1203_INSP_20141029

FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined MSWLF LCID YW Transfer Compost SLAS COUNTY: Burke
Closed MSWLF X HHW White goods Incin T&P FIRM PERMIT NO.: 12-03
CDLF X Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE
Date of Site Inspection: 10/27/14, 10/28/14, & 10/29/14 & 11/07/13 Date of Last Inspection: 11/07/13
FACILITY NAME AND ADDRESS:
Active C&D over Closed MSW Land Fill – Johns River Facility
2500 Marsh Trail Rd. Morganton, NC 28680
GPS COORDINATES: N: 35.78227° W: 81.6916°
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Brock Hall - Interim Director – Burke Co. General Services Telephone: [phone]
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Burke County General Services
P.O. Box 1486
Morganton, NC 28680-1486
PARTICIPANTS:
Bill Wagner – Environmental Senior Specialist, Solid Waste Section
Greg Watts – Solid Waste Supervisor, Burke County
STATUS OF PERMIT:
• Municipal Solid Waste (MSW) last received prior to 1/01/98
• Municipal Solid Waste Facility (MSWLF) Closed in accordance with 15A NCAC .1627
MSWLF FACILITY PERMIT NO: 12-03 ISSUANCE DATE
Document ID No. (DIN)
Original Permit MSWLF12-03:: April 16, 1987 N/A
Transition Plan (Closure Plan for the MSW included) April 9, 1994 N/A
Modification to Transition Plan: 3 Acre C&D Unit Area January 7, 1998 N/A
• An active Construction & Demolition (C&D) landfill (also covered by Permit 12-03) is in operation on top of the
closed MSW landfill.
• Permit to Operate the C&D on top to the Closed MSW Landfill and to Operate C&D Landfill Lateral Expansion
Phase 1A expires on August 14, 2019.

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STATUS OF PERMIT (Continued):

C&D FACILITY PERMIT NO: 12-03 ISSUANCE DATE DIN No.
Original Permit Construction & Demolition (C&D) Landfill
12-03 April 16, 1987 N/A
Modification to Transition Plan: 3 Acre C&D Unit Area January 7, 1998 N/A
Permit to Operate C&D Landfill - Amendment November 10, 2010 9043
Permit to Operate C&D Landfill On Top of Closed MSWLF and to Operate C&D Landfill Lateral Expansion Phase 1A August 14, 2014 21528

PURPOSE OF SITE VISIT:
Comprehensive Inspection
STATUS OF PAST NOTED VIOLATIONS:
N/A
OBSERVED VIOLATIONS
1. 15A NCAC 13B .0534(b)(2)(A) states, in part, “…Duty to Comply. The permittee must comply with all conditions of the permit, unless otherwise authorized by the Division.”

Item #55 (General Conditions) of Part VII (Miscellaneous Solid Waste Management) of Attachment 3
(Conditions of Permit to Operate) of the August 14, 2014 Permit to Operate states, in part, that “Wastes received and product stored shall be maintained in reasonably sized piles with adequate fire breaks and
lanes in accordance with the approved operation plans and the pertinent rules.” Burke County has failed to maintain the following processed and unprocessed wastes in reasonably sized
piles with adequate fire breaks and lanes:
Wooden Pallets: On 10/28/14, the one pile of unprocessed wooden pallets was estimated to be
approximately 12 to 18-feet high over approximately 0.39-acres (as determined by a Trimble GeoXT GPS unit). Based on those measurements the total volume of unprocessed wooden pallets was
approximately 7,500-yds.3 (Photos #11 and #12)
Yard Trash: as defined in 15A NCAC 13B .0101(55) “…solid waste resulting from landscaping
and yard maintenance such as brush, grass, tree limbs, and similar vegetative material.”: On
10/28/14, the one pile of unprocessed Yard Trash was estimated to be approximately 8 to 12-feet high
over approximately 0.35-acres (as determined by a Trimble GeoXT GPS unit). Based on those measurements the total volume of unprocessed yard trash was approximately 5,500-yds.3 (Photos #9
and #10)
“Boiler fuel” derived from ground wooden pallets: On 10/28/14, the one pile of unprocessed boiler fuel was estimated to be approximately 4 to 10-feet high over approximately 0.58-acres (as
determined by a Trimble GeoXT GPS unit). Based on those measurements the total volume of
unprocessed wooden pallets was approximately 5,500-yds.3. This constitutes a violation of 15A NCAC 13B .0534(b)(2)(A).
To achieve compliance with all of the requirements in rule 15A NCAC 13B .0534(b)(2)(A), by January 3, 2015, Burke County must ensure that all waste materials and product stored shall be
maintained in reasonably sized piles with adequate fire breaks and lanes.

