HomeMy WebLinkAbout8807_NOV_20160405.pdf
State of North Carolina | Environmental Quality | Waste Management
2090 U.S. Highway 70 | Swannanoa, 28778
828 296 4500
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Acting Director
April 5, 2016
CERTIFIED MAIL # 7014051000004663494
RETURN RECEIPT REQUESTED
Ms. Jamie Laughter
County Manager
101 South Broad St
Brevard, NC 28712
SUBJECT: Notice of Violation
Compliance Inspection Report
Transylvania Municipal Solid Waste Landfill Facility
8807‐MSWLF‐1990
Transylvania
Dear Ms. Laughter:
On March 18, 2016, Deb Aja and Lee Hill, 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. Jeff Brookshire and Pete Stamey
were present and represented Transylvania Municipal Solid Waste Landfill Facility during this
inspection. The following violations were noted:
A. 15A NCAC 13B.1626(2)(a) states “Except as provided in Sub‐Item (b) of this Item, the
owners or operators of all MSWLF units must cover disposed solid waste with six inches
of earthen material at the end of each operating day, or at more frequent intervals if
necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.”
15A NCAC 13B.0203(d) states in part: “…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.” The approved operations plan
“Woodruff Landfill, Phase 5 Transylvania County, North Carolina Operations Plan
revised March 2010” (DIN 10329) states in section 5.4. (Daily Cover) “At the end of each
day's operation, compacted waste in the subcell will be covered with either a minimum
six inches of soil, or a tarp (previously approved as an alternative daily cover). When a
tarp is used, the minimum of six inches soil cover will be placed once a week. The cover
soil placed weekly shall be compacted with minimum of two passes with the compactor.
Waste may be covered more frequently than once per day if necessary to control fires,
odors, or blowing litter.”
Transylvania Municipal Solid Waste Landfill Facility
Notice of Violation
Page 2 of 5
April 5, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 U.S. Highway 70 | Swannanoa, 28778
828 296 4500
Transylvania County is in violation of 15A NCAC 13B.1626(2)(a) and 15A NCAC 13B.0203(d) in
that it failed to cover all waste at the end of the working day. Pete Stamey stated during the
inspection conducted on March 18, 2016 that the working face was larger than the tarps used as
an approved daily cover and that waste was left uncovered at the end of the working day on
March 17, 2016. Daily cover had washed and eroded from previous working areas which exposed
waste. Waste was exposed during the construction of an access road and was not covered.
B. 15A NCAC 13B.1626(7)(b) Adequate sediment control measures (structures or devices),
shall be utilized to prevent on‐site erosion.
15A NCAC 13B 0203(d) states in part: “...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.” Attachment 3, Conditions of Permit to
Operate, Part I, #2 states that “All sedimentation and erosion control activities must be
conducted in accordance with the Sedimentation Control act N.C.G.S. 113A‐50, et seq.,
and rules promulgated under 15A NCAC 4.
Transylvania County is in violation of 15A NCAC 13B.1626(7)(b) and 15A NCAC 13B 0203(d) in
that it failed to established a groundcover sufficient to restrain erosion on slopes. On March 18,
2016, Deb Aja and Lee Hill conducted an inspection of the Transylvania Municipal Solid Waste
Landfill Facility. At that time Ms. Aja and Mr. Hill observed multiple areas on slopes on and
around the landfill where excessive erosion had occurred. Exposed waste was observed in some
eroded areas.
C. 15A NCAC 13B.1626(8)(b) Surface water shall not be impounded over or in waste.
15A NCAC 13B.0203(d) states in part: “…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.” The approved operations plan
“Woodruff Landfill, Phase 5 Transylvania County, North Carolina Operations Plan
revised March 2010” (DIN 10329) states in part in section 8.1 “General” “Surfacewater
shall be diverted from the operational area and shall not be impounded over or in
waste.”
Transylvania County is in violation of 15A NCAC 13B.1626(8)(b) in that it failed to divert surface
water and allowing it to be impounded on waste. On March 18, 2016, Deb Aja and Lee Hill
conducted an inspection of the Transylvania Municipal Solid Waste Landfill Facility. At that time
Ms. Aja and Mr. Hill observed standing water on top of the landfill.
