1203_ROSCANS_2012

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, Bryan Steen, County Manager, ;-.... >_...... ....___ ........... ..:.......
i Burke Ccunty O I
P.O. Box
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-,Moorganton, NC 28680-0219
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Bryan Steen, County Manager
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Morganton, NC 28680-0219
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PS Form 3811, February2004 Domestic Return Receipt
io2ese-o2-M-tsao

Burke County General Services
P.O. Box 1486 - Morganton, NC 28680-1486
110 North Green Street, Suite A • Morganton, NC 28655
May 4, 2012
North Carolina Department of Environment and Natural Resources
Division of Waste Management
2090 US Highway 70
Swannanoa, North Carolina 28778-8211
Attn: Mr. Bill Wagner, Environmental Senior Specialist
Re: Notice of Violation
Johns River Landfills: Construction & Demolition and Municipal Solid Waste
Permit ID No. 12-03
Burke County
Dear Mr. Wagner:
Burke County is in receipt of the above -referenced Notice of Violation and is providing
the following information in response to this NOV;
A. 18A NCAC 13B .0534(b)(2)(C) states in part: "The permittee must furnish to
the Division any relevant information that the Division may request to
determine whether cause exists for modifying, revoking or suspending the
permit, or to determine compliance with the permit."
Specifically, the SECTION requested ........................... submit to Bill Wagner
a written plan, with time lines, for correcting .......................
Several emails were sent to Mr. Wagner concerning some of the issues identified
by the 8/29/11 Facility Compliance Audit — some before the Audit, one after the
audit. One of those emails sent 7/21/11 identified much of what was being
discussed at all landfills. Unfortunately, I sent that email to
Bill.Wagner at7.ncmail.net instead of bill.wagnerOncdenr.gov (the latter is the new
address). When an address changes and is no longer valid, the message
typically comes back as undeliverable. That was not the case with this email.
Because a lot of the discussion concerning the extra work needed came late in
the fiscal year, the 11/12 Fiscal year budget had already been approved and I
Waste Management / Recycling & County Garage Telephone [phone] / Fax [phone]
Water & Sewer / Maintenance & Operations Telephone [phone] / Fax [phone]

had to go back to the Board of Commissioners to request additional funding of
approximately $237,000.
The Facility Compliance Audit of 8/29/11 listed two violations:
1. 16A NCAC 13B.0544(b)(2) states: "Monitoring wells must be designed
and constructed in accordance with the applicable North Carolina Well
Construction Standards in 15A NCAC 02C."
Specifically . ..............."All non -water supply ............... shall be secured with
a locking well cap to ensure against unauthorized access and use,"
To the best of my knowledge, all groundwater and gas monitoring wells have
locks that have been installed on those wells and were done by the end of
business (4 pm) on Friday May 4, 2012.
2. 16A NCAC 13B.0544(b)(2) states: Monitoring wells must be designed
and constructed in accordance with the applicable North Carolina Well
Construction Standards as codified in 15A NCAC 02C."
Specifically . ............... Each non -water supply well ................. affixed a
permanent identification plate.
Joyce Engineering is scheduled to be at the Johns River Landfill May 29 — 31,
2012 to conduct the next round of ground water and gas monitoring. Joyce
Engineering will review the information on the tags and correct or reinstall
missing tags on all wells (ground water and gas) during that time period.
Joyce will also remove locks on wells that were installed by Joyce
Engineering and replace them with Burke County supplied wells. Information
to be included on the identification wells are as follows: 1) well contractor
name and certification number, 2) date well completed, 3) total depth of well,
4) a warning that the well is not for water supply and that groundwater may
contain hazardous materials, 5) depths to the tops and bottoms of the
screens, and 6) the well identification number or name assigned by the well
owner.
B. 15A NCAC 13B .0542(a) states in part: "The owner or operator must
maintain and operate the facility in accordance with the operation plan
prepared in accordance with this Rule." Section 3(D) — "Cover Material
Requirements" of Burke County's approved "Operations Plan" states that