2. 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-
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half acre and at least once weekly.”
Burke County has failed to cover the C&D waste with at least six inches of earthen material when the
waste disposal exceeds one-half acre and at least once weekly. (On October 28, 2014 the area of
uncovered C&D waste was measured with a Trimble GeoXT GPS unit. At that time the total area of uncovered was calculated to be approximately 1.34-acres. (Figure 1, Photos #1 &#2)) This
constitutes a violation of 15A NCAC 13B 0542(f)(1).
To achieve compliance with all of the requirements in rule 15A NCAC 13B 0542(f)(1) by January 3,
2015 Burke County 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 15A NCAC 13B .0542.

3. 15A NCAC 13B .1604(b)(2)(A) states, in part, “The permittee shall comply with all conditions of
the permit.”

15A NCAC 13B .1627(d)(1)(A) states, in part, “…Following closure of each MSWLF unit, the owner or operator shall conduct post-closure care. Post-closure care shall be conducted for 30
years, except as provided under Subparagraph (2) of this Paragraph, and consist of at least the following: (A) Maintaining the integrity and effectiveness of any cap system, including making repairs to
the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the cap system.

The MSW Landfill (12-03) was closed on December 31, 1997 in accordance with the April 9, 1994 (Revised June 28, 1995) Closure Plan for the John’s River Waste Management Facility, Burke Co.,
NC, Permit No. 12-03. This plan was prepared for Burke County by Joyce Engineering of
Greensboro, NC. Item I(C)(2)(d) of the plan states, in part, “…The vegetative cover will be inspected monthly and an assessment of the vegetative cover will be made. If the inspections indicate that the
vegetative cover is sparse or nonexistent, re-vegetation of the affected area will be performed within a reasonable period of time.” Burke County has failed establish and maintain a vegetative cover on the on the lower southwestern slopes of the closed MSW landfill. (Photo #3) This constitutes a violation
of 15A NCAC 13B .1604(b)(2)(A) and 15A NCAC 13B .1627(d)(1)(A).

To achieve compliance with all of the requirements in rules 15A NCAC 13B .1604(b)(2)(A) and 15A
NCAC 13B .1604(b)(2)(A), by January 3, 2015 Burke County must complete the following:
A. Establish a vegetative cover on the lower southwestern slopes of the closed MSW landfill. (If
inclement weather or other circumstances arise that prevents the establishment of a vegetative cover within a reasonable period of time, Burke County must install erosion control devices (e.g.
straw matting) as needed until the required vegetative cover can be establihed.)

4. 15A NCAC 13B .1625(a) states that “The operator of a MSWLF unit shall maintain and operate the facility
according to the operation plan prepared in accordance with this Rule.”
The August 14, 2014 Permit to Operate, in Attachment 3 (Conditions of Permit to Operate), Part VII
(Miscellaneous Solid Waste Management), Item #66 (Operational Conditions – Treatment & Processing (Wood Grinding) states, in part, the following:
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Item 66 – The facility is permitted to receive land clearing waste as defined in 15A NCAC 13B
rule .0101(23), and Item 67 – The facility is permitted to receive wooden pallets constructed of unpainted and untreated natural wood, and Item 68 – The facility is permitted to receive yard trash as defined in 15A NCAC 13B rule .0101(55).

Burke County has failed to comply with 15A NCAC 13B .1625(a) by accepting and comingling plywood & other manufactured (industrial) wood wastes with the wooden pallet waste stream. (Photo
#12) This constitutes a violation of 15A NCAC 13B .1625(a).

To achieve compliance with all of the requirements in rule 15A NCAC 13B .1625(a) by January 3,
2015 Burke County must complete the following:

A. Remove all manufactured (industrial) wood wastes from the wooden pallet waste stream and
properly dispose of these wastes at a facility that is permitted to accept them.

