HomeMy WebLinkAbout1107_NOV_20230710North Carolina Department of Environmental Quality | Division of Waste Management
2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
July 10, 2023
CERTIFIED MAIL #7003 1010 0000 5531 3872
RETURN RECEIPT REQUESTED
Avril Pinder
County Manager
200 College Street
Suite 300
Asheville, NC 28801
SUBJECT: Notice of Violation
Buncombe County Municipal Solid Waste Landfill Facility
1107-MSWLF-1996
Buncombe County
Dear Avril Pinder,
On July 3, 2023, Summer Justice and Lee Hill, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), attended an on-site meeting at the above referenced facility. Kristy
Smith and Casey Balding were present and represented Buncombe County during this meeting. The following
violation was noted:
A. 15A NCAC 13B .1626(8)(d) states in part: “Leachate shall be contained within a lined disposal cell or
leachate collection and storage system. All leachate shall be treated, as required by the receiving facility,
prior to discharge.”
Buncombe County is in violation of 15A NCAC 13B .1626(8)(d) by allowing leachate to leave the lined
disposal cell. During the above referenced meeting, a tour took place in which leachate was observed
pooling in the vicinity of the liner edge at the north slope of Cell 4. Visible staining leading to a stormwater
ditch was also observed.
Based upon the foregoing, Buncombe County shall come into compliance with all requirements of the regulations
in 15A NCAC 13B .1626(8)(d) by completing the following at the Buncombe County Municipal Solid Waste Landfill
Facility:
To correct the violation, Buncombe County must immediately repair the leachate seep. Buncombe County must
submit a sampling plan to Jackie Drummond, Hydrogeologist by July 21, 2023, and immediately implement the
plan once approved. Pending laboratory analytical results, additional measures may be required.
Jackie Drummond, Hydrogeologist
NCDEQ- DWM
jaclynne.drummond@deq.nc.gov
(919) 819-4600
The violation listed above was observed by Section staff and requires 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
North Carolina Department of Environmental Quality | Division of Waste Management
2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
Avril Pinder, County Manager
Buncombe County Municipal Solid Waste Landfill Facility
Notice of Violation
Page 2 of 2
July 10, 2023
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 Violation.
If you have any questions, please contact me at (828) 296-4705 or summer.justice@deq.nc.gov.
Sincerely,
Summer Justice
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
Dane Pedersen, Buncombe County Solid Waste Director
Kristy Smith, Buncombe County Bioreactor Manager