9503_NOV_20240524

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28625
704.235.2100

May 24, 2024

CERTIFIED MAIL 7022 0410 0000 7791 5768
RETURN RECEIPT REQUESTED

Mr. Deron Geouque, County Manager
Watauga County
814 West King Street, Suite 205
Boone, North Carolina 28607

CERTIFIED MAIL 7022 0410 0000 7791 5775
RETRUN RECEIPT REQUESTED

Mr. Rex Buck, Operations Services Director
Watauga County
336 Landfill Road
Boone, North Carolina 28607

SUBJECT: Notice of Violation
Compliance Inspection Report
Watauga County Transfer Facility
9503T-TRANSFER-1996
Watauga County

Dear Sirs:

On May 16, 2024, 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. Phillip Harrison was present and represented
Watauga County during this inspection. The following violation was noted:

A. 15A North Carolina Administrative Code 13B .0405(b) states in part: Water that comes into
contact with solid waste is leachate and shall be collected from the site for disposal to an
approved facility or discharged directly from the site into a sanitary sewer line.

During the May 16, 2024 inspection, leachate was observed leaking from a transfer trailer and
then flowing along the concrete wheel stop barrier into a rip rap lined swale on the south side
of the trailer storage area. Leachate-stained soil was also observed on the hillside beyond the
rip rap swale. Leachate was also observed within the PVC pipe leading from the storm water
inlets within the leachate collection flume of the trailer storage area. Soil below this pipe was
stained and bare of vegetation. Storm water conveying inlets are to be plugged. However, two
of the inlets were not plugged at the time of inspection. Leachate was observed leaking from
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.235.2100
Watauga County
Watauga County Transfer Facility
Notice of Violation
Page 2 of 3
May 24, 2024

a transfer trailer and into the stormwater inlet within the middle section of the leachate
collection flume of the trailer storage area.

Watauga County is in violation of 15A NCAC 13B .0405(b) for failure to collect leachate for
disposal to an approved facility or discharge the leachate directly from the site into a sanitary
sewer line.

Based upon the foregoing, within ten (10) days of receipt of this Notice of Violation, Watauga County
shall come into compliance by with all requirements of the regulations in 15A NCAC 13B .0405(b) by
completing the following:

1. Follow the Division of Waste Management Solid Waste Section Leachate Release Sampling
& Analysis Guidelines for leachate releases. This information can be found at the following
link: Leachate Release Sampling& Analysis Guidelines. Watauga County shall also contact
Elizabeth Werner, Hydrogeologist, to determine the requirements for a soil sampling plan to
determine the impact of the leachate release. Pending the laboratory analytical results,
additional measures may be required.

Elizabeth Werner, Hydrogeologist
NCDEQ Division of Waste Management
[e-mail]
[phone]

The violation listed above was 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
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.235.2100
Watauga County
Watauga County Transfer Facility
Notice of Violation
Page 3 of 3
May 24, 2024

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

Enclosure: Facility Compliance Inspection Report