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Home My WebLink About5601_INSP_20170217FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 1 of 5 UNIT TYPE: Lined MSWLF LCID YW Transfer Compost SLAS COUNTY: McDowell Closed MSWLF X HHW White goods Incin T&P FIRM PERMIT NO.: 5602 (5601-MSWLF-1980) CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE Date of Site Inspection: 2/17/2017 Date of Last Inspection: 9/22/2014 FACILITY NAME AND ADDRESS: McDowell County Closed MSWLF 3809 Highway 226 South Marion, NC 28752 GPS COORDINATES: N: 35.65758° W: -81.95465° FACILITY CONTACT NAME AND PHONE NUMBER: Name: Randall Thomas Telephone: 828-659-2521 Email address: randall.thomas@mcdowellgov.com FACILITY CONTACT ADDRESS: Ashley Wooten, McDowell County Manager 60 East Court Street Marion, NC 28752 PARTICIPANTS: Kris Riddle, Environmental Senior Specialist, Solid Waste Section (Section) Randall Thomas, McDowell County Public Works Director STATUS OF PERMIT: Permit No. 5602: Active – includes Permit for Closure 5601-MSWLF-1980 McDowell County Landfill. PURPOSE OF SITE VISIT: Comprehensive site inspection. STATUS OF PAST NOTED VIOLATIONS: 1. 15A NCAC 13B .0510(c) CORRECTIVE ACTIONS ONGOING. In response to the October 9, 2014, Notice of Violation and in accordance with the requirements in 15A NCAC 13B .0510(c), a plan for maintenance of the final cover of the closed landfill was submitted to the Section on November 19, 2014. As discussed with Randall Thomas during this site inspection, part of the Category II landfill cover, on the southwest side, was being maintained to improve areas of subsidence and allow for more efficient maintenance mowing (Photo #4). Vegetation should be established on this area as soon as possible to preserve cap integrity and prevent erosion at the site. At the time of this inspection, it appeared that both the Category I and II landfill cap systems were clear of woody vegetation and trees. Note: Item #4 of the November 19, 2014, maintenance plan states: “Once we have a clear view of the footprint with all repairs made, we will re-install all area markers to show the footprint on ground.” As the limits of waste were not marked during this inspection, it appears that the northeast quadrant of the Category I landfill may be covered with mature trees (Photo #3). The waste boundaries must be determined and marked to confirm that the entire cap is free of trees and woody vegetation to ensure that the integrity and effectiveness of the final cover system is not compromised. (See the enclosed May 29, 2009, Memorandum “Permanent Edge-of-Waste Markers at Construction and Demolition Landfills, Industrial Solid Waste Landfills and Municipal Solid Waste Landfills”.) FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 2 of 5 2. 15A NCAC 13B .0503(2)(a) NOT RESOLVED. At the time of this inspection, there is no evidence that the facility has demonstrated that the closed site has met the design standards for landfill gas in 15A NCAC 13B .0502(2)(a) which states: A site shall meet the following design requirements: (a) The concentration of explosive gases generated by the site shall not exceed: (i) Twenty-five percent of the limit for the gases in site structures (excluding gas control or recovery system components); and (ii) The lower explosive limit for the gases at the property boundary. The December 13, 1995, Closure of the McDowell County Landfill closure letter Post Closure Condition #1 states: “Management of Landfill Gas: The owner shall take the measures necessary to ensure that the closed site shall continue to meet the design standards for landfill gas found in Rule .0503(2)(a).” Within 90 days from the receipt of this inspection report submit a Landfill Gas Monitoring Plan to demonstrate that the site can meet the design standards for landfill gas as per 15A NCAC 13B .0502(2)(a). Please contact Jaclynne Drummond to discuss plan measures and submittals at: Jaclynne Drummond, Compliance Hydrogeologist NC DEQ – DWM 2090 U.S. Highway 70 Swannanoa, NC 28778 828-296-4706 3. 