10003_ROSCANS_1994

TOWN OF
SPRUCE PINE
P. 0. BOX ISO
SPRUCC, PiNe
NORTH CMOL114A "777
704-7EE,30W
FAX 704-M4141
MAYOR
PN2UP 0. ?Aye
MAYOR PRO TEM
OANNY R. BURLE80N
ALDERMEN
MX:NACL Y. THOMAS
R"AAO CMIPE
TOWN MANAGER
JOE C. McIONNEY
DIRECTOR OF
PU WC WORKS
FMNN M. KNUNE
CHIEF OF POLICE
COY O. NOLURE.O
DIRECTOR OF
PARKS 6 RECREATION
TERRI,WVNER-8COTT
January 24, 1994
Mr. Mike Robinson
Mitchell County Manager
P.O. Sox 409
gakeravills,. NC 28705
Dear Mr. Robinson:
please accept this letter as verification that the
Spruce pine wastewater 'treatment Plant Will accept the
waste water produced at the new Mitchell -Yancey Solid Waste
Transfer Station. A set fee has not been established as
chowever
vpur industrial wastewater usecomparable. Acopy othose of
charged tothis
rate schedule is enclosed for your review. .
zn addition, the Town of Spruce Pine has considered
the possibility Of accepting leachate into our wastewater
plant should the two counties decide to construct a
Subtitle D Landfill., Currently, we are considering a
possible upgrade to difications P needed d d n would be
plant
to consider any
specifications to handle the leachate.
.Please note that both of these acceptance methods are
subject to approval from the North Carolina Department of
Environment, Health, and Natural Resources. Should their
moffie orecthenrwill willow us to ling work withake youbonhthistes, we will be
matter,
If you have any questions regarding this matter, or
any other, please feel free to contact me at any time.
sincerely,
tpc. Mexinn®y
Town Manager
Il,une of .SJrrur,' Pine ,M1fineral and Gen? Fcslival

IkAL I H VISTRIC l
AYERY - MlYCHEtL - YANCEY COUNTIES
PLEASE REPLY TO
HEADQUARTERS "—
SPRUCE PINE, N.c. UCe 1'inel NC 28777
Ann Fabes M.S.N., F.N.P.C.
DvWw
T0: Earl Tipton
County Manager
Courthouse
Burnsville, NC 28714
FROM: Tommy Singleton,
Environmental Health Supervisor 5
Toe River Health Diprict,
PO Box 98
Spruce Pine, NC 28777
DATE: February 23, 1994
I This letter is in reference to Yancey field
garbage transfer station located on Hwy. M80cNorth hell latdBooneford.
A site evaluation of this property was made on February
17, 1994 to determine the suitability for a ground absorption
sewage disposal system.
- Upon field examination of site and soil characteristics,
it is the determination of this department that this site
is unsuitable for an approved sewage disposal system due
to topography and land position, and the excavation and
removal of soil from this site.
.1940 and .1943 of the laws and rules for sewage treatment
and disposal system of North Carolina can not be met.
According to Title 10 Chapter l0A Section .1965, our decision
is not the final word and you do have the right to an appeal
in accordance with G.S. 150E and 10 NCAC 1B.
If this office can be of any further assistance to you,
please feel free to call at [phone], Ext. #16.
1
r�
OTHER OFFI(
8aktr,rltl', N
Svrntvlll', N.
NOwIOnd, N.

M I TCHELL COLIhdT`i' FH <; 7 04-638— 6C.0
PAGE 01
COVER SHEET
Mitchell County Administration Office
P.O. Box 409
Bakersville, NC 28705
TELEPHONE [phone]
FAX [phone]
TO:
fell
FROM:
RE:
& 1 Jr
DATE: a - -2 5'-- q
# OF PAGES: -- _. / I (including cover)
AMOUNT DUE: — o —
IF FAX IS ILLEGIBLE, PLEASE CONTACT NUMBER ABOVE.

M I TC:HELL COUNTY Fa;; 04-r,SG-,-3EG6 PAGE 02
WASTE PLACEMENT AT PALMETTO LANDFILL & RECYCLING .CENTER
Palmetto Landfill & Recycling Center is designed and operated as an area fill with a portion of
the site underlaid with a double geomembrane liner system. The liner system was added where
possible (ie - in areas not already covered with waste) to enhance environmental protection
provided by the site.
In an area fill, solid waste is placed in successive lifts or layers with a planned progression
vertically and horizontally. Actual waste placement is on a slope that uses approximately four
feet horizontally for each foot of elevation gained. Placing solid waste in this manner is
necessary for proper compaction and handling of the waste. Due to the presence and necessity
of these waste placement slopes, not all areas currently receiving waste are vertically over the
liner system. When a new section of liner is used, waste is also placed over the slopes which
are not necessarily over the liner system. All areas in which waste is placed are fully
permitted and in compliance with Subtitle D Regulations. Selected wastes with high moisture
contents such as sludges are placed only over the liner system.
The above, combined with groundwater monitoring, final cover systems, intermediate cover
systems, operational practices to minimize moisture infiltration, long remaining site life and the
indemnity provided by Waste Management of south Carolina result in actuality solution for
disposal of Solid Waste.

