0501_NOD_20230707

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699



July 7, 2023

CERTIFIED MAIL 7018 3090 0001 2318 9387
RETURN RECEIPT REQUESTED

Mr. Scott Hurley, Director
Ashe County Department of Environmental Services
Post Office Box 1327
West Jefferson, North Carolina 28694

SUBJECT: NNotice of Deficiency
Compliance Inspection Report
Ashe County Municipal Solid Waste Landfill
0501-MSWLF-1993
Ashe County

Dear Mr. Hurley

On June 27, 2023, Charles Gerstell, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for compliance
with North Carolina solid waste statutes and rules. Michael Rutherford, Landfill Supervisor was present
and represented Ashe County Municipal Solid Waste Landfill during this inspection. The following
violations were noted:

A. 15A North Carolina Administrative Code 13B .1626(2)(b) states: “Except as provided in Sub-
Item (c) of this Item, the owners or operators of all MSWLF units shall cover disposed solid
waste with six inches of earthen material at the end of each operating day, or at more frequent
intervals if necessary to prevent the escape of waste and the attraction of vectors and
scavenging, and to minimize fires and the generation of odors.”

During the inspection, insufficient cover was observed in the active portion of the landfill
leaving waste exposed. The inspection was performed upon initial opening of the facility, prior
to any waste being received. Posi-Shell had been applied to the previous day’s working face
but was too thin in many areas leaving waste exposed. Soil had been placed over the inactive
area just east of the working face, but some waste was left exposed. Waste had not been
covered with a minimum of six inches of earthen material at the end of the previous operating
day in violation of 15A NCAC 13B .1626(2)(b).

B. 15A North Carolina Administrative Code 13B .1626(11) states: “Windblown waste
requirements. Methods such as fencing and diking shall be provided within the area to confine
solid waste that is subject to be blown by the wind. At the conclusion of each operating day,
all windblown material resulting from the operation shall be collected and disposed of by the
owner or operator.”
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Ashe County
Ashe County Municipal Solid Waste Landfill
Notice of Deficiency
Page 2 of 2
July 7, 2023

During the inspection, Windblown waste was observed along the toe of the north facing slope
adjacent to the access road. No waste had yet been received at the landfill upon observing
the windblown waste confirming that waste had not been collected and disposed at the end of
the previous day in violation of 15A NCAC 13B .1626(11).

The above violations may have or can compromise the facility’s ability to ensure protection of the
public health and the environment and thus require remedial action on behalf of the facility in order
to maintain compliance with 15A NCAC 13B .1626(2)(b) and 15A NCAC 13B .1626(11). Based upon
the foregoing, Ashe County shall come into compliance with all requirements of the regulations in 15A
NCAC 13B .1626(2)(a) and 15A NCAC 13B .1626(11) by completing the following:

1. Cover all waste within the landfill with a minimum of 6-inches of earthen material or approved
alternative cover material at the conclusion of the operating day.

2. Collect all windblown waste a properly dispose of it at the conclusion of the operating day.

The violations 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a
follow-up inspection to verify that the operator has completed the requirements of this Notice of
Deficiency.

If you have any questions, please contact me at [phone] or [e-mail].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer

Enclosure: Facility Compliance Inspection Report.
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: 2023.07.07 11:23:26 -04'00'