N1083_INSP_20211207

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: December 7, 2021 Date of Last Inspection: September 29, 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: [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
Josh Steelman, 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 Deeds 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).

In order to achieve compliance, Mr. Brinegar was required to ensure actions continued to ensure that the fire was
completely extinguished, immediately discontinue acceptance of waste until the fire had been completely extinguished,
and 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).

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

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.

Inspection of the site on December 7, 2021 found heavy smoke coming from the waste area. An area of open flame was
observed at the southeast corner of the site during the inspection and emergency services were contacted. Emergency
responders arrived on site and extinguished the flames. Mr. Brinegar was also contacted and arrived on site. Additional
settling was observed at the top of the landfill in the center of the waste area.

During a telephone conversation on December 17, 2021, Mr. Brinegar stated that he had started the process of
covering the landfill with soil. Therefore, within 30-days of Mr. Brinegar’s notification, the entire waste area
must be covered with a minimum of 6-inches of earthen material.

Resolved 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.

Inspection of the facility on December 7, 2021 found that a sign had been posted on site. Therefore, this violation is
considered resolved. Thank you for your attention in this matter.

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.
3. It did not appear that new waste had been received.
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.
• Measures must be reinstalled to control unauthorized access per 15A NCAC 13B .0566(6). This can
include the installation of gates, chains, berms, or fences.
5. 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

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
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.
7. A sediment basin is located south of the site to collect potential sedimentation from the site. The basin is fitted
with a skimmer device. No off-site sedimentation was observed.

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: 12/20/21 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section