M I TC:HELL COUNTY FAX [phone] PAGE 0-311
TRANSFER STATION AND DISPOSAL AGREEMENT
This Agreement is made as of this day Of ' 19ff, by and between
the Counties of Yancey and Mitchell, both being bodies politic and corporate under the General
Statutes of the State of .North Carolina (hereinafter referred to as the "Counties") and Waste
Management of Carolinas, Inc:,, a North Carolina Corporation d/b/a Waste Manjgenr ent o�
Asheville, (hereinafter referred to as "Contractor") with a place of business at 44 Pond Road,
Asheville, N.C.
WHEREAS, the Counties currently collect all solid waste generated by the residential
units within the Counties;
WHEREAS, Contractor is in the business of solid waste transportation and disposal;
WHEREAS, the Counties desire to ensure the availability of a transfer station and
disposal,
WHEREAS, the Counties agree to transport, deliver and deposit all residential solid
waste to the Counties' Transfer Station for handling and ultimate disposal by Contractor at a
duly permitted sanitary landfill which meets or exceeds all current rules, regulations and
stipulations as prescribed by Subtitle D. Said landfill is owned and operated by the Contractor
(as those terms are hereinafter defined);
WHEREAS, the governing authority of the Counties has the power to negotiate and enter
into service contracts for the disposal of such solid waste; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants
herein contained, the parties have. agreed as follows;

M I TC:HELL COUNTY FAX [phone] PAGE 04
DEl~I ITI
SanitarVn fill. As used herein, the term "Sanitary Landfill" nlean% the Palmetto
Land
fill in Spartanburg County, South Carolina, or ally other alternate, duly permitted Sanitary
Landfill owned and operated by the Contractor. such landfill will meet or exceed current laws
and regulations applicable to landfills in the State where such landfill is located.
Tra fer S ation. As used herein, the term "'Transfer Station" shall mead the facility
located at the Yancey/Mitchell County Landfill located in the $ooneford Community, off State
I3wy gp forth, on SR #1440.
Iy u,jpi 1 olid a • e. As used herein, the terra "Municipal Solid Waste" shall mean
all of the non -hazardous (as defined by CERCLA, 42 tJ.S.C:. Sections 9601 , and other
a plicable laws) and non -special (as defined in the Special Waste Rider hereto) solid waste
P
material currently collected by the Counties of Yancey & Mitchell, including all municipal solid
waste, prescribed under existing Solid. Waste permit tjo0 0l; but excluding yard waste,
be of the
discarded appliances and white goods, and further provided that. such materials must.
t e and consistency to be lawfully accepted at the Yancey/Mitchell County present Landfill as
yP
defined under Permit #10 - 11, under the applicable federal, state and local laws, regulations and
permits governing each.
The counties reserve the right to remove recyclable products,
construction and demolition
materials, land clearing, inert debris, and white goods from the existing waste stream-
'UU 'CI ;S, OBLI.7ATI N
It is hereby and specifically agreed that the Counties shall be responsible for construction
of the required Transfer Station to their specification and satisfaction.

M I TC.HELL COUNTY FAX [phone] PALE 05
1
The Counties agree that disposal of all Municipal Solid Waste that it collects or contracts
to have collected at the Transfer Station shall be performed by the Contractor.
During the term of this Agreement, the Counties will continue the current practice of
collecting Municipal Solid Waste. In the event the Counties have, during the term hereof, or
desire to enter into and maintain contracts with a private waste collection service for the
collection of Municipal Solid Waste or any portion thereof, the Counties shall require such
collection service(s) to deliver all such waste to the 'T`ransfer Station.
RECYCLIN-Q
Upon the mutual agreement of the parties that a recycling operation at the Transfer
Station is economically feasible, the County may include a recycling operation at the Transfer
Station. The Counties expressly reserve the right to maintain and operate a recycling program
separate and apart from the Transfer Station and the obligations of this Agreement.
SCOPE E OJE SERVICE
CC RACT R OBL.IGATION
Contractor shall be responsible to provide all necessary equipment and personnel to load,
transport and dispose of all daily Municipal Solid Waste as described herein.
The Contractor shall be responsible for the maintenance, ordinary wear and tear
excepted, of the Transfer Station, and include as a minimal the daily removal of all Solid Waste
from the floor and the sanitization of same as required by applicable state and federal
regulations.
The: Contractor shall maintain the Transfer Station open for performance of this
Agreement between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, and
Saturdays between the hours of 8:00 a.m. and 12:00 noon. In the event of emergency conditions
3

