10001_NOV_20160330M

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Acting Director

March 30, 2016

CERTIFIED MAIL 7014 0510 0000 4466 3463
RETURN RECEIPT REQUESTED

Charles Vines, Mitchell County Manager
26 Crimson Laurel Circle
Bakersville, NC 28705

SUBJECT: Notice of Violation
Compliance Inspection Report
Yancey-Mitchell County Sanitary Landfill - Closed
100-01
Yancey County

Dear Mr. Vines:

On March 17, 2016 Bill Wagner (Environmental Sr. 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. Teresa
Summerlin was present and represented the Yancey-Mitchell County Sanitary Landfill (Closed)
during this inspection. The following violation(s) were noted:

1. 15A NCAC 13B .0510(c) states that “When a solid waste disposal site has been closed in
accordance with the requirements of the Division, future necessary maintenance and
water quality monitoring shall be the responsibility of the owner and the operator and
shall be specified in the closure letter.”

Item #4 of the closure letter for the Yancey-Mitchel County Landfill (Permit #100-01),
dated 12/21/195, states in “FINAL COVER SYSTEM: The integrity and effectiveness of
the final cover system and any permanent erosion control devices must be
maintained. This could include making repairs to the cover as necessary to correct
the effects of settlement, subsidence, erosion, or other events.”

Yancey and Mitchel Counties are in violation of 15A NCAC 13B .0510(c), in that they have
failed to comply with the conditions specified in the closure letter dated 12/21/1995 for
the Yancey-Mitchel County Municipal Solid Waste (MSW) Landfill (Permit #100-01).
Specifically, the closure letter requires which requires, in part, that “: The integrity and
effectiveness of the final cover system and any permanent erosion control devices must
100-01 Yancey-Mitchell Sanitary Landfill - Closed
Notice of Violation
Page 2 of 3
3/30/16

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

be maintained. This could include making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events.” The presence of woody
vegetation and trees on the northern and eastern slopes of the landfill is jeopardizing the
integrity of the landfill cap and must be removed.

Based upon the foregoing, closed Yancey-Mitchell Sanitary Landfill shall come into compliance
by June 1, 2016 with all requirements of the regulations in 15A NCAC 13B .0510(c) by completing
the following:

“Corrective Actions”

A. Remove all trees and woody vegetation from the cap of the closed Yancey-Mitchell
County Sanitary Landfill (100-01) in order to protect the integrity of the cap and to allow
for inspection and maintenance of the cap.

Yancey and Mitchell counties shall provide a written certification with supporting documentation
on county letterhead confirming the noted compliance schedule has been completed. Include in
this certification any actions taken to prevent these violations from occurring in the future. Mail
this certification to Bill Wagner by the noted compliance date of June 1, 2016.

Bill Wagner - Environmental Sr. Specialist
NC Department of Environmental Quality – Solid Waste Section
Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778

The violation(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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.

100-01 Yancey-Mitchell Sanitary Landfill - Closed
Notice of Violation
Page 3 of 3
3/30/16

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646
919 707 8200

If you have any questions, please contact me at 828-296-47085 or by e-mail at
[e-mail].

Sincerely,

Bill Wagner
Environmental Sr. Specialist
Division of Waste Management - Solid Waste Section

ec: Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
Anthony Allen, Yancey Co. Solid Waste Director ([e-mail])