0501_INSP_20190321

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 8

UNIT TYPE:
Lined
MSWLF X LCID X YW Transfer Compost SLAS COUNTY: Ashe
Closed
MSWLF HHW White
goods X Incin T&P FIRM PERMIT NO.: 0501-MSWLF-1993
CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: March 21, 2019 Date of Last Inspection: October 31, 2018

FACILITY NAME AND ADDRESS:
Ashe County Solid Waste Facility
739 Fred Pugh Road
Crumpler, North Carolina 28617

GPS COORDINATES: N: 36.52238 W: 81.36960

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Scott Hurley, Director – Department of Environmental Services
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 1327
West Jefferson, North Carolina 28694

PARTICIPANTS:
Jim Greer, Landfill Supervisor – Ashe County
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit to Operate “0501-MSWLF-1993 Municipal Solid Waste Landfill and Land Clearing and Inert Debris
Landfill” was issued to Ashe County on March 31, 2015. This permit shall expire on October 12, 2020.

PURPOSE OF SITE VISIT:
Partial Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

A. 15A North Carolina Administrative Code 13B .1626(2)(a) states: “Except as provided in Sub-item (b) of this
item, the owner or operators of all MSWLF units must cover disposed 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.”

15 North Carolina Administrative Code 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.”

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 8

• General Permit Condition #6 states: “Construction and operation of this solid waste management facility
must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter
130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this
permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste
Management Rules shall take precedence unless specifically addressed by permit condition. Failure to
comply, may result on compliance action or permit revocation.”
• The approved Operations Plan (Document ID No. 24048) is included in the List of Documents for the
Approved Plan. Section 2.2, Item 2 “Cover material requirements” of the Approved Plan states:
“Except as in Part (b), the County 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.”

During the inspection, insufficient cover was observed in the active portion of the landfill leaving waste exposed.
The inspection was performed upon initial opening of the facility, prior to any waste being received. Waste had not
been covered with a minimum of six inches of earthen material at end of the previous operating day. Failure to cover
properly is also likely leading to additional windblown waste concerns. Therefore, Ashe County is in violation of
15A NCAC 13B .1626(2)(a) and 15A NCAC 13B .0203(d).

View of exposed waste. Photo by C. Gerstell Additional view of exposed waste looking north.
Photo by C. Gerstell

To achieve compliance, all waste within the landfill must be covered with a minimum of 6-inches of earthen
material at conclusion of the operating day.

B. 15A North Carolina Administrative Code 13B .1626(11)(c) states: “Methods such as fencing and diking shall be
provided within the area to confine solid waste subject to be blown by the wind. At the conclusion of each day of
operation, all windblown material resulting from the operation shall be collected and returned to the area by the
owner or operator.”

15A North Carolina Administrative Code 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 #6 states: “Construction and operation of this solid waste management facility
must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter
130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this
permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste
Management Rules shall take precedence unless specifically addressed by permit condition. Failure to
comply, may result on compliance action or permit revocation.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 8

• The approved Operations Plan (Document ID No. 24048) is included in the List of Documents for the
Approved Plan. Section 2.2, Item 11 “Spreading and Compacting Requirements” of the Approved Plan
states: “Appropriate methods such as fencing and diking will be provided within the area to confine solid
waste subject to blown by the wind. At the end of each day of operation, all windblown material resulting
from the operation will be collected and returned to the working face.”

During the inspection, windblown waste was observed southeast of the working face, north of the working face along
the haul road into the woods, and within the last slope drain east of the working face. No customers had yet been
received at the landfill upon observing the windblown waste confirming that waste had not been picked up at the end
of the previous day of operation. Therefore, Ashe County is in violation of 15A NCAC 13B .1626(11) and 15A
NCAC 13B .0203(d).

View of windblown waste east of working face View of windblown waste east of working face
looking southeast. Photo by C. Gerstell. looking southwest. Photo by C. Gerstell.

View of windblown waste into woods across access
Road north of working face. Photo by C. Gerstell.

To achieve compliance, within 10-days of receipt of this inspection report, all windblown waste must be
collected and returned to the working face for proper disposal. In addition, a new or modified SOP should be
put into place containing a more proactive approach to managing wind blown waste.

C. 15A North Carolina Administrative Code 13B .1626(8)(d) states: “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. An NPDES permit may be required prior to the discharge of leachate to surface waters,
as provided by 40 CFR Parts 258.26 and 258.27.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 8

During the inspection, a leachate outbreak was observed on the west facing slope of Phase 1 directly adjacent to the
vehicle turnout located at the entrance to the working face. Flow from the outbreak flowed north beyond the waste
limits of Phase 1 and absorbed into the ground at the toe of the slope of the vehicle turnout. Ashe County is in
violation of 15A NCAC 13B .1626(8)(d) in that leachate was not contained within the lined disposal cell or leachate
containment and storage system.