M I TCHELL COUHT'Y FAX [phone] PAGE Grp
declared by the Counties Landfill Manager, the Contractor will keep the Transfer Station open
for receipt of unusual amounts of Municipal Solid Waste generated or created by such
emergency conditions and will also coordinate temporary stoppage of operations by reason of
inclement weather through consultation with the manager.
The following holidays may be observed by the Contractor on which dates the Transfer
Station may, in the discretion of the Contractor, be closed: New Year's Day, Thanksgiving Day
and Christmas Day, or any other days as may be determined by the Counties.
COUNTIQ OBLiGATIQN
Counties shall provide and operate a scale at the Transfer Station for use in weighing
municipal Solid Waste delivered to the Transfer Station pursuant to the terms of this Agreement.
Contractor may at its cost and expense and on a monthly basis during normal business hours,
inspect the scale and test the accuracy of same. The scales shall serve as the basis of all
invoices from the Contractor to the Counties. Counties agree to maintain the accuracy of the
scales in compliance with the N.C. Dept. of Agriculture: requirements.
COMPENSATION TQ CONTRACTOR
The Service Fee due to Contractor from Counties for Contractor's receipt and handling
of Municipal Solid Waste, the operation of the Transfer Station, and the transportation and
disposal of such waste at the Contractor's Sanitary Landfill pursuant to this Agreement shall be
as follows:
During the; first FIVE calendar years of operations at the Transfer Station, the Service
Fee shall be $36.95 per ton of Municipal Solid Waste transferrer) from the Transfer Station
which includes the cost of disposal at the Contractor's Sanitary Landfill. Thereafter, on the first
4

MIT[_HELL COUHTY FAX [phone]
1
PAGE 07
day of each subsequent 5 year period during; the term hereof, 1he $36.95 fe--g per to►1 shall be
increased or decreased for the succeeding 5 year period by an average of the changes in the
Consumer Price Index ("CPI", all items, as published by the U.S. Department of Labor) over
the immediate preceding 5 year period; but in no event shall the fee change by more than 5 %
for any 5 year renewal period.
During the initial term, Counties may, at their option, and upon six months advance
written notice to contractor, elect to deliver the waste to the Contractor's Transfer Station in
Asheville, in which event the compensation shall be $28.00 per ton and any renewal past the
expiration of the .initial term shall be upon such terms as mutually agreed; provided that counties
may, upon six months written notice to Contractor prior to expiration of the initial term, restore
removal of waste from their transfer station by contractor under the same terms, including
renewal of terms, prices, and conditions as provided in this Agreement.
Contractor shall invoice the Counties monthly for the Service Fee, and payment thereon
shall be due within ten (10) working bays after receipt of invoice; payment is effective when
received by Contractor or when deposited in the United States snail addressed to Contractor.
TERM OF CONTRACT
The initial term of this Agreement shall be Five. (5) years (effective on or before the first
day of April, 1994. The term of this Agreement shall extend for 3 successive Five (5) year
terms or until either party elects to cancel this Agreement by written notice to the other party
at least 1 year prior to the end of the then current term.
NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex, age, creM,
5

M I TCHELL COUNTY FAX [phone] PAGE 08
I
color, religion or natural origin,
REP I'ESIJNT TIONS AND WARRANrIE,S OF OLINTIES
The Counties warrant. that they will undertake reasonable efforts to exclude regulated
hazardous wastes and special waste, as each is defined in "Exhibit. A" from the Municipal Solid
Waste delivered to the Transfer Station. To the knowledge of the Counties, said waste will not
contain either hazardous or special waste. The Counties warrant that they shall exercise their
best effort to maintain the collection and transportation of Municipal Solid 'Waste to the Transfer
Station in compliance with the terms hereof and in compliance with applicable federal, state and
local laws and regulations throughout the term of this Agreement.
IRANCE
Contractor shall provide and maintain during; active operations hereunder, Workman's
Compensation Insurance which shall meet the requirements of the state where the facility is
located.
The Contractor shall provide and maintain during active operations hereunder Public
Liability Insurance, to protect against all claims arising out of the Contractor's negligent or
willful acts or omissions in the course of its operations that result in bodily injury, death or
property damage suffered on or about the facility.
The Contractor shall upon the full execution of this Agreement and thereafter upon
request, furnish Counties evidence that the insurance relative to its said acts or omissions is in
force, provided however, any certificate of insurance shall in no way alter or amend such
insurance coverage to increase the level or extent expressly set forth herein.
The limits of liability of all insurance required herein not expressly set forth herein above
L

