0303T_INSP_20230406

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined
MSWLF LCID YW Transfer X Compost SLAS COUNTY: Alleghany
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 0303T-TRANSFER-1994
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: April 6, 2023 Date of Last Inspection: January 27, 2023

FACILITY NAME AND ADDRESS:
Alleghany County Transfer Facility
419 Osbourne Road
Sparta, North Carolina 28675

GPS COORDINATES (decimal degrees): Lat.: 36.49343 Long.: -81.14980

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: David Spicer, Public Works Director
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 366
Sparta, North Carolina 28675

PARTICIPANTS:
Andy Harris, Facility Supervisor – Alleghany County
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit to Operate the Alleghany County Transfer Facility was issued to Alleghany County on October 11, 2019.
This permit was for the life-of-site of the facility.

PURPOSE OF SITE VISIT:
Partial Inspection

STATUS OF PAST NOTED VIOLATIONS:
UNRESOLVED VIOLATION - 15A North Carolina Administrative Code 13B .0405(a)(10) states in part:
“Windblown waste: Site staff shall conduct daily inspections for windblown waste on the site property. Windblown litter
from site operations discovered during the daily inspections or observed on adjacent properties shall be picked up and
containerized for disposal by the end of each operating day, unless the landowner of the adjacent property denies access
to site staff.”

During an inspection on January 27, 2023, a large amount of windblown waste was observed along the eastern
edge of the closed landfill. Severe windblown waste was also observed south of the transfer station building
along the wood line. The volume of windblown waste indicated it had accumulated over a period of multiple
days.

Allegany County was found in violation of 15A NCAC 13B .0405(a)(10) in that windblown waste was not
picked up and containerized for disposal by the end of each operating day.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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To achieve compliance, Alleghany County was required to pick up all windblown waste and containerize it for disposal
by the end of the operating day.

Inspection of the facility on April 6, 2023 found windblown waste along the eastern edge of the closed landfill. Although
not as severe previously observed, this inspection was performed upon opening of the facility. Therefore, all windblown
waste observed on site was generated prior to that day’s operation. Windblown waste was also observed at the toe of the
beneficial fill area near the trailer parking area and along the southern perimeter of the transfer station building.

4/6/23: View of windblown waste along eastern 4/6/23: View of windblown waste from previous day’s
perimeter of closed landfill. (photo by C. Gerstell) operation along windscreen south of building. (photo
by C. Gerstell)

As all windblown waste has not been collected and disposed at the conclusion of each operating day, compliance
with this violation is considered “in progress”. A follow-up inspection will be performed at a future date to confirm
compliance.

OBSERVED VIOLATIONS:
15A North Carolina Administrative Code 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee shall be considered by the Department to have accepted the conditions of the permit and shall comply with the
conditions of the permit.”

x General Permit Condition #6 states: “Construction and 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. Failure to comply may result in compliance action
or permit revocation.”
x The approved Operations Plan (Doc. ID No. 1357289) is included in the List of Documents for the Approved
Plan. Item #6A of approved Site and Operation Plan states: “In accordance with rule 15A NCAC 13B .0562,
the Facility receives beneficial fill material consisting of only inert debris strictly limited to clean concrete, brick,
concrete block, uncontaminated soil, rock, and gravel.”

During the inspection on April 6, 2023, multiple pieces of painted block were observed within the beneficial fill area just
south of the tire trailer. The 15A NCAC 13B .0562 rule referenced in item #6A of the approved operations plan was
readopted in 2021 creating a conflict with the approved operations plan. As noted in condition #6 above, when this occurs,
the rules take precedence. In this particular case, the definition of inert debris waste is now defined in 15A NCAC 13B
.0101(28) and “means inert debris that consists solely of asphalt, cured concrete, brick, concrete block, gravel, and rock.
Inert debris waste shall not contain chemical adhesives or sealants, or lead-based paint.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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4/6/23: View of painted block in beneficial fill area.

To achieve compliance, Alleghany County must remove all painted block from the beneficial fill area and properly dispose
of the material at the Transfer Station, or the painted material must be tested to demonstrate it can meet the requirements
for use as beneficial fill. In addition, the County should update this and any other Sections of the operations plan to address
any conflicts with the readopted rules codified in 15A NCAC 13B .0401-.0407 as noted in comment #14 below.

