1107_NOV_20240528

North Carolina Department of Environmental Quality | Division of Waste Management
2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500

May 28, 2024
CERTIFIED MAIL 70222410000314371993
RETURN RECEIPT REQUESTED
Avril Pinder
Buncombe County Manager
200 College Street Suite 300
Asheville, NC 28801

SUBJECT:
Compliance Inspection Report
Buncombe County Municipal Solid Waste Landfill Facility 1107-MSWLF-1996
Buncombe County

Dear Avril Pinder:

On May 17, 2024, Summer Justice and Lee Hill, 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. Dane Pedersen and Kristy Smith were present and represented
Buncombe County during the inspection. The following violation was noted:

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 May 17, 2024 inspection, exposed waste was observed between Cells 6 and 7 and along
the southern edge of the active area of Cell 7. In addition, exposed waste mixed with soil was observed
throughout the active area of Cell 7, and on the top and eastern side slope of Cell 6. As a result,
Buncombe County is in violation of 15A NCAC 13B .1626(2)(b) for failure to cover all disposed waste
with six inches of earthen material at the end of each operating day as required.

Based upon the foregoing, Buncombe County shall come into with all requirements of the regulations in 15A NCAC 13B .1626(2)(b) by completing the following at the Buncombe County Landfill:

1. Cover all disposed solid waste with at least six inches of earthen material or approved alternative daily
cover at the end of each operating day.

The violation listed above was observed by Section staff and requires action on behalf of Buncombe County in
order to come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements
applicable to this activity. 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, Buncombe County may also be
subject to enforcement actions including penalties, injunction from operation of a solid waste management

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 May 28, 2024

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 e-mail [e-mail].
Sincerely,

Summer Justice
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
Dane Pedersen, Buncombe County Solid Waste Director Kristy Smith, Buncombe County