M I TCHELL COUNTY FAX ?04-688-366
PAGE 0
shall be as set forth in "Exhibit B" which is attached hereto and made a part hereof.
INDEM ITY
Contractor undertakes and agrees to indemnify, hold and save harmless, Counties from
any and all liability, lass or damage they may suffer as a result of claims, demands, costs, fines,
or judgments against Counties, or either of them, arising from Contractor's negligence, willful
misconduct, or violation of any applicable Statute or Regulation, in performing the services with
respect to the disposal of the solid waste and matters incidental thereto, from and after the time
it is removed from the Transfer Station. This indemnity includes protection against. any claims
or actions filed against Counties in respect of the subject of the indemnity herein, whether such
claim be rightfully or wrongfully brought or filed, and against all costs incurred by Counties
therein. In the event an action or administrative fine or proceeding should be filed with respect
to the subject of the indemnity herein, Contractor agrets to defend same at its expense.
DEFA LT
Except as otherwise provided, upon any default by either party in the performance of any
of the warranties, covenants, or conditions of this Agreement which default is not cured within
30 clays, or such additional time as provided by agreement of the terms of this paragraph,
following written notice of default from the nonoffending party, the nonoffending party may,
at its option, and without prejudice as to any other remedy, (i) terminate this Agreement as of
any date at least. thirty (30) days after the last permitted date for cure; (11) cure the default at
the expense of the defaulting party; and (iii) have recourse to any other right or remedy to which
it may be entitled by law or equity, including, but not limited to, recover for all damage or loss
suffered by reason of the default and any resulting termination. Any waiver of a default by
7

M I TC:HELL C;OUHTY FAX [phone],666 PAGE 10
either party shall not be construed as a continuing waiver of the same or any subsequent default.
Any default that cannot be cured by due diligence of the offending party within 30 days
following notice of same may be cured within such additional period of time as is reasonably
necessary to effect or complete such cure if the default was occasioned by factors that could not
be reasonably expected or foreseen and was not be reason of an intentional act or omission of
the offending, party or for purposes of delay.
SHQRT T_ RAN ER—F_QLMA E D MA
Contractor's delay or nonperformance of its agreement to dispose of waste under the
terms of this agreement shall entitle Counties, at their option and without prejudice as to any
other remedy, to assess $250 per working day against the Contractor for each day such delay
or nonperformance exists (not to exceed a total of ten days), which amount or amounts shall be
considered as liquidated damages for each delay or nonperformance of Contractor's agreement
to dispose of solid waste under this Agreement for any period of delay or nonperformance not
exceeding ten days in duration.
During the entire term of this Agreement, the Contractor shall furnish to Counties a
corporate surety bond as security for the performance of its covenants and conditions contained
in this Agreement. The said surety bond shall be in the amount of Three hundrcA Ahirlyfive
thousand dollus t 335. ). Premiums for the said bond shall be paid by the contractor and
evidence of the payment of said premiums shall be furnished, from time to time, by the
Contractor to Counties upon request.
The surety on the bond shall be a duly authorized corporate surety company authorized
to do business in the state where the Transfer Station and Sani Landes (if applicable) is
located and the attorneys in fact who sign the said surety bond must file with the bond a certified

M I TCHELL COUNTY FAX 704-638-�3666 PAGE 11
I
and effectively dated copy of their Power of Attorney.
GENERAL PR VISIONS
Neither party shall assign or transfer, or permit the assignment or transfer of, this
Agreement or the rights hereunder without the prior written consent of the. other party.
in the event of an approved assignment or transfer, the assignee shall assume the liability
of the Contractor, but such assumption of liability shall not relieve the Contractor of liability
under this Agreement.
This agreement constitutes the entire agreement and understanding between the parties
hereto, and it shall not be considered modified, altered, changed or amended in any respect
unless in writing and signed by the parties hereto.
This is an Agreement for the performance of specific services described herein. Under
no circumstances or conditions shall the operation of the Transfer Station or the Sanitary J andfill
by the Contractor in accordance with this Agreement be deemed a Uublic function, nor has
Counties acquired an interest, ownership or otherwise in the real or personal property or
improvements or fixtures at the Contractor's Sanitary Landfill by virtue of this Agreement.
From and after the day of this Agreement the Contractor's performance hereunder may
be suspended and its obligations hereunder excused in the event and during the period that such
performance is prevented by a cause or causes beyond the reasonable control of the Contractor.
Such causes may include, by way of example and not limitations, acts of God, acts of war, riot,
fire, explosion, accident, flood or sabotage; judicial administrative or governmental laws,
regulations, rules, orders or actions; injunctions or restraining orders, or national defense
requirements.
7

