1203_NOV_20141126

2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone [phone] ▲ Fax [phone]
http://portal.ncdenr.org/web/wm/sw
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper

North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary

November 26, 2014

CERTIFIED MAIL 7014 0510 0000 4466 1377
RETURN RECEIPT REQUESTED

Bryan Steen – Burke County Manager
P.O. Box 219
Morganton, NC 28680

SUBJECT: Notice of Violation
Compliance Inspection Report
Johns River Waste Management Facility
12-03
Burke County

Dear Mr. Steen,

On October 27, 28, 29 and November 7, 2014 Bill Wagner representing the State of North Carolina,
Division of Waste Management Solid Waste Section, inspected the above referenced facility for
compliance with North Carolina solid waste statues and rules. Gregg Watts, Brock Hall, Sue
Hensley, Donna Dale, Til Brown, and Lowell Robinson were present at various times and
represented the Johns River Waste Management Facility during these inspections. The following
violations were noted:

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 each of 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
Johns River Waste Management Facility
November 14, 2014
Page 2 of 4

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 wooden pallets was approximately
5,500-yds.3
“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

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-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.

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 to comply with the requirements of their permit by failing to maintain
a vegetative cover on the lower southwestern slopes of the closed MSW landfill.
Johns River Waste Management Facility
November 14, 2014
Page 3 of 4

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:

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 .1604(b)(2)(A) by accepting and
comingling plywood & other manufactured wood wastes with the wooden pallet waste
stream.

Based upon the foregoing, the Johns River Waste Management Facility shall come into compliance
by February 11, 2015 with all requirements of the regulations in 15A NCAC 13B .0534(b)(2)(A),
15A NCAC 13B .0542(f)(1), 15A NCAC 13B .1604(b)(2)(A), and 15A NCAC 13B .1625(a) by
completing the following:

“Corrective Actions”

1. The Johns River Waste Management Facility must ensure that all waste materials and
product stored shall be maintained in reasonably sized piles with adequate fire breaks
and lanes.
2. The Johns River Waste Management Facility must ensure that all C&DLF units are
covered with six inches of earthen material when the waste disposal area exceeds one-
half acre and at least once weekly.
3. The Johns River Waste Management Facility must maintain post-closure conditions at
the closed municipal solid waste landfill to ensure that a sufficient vegetative cover is
maintained on the cap. The Johns River Waste Management Facility must ensure that
the vegetative cover on the closed municipal solid waste landfill 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.”
4. The Johns River Waste Management Facility must ensure that it only accepts those
wastes that it is permitted to receive.

Johns River Waste Management Facility
November 14, 2014
Page 4 of 4

The Johns River Waste Management Facility 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 deficiencies from
occurring in the future. Mail this certification to Bill Wagner, 2090 US HWY 70, Swannanoa, NC
28778by the noted compliance date.

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.

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

Bill Wagner
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

Enc: Facility Compliance Inspection Report dated 11/14/14

ec: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Sarah Rice, Compliance Officer – Solid Waste Section
Brock Hall, Interim Director – Burke Co. General Services ([e-mail])