N1083_NOV_20210901

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

September 1, 2021

CERTIFIED MAIL 7018 3090 0001 2318 9844
RETURN RECEIPT REQUESTED

Anthony Brinegar
1041 Hudler Town Road
Crumpler, North Carolina 28617

SUBJECT: Notice of Violation
Compliance Inspection Report
Brinegar Waste LCID
N1083
Ashe County

Dear Mr. Brinegar:

On August 25, 2021, Charles Gerstell, representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. You were present and
represented the Brinegar Waste LCID landfill facility during this inspection. The following
violations were noted:

A. 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).

B. 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).

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Mr. Anthony Brinegar
Brinegar Waste LCID
Notice of Violation
Page 2 of 3
September 1, 2021

Based upon the foregoing, Anthony Brinegar shall come into compliance with all requirements
of the regulations in 15A NCAC 13B .0566(10)(a) and .0566(14) by completing the following
at the Brinegar Waste LCID:

1. 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).

2. Within 30-days from the notification referenced in item #1 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).

The violations listed above were observed by Section staff and require action on behalf of
Anthony Brinegar and 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will
conduct a follow-up inspection to verify that the operator has completed the requirements of
this Notice of Violation.

If you have any questions, please contact me at [phone] or
[e-mail].

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Mr. Anthony Brinegar
Brinegar Waste LCID
Notice of Violation
Page 3 of 3
September 1, 2021

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Filed Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer

Enclosure: Facility Compliance Inspection Report