2002_NOD_20190528

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
May 28, 2019
CERTIFIED MAIL 7005 0390 0001 3531 7695
RETURN RECEIPT REQUESTED
Randy Wiggins
Cherokee County Manager
75 Peachtree St
Murphy, NC 28906
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Cherokee County MSW Landfill
2002-MSWLF-1998
Cherokee County
Dear Mr. Wiggins:
On May 23, 2018, 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. Rob Ward was present and
represented Cherokee County 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." On the morning of May
23, 2019 at 7:00 am, a pre -operational inspection of the landfill was conducted to ensure that
waste was being covered at the end of each working day. During that inspection a trench with
varying dimensions containing uncovered waste had been installed down the length of the
northern slope. This trench appeared to be functioning as an extension of the working face. Both
D_EWAj
NORTH CAROLINA
ileparlment o� EnviranmanGl puaiity
North Carolina Department of Environmental Quality I Division of Waste Management
2090 U.S. 70 Highway I Swannanoa, North Carolina 28778-8211
828.296.4500

Cherokee County MSW Landfill
Notice of Deficiency
Page 2 of 3
May 28, 2019
the trench and the entire working face were observed to be completely uncovered prior to staff
arriving to start operations.
B. 15A NCAC 1313.0203(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." On the morning of May 23, 2019 at 7:00 am, a pre-
operational inspection of the landfill was conducted to ensure that waste was being covered at
the end of each working day. During that inspection a trench with varying dimensions containing
uncovered waste had been installed down the length of the northern slope. This trench appeared
to be functioning as an extension of the working face. Both the trench and the entire working
face were observed to be completely uncovered prior to staff arriving to start operations.
The above violations may have or can compromise the facility's ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
in order to maintain compliance with 15A NCAC 13B.1626(2)(a) and 15A NCAC 13B.0203(d). In
order to resolve these issues, Cherokee County must take the following actions:
Cherokee County must immediately cover all waste with a minimum of six inches or earthen
material and ensure that all waste is completely covered at the end of every day of operation.
The violations 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 Deficiency.
If you have any questions, please contact me at 828-296-4700 or e-mail [e-mail].
D_EW
NORTH CAROLINA Q
Aj
ilupadmu,1 ui En irp 0. 1 quality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Cherokee County MSW Landfill
Sincerely,
Digitally signed by Lee Hill
DN: c—Lee Hill, o=5olid Waste
Section, ou=Field Operations
Branch,
email=[e-mail], -US
Date: 2019.05.28 09:03:09-04'00'
Notice of Deficiency
Page 3 of 3
May 28, 2019
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, Environmental Program Consultant
Rob Ward, Cherokee County Solid Waste Manager
D_EW
NORTH CAROLINA Q
Aj
pupadmu,t ur EnvirpnmBntal quality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200