ADDITIONAL COMMENTS

1. The facility consists of a transfer facility, a used oil collection area, white goods collection area, tire collection area,
metal collection area, and a Small Type-1 Compost Facility.
2. The facility is permitted to receive municipal solid waste generated within areas consistent with the service area of
the receiving landfill. Waste must be transported for disposal to an appropriately permitted sanitary landfill.
3. A recycling center is located within a building adjacent to the transfer station.
4. A gate was provided at the entrance to the facility to prevent unauthorized access when the facility is closed to the
public. The gate was closed and locked upon arrival at the facility.
5. A new sign had been posted at the entrance to the facility which contained the appropriate information.
6. This was a partial inspection to evaluate Alleghany County’s efforts to comply with the Observed Violation
documented on the previous inspection report issued on February 7, 2023. Please refer to “Status of Past Noted
Violations” for comments.

Operations Inspection of the Transfer Station:

7. No waste was observed on the tipping floor upon arrival at the site.
8. No unacceptable waste streams were observed.
9. All waste was off-loaded on the tipping floor.
10. Multiple tires were observed adjacent to the entrance to the tipping floor. Mr. Harris stated the tires were removed
from the waste stream the previous day. Thank you for your efforts to remove unacceptable waste streams as they
are observed.

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

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Supporting Comments:

11. A 500-gallon above-ground storage tank is provided adjacent to the entrance to the transfer facility building for
collection of used oil. A fuel tank is located adjacent to the used oil tank.
x Both tanks are contained within a concrete, secondary containment device with no outlet.
x During the previous inspection, dark oil staining was observed at the fill location for the used oil tank.
Staining was observed along the access road leading west from the oil tank for a distance of approximately
40-feet. This condition was referred to Michael Phelps, Environmental Supervisor, Underground Storage
Tank Section at the Winston-Salem Regional Office.
x No staining was observed on the ground during the inspection on April 6, 2023
x Mr. Harris explained facility staff were working with the Underground Storage Tank Section to address
previous concerns.
12. During the previous inspection, a significant amount of recyclables including cardboard, paper, and plastic was
observed on the ground adjacent to the recycling building. This material was observed adjacent to the compactor
and under the truck with the 40-yard roll-off container.
x Inspection on April 6, 2023 found the subject area well managed.
13. Major construction activities to improve the condition of the transfer station building are planned to commence in
the near future. An Assessment Repair Request Response was issued by the Solid Waste Section on March 21,
2022.
x Facility improvements include extending the transfer station building 30-feet to the north, replacing the
tipping floor and adding new push walls, installing chutes at the tipping floor edge to direct waste into the
trailer and replacing the inoperable rollup doors.
x To facilitate the work, plans are to improve the loading dock to the south of the transfer station building for
the temporary management of solid waste. These improvements include replacing the concrete pad and
adding a leachate collection drain with a storage tank, the construction of block push walls along two sides
of the concrete pad and the installation of fencing to minimize windblown waste.
x The March 21, 2022 letter from the Solid Waste Section only authorized the improvements for the
loading dock necessary for the temporary management of solid waste given certain conditions
outlined in the letter. Repairs for the existing transfer station building will be authorized in the
future under separate cover.
14. Since the previous inspection, a 30-yard roll-off container had been provided adjacent to the tire trailer for disposal
of household trash. Mr. Harris explained customers are directed to dispose of waste in the container during periods
of heavy volume. At the time of inspection, waste was observed in the container from the previous day’s operation,
and standing water was also observed within the container.
x 15A North Carolina Administrative Code 13B .0104(d) states: “All solid waste shall be stored using safe
and sanitary practices for the preservation of the public health and welfare and the environment that
prevents the generation of leachate, the attraction of vectors, the release of odors, and the release of waste
or leachate to the environment.”
o Waste storage within the container observed during the inspection did not meet the requirements of
15A NCAC 13B .0104(d). Failure to cover waste within the container overnight or remove waste
upon conclusion of the working day, can result in the generation of leachate, attraction of vectors,
and can also result in the release of odors. Therefore, it is recommended that waste be removed
from the container for proper disposal at the conclusion of each working day or the container
be covered with a rain shedding device. In order to continue use of the container for such
purposes, the Operations Plan for the facility must be updated detailing the use of the
container to include how the requirements of 15A NCAC 13B .0104(d) shall be met.

15. Alleghany County has failed to submit the information requested in the February 25, 2022 letter as it relates
to a revised operations plan as well as a closure plan with closure cost estimates to include all information now
required by 15A NCAC 13B .0404, .0405 and .0406. The County was required to submit all of this information
within 90 days of receipt of the letter. Failure to submit this information is a violation of the terms of the
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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allowed transition period under Section .0401 and may result in forfeiture of the extended compliance
deadlines approved as part of the County’s transition plan. If you have any questions about the information
required to be submitted, please refer back to the February 25th letter or contact Allen Gaither at (828) 296-
4703 or by email at [e-mail].

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: 4/21/23 X Email Hand delivery US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Allen Gaither, Permitting Engineer – Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.04.21 08:26:01 -04'00'