"Waste will be covered with six inches of earthen material when the waste
disposal area exceeds one-half acre and at least once a week."
Burke County operations staff has been instructed to have no more than one-half
acre open without six inches of earthen material. To the best of my knowledge,
this violation has been brought back into compliance by the end of the business
day (4 pm) Friday May 4, 2011.
C. 15A NCAC 13B ,0644(b)(2) states in part: "Monitoring wells must be
designed and constructed in accordance with the applicable North Carolina
Well Construction Standards as codified in 15A NCAC 02C."
Specifically, 15A NCAC 02C .0108(k) requires that: "All non -water supply wells,
including temporary wells, shall be secured with a locking cap to ensure against
unauthorized access and use."
To the best of my knowledge, all groundwater monitoring wells have been
secured with county locks as of the end of business (4 pm) on Friday May 4,
2012.
D. 15A NCAC 13B .1627(d)(1)(A) states in part that post -closure criteria
consist of the following: "Maintaining the integrity and effectiveness of any
cap system, including making repairs to the cover as necessary to correct
the effects of settlement, subsidence, erosion, or other events, and
preventing run-on and run-off from eroding or otherwise damaging the cap
system."
On April 16, 2012 two areas of excessive on -site erosion and insufficient ground
cover were observed on the closed Municipal Solid Waste landfill. Burke County
has failed to maintain the integrity and effectiveness of the cap system of the
MSW landfill in accordance with the requirements in 15A NCAC 13B
.1627(d)(1)(A) in that they have failed to make necessary repairs to the cap to
correct the effects of erosion, settlement, subsidence, erosion, or other events,
and preventing run-on and run-off from eroding or otherwise damaging the cap
system.
Staff has been unable to locate the excessive on -site erosion identified in photo
#5 especially when compared to the excessive on -site erosion shown in photo
#6. The area shown in photo #5 has bare soil areas with no vegetation, but it
does not have what I consider "excessive on -site erosion". The material that was

used in closing out the MSW landfill in a lot of areas is not conducive to growing
and maintaining a vegetative cover. The material in this area is very rocky and
obviously nutrient poor. In addition to that, this side was left at a slope that is
steeper than most any other slope at this landfill and will be difficult to correct in
less than ideal conditions. We agree that this area needs work and additional soil
that will support and sustain vegetative growth and we plan to work on this area
as time and weather permit, but it cannot be completed in the time schedule
given. One further item for consideration is that I have been with Burke County
for four years and several areas like this have existed since I have been here. To
require the correction to an area that will take more time than allowed when it is
not a "failure to make necessary repairs to the cap to correct the effects of
settlement, subsidence, erosion, or other events, and preventing run-on or run-off
from eroding or otherwise damaging the cap system" is a stretch at best. We
simply cannot repair the area correctly in the time given.
Photo #0 is a different story -- we agree that area has excessive erosion and are
correcting that now. Weather permitting, this area will be corrected by the end of
business (4 pm) on Friday May 4, 2012. We are actually repairing areas larger
than what is shown in the photo. When we started looking at it more closely,
more than what was photographed needs repair. To the best of my knowledge,
this has not been brought completely into compliance. A lot of earthmoving has
been completed and eroded areas covered with new soil. However. Additional
dirt still needs to be brought in, final dress -up done and seed and straw applied.
Weather permitting, this work should be completed by the end of business (4 pm)
next Friday May 11, 2012.
Please advise if there are questions concerning the information and responses
provided.
Sincerely,
H. Carson Fisher, PE
General Services Director/County Engineer
Ec: Mark Poindexter, Field Operations Branch Head — Solid Waste Section
Jason Watkins, Western District Supervisor — Solid Waste Section
Jessica Montie, Compliance Officer — Solid Waste Section
Cc: Mr. Bryan Steen, Burke County Manager