fIITCHELL COUNTY FAX [phone] PAGE 1
I
Jf any term, clause or provision of this Agreement, or the application thereof to any
person or circumstances shall, to any extent, be illegal, invalid or unenforceable under present
or future laws effective during the term hereof, then it is the intention of the parties hereto that
the remainder of this Agreement, or application of such term, clause or provision to persons or
circumstances other than those to which it is held illegal, invalid or unenforceable, shall not be
affected thereby, and it is also the intention of the parties hereto that in lieu of each term, clause
or provision that is illegal, invalid or unenforceable, there be added by a Court a competent
jurisdiction or otherwise as a part of this Agreement a term, clause or provision as similar it,
terms to such illegal, invalid or unenforceable term, clause or provision as may be possible to
effect the expressed intent of the parties and be legal, valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of the
State of North Carolina.
The covenants, terms, conditions and provisions of this Agreement shall extend to and
be binding upon successors and assigns of the respective parties.
ALL notices or other communications to be given hereunder shall be in writing and shall
be deemed given when mailed by registered or certified United States mail, addressed to
Counties, Mitchell County Manager, Courthouse Annex, Bakersville, N.C. 28705, with a copy
to Yancey County Manager, Room 11, Courthouse, Burnsville, N.C. 28714, or addressed to the
Contractor, Attention: Barry W. Carlisle, 24 Pond Road, Asheville, N.C. 28806, with a copy
to Regional General Counsel, Waste Management. Inc., 2600 Delk Road, Suite 200, Marietta,
GA 30067. Change of address by either party shall be by notice given to the other in the same
manner as above specified.
10

M I TCHELL COUNT( FAX 704-63-3Ci66
1
PALE 17.
IN WITNESS WHEREOF, the parties hereto cause their presence to be signed and
sealed this day of _ , 19 written by their respective officers
pursuant to authorizations contained in duly adopted resolutions or ordinances, as the case may
he.
Counties Of Yancey and M
Yancey County:
Attu Y .
Chairman of Board of Commissioners
Mitchell
Attest; By:
Chairman
Waste
Attest: By:_
Title:
nty:
of Commissioners
of Carolinas, Inc.
11

M I TCHELL COUhdT`r' FAX 704-683— 666 PAGE 01
1� ff
B Special Wastes as defined below.
1. -,Special Waste" means Type A or Type.ste�� � commercial yr industrial activity
""hype A Special 'Waste means pny ,
meeting any of the following descriptions;
a ds'um, portable tank, lugger bpx, roll-OfflKsx, bail,
a A containerized waste (e.g., below;
tanker, etc.) listed in b - g
h, Ak waste containing free liquids;
C, A sludge waste;
d. A hazardous or chemically unstable waste From an industrial process;
e A waste from a. p41100n Control process;
f. Residut and debris from the cleanup of a W and
chemical substance or
I
- o
commermal product or a waste listed in g
g, Contaminated tesiduals, or.articles from the cleanup of a facility generating,
storing, treating, recycling, or disposing of wastes listed in a - f.
3, 'Incidental Amounts of Special Waste
iRl
The Contractor recognizes that many customers will produ e some %Type v is do snot
Waste," as defined below. incidental quantities 1'YPe rm A-0089B) to t�
prop
require a Generator's Type,13 Special Waszl, Sheust id ( fy the ar'd amount Qf
signed by the Customer. However, the Cu toimer
Type B Special Wastes which will be provided to the /Contractor in incidental amounts.
A. "Type Spcal Waste" mans any waste from A commercial or industrial activity
mecGng the descriptions which hallow;
a. Friable RSbestos waste from building demolit,iOn or cleaning; wa specxatall w2�ste
wall
spray coverings, pipe insulation, etc. Non friable asbestos is no
unless it has been processed) handles or used
d h a way that rocess waste is at�T fibers
A
may be freely released. Asbestos -bearing Industrial P
Special Waste",
12