15A NCAC 13B .0505(1)(b) RESOLVED. The most recent Monitoring Well Report for Closed Landfill #56-01, dated September 2, 2016, was submitted to the Section for review on October 31, 2016. As per the December 13, 1995, closure letter continue to sample the site detection monitoring wells at a minimum on a semi-annual basis. OBSERVED VIOLATIONS: No new violations observed. PARTIAL SITE HISTORY and BACKGROUND: • The closed McDowell County Municipal Solid Waste (MSW) landfill consists of two separate areas: a Category I MSW Landfill (south of access road – Photo #1) and a Category II MSW Landfill (north of access road – Photo #2). • Category I landfills are MSW landfills that did not receive municipal solid waste after 10/9/91, and were closed in accordance with their Permit, the Conditions of their Permit, and 15A NCAC 13B .0510. • Category II landfills are MSW landfills that continued to receive municipal solid waste after 10/9/91, but stopped receiving municipal solid waste before 10/9/93, and were closed in accordance with their Permit, the Conditions of their Permit, 15A NCAC 13B .0510, and the cap system had to be installed within 6-months of the last receipt of wastes and meet the criteria as set forth in 15A NCAC 13B .1627(c)(1). On 9/30/93 the NC Commission for Health Services adopted a temporary amendment of 15A NCAC 13B .1601 which allowed for eligible MSW facilities until 10/9/94 to complete installation of the cap system as set forth in 15A NCAC 13B .1627(c)(1). • The McDowell County Category I MSW landfill ceased receiving waste by 10/9/91 and was closed in accordance with the Permit, the Conditions of the Permit, and 15A NCAC 13B .0510. 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. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 3 of 5 • The McDowell County Category II MSW landfill ceased receiving waste on 4/8/94 (per letter from McDowell County Public Works Director, Allen Silver, dated October 7, 1994) and was closed in accordance with the Permit, the Conditions of the Permit, and 15A NCAC 13B .0510. The cap system had to be installed by 10/9/1994 and meet the criteria set forth in 15A NCAC 13B .1627(c)(1). • On 10/20/94 McDowell County’s consultant, Jensen Engineering, submitted documentation of official certification that both cap systems for McDowell County Landfill No. 56-01 Category 1 and 2 MSW landfills had been completed. • On 10/20/95 the Section sent McDowell County Manager, Charles Abernathy, a letter regarding “Requirements for Additional Groundwater Quality Assessment At The Closed McDowell County Sanitary Landfill (Permit #56-01).” The letter addressed objectives the County should take in regards to assessing and remediating ground water contamination at the site. • On 12/13/95 NCDEHNR confirmed in a closure letter titled “Closure of the McDowell County Landfill, Permit # 56- 01”, to McDowell County Manager, Charles Abernathy, that the McDowell County MSW Landfill Permit #56-01 had been closed in accordance with the applicable requirements. The closure letter detailed the specific “Post Closure Conditions” requirements for the closure of Permit #56-01. • On 2/9/96 Allen Silver, McDowell County Public Works Director, sent the Section a letter which stated, “McDowell County has received your correspondence of December 13, 1995 concerning the closure conditions of the McDowell County landfill Permit 56-01. The county understands the closure and post closure compliance conditions and assures you that every step will be taken to assure that the McDowell County landfill remains in compliance of post closure conditions.” • On 5/10/96 the Section sent Charles Abernathy, McDowell County Manager, a letter regarding “Closure certification for the closed McDowell County landfill Permit #56-01”. The letter requested McDowell County notify the Section of their assent to post closure conditions at the landfill in specific reference to the 12/13/95 closure letter. • On 6/3/96 Allen Silver, McDowell County Public Works Director, sent the Section a letter referencing the “McDowell County Landfill Closure Notification” stating that McDowell County was aware of the post closure conditions as stated in the 12/13/95 closure letter. • On 3/7/00 in a letter to Mike Gladden, McDowell County Public Works Director, the Section determined that continued semi-annual groundwater monitoring of the McDowell County landfill would be required. • In 2007 Appalachian State University (ASU) approached McDowell County in regards to assessing methane potential at the landfill for possible use as a source for renewable energy for businesses located near the landfill. • On 10/31/07 the Section approved a “Methane Investigation at the McDowell County MSW Landfill” (Permit #56-01). The purpose of the investigation, as stated in documents provided to the Section by Shield Engineering, ASU’s