0501_INSP_20211103

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 4

UNIT TYPE:
Lined
MSWLF X LCID X YW Transfer Compost SLAS COUNTY: Ashe
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 0501-MSWLF-1993
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: November 3, 2021 Date of Last Inspection: August 25, 2021

FACILITY NAME AND ADDRESS:
Ashe County Solid Waste Facility
739 Fred Pugh Road
Crumpler, North Carolina 28617

GPS COORDINATES (decimal degrees): Lat.: 36.52238 Long.: -81.36960

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Scott Hurley, Director – Department of Environmental Services
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 1327
West Jefferson, North Carolina 28694

PARTICIPANTS:
Mike Rutherford, Landfill Supervisor – Ashe County
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit to Operate “0501-MSWLF-1993 Municipal Solid Waste Landfill and land Clearing and Inert Debris Landfill”
was issued to Ashe County on March 31, 2015. This Permit expired on October 12, 2020. A permit renewal request
has been submitted to the Solid Waste Section and is currently under review.

PURPOSE OF SITE VISIT:
Partial Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:
15A North Carolina Administrative Code 13B .1626(2)(b) states: “Except as provided in Sub-Item (c) of this Item, the
owners or operators of all MSWLF units shall cover disposed solid waste with six inches of earthen material at the end of
each operating day, or at more frequent intervals if necessary to prevent the escape of waste and the attraction of vectors
and scavenging, and to minimize fires and the generation of odors.”

During the inspection, insufficient cover was observed in the active portion of the landfill leaving waste exposed.
Exposed waste was observed in the vertical slope below the waste off-load location. No soil cover was provided over
waste along the crest of the north facing slope within the active area resulting in multiple dogs scavenging within the
exposed waste area. The inspection was performed upon initial opening of the facility, prior to any waste being received.
Waste had not been covered with a minimum of six inches of earthen material at the end of the previous operating day.
Therefore, Ashe County is in violation of 15A NCAC 13B .1626(2)(b).
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 4

11/3/21: View of waste exposed above soil looking 11/3/21: View of waste exposed above soil at waste
south. (photo by C. Gerstell) off-loading area. (photo by C. Gerstell

11/3/21: View of exposed waste with no soil cover 11/3/21: Exposed waste in vertical slope at off-load
at crest of north facing slope. (photo by C. Gerstell) location (photo by C. Gerstell)

To achieve compliance, all waste within the landfill must be covered with a minimum of 6-inches of earthen
material or approved alternative cover material at the conclusion of the operating day.

ADDITIONAL COMMENTS

1. The facility consists of a Municipal Solid Waste Landfill (MSWLF), Land Clearing and Inert Debris Landfill
(LCID), scrap tire collection area, and a white goods collection area.
2. The facility has a service area of Ashe county only.
3. A gate was provided at the entrance to the facility to prevent unauthorized access. The gates were closed and pad
locked upon arrival at site.
4. This waste a partial inspection to evaluate the operations of the facility and investigate a complaint of odors
emanating from the facility.
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
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 INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 4

Operations Inspection of the MSWLF Unit:

5. During the inspection, a small load of yard trash (laps and limbs) had been disposed in the landfill during the
inspection. The individual who dumped the waste stated that this material was brought to the MSWLF Unit due to
having other waste such as silt fence mixed in. Yard trash is banned from disposal in a municipal solid waste
landfill per G.S. 130A-309.10. Facility staff were advised that the subject waste must be removed. Mr. Rutherford
immediately contacted the generator of the waste by phone and advised the individual that this material could not
be accepted at the MSWLF.
6. The working face was small and compact.
7. Good operational cover was observed on the inactive portions of the landfill.
8. A leachate outbreak observed at the toe of the slope of the current lift of phase 4. Flow from the outbreak traveled
west along the toe of the slope and absorbed into the ground prior to leaving the footprint of the lined cell. Please
ensure the leachate outbreak is repaired to prevent the condition from worsening or resulting in leachate leaving
the footprint of the lined disposal cell.

11/3/21: View of leachate flowing at toe of slope
looking west. (photo by C. Gerstell)

9. Windblown waste was well managed.
10. Edge-of-liner markers were in place.
11. Access roads were of all-weather construction and well maintained.

Operations Inspection of the LCID Unit:

12. The working face appeared to be less than one acre in size at the time of inspection.
13. No unacceptable waste streams were observed.
14. Staff were in the process of covering the exposed waste with soil.

Supporting Comments:

15. The facility had proper signage.
16. The leachate pond was observed during the inspection.
x Two aerators were in operation at the time of inspection.
x No concerns were observed with the visible portions of the liner.
x No odors were observed adjacent to the leachate pond.
17. As noted above, this inspection was performed, in part, to respond to a complaint of odors emanating from the
facility.
x No odors were observed off Fred Pugh Road near the entrance to the facility in the morning hours prior to
the inspection.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 4

x Upon completion of the inspection, an attempt was made to see if odors could be observed off Willie
Brown Road northeast of the landfill. No odors were observed.
x Although no odors were observed outside of the facility, some odors were observed within the facility
during the inspection. The strongest odors were observed when traveling down the access road on the west
side of the facility to observe the working face. Strong odors were also observed directly adjacent to the
active landfill area at the location where waste vehicles off-load. These odors were observed prior to
waste being received at the facility.
x Please note, the rules and facility permit require the facility to monitor for odors and take appropriate
action where necessary to minimize any odor from migrating beyond the facility boundaries. The
inspection of the landfill revealed improper waste cover and a leachate outbreak, both of which can create
odors capable of leaving the property, so it is reasonable to provide some validity to the complaint itself.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 11/9/21 X Email Hand delivery US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2021.11.09 13:15:41 -05'00'