M I TCHELL COUNTY FAX [phone] PAGE 02
1
b. Commercial products or chemicals which Are off -specification., outdated,
unused or banned. Out. -dated or off -specification, uncontaminated food or
beverage products in original consumer containers are not included in this
category, however, containers which once held commercial products or chemicals
are included unless the container is empty. A container is empty when:
All wastes have been removed that can be removed using the practices
commonly employed to remove materials from the type of container, e.g,,
pouring, pumping or aspirating, and an end has been removed (for containers in
excess of 25 gallons), and no more than 1 inch (2.54 centimeter) of residue
remains on the bottom of the container or inner liner, or no more than 3 % by
weight of the total capacity of the container remains in the container (containers
110 gallons), or no more than 0.3% by Weight of the total capacity of the
container remains in the container (containers > 110 gallons). Containers which
once held ACUTELY HAZARDOUS WASTVS must be triple rinsed with an
appropriate solvent or cleaned by an equivalent method. Containers which once
held substances regulated under the Federal Insecticide, Fungicide, and
Rodenticide Act must be empty according to label instruction or triple rinsed.
c. Untreated bio-medical waste - Any waste capable of inducing infection due
to contamination with infectious agents from a bio-medical source including
but not limited to a medical practitioner, hospital, medical clinics, nursing
home, university medical laboratory, mortuary, taxidermist, veterinarian,
veterinary hospital or animal testing laboratory. Sharps from these sources
must be rendered harmless or placed in needle puncture proof containers.
Residue from incineration of infectious wastes is a "Type A Special Waste."
d. Treated bio-medical wastes - Any wastes from a bio-medical source including
but not limited to a hospital, medical clinic, nursing homy:, medical
practitioner, mortuary, taxidermist, veterinarian hospital, animal testing
laboratory, or university medical laboratory which has been autoclave or
otherwise heat treated or sterilized so that it is no longer capable of inducing
infection. Any sharps from these sources must be rendered harmless or placers
in needle puncture proof containers.
e. Liquids and sludges from septic tanks, food service grease traps, or washwater
and waste waters from commercial laundries, Laundromats and car washes unless
these wastes are managed at commercial or public treatment works.
13

M I TCHELL COUNTY FAX [phone]t666 PAGE 073
l
#, Cheinieal-containing equipment removed from service. Examples: filters,
cathode ray tubes, lab equipment, acetylene tanks, fluorescent light tubes, etc.
g. Waste produced from the demolition or dismantling of industrial proem
equipment or facilities contaminated with chemicals from the industrial
process. Chemicals or wastes removed or drained from such equipment or
facility are "Type A Special Wastes."
[NOTE: "HAZARDOUS WASTE" shall mean solid wastes defined as
hazardous under the Resource Conservation And Recovery Act, 42 U.S.C.
ss2601 et seq., regulations promulgated thereunder or applicable state law
concerning the regulation of hazardous or toxic waste]
14

M
M I TC:HELL COUNTY FAX [phone] PAGE 01
EXHY$ T "B" _
INSURANCE COVFRAGE RIDER
Workmen's Compensation
Employer's Liability
Bodily Injury Liability
except Automobile
Property Damage Liability
except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Excess Umbrella Liability
Limits of Li ili y_
Statutory
$500,000
$2,000,000 each occurrence
$2,000,000 aggregate
$2,000,000 each occurrence
$2,000,000 aggregate
$2,000,000 each person
$2,000,000
$2,000,000 each occurrence
$5,000,000 each occurrence
15

f'IITi_HELL i_OUNT`i'' FAX 704-68'8-766
PAGE R2
EXH 161T C
GENERATOR'S WASTE PROFILE SHEET Waste Profile Sheet code
PLEASE PRINT IN INK OR TYPE =WMNA 09�.�--��
s form is to be used to comply with the requirements of a waste agreement.
yTRUCTIONS FOR COMPLFTING THIS FORM ARE, ATTACHED Decision Expiration Date:
sited Areas For Contrectaf U6& Only) Service Agr, Renewal Date:
tltractor Sales Rep :
WASTE GFNERATOR INFORMATION
SiG Cody::
Generator Name:
Facility Address (site of waste generation):
5, Zip/Postal Code:
Generator City, State/Province:
7, State/Provincr: ID #: _—
Generator USEPA/Federal ID #:
g. Phone:
Technical Contact:
WASTE FAM INFORMATION (Sec Instructions)
STR
Name of Waste:
process Generating Waste:
4 Type A ❑ Type B ❑
Annual Amount/Units: ions/Supplemental Information:
Spacial Handling instruct
i. Incidental Waste Types and Amounts:
C— TRANSPORTATION INFORMATION ❑ Bulk Solid Q Drum/Box p Other
1. Method of Shipment: C3 Bulk Liquid a Bulk Sludge
2. Supplemental Shipping Information:
3. is thisDOT hazardous material? ❑ No ❑ Yes (If ye6s, completeName:
te 6)
4. Hazard Class/ID #:
5. Reportable Quanta /Units Iblk ,
D. TECHNICAL MANAGRR DECISION {Check One) 0 APPROVED ❑DISAPPROVED
if Disapproved, Explain:
if Approved, Continue.
1- Management Method(s)
2, Precautions, Conditions, ar
limitations on Approval:
3. For Type A Wastes, laboratory Analysis of a Representative Sample Was
It waived, explain why:
4, List Non-WMI Facility that is Approved to Manage this Waste' —
Name (Print):
Tech. Mgr. Z:5l9111wc,
E. MANAGEMENT FACILITY INFORMATION / DECISION
1. Proposed Management Facility:
2. Proposed intermediate Transfer Facility:
4. Management Facility Gen. Mgr. Decision (Check One) Q APPROVED
if Disapproved, Explain:
If Approved, List
Precaufions, Conditions, or y
C] Waived
Check if additional information is attached
Q Attached
3. Transporter:
[] DISAPPROVED
Date:
Date:
n�ica,

