No.
3 above. If the material is too wet to get equipment into, there
is very little one can do from a practical standpoint to alleviate
the situation. The material is too soupy to dump on a slope because
it will clog the surface drainage system and eventually wind up
back in the sediment ponds.
violation No. 5--Daily Collection of Windblown Material: This is
an area that we were under the impression that we could use
community service workers on the week -end to accomplish. Granted,
your rules state that this must be accomplished on a daily basis,
but we have been using a crew of community service workers each
weekend to pick up all the windblown material for a number of
years. We were under the impression that this approach was
satisfactory to you and would comply with the spirit and intent of
the regulations. We have identified an alternative approach to
this Violation which we hope will allow us to comply with the
letter of the law as well as the spirit and intent. We feel that
this alteration of our method of operation will allow us to address
several of the occurrences we were cited for.
In an attempt to address the bulk of these violations we have
identified the following changes in our method of operation, and
hopefully these changes will preclude the necessity of future
action by your Division concerning follow-up on the sanctions
spelled out in your letter of April 16, 1990.
Alteration No. 1--Schedule Chancres for Landfill Personnel:
Traditionally, we have scheduled all of our personnell to arrive
at 8:00 am and depart at 5:00 pm. We have altered our scheduling
so that two staff members will arrive at 9:00 am and depart at 6:00
pm. This should provide one'and one-half hours after the closing
of the Landfill to the general public for these two staff members
to compact and cover the remainder of the days accumulation of
solid waste and provide a general policing of the area for any
windblown debris. We will rotate this schedule among the various

James E. Patterson
May 1, 1990
Page 4
Landfill Staff to assure that these two items, daily cover and
windblown materials, are addressed.
Alteration No 2--Equipment Repair and Maintenance: While we have
an on -going routine preventative maintenance and repair program for
all of our Landfill equipment, there are times when it is
impossible to predict major equipment breakdowns. We normally have
at least one piece of back-up equipment which can be pressed into
service when another unit experiences a breakdown. If, however, the
compactor goes down, we do not have nor do I anticipate us ever
being able to afford a back-up Compactor. We have and do use the
largest and heaviest bulldozer we own as the back-up for the
compactor. The results are not nearly as good as those derived from
the use of the compactor, but generally it works. We will strive
to have at least one buldozer available for compacting and covering
when we experience mechanical problems with the compactor. The use
of this machine during the extra hours after closing to the public
should allow us the resources to obtain the daily cover and
hopefully the required daily cover material. Hopefully, now that
we have the. rebuilt engine back into the pan, it can be a reliable
piece of equipment with which to transport the cover material the
considerable distance that we are required to transport it. I might
add that while we feel we have alleviated all the mechanical
problems with the compactor with the total rebuild of that engine,
we are still experiencing some problems with the hydraulic system.
As you know you can do your best with heavy equipment, and it will
still break down the day before the inspector comes.
Alteration No. 3--Establishing Ground Cover: Now that the weather
appears to have returned to normal and temperatures have risen to
the point to allow seed germination we are intensifying our efforts
to plant grass and various types of ground cover on those areas of
the Landfill which are appropriate. We will also do some grading
on the downgradient portions of the area where we are obtaining
cover material. Perhaps some swales, diversion ditches, and the
like can reduce the erosion control problems to manageable levels.
I do not forsee the day when all erosion problems can be eliminated
at a landfill, but the best one can hope for is to keep them to a
minimum. Also, since we have had some dry weather, we have been
able to level the sediment removed from the ponds, dry it out,
and use it as topsoil in the various areas where seeding is
underway.
I believe that the above alterations will go a long way toward
reducing the problems you •identified in your April 16, 1990
correspondence. I also feel like there are few if any landfills in
the State of North Carolina that if inspected closely enough could
not be cited for one or more violations on any given day. My
primary concern at this time is the sudden shift in attitude or