View of leachate outbreak on west facing slope of View of leachate flow looking north at toe of
Phase 1. Photo by C. Gerstell vehicle turnout. Photo by C. Gerstell

To achieve compliance, within 10-days of receipt of this inspection report, Ashe County must make all
necessary repairs to the slope of Phase 1 at the location of the leachate outbreak. Ashe County must also
contact Ervin Lane, Compliance Hydrogeologist, to determine the requirements for a soil sampling plan to
determine the impact of the leachate release.

Ervin Lane, Compliance Hydrogeologist
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]
[e-mail]

ADDITIONAL COMMENTS

1. The facility consists of a Municipal Solid Waste Landfill (MSWLF), Land Clearing and Inert Debris Landfill
(LCID), scrap tire collection area, and a white goods collection area.
2. The facility has a service area of Ashe County only.
3. This was a partial inspection to evaluate the operations of the facility and investigate a complaint of odors
emanating from the facility.
4. Upon arrival, facility gates were closed, and pad locked.
The item(s) listed above were observed by Section staff and require action on behalf of the facility 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 5 of 8

Operations Inspection of the MSWLF Unit:
5. No unacceptable waste streams were observed within the working face at the time of inspection.
6. Good operational cover was observed on majority of inactive portions of the landfill. However, waste had been
exposed on the surface of the last earthen berm leading to a slope drain east of the working face. Additional, soil
was needed in this area.
7. During the inspection, two areas of erosion were observed on the slope of the high lift of Phase 4 located southeast
of the working face and adjacent to Phase 2. These areas must be repaired to prevent further erosion of the slope
which could potentially lead to slope failure or exposure of waste.
8. A leachate outbreak was observed on the northeast portion of the working face along the access road. An earthen
berm along the edge of the working face appeared to prevent the leachate from flowing beyond the edge of liner
and edge-of-liner markers. Mr. Greer immediately excavated the area and stopped the flow of leachate.
9. Edge-of-liner markers were in place at the time of inspection.
10. An area of standing water was observed at the toe of the high lift of Phase 4 located southeast of the working face.
This area must be regraded to prevent Surface water from being impounded over waste.
11. During the inspection, the toe of the fill slope on the north side of the landfill, just east of the working face, had
extended beyond the edge-of-liner marker. Much of the edge-of-liner marker had been buried by fill.
• The approved Operations Plan for the facility states that waste will not be placed within four (4) feet of the
perimeter of the lined area to assure that waste is being placed directly above the liner system.
• Due to the location of fill in this area, the Solid Waste Section has cause for concern that waste has
been placed over the edge of liner or within the 4-foot setback to the edge of liner. Therefore, within
10-days of receipt of this inspection report, Ashe County must investigate the subject area and
provide a written response with a map detailing the edge of liner, location of outermost waste, and
corrective action to move waste if needed.
12. Prior to the inspection, Scott Hurley had notified the Solid Waste Section of a slope failure on the west facing
slope of Phase 1 beyond the edge-of-liner markers. Mr. Hurley explained that the failure appeared to be the result
of wetter than normal conditions. The failure is located above an existing riser basin located below the slope.
• The damaged portion of he Phase 1 slope was observed during the inspection. The area of erosion was
observed on the exterior side of an existing berm located beyond the edge-of-liner markers and was
approximately 130-feet long. The erosion into the berm was approximately 7-feet from an edge-of-liner
marker at the closest point. This erosion was located at the same point of a slope failure observed in
September of 2013.
• A smaller slope failure was observed on the exterior side of the existing berm below the edge-of-liner
markers north of the previously mentioned area and approximately 112-feet south of the vehicle turnout
which is located at the entrance to the working face. This failure was approximately 7-feet wide and 30-
feet in length down slope.
• Facility staff were aware of the slope failures and were waiting on dryer conditions to allow for equipment
to access the eroded areas.
• Immediate action should be taken to repair eroded portions of the slope to ensure that the integrity
of the landfill and liner system are not impacted. This may include consultation with the County’s
engineer if deemed necessary to prevent future occurrences.
13. During the inspection, severe vehicle ruts were observed near the toe of the west facing slope of Phase 1
approximately 100-feet south of the vehicle turn out which is located at the entrance to the landfill working face.
This area must be repaired and stabilized with a groundcover sufficient to restrain erosion.
14. A severe leachate outbreak was observed at the toe of the slope of Phase 2 on the east side where Phase 2 meets
with Phase 4. The leachate was observed for 266-feet and flowed south, to a point on top of the landfill above the
large riser basin where the flow absorbed into the soil on the landfill. There was no evidence of leachate beyond
the liner system in this area. Ashe County shall immediately investigate this area and make any necessary
repairs to prevent additional flow of leachate. If left unattended, this condition could worsen leading to
leachate flowing beyond the liner system.
15. Severe standing water was observed along the majority of the second bench from the toe of Phase 2 on the east
side. No odors were observed adjacent to the standing water. It could not be determined if the standing water was
rain water or leachate. Ashe County is requested to investigate all areas of standing water to determine if the
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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water is standing rain water or leachate. Regardless, all areas should be regraded as necessary to prevent
future ponding.
16. Please see the subject map for reference to the above-mentioned concerns.

