N1083_INSP_20210825

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Ashe
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N1083
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: August 25, 2021 Date of Last Inspection: April 12, 2017

FACILITY NAME AND ADDRESS:
Brinegar Waste Site
1800 Hudler Town Road
Crumpler, North Carolina 28617

GPS COORDINATES (decimal degrees): Lat.: 36.48860 Long.: -81.36186

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Anthony Brinegar, Operator
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
1041 Hudler Town Road
Crumpler, North Carolina 28617

PARTICIPANTS:
Anthony Brinegar, Operator
Luke Hall, Assistant County Ranger – NC Forest Service
Johnathan Stansberry, Ashe County Fire Marshal – Ashe County
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Land Clearing and Inert Debris Notification was received by the Solid Waste Section on June 9, 2016. The
Notification was filed for recordation with the Ashe County Register of Deed on June 8, 2018.

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

15A North Carolina Administrative Code 13B .0566(10)(a) states: “Open burning of solid waste is prohibited, unless
approval has been obtained from the Division, the local government, and the Division of Air Quality in accordance with
15A NCAC 02D .1900 prior to any burning activity.

During the inspection, waste within the landfill was on fire. Therefore, Mr. Brinegar is in violation of 15A NCAC 13B
.0566(10)(a).

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

To achieve compliance, actions must continue to ensure that the fire is completely extinguished. Immediately
discontinue acceptance of waste until the fire has been completely extinguished. Notify the Division once the fire
has been extinguished and it has been deemed safe to work within the landfill area. Within 30-days from the
aforementioned notification, the entire waste area must be covered with a minimum of 6-inches of earthen material
as required by 15A NCAC 13B 0566(4).

8/25/21: View of landfill looking southeast. (photo 8/25/21: View of slope of landfill looking north.
by C. Gerstell) (photo by C. Gerstell)

15A North Carolina Administrative Code 13B .0566(14) states: “A sign shall be posted at the site entrance showing
the site contact’s name and phone number, the permit number, emergency contact information, and the waste types
accepted for disposal at the site.”

During the inspection, no sign was posted as required. Therefore, Mr. Brinegar is in violation of 15A NCAC 13B
.0566(14).

To achieve compliance, within 30-days, from the notification that the fire has been extinguished and it has been
deemed safe to work within the landfill area, a sign must be posted at the facility entrance containing all
appropriate information as required by 15A NCAC 13B .0566(14).

ADDITIONAL COMMENTS

1. The facility is located on a 48.96-acre parcel of land located on Hudler Town Road and is owned by Keith A. and
Tammy L. Huffman.
2. This inspection was performed in response to a notification of a fire at the facility.
3. No gate was provided at the entrance to the facility to prevent unauthorized access. A gate was observed during
the previous inspection. Mr. Brinegar explained that the gate was recently removed to allow trucks to enter the
facility to off-load waste.
x The gate to the facility must be reinstalled to prevent unauthorized access.
4. The waste area appeared to be less than two acres in size at the time of inspection.

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 3

5. During the inspection, it appeared that majority of waste within the landfill had been covered with soil. Some
wood debris was observed protruding from the south facing slope. However, this may have been the result of soil
being displaced as a result of settlement associated to the fire at the facility.
6. No unacceptable waste streams were observed within the visible portions of the landfill. However, a demolished
trailer with associated waste was observed on the property just north of the landfill area. Mr. Brinegar stated that
this was a trailer that he had brought in and demolished. Mr. Brinegar stated that some of the waste was also
material that had been removed from the waste stream.
x All waste associated with the trailer demolition and removed from the waste stream must be removed
from the landfill are and disposed at a facility permitted by the Division of Waste Management.
7. 15A North Carolina Administrative Code 13B .0564(6)(b) states: “(6) Buffer Requirements: A site shall
maintain the following buffer requirements: (b) 100 feet from the waste boundary to property lines, residential
dwellings, commercial or public buildings, and potable wells.”
x Previous information provided to the Solid Waste Section indicated that the eastern property boundary is
located at the centerline of Hudler Town Road. However, during the inspection wood waste consisting
primarily of much was observed directly adjacent to the paved edge of Hudler Town Road, and therefore,
within the required 100-foot buffer to the eastern property boundary. Mr. Brinegar stated the mulch had
been placed down to assist vehicles with traction leading to the waste area.
x Please ensure no waste is placed within the required 100-foot buffer between the edge of waste and
property boundaries. A follow-up inspection will be performed at a later date to evaluate the buffer to the
eastern property boundary.

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: 9/1/21 Email Hand delivery X US Mail (with
NOV)
Certified No. [ _]

Copies: Jason Watkins, Field Operations Branch Head
Deb Aja Western District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer

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: 2021.09.01 08:27:45 -04'00'