James E. Patterson
May 1, 1990
Page 5
strategy by the Solid Waste Section. Operations that were
acceptable last month or last week are suddenly and without. written
warning deemed to be violations of State Regulations and subject
to massive Administrative fines and penalties.
I shall be available to discuss either'or all of the above
with you or any member of your staff upon request. Thank you for
any assistance you can .provide toward achieving a- satisfactory
resolution to these matters.
Sincerely,
J$ Y D. RS
Y ADMINISTRATOR
JDM: mwq
cc: William T. Drake
Larry Justus
C.W. Hardin
Robert Carpenter
William Cobey
Ann Orr
VUlian Foscue

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State of North Carolina
Department of Environment, Health, and Natural Resources
Western Regional Office
Jan -es G.. Martin, Governor
William W. Cobey, Jr., Secretary
June 18, 1990
Mr. Jerry .ayers
Henderson County Manager
244 Second avenue, East
Hendersonville, North Carolina 28739
RE: NOTICE OF yIOL_AT?ON
Bear A+'•r. Myers:
Thornton B. Haynes
Public Health Regional Director
Pursuant to NCGS 130A-22(a) and to tiC;'C IOG, I conducted Inspection a:. :.�•. May
31, 1990 of the Henderson County Landfill, Permit No. 45-01, located in ::erdarson
County on State Road i758 near Hendersonville, North Carolina. This inspection
found the Henderson County La,-.dfill to be _L violation of certain requirements
contained in the North Carolina Solid Waste Mc-magement Rules, codif led at 10 *:CAC
IOG specifically:
1. 10 NCAC 10G .0505(4)(a) requires that adequate erosion control measures shall
be practiced to prevent silt from leaving the site. The Henderso;^, County
Landfill was operating in violation of 10 NCAC 10G .0505(4)(a) in that
adequate erosion control measures were not practiced to prevent silt from
leaving the site- (This violation was marked only on the 5/31/9C inspection)
2. 10 NC..AC 10G .0505(5)(b) requires that surface water shah not be impounded
over or in waste. The Henderson County Landfill was operating in violation
of 10 NCAC 10G .0505(5)(b) in that surface water was impounded in numerous
areas over solid waste. (This violation was marked on the 3/21/90 and the
S13i/90 inspections)
3. 10 NCAC 1OG .0505(5)(c) requires that completed areas shall be adequately
sloped to allow surface water run-off in a controlled manner. The Henderson
County Landfill was operating in violation of 10 NCAC 10G .0505(5)(c) in that
completed areas had not been adequately sloped to allow surface water run-off
in a controlled manner. (This violation was marked on the 3/21/90 and the
5/31/90 inspections)
Moore Wing -Third Floor, Black Mountain Center
Old U.S. Highway 70, West, Black Mountain, North Carolina 28711 Courier 08-84-07 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

COMPLIANCE SCHEDULE
Based upon the foregoing, the County of Henderson is hereby ordered to take
the following actions by July 18, 1990 to correct all violations as stated in this
Notice of Violation, and otherwise be in compliance with the North Carolina Solid
Waste Management Rules, codified at 10 NCAC 10G:
1. Comply with 10 NCAC 10G .0505(4)(a) by repairing the break in the dam of the
sedimentation pond and by replacing the riser pipe in same pond.
2. Comply with 10 NCAC 10G .0505(5)(b) by adequately sloping the surface of the
landfill to prevent surface water impoundment over solid waste.
3. Comply with 10 NCAC 10G .0505(5)(c) by adequately sloping completed areas of
the landfill to allow surface water run-off in a controlled manner.
If the requirements above are not met on a continuing basis, enforcement
action may be taken. Remedies include assessment of Administrative Penalties of
up to $5000.00 (five thousand dollards) per day per violation, dating from the
compliance date in this order, and/or injunctive relief, pursuant to G.S. 130A-22
or G.S. 130A-18.
If you have any questions concerning this matter, please call me at
704/389-8865.
Sincerely,
James E. Patterson
Waste Management Specialist
N.C. Solid Waste Management Section
JEP/mg
cc: Bill Meyer
Julian Foscue
Eldon Owen

