1201-201470207NOV - Burke

NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director
Division of Waste Management
February 17, 2014
CERTIFIED MAIL 7012 1010 0002 1967 9972
RETURN RECEIPT REQUESTED
Bryan Steen — Manager
Burke County
P.O. Box 219
Morganton, NC 28680-3448
SUBJECT: Notice of Violation
Compliance Inspection Report
Kirksey Road Landfill — Closed
12-01
Burke County
Dear Mr. Steen,
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
On February 7, 2014 I, Bill Wagner, 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 Statues and
Rules. During this inspection, the following items were noted and/or observed:
1. 15A NCAC .0510(a) states in part, that the disposal site "be closed in accordance with rule .0505". Rule
.0505(1)(b) states the "Specified monitoring and reporting requirements shall be met." The Landfill Gas
Monitoring Plan (LGMP) — Document ID Number (DIN) 17007 for the Kirksey Dr. Landfill was approved by the
Solid Waste Section (SECTION) on August 7, 2012. The LGMP requires that the Burke County Animal Shelter
(Figure 1) be monitored for the presence of landfill gas. The most recent landfill gas monitoring report
submitted to the SWS does not indicate that the Burke County Animal Shelter was monitored for the presence
of landfill gas.
By failing to monitor the Burke County Animal Shelter for the presence of landfill gas in accordance with the Solid
Waste Management Rules, Burke County and the City of Morganton have violated 15A NCAC 13B .0505(1)(b).
2. 15A NCAC 13B .0510(a) states, in part that the disposal site be closed in accordance with rule .0505. Rule
.0505(5)(b) states that "Surface water shall not be impounded over or in waste." Multiple instances of water
impounded over waste were observed during this inspection.
By failing to prevent surface water from becoming impounded over waste, Burke County and the City of
Morganton have violated 15A NCAC 13B .0505(5)(b).
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://portal.ncdenr.org/web/guest
An Equal Opportunity 1 Affirmative Action Employer
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The above deficiencies 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 achieve compliance with 15A
NCAC 13B .0505(1)(b) and 15A NCAC 13B .0505(5)(b).
COMPLIANCE SCHEDULE
Based upon the foregoing, Burke County and the City of Morganton shall come into compliance with 15A NCAC 13B
.0505(1)(b) and 15A NCAC 13B .0505(5)(b), by completing the following:
1. Within fourteen (14) days from receipt of this Notice, Burke County and the City of Morganton must
monitor the Burke County Animal Shelter for the presence of landfill gas.
2. Within sixty (60) days from receipt of this Notice, using best management practices, Burke County and the
City of Morganton, must take whatever corrective actions are necessary to ensure that water cannot become
impounded over waste at the closed Kirksey Road closed landfill.
3. As soon the corrective actions have been successfully implemented please notify Bill Wagner at:
NCDENR —Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778
[phone]
Failure to comply with this schedule may subject the facility and/or all responsible parties to enforcement actions
including a notice of violation, civil penalty, 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-.0707, an
administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Laws,
Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the N.C. General Statutes.
If you have any questions, please contact me at [phone] or by e-mail at [e-mail].
Sincerely,
jV&4--
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
encl: Close-out of Sanitary Landfill (12-01) Letter dated May 8, 1989
Facility (12-01) Compliance Audit Report dated February 17, 2014
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Sarah Rice, Compliance Officer — Solid Waste Section
Carson Fisher, Public Works Director — Burke County ([e-mail])
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