100-03T,011712NOV Inspection Report DIN 15935

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID YW Transfer X Compost SLAS COUNTY: YANCEY - MITCHELL
Closed
MSWLF HHW White
goods X Incin T&P X FIRM PERMIT NO.: 100-03T
CDLF Tire T&P /
Collection X Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: 1/17/2012 & 1/5/2012 Date of Last Inspection: 12/06/2011

FACILITY NAME AND ADDRESS:
Yancey-Mitchell Transfer Station
555 Landfill Road (SR-1440)
Burnsville, NC 28714

GPS COORDINATES: N: 35.93027 E: -82.17825

FACILITY CONTACT NAMES AND PHONE NUMBER:
Nathan Bennett , Yancey Co. Manager 828-682-3971
Charles Vines, Mitchell Co. Manager 828-688-2139
Anthony Allen, Yancey Co. Solid Waste Director: 828-284-4234
Donald Miller, Garbage Disposal Service (GDS): 828-766-5987
Ray Hoffman, Republic Services of NC, LLC: [phone]

FACILITY CONTACT ADDRESS:
Nathan Bennett, Yancey County Manager – Owner
Yancey County Courthouse
110 Town Square, Room 11
Burnsville, NC 28714
[e-mail]

Charles Vines, Mitchell County Manager – Owner
26 Crimson Laurel Circle
Bakersville, NC 28705
[e-mail]

Ray Hoffman, Republic Services of NC, LLC: [e-mail]
CT Corporation System, Registered Agent
Republic Services of North Carolina, LLC – Operator
150 Fayetteville St., Box 1011
Raleigh NC 27601

PARTICIPANTS:
Donald Miller, Garbage Disposal Service (1/5/2012)
Timothy Watson, Garbage Disposal Service (1/5/2012, 1/17/2012)
Teresa Summerlin, Yancey County (1/5/2012, 1/17/2012)
Deb Aja, NCDENR Solid Waste Section (1/5/2012, 1/17/2012)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 6

STATUS OF PERMIT:
Active

Original Permit to Construct/Operate January 31, 1995
Amendment 1 to Permit To Operate (PTO) September 7, 2000
Amendment 2 to Permit To Operate January 11, 2006
Modification to PTO: Change in Operator & Approved Disposal Site
[Document ID No. 7134]
July 30, 2009
Permit to Operate [Document ID No. 7134] June 4, 2009

PURPOSE OF SITE VISIT:
Partial inspections were conducted to observe corrective measures underway at the Treatment and Processing area in
response to the Notice of Violation issued on November 4, 2011.

STATUS OF PAST NOTED VIOLATIONS:
UNRESOLVED: On October 17, 2011, multiple loads of non-vegetative wastes, including painted wood,
plastics, insulation, conduit, wire, treated lumber and plywood, and miscellaneous wastes were present in the
Treatment and Processing Area, in violation of 15A NCAC 13B .0203(d). To correct this violation and be in
compliance with 15A NCAC 13B .0203(d), Yancey County, Mitchell County, and Republic Services of North
Carolina, LLC were required to immediately ensure that the Yancey-Mitchell Transfer Station was operated in
accordance with the contained in Permit No. 100-03T and the approved plan, and, by November 30, 2011, remove
all unacceptable wastes from the Treatment and Processing area to the transfer facility for disposal. On
November 30, 2011, the compliance date was extended to December 16, 2011. On December 6, 2011, the
multiple loads of non-vegetative wastes, including the stockpile of construction and demolition wastes and
miscellaneous wastes and several tractor trailer loads of mulch mixed with ground wastes, had been removed for
proper disposal. However, not all of the unacceptable wastes that were present on October 17, 2011, were
removed from the Treatment and Processing Area as of January 17, 2012, including: the stockpiled wastes
screened from mulch, and mulch mixed with waste spread on the ground. The waste mixed with mulch on the
ground covered approximately one half of the Treatment and Processing Area in a layer approximately 6” thick.

OBSERVED DEFICIENCIES:
1. New deficiency observed on both 1/5/2012 and 1/17/2012:

15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the permittee(s) shall be
considered to have accepted the conditions of the permit and shall comply with the conditions of the permit.”

General Permit Condition Number 6 states:
“Operation of this solid waste management facility must be in accordance with the Solid Waste
Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina
General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit; and the
approved plan. Should the approved plan and the rules conflict, the Solid Waste Management
Rules shall take precedence unless specifically addressed by permit condition.”

Transfer Facility Specific Condition Number 27 states:
“The facility is permitted to receive wooden pallets constructed of unpainted and untreated
natural wood.”

Transfer Facility Specific Condition Number 29 states:
“The facility must manage the treatment and processing according to the Operation Plan included
in Attachment I, Part II: “List of Documents for the Approved Plan”. This document is included
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 6

in the approved plan. Any revisions to the approved plan shall be approved by the North Carolina
Division of Waste Management (DWM), Solid Waste Section, prior to implementation.

The approved Operations Plan, Operations Item C, Inspection and Acceptance of Wastes states:
“The Treatment and Processing area shall consist of land clearing debris (i.e. stumps, trees, limbs,
brush, and other naturally occurring vegetative material, and untreated pallets. The placement of
land clearing debris shall be restricted to the smallest area feasible and compacted as densely as
practical. The land clearing debris and untreated pallets will be ground and/or removed from the
Treatment and Processing area prior to the volume of the debris exceeding 6000 cubic yards, or
approximately seven feet in height over the half-acre area.”