�� i �►rJ 1"0 ��,t�t�
HENDERSON COUNTY
I30ARD OF COMMISSIONERS
100 NOWrII KING STIZEE"I'
WILLIAM T. DRAKE HENDERSONVll LE- N.C. 28/92
CHAIRMAN
TROY L.MAYBIN 1110NE 701 G97-1808
F. RICHARD BAKER
J. MICHAEL EDNEY
HUGH D. RANDALL
June 6, 1990
Mr. William L, Meyer, Director
Solid Waste Management Division
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
401 Oberlin Road
Raleigh, NC 27605
Dear Mr. Meyer:
yj.' JERRY,YMYERSP
�,"•� _C'OU�TY ADMINIST TOR
�a� �'cPiFSiyPa/U QG ,
As a follow up to our conversation on June 1, 1990 and my
subsequent conversation with Mr. Jim Patterson of your office, I
would like to address the items spelled out in the Inspection
Report of the Henderson County Landfill (Permit Number 45 - 01)
dated May 31, 1990. There were three items checked as violations
of the Solid Waste Management Rules and Regulations. I would like
to address each of the items separately and offer a plan of
corrective action for all items. I might add that many of the
corrective actions were completed prior to the closing of the
Landfill on May 31, the date of the inspection.
Erosion Control --On the date of the inspection, Landfill staff
was in the process of making repairs to the silt control basin in
question when we were cited for this violation. See Photo #1. On
previous occasions, because of the heavy rains this spring, the
basin had overfilled and some silt had escaped into the drainage
ditch leading from the basin. The repairs to address the situation
were underway on the day of inspection. The basin is being rebuilt
with a new 24-inch standpipe and valve, and the dam should be
completely repaired within two weeks. In the interim we have
erected a section of silt fence across the drainage ditch -to
prevent any silt from escaping. I might add that prior to removing
the old standpipe and the small section of the dam necessary to
remove the standpipe and valve, we made arrangements to have the
accumulated silt removed from the pond and therefore minimized the
amount of silt which could escape from the basin. I have some
problem with being cited for a violation when we are actively
involved in correcting the situation which caused the violation.
Drainage Control --Surface Water impounded over and in Waste.
To my knowledge and to the knowledge of the Landfill Supervisor,
there was no surface water impounded over or in the waste on the
day of the inspection other than some minor accumulation in the

tire tracks left by the heavy equipment. There were several low
places on the working surface of the landfill which had the
potential to accumulate some surface water but even with the heavy
rains that Henderson County received over the Memorial Day weekend
there was no standing water on the top of the Landfill. The
enclosed photos, taken between 4:30 and 6:00 p.m., on the day of
the inspection (May 31, 1990) do not reflect any standing water.
One photo does reflect what appears to be a moist place or two in
the tracks left by one of the pans. Quite frankly, I am of the
opinion that citing this as a violation is technically stretching
the rules somewhat to justify an action.
Drainage Control --Adequate slope on Completed Areas to Allow
Controlled Runoff. At the time of the inspection we were actively
working in the area under question and depositing solid waste in
a thin layer over several of the low areas previously identified.
From the long range view identified as photo No. 2, you can see
that the Landfill staff is beginning a fan shaped thin cell of
solid waste along the edge of the working surface in an attempt to
control the direction of surface water runoff. Admittedly there are
some low areas on the working surface. Once again we were in the
process of addressing a concern which had been addressed in
previous correspondence from your office. We had addressed the
situation to the point that the areas in question did not impound
water, and were trying to get the proper slope to move the surface
water toward a new slope drain which will be installed immediately
above an existing drain system which empties into a second silt
basin located just above the Animal Shelter and near the Prison
Unit. Eldon Owen, Landfill Supervisor, advises that he will
continue to use the small fan shaped cells to fill the low areas
on the working surface until he achieves the desired slope to meet
your requirements and the surface drainage needs of the Landfill.
This approach is not the most cost effective method of running a
landfill since the same amount of cover dirt can cover six to eight
feet of solid waste as will be required to cover the three to four
feet of solid waste currently being deposited. The only other
option is to fill the low areas with cover dirt and further deplete
this valuable resource.
It is Henderson County's sincere intent to fully comply with
the rules and regulations of the Solid Waste Management Division.
I firmly believe that we have one of the better landfills in the
State of North Carolina and the committment by the Board of
Commissioners, County Administration, and the Landfill Staff to
make it one of the best. We would like to work with you and your
staff in achieving this commitment. We did have some equipment
problems at the Landfill during your previous inspection, and we
have taken the necessary steps toward correcting those problems.
Perhaps the method I chose in responding to those problems and
attempting to explain why some of them existed has caused you any
your staff some concern. The reason I responded was because that
I too have some concerns about the landfill situation in North
Carolina. I take these concerns very seriously and do not want
Henderson County to get into a situation whereby we are constantly

