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Home My WebLink AboutN1083_INSP_20210929FACILITY 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: September 29, 2021 Date of Last Inspection: August 25, 2021 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: (336) 977-6348 Email address: brinegar887@gmail.com FACILITY CONTACT ADDRESS: 1041 Hudler Town Road Crumpler, North Carolina 28617 PARTICIPANTS: 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: Unresolved Violation - 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 an inspection on August 25, 2021, waste within the landfill was on fire. Therefore, Mr. Brinegar was found in violation of 15A NCAC 13B .0566(10)(a). Inspection of the site on September 29, 2021 found heavy smoke still coming from the waste area, but no open flames were observed. Severe settling was observed at the top of the landfill in the center of the waste area. During a phone conversation on September 28, 2021 Mr. Brinegar stated that it was not recommended that equipment be moved onto the site as the fire was not completely extinguished and due to settling. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 3 As previously directed in the Notice of Violation issued on September 1, 2021, 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). Unresolved Violation - 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 an inspection on August 25, 2021, no sign was posted as required. Therefore, Mr. Brinegar was found in violation of 15A NCAC 13B .0566(14). No sign was observed on site during the inspection performed on September 29, 2021. As previous directed in the Notice of Violation issued on September 1, 2021, 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). OBSERVED VIOLATIONS: No new violations observed. ADDITIONAL COMMENTS 1. The facility is located on a 48.96-acre parcel of land located off Hudler Town Road and is owned by Keith A. and Tammy L. Huffman. 2. This inspection was performed in order to evaluate the status of the fire on site and investigate a complaint of new waste being delivered to the site. 3. There was no evidence observed indicating that additional waste had been brought into the facility since the fire started. 4. No gate was provided at the entrance to the facility to prevent unauthorized access. During the previous inspection, Mr. Brinegar explained the gate had been recently removed to allow trucks to enter the facility to off- load waste. • As noted on the previous inspection report, the gate to the facility must be reinstalled to prevent unauthorized access. 5. The waste area appeared to be less than two acres in size at the time of inspection. 6. 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. • 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. • As noted on the previous inspection report, please ensure no waste is placed within the required 100-foot 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 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: (704) 235-2144 Charles T. Gerstell Environmental Senior Specialist Regional Representative Sent on: 10/18/21 X Email Hand delivery US Mail Certified No. [ _] Copies: Deb Aja, Western District Supervisor - Solid Waste Section