N1083_INSP_20230718

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: July 18, 2023 Date of Last Inspection: February 24, 2023

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:
Charles Gerstell, NCDEQ – Solid Waste Section
Deb Aja, NCDEQ – Solid Waste Section
Summer Justice, 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.

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.

Inspection of the site on February 24, 2023 found no open flames on site. Heavy smoke was observed emanating from
an area of settling located near the crest of the fill slope at the southeast corner. No open flames were observed. The
top of landfill was still covered with soil, but some settling at the crest of the fill slope was observed resulting in cracks
forming across the crest of the fill slope. Some exposed waste was still observed at the toe of the slope which was
previously segregated from the landfill when the fire originally started in August of 2021.

Inspection of the site on July 18, 2023 found no smoke or open flames. Settling previously observed near the crest of
the fill slope at the southeast corner had become more severe. The top of the landfill was covered with soil, but
significant settling and displacement of soil was observed at multiple locations along the crest of the fill slope. Exposed
waste was observed at the toe of the fill slope. There did not appear to have been any attempt since the previous
inspection to place additional soil on the landfill as required.

OBSERVED VIOLATIONS:
No new violations

ADDITIONAL COMMENTS

1. The facility is located on a 48.96-acre parcel located off Hudler Town Road and is owned by Keith A. and Tammy
L. Huffman.
2. No waste activities have taken place on site since the last inspection.
3. A cable attached to wooden fence posts had been installed across the entrance to the facility to prevent access to
the site. However, the cable has been allowed to fall at multiple places and needs to be repaired. As noted on the
previous inspection report, the cable must be extended to the remaining posts along Hudler Town Road to
prevent access to the site from vehicular traffic.
4. The waste area appeared to be less than two acres in size.
5. Mr. Brinegar has previously stated his intentions to permanently close the site. However, no closure activities have
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

occurred on site. Mr. Brinegar previously stated he had not started closure activities due to unsafe conditions on
site related to soil settlement.
x The Solid Waste Section understands the concerns with site safety. However, effort is needed to
prevent additional settling as quickly as possible when safe to do so. Continued settling of the site
could lead to waste being exposed and the creation of additional pathways for oxygen to be
introduced into the waste mass. Therefore, the Section requests that within 60-days of receipt of this
inspection report, Mr. Brinegar submit a closure plan to include stabilizing the site and placing soil
cover over the waste. This plan should include a timeline for implementation and completion of
closure activities. It is recommended that a professional consultant be obtained to aid in the
development of the closure plan and to document site safety sufficient to implement the plan.
6. Closure of the site must be 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 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.

(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.

7. Landfill slopes must be graded not to exceed a ratio of three horizontal to one vertical.
8. Until closure activities are completed, the landfill must be monitored regularly to evaluate the condition of
the site and monitor it for safety concerns such as fire.
9. As noted in the previous inspection report, two loads of fence posts including wire fencing previously brought to
the site 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: 8/4/23 X 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=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.08.04 11:37:03 -04'00'