faced with the threat of a $5,000 per day administrative penalty.
I would much rather exert my efforts toward improving the County
Landfill than writing letters and memos about alleged violations.
If you have any questions or wish to discuss this matter in
greater detail do not hesitate to contact me. I will be more than
happy to sit down with any member of your staff at any time and
discuss the operation and maintenance of the Henderson County
Landfill. I feel that we are making significant progress toward
meeting riot only the letter of your rules and regulations but also
the spirit and intent in which they were adopted. I will be pleased
to compare the Henderson County Landfill with any other landfill
operating in Western North Carolina or any other landfill operating
at our volume and in similar terrain.
Sincerely,
VJ E D . MARS
OU TY ADMINISTRATOR
JDM:mwq
cc: William T. Drake, Chairman
Larry Justus
C. W. Hardin
Robert Carpenter
William Cobey
Ann Orr
Julian Foscue
James Patterson

AnTE " A
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Solid Waste Management
P.O. Box 27687 - Raleigh, North Carolina 27611-7687
James G. Martin, Governor
William W. Cobey, Jr., Secretary
r:w)ly to:
November 15, 1990
Mr. Jerry D. Myers
Henderson County Administrator
244 Second Avenue East
Hendersonville, NC 28739
Dear Mr. Myers:
William L., Meyer
Director
Rt. 1, Box 179
Hayesville, NC 28904
704/389-8865
Mr. Julian Foscue, Solid Waste Supervisor, and I visited the Henderson
County Landfill, Permit No. 45-01, on November 6, 1990. The purpose of the
visit was to conduct a sanitary landfill compliance inspection. During our
inspection, we observed several areas of concern. Listed below are problems
requiring attention:
1. Solid waste is not being covered after each day of operation with a
compacted layer of six inches of suitable cover material.
2. Adequate erosion control measures are not being practiced to prevent
excessive on -site erosion. Large eroded areas were observed on
dikes.
3. Completed areas are not being adequately sloped to allow surface
w:rjter runoff in a controlled manner. The top surface of the
landfill needs grading and/or filling to provide proper drainage.
4. The siltation basin located above the maintenance building is
practically full and needs cleaning in the near future to prevent
off -site siltation problems.
Because of inclement weather conditions and equipment breakdowns, the
decision was made to postpone the written compliance inspection. The problem
areas were discussed with you and Eldon Owen, Henderson County Landfill
Supervisor, and it was agreed that immediate action would be taken to correct
them.
An Equal Opportunity Affiinnative Action Employer

Mr. Jerry D. Myers
November 15, 1990
Page 2
Several of the same infractions of the N. C. Solid Waste Management Rules
have been noted on previous inspections on a recurring basis at the Henderson
County Landfill. It is crucial that Henderson County take initiatives
necessary to maintain compliance with operational requirements for sanitary
landfills.
Thank you for your attention to the matters discussed. If you have any
questions, please contact me at 704/389-8865.
Sincerely,
James E. Patterson
Waste Management Specialist
JEP: a
cc: r. Eldon Owen
r. Julian Foscue

