N1083_INSP_20220323

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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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: March 23, 2022 Date of Last Inspection: December 7, 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
Emery Brinegar
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:
Corrective Actions in Progress - 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.

Inspection of the site on March 23, 2022 found no open flames on site. Some smoke was observed emanating near the
crest of the slope on the far southwest side of the site. No open fames were observed. Waste on top of the landfill had
been covered with soil. Exposed waste was observed at the toe of the slope. Mr. Brinegar stated he had placed soil on
the top of the landfill but had not been able to provide additional soil to the slope due to safety concerns. Mr. Brinegar
stated the landfill has continued to settle.

OBSERVED VIOLATIONS:
No new violations.

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 previously observed on site.
3. A cable attached to wooden fence posts had been installed across the entrance to the facility to prevent access to
the site. Mr. Brinegar had not yet been able to extend the cable along the full length of the site as of the date of
the inspection. Please continue efforts to extend the cable along the full access point to the site along Hudler
Town Road to prevent access to the site.
4. The waste area appeared to be less than two acres in size at the time of inspection.
5. During the inspection, Mr. Brinegar stated he planned to permanently close the facility. Therefore, as soon as
conditions are safe to access the site with heavy equipment, final closure procedures must commence in
accordance with 15A NCAC 13B .0567:

(1)(A) The disposal area must be covered with no less than one foot of soil cover sloped to direct the flow of
surface water from the landfill.

(1)(B) Soil cover must be stabilized with vegetative ground cover or other stabilizing material.

(2) The owner or operator of a site shall complete the closure activities within 120 days after beginning
the closure activities as specified in Subparagraph (1) of this Paragraph.

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

(3) Within 30 days of completion of the closure of the site, the owner or operator shall submit to the
Division a certification verifying that closure has been completed in accordance with this Rule.

6. Landfill slopes must be graded not to exceed a ratio of three horizontal to one vertical.
7. Two loads of fence posts including wire fencing had been brought to the site since the last inspection. This
material had been off-loaded adjacent to Hudler Town Road but had not yet been pushed over the slope for
disposal. This waste must be removed to a solid waste facility permitted by the Division.

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: 4/14/22 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2022.04.14 09:12:37 -04'00'