f'1I T[ HELL :_01_lHT`1' FAX 7f 1 4-f=38-�566
PA13E 03
. r
1.� GENERATOR'S WASTE PROFILE SHEET 6, l,Hi f�r C
PLEASE PRINT IN INK OR TYPE,
PHYSICAL CHARACTERISTICS OF WASTE (See Instructions)
Color
2. Cxaes the waste have
3. Physical State 70" F/21 "C:F4.yers
5. Specifir.. Gravity
6. Frr e Liquids:
❑ No
a strong incidental odor?
❑ Solid ❑ Setni-Solid
lti-layered❑Yes
volume:describe:
Ej No ❑ Yes, if so,
❑ Liquid Q Powder
layered
Range
%
© Other: �—ngle
Phased
_
pH: ❑ {2 El 2-4 ❑ 4-7
❑ 7 ❑ 7 10 ❑ 10
-_1?_.5 L� _12.5
El Range
[3 NA
Flash Point: ❑ None ❑ <1400F/GO°C
❑ 140 - 199"F/60
- 93°C ❑ ,3200°F/93°C
❑ Closed Cu ❑ o en Cu
CHEMICAL COMPOSITION
RANGE (MIN -MAX)
'
2. Does the waste contain any of the following?
%
(provide concentration if known):
%
NO
or LESS THAN
or ACTUAL
%
PCt3s ❑
❑ i 50 pprn
ppm
%
Cyanides ❑
❑ r 30 ppm
ppm
�T%
Sulfides d
❑ < 500 ppm
_ — plum
o�Q
Total: `%
I-e a note: Unless analytical results are attached, the chernical composition identification should include, at a minimum, Arsenic, Barium,
Cadmium, Chromium, Lead, Mercury, Selenium, Silver, Pesticides, Herbicides, and any other TCLP constituents that may be
present in the waste. The total composition must be greater than or equal to 100%,. (.0001 % = 1 ppm or 1 mg/1)
Indicate method used todetermine composition (if provided): ❑ TCLP Total ❑ other:
i. SAMPLING SOURCE (e.g_, Drum, Lagoon, Pit, Pond, Tank, Vat)
REPRESENTATIVE SAMPLE CERTIFICATION
Print Sampler's Nance: 2. Sample pate:
3. Sampler's Title:
1. Sampler's Employer (if other than Generator):
The sampler's signature certifies that any sample submitted is representative of the waste described above pursuant to 40 CFR 261.20(c) or
equivalent rules.
5, Sampler's Signature
J. GENERATOR CERTIFICATION
By signing this profile sheet, the Generator certifies:
1. This waste is not a "Hazardous Waste" as defined by USEPA or Canadian Federal regulation and/or the state/province.
2, This waste does not contain regulated radioactive materials or reguiated concentrations of PCf3's (Polychlorinated Biphenyls).
3, The unshaded portions of this sheet and the attachments contain true and accurate descriptions of the waste material. Ali relevant informa-
tion regarding known or suspected hazards in the possession of the Generator has been disclosed.
4. The Generator has read and understands the Contractor's Definition of Special Waste included in Part B.S. of the attached instructions farm.
All types and amounts of special wastes provided in incidental amounts have been identified in section B.6, of this form.
5. The anaiyticai data presented herein or attached hereto were derived from testing a representative sample taken in accordance with
40 CFR 261,20(c) or equivalent rules.
all notify the Contractor prior to providing the waste to the Contractor.
6. If any changes occur in the character of the waste, the Generator sh
A Tifl.