STATt
i7 A
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Health
James G. Martin, Governor
William W, Cobey, Jr., Secretary
Western Regional Office • Moore III
Black Mountain, North Carolina 28711
[phone]
April 16, 1990
Mr. Jerry D. Myers
County Administrator
Henderson County
244 Second Avenue East
Hendersonville, North Carolina 28739
RE: NOTICE OF VIOLATION
Dear Mr. Myers:
Richard K. Rowe
Division Director
Pursuant to NCGS 130A-22(a) and to NCAC 10G, I conducted an inspection on
March 21, 1990 of the Henderson County Sanitary Landfill, Permit No. 45-01,
located in Henderson County on State Road 1758 near Hendersonville, North
Carolina. This inspection found the Henderson County Sanitary Landfill to be in
violation of certain requirements contained in the North Carolina Solid Waste
Management Rules, codified at 10 NCAC 10G specifically:
1. 10 NCAC 10G .0505(3)(a) requires that solid waste be covered after each day
of operation with a compacted layer of at least six inches ,)f suitable cover.
The Henderson County Landfill was operating in violation of 10 NCAC 10G
.0505(3)(a) in that solid waste had not been covered with a compacted layer
of at least six inches of suitable cover after each day of operation.
2. 10 NCAC 10G .0505(4)(b) requires that adequate erosion control measures shall
be practiced to prevent excessive on -site erosion. The Henderson County
Landfill was operating in violation of 10 NCAC 10G .0505(4)(b) in that
adequate erosion control measures had not been practiced to prevent excessive
on -site erosion.
3. 10 NCAC 10G .0505(5)(b). requires that surface water shall not be impounded
over or in waste. The Henderson County Landfill was operating in violation
of 10 NCAC 10G .0505(5)(b) in that surface water was impounded in numerous
areas over solid waste.
4. 10 NCAC 10G .0505(5)(c) requires that completed areas shall be adequately
sloped to allow surface water run-off in a controlled manner. The Henderson
County Landfill was operating in violation of 10 NCAC 10G .0505(5)(c) in that
An Equal Opportunity Affirmative Action Employer

completed areas had not been adequately sloped to allow surface water run-off
in `a controlled manner.
5. 10 NCAC 10G .0505(12)(b) requires that at the conclusion of each day of
operation, all windblown material resulting from the operation shall be
collected and returned to the area by the owner or operator. The Henderson
County Landfill was operating in violation of 10 NCAC 10G .0505(12)(b) in
that all windblown solid waste was not collected and returned to the area by
the owner or operator at the conclusion of each day of operation.
COMPLIANCE SCHEDULE
Based upon the foregoing, the County of Henderson is hereby ordered to take
the following actions by May 31, 1990 to correct all violations as stated in this
Notice of Violation, and otherwise be in compliance with the North Carolina Solid
Waste Management Rules, codified at 10 NCAC 10G:
1. Comply with 10 NCAC 10G .0505(3)(a) by covering all solid waste after each
day of operation with a compacted layer of at least six inches of suitable
cover.
2. Comply with 10 NCAC 10G .0505(4)(b) by repairing all eroded areas on the
landfill and implementing adequate erosion control measures to, prevent
excessive on -site erosion.
3. Comply with 10 NCAC 10G .0505(5)(b) by adequately sloping the surface of the
landfill to prevent surface water impoundment over solid waste.
4. Comply.with 10 NCAC 10G .0505(5)(c) by adequately sloping completed areas of
the landfill to allow surface water run-off in a controlled manner.
5. Comply with 10 NCAC 10G .0505(12)(b) by collecting and returning to the area
all windblown material at the conclusion of each day of operation.
If the requirements above are not met on a continuing basis, enforcement
action may be taken. Remedies include assessment of Administrative Penalties of
up to $5000.00 (five thousand dollards) per day per violation, dating from the
compliance date in this order, and/or injunctive relief, pursuant to G.S. 130A-22
or G.S. 130A-18.
If you have any questions concerning this matter, please call me at
704/389-8865.
Sincerely,
James E. Patterson
Waste Management Specialist
Solid Waste Management Section
JEP/dgm
cc: Mr. Julian Foscue
Mr. Eldon Owen