8606_NOV_20240507

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.235.2100

May 7, 2024

CERTIFIED MAIL 7018 0360 0002 2096 6305
RETURN RECEIPT REQUESTED

Chris Knopf, Surry County Manager
Post Office Box 1467
Dobson, North Carolina 27107

CERTIFIED MAIL 7018 0360 0002 2096 6312
RETURN RECEIPT REQUESTED

Jessica Montgomery, Public Works Director/County Engineer
Post Office Box 342
Dobson, North Carolina 27107

SUBJECT: Notice of Violation
Compliance Inspection Report
Surry County Municipal Solid Waste Landfill
8606-MSWLF-1998
Surry County

Dear Sir and Madam:

On April 30, 2024, Charles Gerstell, Environmental Senior Specialist, 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. Varney Helvey
was present and represented Surry County during this inspection. The following violations were noted:

A. 15A North Carolina Administrative Code 13B .1626(1)(a) states in part:

During the inspection, two whole scrap tires were observed partially buried in soil cover within
Phase 4 southeast of the active working face. Surry County is not permitted to dispose of
whole scrap tires within the landfill. Therefore, Surry County is in violation of 15A NCAC
13B .1626(1)(a).

B. 15A North Carolina Administrative Code 13B .1626(2)(b) states: -
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

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.235.2100
Surry County
Surry County Municipal Solid Waste Landfill
Notice of Violation
Page 2 of 3
May 7, 2024

During the inspection, exposed waste was observed over a large portion of the inactive portion
of Phase 4 east of the active working face. Mr. Helvey explained waste was last placed on the
eastern portion of Phase 4 one to two months prior to the inspection. Surry County is in
violation of 15A NCAC 13B .1626(2)(b) for failure to cover all waste with six inches of earthen
material at the end of each operating day.

C. 15A North Carolina Administrative Code 13B .1626(7) states:
control requirements. Erosion control measures consisting of vegetative cover, materials,
structures, or other devices shall be utilized to prevent silt from leaving the site and to prevent
on-site erosion, and shall comply with 15A NCAC 04, which is incorporated by reference

During the inspection, two areas of severe erosion resulting in exposure of waste were
observed on the eastern portion of Phase 4 near the transition point between the active portion
of the landfill and the inactive portion with a rain liner. Therefore, Surry County is in violation
of 15A NCAC 13B .1626(7) for failure to prevent on-site erosion as required.

D. 15A North Carolina Administrative Code 13B .1626(11) states:
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

During the inspection, windblown waste was observed along the northern, eastern, and
western perimeters of Phase 4 of the landfill. The volume of waste observed along with the
early time of the inspection indicated windblown waste had not been collected at the
conclusion of the previous operating day. Therefore, Surry County is in violation of 15A NCAC
13B .1626(11).

Based upon the foregoing, Surry County shall come into compliance with all requirements of the
regulations in 15A NCAC 13B .1626(1)(a), 15A NCAC 13B .1626(2)(b), 15A NCAC 13B .1626(7), and
15A NCAC 13B .1626(11) by completing the following:

1.
tire collection area.

2. Cover all exposed waste with a minimum of six inches of earthen material or approved
alternative cover material at the conclusion of each operating day.

3. Within 10 days of receipt of this Notice of Violation, repair all areas of erosion within Phase 4
of the landfill.

4. Collect and dispose of all windblown waste at the conclusion of the operating day.

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.235.2100
Surry County
Surry County Municipal Solid Waste Landfill
Notice of Violation
Page 3 of 3
May 7, 2024

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
Violation.

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

Sincerely,

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

copies: Jason Watkins, Solid Waste Section Chief
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer

Enclosure: Facility Compliance Inspection Report