On January 5, 2012 and January 17, 2012, a pile of non-vegetative wastes measuring approximately 20 feet in
diameter and 5 feet high, including painted wood, plastics, insulation, treated lumber and plywood, and
miscellaneous wastes, were present in the Treatment and Processing Area. This constitutes a deficiency of 15A
NCAC 13B .0203(d).

To correct this deficiency and be in compliance with 15A NCAC 13B .0203(d), Yancey County, Mitchell
County, and Republic Services of North Carolina, LLC must immediately ensure that the Yancey-Mitchell
Transfer Station is operated in accordance with the contained in Permit No. 100-03T and the approved plan.
By January 31, 2012, remove all unacceptable wastes from the Treatment and Processing area to the transfer
facility for disposal.

ADDITONAL COMMENTS

1. The partial inspections were conducted to determine if the facility completed corrective measure to achieve
compliance with 15A NCAC 13B .0203(d).
2. On November 30, 2011, an extension of the original compliance date established in the Notice of Violation
issued on November 4, 2011, was granted via electronic correspondence and a new compliance date of
December 16, 2011 was established.
3. On December 6, 2011, a follow-up inspection was conducted. At that time the facility had made significant
progress to remove unacceptable wastes [painted wood, plastics, insulation, conduit, wire, treated lumber and
plywood, and miscellaneous wastes] from the Treatment and Processing area. The multiple loads of
stockpiled unacceptable waste that was observed on October 17, 2011, were removed from the site to the
Foothills Regional MSW Landfill. As of that inspection date it was estimated by facility staff that
approximately 400 tons of mulch mixed with grounded unacceptable wastes needed to be removed for proper
disposal. It was stated at that time that the facility had made arrangements for attending the Treatment and
Processing Area. However, since that inspection date, unacceptable wastes were delivered to the area, mixed
with wooden pallets that were segregated from land clearing debris for grinding.
4. On January 5, 2012 and January 17, 2012, a pile of non-vegetative wastes measuring approximately 20
feet in diameter and 5 feet high, containing painted wood, plastics, insulation, treated lumber and
plywood, and miscellaneous wastes, were present in the Treatment and Processing Area that was not
present during the December 6, 2011, inspection.
5. On January 5, 2012, Ms. Aja informed facility staff that the unacceptable wastes must be removed from
the Treatment and Processing Area to be in compliance. It was stated by staff that the pile of
unacceptable waste was delivered to the Treatment and Processing Area at least two days prior to the
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 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 4 of 6

inspection but the exact date was not certain. Notification was provided that a follow up inspection would
be conducted in the near future to determine if the deficiency was corrected.
6. On January 5, 2012, it appeared that most of the mulch mixed with unacceptable wastes was removed
from the site. Screened ground waste in a pile measuring approximately 4 feet high and 4 feet in diameter
was stockpiled next to the tractor trailer staging area. Some small pieces of ground waste were visible on
the ground throughout the Treatment and Processing Area.

View of stockpiled screened ground material. View of area where mulch mixed with waste had been stockpiled.
Photograph taken by D. Aja on 1/5/2012. Photograph taken by D. Aja on 1/5/2012.

7. Following the inspection, between January 5, 2012 and January 9, 2012, permit holders were notified that
the Notice of Violation issued on November 4, 2011, was unresolved and that additional unacceptable
wastes were delivered to the site in non-compliance with the permit and operations plan, and that a
follow-up inspection was planned within a week.
8. On January 17, 2012, a follow-up inspection was conducted and the same wastes observed on January 5,
2012, were still present in the Treatment and Processing Area. A significant amount of ground waste was
visible in the mulch spread over the ground in the Treatment and Processing Area. Identifiable pieces of
waste included latex glove, plastics, and engineered wood. The mulch mixed with waste on the ground
covered approximately one half of the Treatment and Processing Area in a layer approximately 6” thick.

Views of stockpiled ground mixed waste and mulch spread over approximately on half of the Treatment and Processing Area.
Photographs taken by D. Aja on 1/17/2012.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 6

9. Photographs showing sets of views of unacceptable wastes in the Treatment and Processing Area taken on
January 5, 2012, and January 17, 2012, from the approximately the same vantage points:

1A. Photograph taken by D. Aja on 1/5/2012. 1B. Photograph taken by D. Aja on 1/17/2012.

2A. Photograph taken by D. Aja on 1/5/2012. 2B. Photograph taken by D. Aja on 1/17/2012.

Please contact me if you have any questions or concerns regarding this inspection report.

___________________________ Phone: [phone]
Deborah Aja Asheville Regional Office
Environmental Senior Specialist 2090 US Hwy 70
Regional Representative Swannanoa, NC 28778
[e-mail]

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 6 of 6

DIN 15935
Sent on January 20, 2012 To:
Nathan Bennett , Yancey Co. Manager by:
X Email US Mail X Certified No. 7009 1680 0000 7514 8833
Sent on January 20, 2012 To:
Charles Vines, Mitchell Co. Manager by:

X X Certified No. 7009 1680 0000 7514 8826
Sent on January 20, 2012 To:
Registered Agent, Republic Services of NC, LLC by: X Certified No. 7009 1680 0000 7514 8840

ec: Mark Poindexter, Field Operations Branch Head
Jason Watkins, Western District Supervisor
Julie Ventaloro, Compliance Officer
Allen Gaither, Regional Permitting Engineer
Anthony Allen, Yancey Co. Solid Waste Director
Ray Hoffman, Republic Services of NC, LLC
Don Phelps, Republic Services of NC, LLC
Drew Isenhour, Republic Services of NC, LLC