County Manager
Earl Nelson Tipton
[phone]
ESTABLISHED 1833
VMnCPV 'U'lonn#V
Office of Tonn#U Manager
Room 11, Courthouse • Burnsville, North Carolina 28714
March 6, 1994
Mr. Mike Parker
Division of Emergency Management
59 Woodfin Place
Asheville, NC 28802
Dear Mr. Parker:
Board of Commissioners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Member
[phone]
The counties of Yancey and Mitchell plan to operate a solid waste
transfer station at the joint landfill site located in Yancey
County.
We are constructing a temporary transfer station which has been
permitted for a six month period of time, scheduled for operations
to begin either April 9th or llth of this year. We are in the
process of planning and permitting a more permanent site in the
same vicinity. Waste Management of Asheville has been contracted
for hauling services from both the temporary and the permanent
transfer station.
In accordance with our phone conversation, I am requesting a pump
and haul permit for the wastewater (grey water from washing floor)
that may be produced at our transfer station. At this time, exact
volumes and frequencies are unknown, but we believe it to be a very
minimal amount.
As you requested, I have obtained acceptance letters from both the
town of Burnsville, and the town of Spruce Pine. I have also
obtained a determination from the Toe River Health District
concerning the unsuitability of our site for sewage disposal. I am
enclosing copies of the above mentioned correspondence for your
files.
Mount A1in'he// - N„rth 4 YnrA ;bphvV point in L'n.rr,"ft A'n'�Fwo

Parker
Page Two
Thank you for your consideration of this matter, and a prompt
response would greatly assist the two counties in our attempt to
meet required time -tables.
Sincerely,
Earl N. Tipton
County Manager
ENT:bl
Enclosures (3)
CC: Mitchell County Manager
Al Hetzell, Waste Management Specialist

I -
County Manager
Earl Nelson Tipton
[phone]}�
ESTABLISHED 1033
junteg Toun#g
Offtte of Toun#U fitanaper
Room 11, Courthouse . Burnsville, North Carolina 28714
March 7, 1994
Janis D. McHargue
Western Area Engineer
NC Solid Waste Section
8025 North Point Boulevard, Suite 100
Winston-Salem, NC 27106-3203
Dear Ms. McHargue:
Board of Commissioners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Member
[phone]
On January 5th of this year, your office granted a six-month permit
for the construction and operation of a temporary transfer facility
at the joint Mitchell/Yancey landfill.
Our temporary facility is now under construction with a scheduled
completion date set for March 24th, 1994. It is important to note
however, that allowances must be considered for sufficient concrete
curing time. With this in mind, we anticipate final completion
date and first day of operations to be April 9, 1994. Our hauling
contract with Waste Management of Asheville also becomes effective
following this date.
In the near future, the two counties will be submitting a request
for a permit to operate a more permanent facility, which will
address the handling of the wastewater ("grey water"), as well as
other concerns. At this time, we have applied for a pump and haul
permit which identifies the town of Burnsville and/or the town of
Spruce Pine as our source for wastewater disposal.
Please consider this letter as our official notification of our
scheduled April 9th completion date. As always, we will continue
to be in consultation with Mr. Al Hetzell prior to actual waste
transfer.
We appreciate your assistance in granting the temporary permit, and
look forward to working closely with you as we move into the
permitting process for the more permanent facility.
Mount Afitchvll - North Carolinas first State Park . Highest point in F,a.stern America

McHargue
Page Two
If I can be of any further assistance, please let me know.
Sincerely,
Earl N. Tipton
County Manager
ENT:bl
CC: Mitchell Co. Manager
Al Hetzell

NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
Division of Solid Waste Management
Solid Waste Section
SOLID WASTE MANAGEMENT FACILITY EVALUATION REPORT
-}� A
Type of Facility Permi t i` "`'r IJ 4iL; County
d 0
Name of Facility Location
Date of Last Evaluation
I. Permit conditions Followed Yes No N/A
A. Specific Condition(s) Viol
II. Operational Requirements Followed Yes No
15A N.C. Admin. Code 13B Section
A. Specific Violations) by number and Letter.
III. Other Violations of Rule or Law
IV. Evaluator's Coffnents /:;,.,=.,.1`:. �` �. c�r2�.tQ %tt_� 114
� � d
V. Continuation Page Required? Yes
_% No Receiving Signature , !l
Evaluation Date 1� ! /�Wf/
Solid Waste Section
DEHNR 3793 (Part I White:' Facility Part II Canary: Central Office Part III Pink: Regional Office)
Solid Waste Section (Review 7/%)