1107-20161215NOD

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646 919 707 8200
PAT MCCRORY
Governor DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director

December 15, 2016

CERTIFIED MAIL 7015 1520 0003 5462 8704
RETURN RECEIPT REQUESTED

Stephen Hunter
Solid Waste Manager
Buncombe County Solid Waste Management Facility
85 Panther Branch Road
Alexander, NC 28701

SUBJECT: Notice of Deficiency
Compliance Inspection Report
Buncombe County Solid Waste Management Facility
Permit No. 11-07
Buncombe County

Dear Mr. Hunter:

On December 2, 2016, Kris Riddle, 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.
Stephen Hunter and Kristy Smith were present and represented Buncombe County Solid Waste
Management Facility during this inspection. The following violations were noted:

A. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted
facility, the permittee(s) shall be considered to have accepted the conditions of the
permit and shall comply with the conditions of the permit.”

General Permit Condition Attachment 2, Part III, Number 25 of Permit to
Construct 1107-CDLF-1998 C&D Landfill Unit Phase 5 Expansion states in part:
“The following conditions must be met prior to operation of the Phase 5
Expansion area:
a. The Permittee must obtain a Permit to Operate for the Phase 5
Expansion area from the Section in accordance with 15A NCAC 13B
.0201(d).
b. Construction Quality Assurance (CQA) documentation as well as a
certification by the project engineer that the landfill was built in
Buncombe County Solid Waste Management Facility 11-07
Notice of Deficiency
Page 2 of 3
December 15, 2016

accordance with approved plans and the conditions of the permit
must be submitted to the Section for review and approval.”

On November 15, 2016, Buncombe County Solid Waste Management staff notified
Division of Waste Management, Solid Waste Section Permitting staff that
construction and demolition waste had been inadvertently placed in the Phase 5
Expansion Area. On December 2, 2016, Kris Riddle met with Stephen Hunter and
Kristy Smith with the Buncombe County Solid Waste Management Facility, and
conducted a partial inspection of the 1107-CDLF-1998 C&D Landfill Unit Phase 5
Expansion area. During this inspection waste was observed in the Phase 5 Expansion
area. The waste was uncovered. Buncombe County Solid Waste Management staff
summarized that waste was inadvertently deposited in the Phase 5 Expansion area
for approximately one month totaling approximately 2,000 tons.

B. 15A NCAC 13B .0542(f)(1) states in part: “the owners and operators of all
C&DLF units must cover the solid waste with six inches of earthen material when the
waste disposal area exceeds one-half acre and at least once weekly. Cover must be
placed at more frequent intervals if necessary to control disease vectors, fires, odors,
blowing litter, and scavenging. A notation of the date and time of the cover
placement must be recorded in the operating record as specified in Paragraph (n) of
this Rule.”

During the December 2, 2016, inspection it was revealed that the waste in the Phase
5 Expansion area had remained uncovered since at least November 15, 2016.

The above violations may have or can compromise the facility’s ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
in order to maintain compliance with 15A NCAC 13B .0203(d) and 15A NCAC 13B .0542(f)(1). In
order to resolve these issues, Buncombe County must take the following actions:

A. Immediately cease accepting waste in the Phase 5 Expansion area.
B. Immediately cover solid waste in the Phase 5 Expansion area with six inches of earthen
material.
C. By January 15, 2017, submit CQA documentation to the Section as required by
Permit to Construct 1107-CDLF-1998 C&D Landfill Unit Phase 5 Expansion or provide
the Section with an alternative to the CQA plan that satisfies CQA documentation
requirements. Submit documentation to Allen Gaither, Regional Permitting
Engineer, at 828-296-4703 or by e-mail at [e-mail]. Additional
measures may be required.

Buncombe County Solid Waste Management Facility 11-07
Notice of Deficiency
Page 3 of 3
December 15, 2016

Buncombe County shall provide a written certification with supporting documentation on
company 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:
Kris Riddle
2090 US Highway 70
Swannanoa, NC 28778
by the noted compliance date.

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(s) to verify that the facility has completed the requirements of this Notice
of Deficiency.

If you have any questions, please contact me at 828-296-4705 or [e-mail].

Sincerely,

Kris Riddle
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Enclosure: Facility Compliance Inspection Report dated December 2, 2016.

Copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Jessica Montie, Compliance Officer
Wanda Greene, Buncombe County Manager
Jon Creighton, Buncombe County Assistant Manager
Kristy Smith, Bioreactor Manager – Buncombe County