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Mr Bryan Steen, County Manager
Burke County
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P.O. Box 219
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Mr. Bryan Steen, County Mania
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June 11, 2012
Burke County General Services
P.O. Box 1486 - Morganton, NC 28680-1486
110 North Green Street, Suite A - Morganton ° OVED
SCANNED J U N 18 2012
North Carolina Department of Environment and Natural Resources SOLID WASTE SECTION
ASHEVILLE REGIONAL OFFICE
Division of Waste Management
2090 US Hwy 70
Swannanoa, North Carolina 28778
Attn: Mr. Bill Wagner
Re: Notice of Violation
Compliance Inspection Report
Johns River Construction and Demolition (C&D) Landfill
Permit No. 12-03
Burke County
Dear Mr. Wagner:
Burke County is in receipt of the above -referenced NOV and offers the following in
response to this NOV:
1. 15A NCAC 13B .0534(b)(2)(A), Item 12, of Attachment 3 (Conditions of
Permit to Operate) of Burke County ........ a. A responsible individual
certified in landfill operations must be on -site during all operating hours of
the facility at all times while open for public use to ensure compliance with
operational requirements.
Response to the above noted violation — Daryl Mayo, operator in question,
has been registered for the June 21 - 22, 2012 Landfill Operations Specialist
Certification Course in Cary, NC. Attached is a copy of his registration and
confirmation. Until such time that Daryl gets certified, there will be a certified
operator on -site all hours the C&D landfill is open to use by the public.
2. 15A NCAC 13B .0534(b)(2)(1) "Proper Operation and Maintenance” states in
part" ... Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training ...".
Waste Management / Recycling & County Garage Telephone [phone] / Fax [phone]
Water & Sewer / Maintenance & Operations Telephone [phone] / Fax [phone]

Response to the above noted violation — see response for violation no. 1.
3. 15A NCAC 13B .0534(f)(1) states in part: "... the owners and operators of all
C&DLF units must cover the solid waste with six inches of earthen material
when the waste disposal area exceeds one-half acre and at least once
weekly. Cover must be placed at more frequent intervals if necessary to
control disease vectors, fires, odors, blowing litter, and scavenging."
Response to the above -noted violation — Please see the attached email and
attachment sent to you on May 17, 2012 at 2:21 pm concerning a complaint filed
with OSHA alleging safety violations and the effect that the complaint had on our
operations. The response to OSHA and my email indicated we were shutting
down operation of loader and pan until the concerns were fixed. Also attached is
a copy of the follow-up visit by OSHA indicating "No Violations" were found.
However, the pan remains parked and we are in the process of acquiring a
newer used pan to abate any concerns about safety issues. Until that purchase is
completed within the next 3 — 4 weeks, our staff has been instructed to use
whatever reasonable and safe means are available to them to get this item into
compliance by 7/1/12.
4. 15A NCAC 13B .0542(f)(2) states in part: "... areas which will not have
additional wastes placed on them for three months or more, but where final
termination of disposal operations has not occurred, must be covered and
stabilized with vegetative ground cover or other stabilizing material."
Response to the above -noted violation — By email of 6/6/12, 1 have requested
that Burke County be allowed to use pallet mulch that we are unable to find a
market for as a temporary soil stabilizer material on our C&D landfill. I am not
confident that a good vegetative cover can be established at this time of the year
if we seed and straw. Using the pallet mulch as a stabilizer material for 90 — 120
days would allow us to seed and straw at a time more conducive to root
establishment and give that vegetative matter a much better chance to make it
thru next summer's heat.
Areas of Concern identified in the Facility Compliance Audit Report of 5/19 and
5/21/12
1. C&D waste has been allowed to migrate from the C&D landfill onto the NW
corner of the closed MSW landfill.

Response to above stated concern —Within the schedule given, this area will
be corrected.
2. The perimeter access road on the eastern side of the landfill (north of
groundwater monitoring well #MW 13) is eroded to the point that it is
imr►aec�hln
Response to the above stated concern — This situation came about as a result
of the previous Facility Compliance Audit Report of 4/16/12 and resulting NOV.
Work to correct item no. 4 that pointed out excessive on -site erosion had begun
but not completed when a period of rain came that stopped progress. Since that
time, a second NOV has been issued on other items, a complaint filed to OSHA
concerning safety violations that resulted in several pieces of equipment being
parked, other equipment has since broken down and we are now short one
employee due to personnel action. When we started this portion of the work, we
wanted to correct a long standing nuisance. Once we moved the dirt in and rain
came, it has not been possible to return to correct with so many other "fires". As
soon as we are able, this area will be made passable and all weather.
3. The perimeter storm -water ditch is heavily silted. This ditch was cleaned the
week of May 28t", 2012.
Please advise of any questions or comments you may have about this response. We
will continue to improve this landfill and the concerns identified from the way I received it
four years ago.
Sincerely,
H. Carson Fisher, PE
General Services Director/County Engineer
Cc: Mr. Bryan Steen, County Manager
Mr. Mark Poindexter, Field Operations Branch Head
Mr. Jason Watkins, Western District Supervisor
Ms. Jessica Montie, Compliance Officer