ADDITIONAL COMMENTS
1. The service area for the Johns River Solid Waste facility is limited to Burke County.
2. Hours of operation: M-F: 7AM – 4PM Sat: 7AM – 1PM 3. All access roads are well maintained and passable.
4. The perimeter stormwater ditches are well maintained. 5. The facility’s is currently leasing a grinder to make mulch, boiler fuel and compost.
6. The landfill was actively accepting waste during the inspection. (Photo #11) 7. The C&D landfill is currently accepting approximately 40 tons of waste per day.
8. The sediment basins are well maintained. (Photo #12)
9. Windblown litter is very well controlled. 10. Waste screening records were reviewed. Wastes are typically screened twice a week.
11. The working face at the current cell (Phase 1A) was small and well controlled. (Photo #11) 12. Scrap metal is collected and recycled by Omni Source.
13. Omni Source also removes the CFC refrigerant gases from the white goods. 14. Electronics are collected and recycled by Metech Recycling of Creedmoor, NC.

The item(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.
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1.Figure 1: Johns River Solid Waste Facility (Burke County) 12-03 as of 10/27/14

1. Looking (N) at the toe of the exposed waste on top
of the closed MSW landfill. (Photo taken 10/27/14 by B.Wagner)
2. Looking (S) down the western edge of the exposed waste on top of the closed MSW landfill. (Photo taken
10/27/14 by B.Wagner)
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3. Looking (W) at lower southern slopes of the closed MSW landfill. Note the bare area that is free of
vegetation. (Photo taken 10/28/14 by B.Wagner)

4. Looking (NE) from the old C&D cell the top of the
closed MSW landfill at the newly active C&D landfill (Cell 1A). (Photo taken 10/27/14 by B.Wagner)

5. Pile of unprocessed yard waste. ( Note that there
are no fire lanes associated with this pile and that the pile is not “reasonably sized”.) (Photo taken 10/27/14
by B.Wagner)
6. Second perspective of the pile of unprocessed yard waste. (Photo taken 10/28/14 by B.Wagner)
7. Pile of unprocessed wooden pallets. ( Note that
there are no fire lanes associated with this pile and that the pile is not “reasonably sized”.) (Photo taken
10/28/14 by B.Wagner) )
8. Second perspective of the pile of unprocessed
wooden pallets. (Photo taken 10/28/14 by B.Wagner)
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15. Landfill staff certifications:
Name Certification Expiration Date
Greg Watts MOLO 08/30/15
Richard Robinson Landfill Operations Specialist 02/13/15
Daryl Mayo Landfill Operations Specialist 06/22/15
Anthony Ray Landfill Operations Specialist 10/20/17
Andy Franklin Landfill Operations Specialist 01/01/17
Keith Buff Landfill Operations Specialist 01/01/17
16. The facility (an active C&D landfill unit on top a closed MSW landfill unit) has been approved to implement a Corrective Action Plan to correct groundwater contamination and to correct landfill gas exceedances through the use of:
• Monitored Natural Attenuation (MNA)
• Phytoremediation, and
• Control of Decomposition Gases (Landfill Gas)
17. A random inspection of groundwater, landfill gas monitoring wells and passive landfill gas vents found all wells to be properly secured with padlocks and properly labeled. (Photos #13 and #14)

9. Looking (N) from the top of the active C&D landfill on top of the closed MSW landfill at the
“boiler fuel” (processed from wooden pallets) pile; the unprocessed wooden pallet pile; and the unprocessed
yard waste pile. (Photo taken 10/28/14 by B.Wagner)
10. Particle board, plywood and other inappropriate wood waste co-mingled with wooden pallets in the
pile of unprocessed wooden pallets. (Photo taken
10/27/14 by B.Wagner)
11. C&D wastes being accepted at the active cell in
Phase 1A.
12. Looking across sediment basin SB-1A.
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Please contact me if you have any questions or concerns regarding this inspection report.
___________________________ Phone: [phone] Bill Wagner
Environmental Senior Specialist Regional Representative

Sent on:11/26/14 to: Bryan Steen – Burke Co. Manager Email Hand
delivery US
Mail
X Certified No. 7014 0510 0000 4466 1377

ec: Deb Aja, Western District Supervisor – Solid Waste Section Jason Watkins, Field Operations Branch Head – Solid Waste Section Sarah Rice, Compliance Officer – Solid Waste Section
Brock Hall - Interim Director – Burke Co. General Services ([e-mail])
13. Monitoring well properly secured and identified. 14. One of seven passive landfill gas vents on the
eastern slopes of the closed MSW landfill.