Transylvania Municipal Solid Waste Landfill Facility
Notice of Violation
Page 3 of 5
April 5, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 U.S. Highway 70 | Swannanoa, 28778
828 296 4500
D. 15A NCAC 13B.1626(8)(d) Leachate shall be contained within a lined disposal cell or
leachate collection and storage system. All leachate shall be treated, as required by the
receiving facility, prior to discharge.
Transylvania County is in violation of 15A NCAC 13B.1626(8)(d)in that it failed contain all leachate
within the lined disposal cell. On March 18, 2016, Deb Aja and Lee Hill conducted an inspection
of the Transylvania Municipal Solid Waste Landfill Facility. At that time Ms. Aja and Mr. Hill
observed leachate and waste outside the lined disposal cell that had entered a stormwater
conveyance ditch.
E. 15A NCAC 13B.1626(11)(a) MSWLF units shall restrict solid waste into the smallest area
feasible.
Transylvania County is in violation of 15A NCAC 13B.1626(11)(a)in that it failed to restrict solid
waste into the smallest area feasible. On March 18, 2016, Deb Aja and Lee Hill conducted an
inspection of the Transylvania Municipal Solid Waste Landfill Facility. At that time Pete Stamey
stated that the working face was larger than the tarps used as an approved daily cover and that
waste was left uncovered at the end of the working day on March 17, 2016.
F. 15A NCAC 13B.1626(11)(b) Operational Requirements for MSWLF Facilities Solid waste
shall be compacted as densely as practical into cells.
Transylvania County is in violation of 15A NCAC 13B.1626(11)(b)in that it failed to compact solid
waste as densely as practical in cells. On March 18, 2016, Deb Aja and Lee Hill conducted an
inspection of the Transylvania Municipal Solid Waste Landfill Facility. At that time the working
face was too steep and near vertical at the base to be properly compacted.
Based upon the foregoing, Transylvania Municipal Solid Waste Landfill Facility shall come into
compliance by May 12, 2016 with all requirements of the regulations in 15A NCAC 13B.1626(2)(a)
15A NCAC 13B.0203(d), 15A NCAC 13B.1626(7)(b), 15A NCAC 13B.1626(8)(b), 15A NCAC
13B.1626(8)(d), 15A NCAC 13B.1626(11)(a), 15A NCAC 13B.1626(11)(b) by completing the
following:
1. Transylvania County must immediately cover all waste with six inches of earthen
material, or approved alternative daily cover, at the end of each operating day.
2. Transylvania County must implement erosion control measures to repair and prevent on‐
site erosion.
Transylvania Municipal Solid Waste Landfill Facility
Notice of Violation
Page 4 of 5
April 5, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 U.S. Highway 70 | Swannanoa, 28778
828 296 4500
3. By April 29, 2016, Transylvania County must submit a complete plan with the corrective
actions taken to date and a detailed schedule of measures to be implemented to control
and prevent on‐site erosion. A priority should be given to implementing erosion control
measures that would prevent leachate, flowing from the observed exposed waste, being
released off the landfill liner. Submit this plan to Lee Hill, Asheville Regional Office, 2090
US Highway 70, Swannanoa, NC 28778, or email to lee.hill@ncdenr.gov, for review by the
noted compliance date.
4. Transylvania County must grade areas to ensure positive drainage to prevent impounding
of water over waste.
5. Transylvania County must immediately ensure that solid waste is restricted to the
smallest area feasible.
6. Within 10‐days of receipt of this Notice of Violation, Transylvania County must contact
Ervin Lane, Compliance Hydrologist, to determine the requirements for a soil sampling
plan to investigate the extent of the leachate release and corrective measures.
Transylvania Municipal Solid Waste Landfill 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 violations
from occurring in the future. Mail this certification to Lee Hill, 2090 U.S. Highway 70, Swannanoa,
NC 28778 by the noted compliance date.
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.
Transylvania Municipal Solid Waste Landfill Facility
Notice of Violation
Page 5 of 5
April 5, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 U.S. Highway 70 | Swannanoa, 28778
828 296 4500
If you have any questions please contact me at Lee Hill, 828‐296‐4700 or lee.hill@ncdenr.gov.
Sincerely,
Lee Hill
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Jessica Montie, Compliance Officer
Sarah Rice, Compliance Officer
Ervin Lane, Compliance Hydrogeologist
Jeff Brookshire, Transylvania County Solid Waste Director