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' Mr. Bryan Steen, County
ads
Manager
j Burke Cgynty General Services
P.O. BOX219
Morganton, NC 28680-p219
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Mir. Bryan Steen, County Manager
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Burke County General Services
P.O. Box 1486 • Morganton, NC 28680-1486
110 North Green Street, Suite A • Morganton, NC 28655
August 30, 2012
North Carolina Department of Environment and Natural Resourc [Cr
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Division of Waste Management
LD
2090 US Hwy 70
Swannanoa, North Carolina 28778 SEP - 4 2012
Attn: Mr. Bill Wagner scrTF sctloN
Re: NOV dated 7/30/12
AGF,74LL-- REGIONAL OFFICE
Compliance Inspection Report
Johns River C&D and Closed MSW Landfills
Permit No. 12-03, Burke County
Dear Mr. Wagner:
Burke County is in receipt of the above -referenced NOV and offers the following in
response:
1. 15 NCAC 13B .0534(f)(2) "Cover Material Requirements — Burke County will
have within 60 days of receipt of the NOV have a vegetative ground cover
sufficient to resist erosion on the northern and western slopes.
2. 15A NCAC13B .1626(7)(c) "Closure requirements states ..... a vegetative ground
cover sufficient to. — Burke County will have within 60 days of receipt of the NOV
a vegetative ground cover sufficient to resist erosion on the southern slopes of
the closed MSW landfill.
As we discussed in our meeting with Mr. Bryan Steen, County Manager, and Mr. Jason
Watkins, Western District Supervisor NCDENR, we are working hard on one item until it
is completed. We have completed additional fill work on the eastern toe of slope for
stabilization of the perimeter road. The area has been graded to direct drainage to both
SB-2A and a new small basin off the southeast corner of the closed MSW landfill.
Slopes of the perimeter road have been seeded and grass is established. By directing
storm water to these two basins, any runoff that does occur until the slopes are
stabilized will be directed thru sediment basins before final discharge.
Waste Management / Recycling & County Garage Telephone [phone] / Fax [phone]
Water & Sewer / Maintenance & Operations Telephone [phone] / Fax [phone]

Within the last two weeks, we have completed repair work to eroded areas on the east
side of the landfill, completed an intermediate road and berm on the east side and
installed slope drains from the intermediate road/berm down the slope to the drainage
ditch paralleling the completed, stabilized perimeter road. As I am writing this, Sides
Seeding is fertilizing, seeding, strawing and hydro -seeding the completed east side. The
only remaining work to complete on the east side is to tie the upper slope drains to the
lower slope drains. We plan to work on that after other priorities are completed.
Work is on -going on the west side of the landfill. After bush -hogging this landfill recently,
we discovered some rather large ruts and erosion in an area that had previously had
vegetation established in the MSW area. As we are working to complete the necessary
earthen cover, we plan to work this area and the area with no cover immediately above
it and prepare it for seeding. Once we have one-half of this area complete, we will get
the ground cover sown and established. The other half and the north end will be
covered with the proper earthen cover and seeded and stabilized as soon as possible.
As we are working on the west side, we will install slope drains as we complete the
cover and prior to the seeding and stabilization so as not to disturb the area after
seeding.
Last but not least, we will complete the repairs where no or little vegetation is existing
on areas that had already been closed as we have time. This may come in spurts as we
have a little time left in a day that a small area can be accomplished and we will wrap
these up as soon as possible.
Our staff has been working overtime and extra hours to complete this work as quickly as
possible. When possible, we have pulled staff from other operations to assist. We will
continue to do this until we are in compliance and we do not plan to get in this shape
again. I do not believe that we can complete all the work addressed in this NOV within
60 days of receipt of the letter. An additional 30 days is requested for total of 90 days.
Recent dryer weather has helped tremendously. Getting a full staff back starting
September 18th (due to an unscheduled surgery) will also assist in getting the work
completely wrapped up.
On a different note, the inside of the transfer station has been pressure washed except
for some of the area behind the receiving bay and in the receiving bay itself. That work
will be completed after the first of next week. While we are cleaning these areas, we are
also removing damaged steel around the receiving bay and replacing it with new steel.
Thank you for your continued efforts to work with us on compliance issues. Both Greg
Watts and I have had several conversations between ourselves and staff to emphasize