17. Access roads were of all-weather construction and well maintained.

Operations Inspection of the LCID Unit:

18. The working face appeared to be less that one acre in size at the time of inspection.
19. No unacceptable waste streams were observed.
20. This area was well managed.

Operations Inspection of the White Goods Area:

21. White goods are collected adjacent to the recycling building. Facility staff remove CFCs and mark them with
“GO”. Once CFCs are removed, the appliances are placed on the metal pile or loaded into the trailer designated
for metal collection.
22. During the inspection, all appliances were maintained in an upright condition to maintain the integrity of the
device.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 7 of 8

Operations Inspection of the Tire Collection Area:

23. All tires were stored in a covered trailer located on the opposite side of the primary access road, across from the
recycling building.
24. This area was well managed.

Supporting Comments:

25. The facility had proper signage.
26. A convenience area for the collection of aluminum cans, glass, and wooden pallets is provided adjacent to the
primary access road just northwest of the scale house.
• During the previous inspection, multiple aluminum cans were observed on the ground extending from the
convenience area to the scale house. Mr. Houck explained that this was the result of heavy winds
experienced at the facility prior to the inspection. Ashe County was requested to ensure that all aluminum
cans are picked up and returned to the proper collection location.
• Conditions in this area were much improved during the inspection. No cans were observed on the ground.
Thank you for your attention to this matter.
27. The leachate pond was observed during the inspection.
• Two aerators were in operation at the time of inspection.
• No concerns were observed with the visible portions of the liner.
28. As noted above, this inspection was performed, in part, to respond to a complaint of odor emanating from the
facility.
• No odors were observed off Wiley F. Gambill Road or Fred Pugh Road in the morning hours prior to the
inspection of the landfill.
• Upon completion of the inspection, an attempt was made to see if odors could be observed off Willie
Brown Road northeast of the landfill where odor concerns were previously voiced to the Solid Waste
Section. No odors were observed.
• Although no odors were observed outside of the facility, some odors were observed within the facility
during the inspection. The strongest odors were observed directly adjacent to the working face upon initial
arrival on site. Intermittent odors were observed west of the working face while standing on the second
soil bench from the top of Phase 2.
• Regardless of the finding of no odor during the day of inspection, it should be noted that the rules and
facility permit require the facility to monitor for odors and take appropriate action where necessary to
minimize any odor from migrating beyond the facility boundaries. The inspection of the landfill revealed
improper waste cover and leachate outbreaks, both of which can create odors capable of leaving the
property, so it is reasonable to provide some validity to the complaint itself.
29. Electronics were being collected onto wooden pallets located on the opposite side of the primary access road
across from the used oil collection tank. Once removed from this area, electronics are taken to the designated
gravel pad located west of the scale house where they are packaged and loaded into a covered trailer for shipment
to the County’s electronics vendor.
• During the previous inspection, many electronics were found on the gravel pad in varying degrees of
damage. Ashe County was requested to ensure that all electronics were removed from the ground surface
and properly packaged for shipment to the County’s designated electronics vendor.
• During this inspection, the condition of the gravel pad was much improved with minimal amount off
material observed on the ground. However, two roll-of containers were observed to contain a large
amount of damaged electronics to include televisions and computer equipment. Mr. Houck explained that
this material was residual material that was damaged upon receipt from customers or from convenience
centers and was accumulated over a long period of time. Mr. Hurley also confirmed this information
during a phone conversation on March 25, 2019.
• Ashe County must ensure that all televisions and computer equipment are handled in a manner upon
receipt to ensure the recyclable qualities of the devices. Acceptance and handling practices may need to be
reviewed to ensure that these devices are not being damaged to prevent them from be used for recycling
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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purposes. Please submit a copy of the Standard Operating Procedure for handling electronics, to
include receipt at convenience centers.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 4/8/19 Email Hand delivery X US Mail
(with NOV)
Certified No. [ _]

Copies: Adam Stumb, Interim Ashe County Manger
Ed Mussler, Solid Waste Section Chief
Sherri Stanley, Permitting Branch Head
Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor - Solid Waste Section
Ervin Lane, Compliance Hydrogeologist