subcontractor, and with approval by McDowell County was “to execute an assessment of the methane potential at the former McDowell County Landfill.” • On 11/20/07 McDowell County’s consultant, Shield Engineering, requested that NCDENR approve the installation of three methane extraction wells at the McDowell County MSW Landfill to “assess the potential sustainable methane gas production rate” from the landfill. • On 12/06/07 in a letter to Mike Gladden, McDowell County Public Works Director, the Section approved Shield Engineering’s request to install three methane extraction wells at the closed McDowell County MSW landfill. • On 2/8/2008 Shield Engineering submitted the results of the methane extraction test to McDowell County and the Section. • On 1/16/09 the Section approved McDowell County’s request to construct a Qualifying Firing Range adjacent to the closed MSW landfill (image of firing range – Photo #8). • On 6/25/13 Permit No. 5602 was issued to McDowell County by the Section. Permit No. 5602 covers the Permit to Operate 5602T-TRANSFER-1995 McDowell Transfer Facility and Permit for Closure 5601-MSWLF-1980 McDowell County Landfill. • On 3/5/14 the Section conducted an inspection of the Closed McDowell County landfill. • On 3/12/14 the Section issued a Notice of Violation to McDowell County for violations of 15A NCAC .0503(2)(a) and 15A NCAC 13B .0505(1)(b). • On 9/22/14 the Section conducted an inspection of the Closed McDowell County landfill. • On 10/9/14 the Section issued a Notice of Violation to McDowell County for violations of 15A NCAC .0503(2)(a), 15A NCAC 13B .0505(1)(b), and 15A NCAC 13B .0510(c). FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 4 of 5 • On 11/19/14 Mike Gladden, McDowell County Public Works Director, sent the Section a letter regarding “Corrective Actions taken due to recent Notice of Violation (Maintenance Plan)”. The letter mentions efforts taken to become compliant with 15A NCAC 13B .0510(c). The letter makes no reference to become compliant with violations of 15A NCAC .0503(2)(a) and 15A NCAC 13B .0505(1)(b). ADDITIONAL COMMENTS 1. During this inspection, four groundwater monitoring wells were located. There was no permanently affixed identification plate observed on monitoring well #3 (just west of the scale house – Photos #5 and 6). Install a permanently affixed identification plate on monitoring well #3 within thirty (30) days of receipt of this inspection report. 2. During this inspection, three methane extraction wells that were used during the methane extraction test performed by ASU and Shield Engineering in 2008 were located. The PVC “elbow” on methane extraction well #3 was cracked during this inspection and should be replaced (Photo #7). 3. No leachate breakouts or seeps were observed on either the Category I or Category II Landfills during this inspection. 4. The access roads were well maintained. 1. Northeastern view across the Category I Landfill. 2. Southwestern view across the Category II Landfill. 3. Trees along northern edge of the Category I Landfill. Difficult to determine footprint of landfill – no Edge of Waste markers installed. 4. Area of the Category II Landfill that was in process of being maintained. Ensure that this area is stabilized and maintained with a vegetative cover. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section Page 5 of 5 Please contact me if you have any questions or concerns regarding this inspection report. Phone: 828-296-4705 Kris Riddle, Environmental Senior Specialist Division of Waste Management, NC DEQ Sent on: to Ashley Wooten on March 1, 2017, via: X Email Hand delivery US Mail Certified No. [ _] Enclosures: May 29, 2009 Memorandum “Permanent Edge-of-Waste Markers at Construction and Demolition Debris Landfills, Industrial Solid Waste Landfills and Municipal Solid Waste Landfills” Copies: Jason Watkins, Field Operations Branch Head, Solid Waste Section Deb Aja, Western District Supervisor - Solid Waste Section Jessica Montie, Compliance Officer - Solid Waste Section Jaclynne Drummond, Compliance Hydrogeologist, Solid Waste Section Randall Thomas, McDowell County Public Works Director 5. Groundwater Monitoring Well #3 (just west of Scale House. Note: no affixed label. 6. Groundwater Monitoring Well #3 with exterior PVC cap removed. 7. Methane Extraction well #3. Note: cracked PVC elbow. 8. Southeastern view of Qualifying Firing Range adjacent to the Category II Landfill.