One of many landfill operations that must be inspected and determined if it is "in compliance" by the Solid Waste Section is whether and how garbage is covered at certain critical times.
Subpart C -- Operation Section 258.21 COVER MATERIAL REQUIREMENTS
258.21(a) Except as provided in paragraph (b) of this section, 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.
Performance Standard: 258.21(b) Alternative materials of an alternative thickness (other than at least six inches of earthen material) may be approved by the Director of an approved State if the owner or operator demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. (emphasis added)
The latter is known as an "approved alternative cover."
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The shocking truth about Kersey Valley landfill.
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January 7, 2001-- Failure of "approved alternative cover."Violation of § 258.21(b)
and Failure disease vector (e.g. buzzards.) controlViolation of § 258. 22 (a), (b)
Kersey Valley 7 years, 3 months later. The condition existed over the weekend of Governor Easley's inauguration.
HOW LANDFILL LAW WORKS -- FEDERAL LAW -- Transfer of authority
Landfills are under the EPA's authority in the US. Federal Law grants the State of North Carolina the authority to independently implement and operate its own landfill program IF the program is determined adequate by the EPA.
§239.1 Purpose. This part specifies the requirements that state permit programs must meet to be determined adequate by the EPA under section 4005(c)(1)(C) of the Resource Conservation and Recovery Act (RCRA or the Act) and the procedures EPA will follow in determining the adequacy of state Subtitle D permit programs or other systems of prior approval and conditions required to be adopted and implemented by states under RCRA section 4005(c)(1)(B). - - 40 CFR Protection of Environment CHAPTER I EPA SUBCHAPTER I -- Solid Wastes -- Federal Register July 9, 2001
Note that the RED in the two graphics is practically the same. This means that in a three year period, NO landfill inspection was made when Section 258.21(a) and (b) law actually applied.
Like a cop who sat in a donut shop all day and then swore he never saw a speeder all day long!
HE IS STILL JUST AS GUILTY OF LYING TO THE PUBLIC TRUST!
A glaring difference between the graphics is on Fridays because NO Friday inspections were ever made.
Friday is when workers must prepare the landfill cover to meet the coming weekend's legal requirements.
DENR officials not only don't know the real cover status over these weekends,
they don't even know what ATTEMPTS were made to provide cover for weekends!
No inspections on WEEKENDS and FRIDAYS. Over 450 weekend days passed without an inspection.
No inspections at NIGHT. Over 1090 nights passed without an inspection.
No inspections on HOLIDAYS. Over 30 holidays passed without an inspection.
These are the ONLY times when 258.21(a) & (b) cover requirements apply yet inspectors were NEVER there.
Not being there when needed is certainly not enforcement and cannot possibly pass the EPA "adequacy test."
On this issue alone, under the provisions of §239.7 (b) the NC DENR, Solid Waste Section has NOT maintained "ADEQUATE" status for the State of North Carolina landfill program at Kersey Valley.
WORSE, THIS LIE WAS DEFENDED IN COURT AS OK BY AN NC ATTORNEY GENERAL'S OFFICE LAWYER, NOT FOR THE GOOD OR SAFETY OF THE ENVIRONMENT, THE PEOPLE,
THE CHILDREN, OR EVEN THE STATE, BUT APPARENTLY JUST TO GIVE OFFICIAL CYA!
October 10, 1993 -- Failure to apply any kind of cover.Violation of § 258.21(a)
The conditions below existed over the entire weekend, three days after Kersey Valley opened!
February 24, 2002 -- Failure of "approved alternative cover" Violation of § 258.21(b)
Failure to control disease vectors (e.g. buzzards.) Violation of § 258. 22 (a), (b) and Failure to control odors.
SELECTED EXAMPLES CHALLENGING HIGH POINT COMPLIANCE WITH § 258.21(a)
AND CHALLENGING CONTINUING ADEQUACY OF ENFORCEMENT BY NC DENR.
This is a cross-section. There are hundreds more examples between these dates.
EXPLANATION #1 for this BOGUS EXCELLENT RECORD
Section 258.21(a) and (b) cover requirements apply after operating hours, i.e. at night, on weekends, and on holidays.
DUMPWATCH examined and compiled all NC DENR Kersey Valley landfill inspection/visit data over a three year period.
Day of week and time of day data were tabulated and put into a graphical form for analysis. It is shown below.
Each graphic represents any typical month and shows the days of the week within that typical month.
Day (working hours) is white. Night and other after work hours during the week is in red. Times are easily estimated.
PERMIT ISSUANCE FACTORS.
Kersey Valley landfill was expanded into Phase 2 and then Phase 3. The NC DENR Solid Waste Section allowed it to continue unchecked. A rubber stamped "done deal," Kersey Valley was immune to its own record.
In spite of graphic pictures we presented the first time, NC DENR officials and the NC Attorney General's office lawyer pretended everything was fine up through and including pro se court action to get their attention.
We don't bother any more because our extensive photos and research and their lack of action and excuses prove it's all a rubber stamped lie stacked against the people, the children, and the environment.
THE KERSEY RULE: It seems KERSEY VALLEY MUST PREVAIL regardless of how badly it is operated.
Our photo archive, available and public for a decade shows that, like Phase 2, NC DENR issued Phase 3 permit with inadquate investigation, impact remedeation requirements, or sanctions to insure proper landfill operations. Photos show unacceptable and illegal conditions similar to Phase 1 and 2 continuing on Phase 3.
WE ASK YOU, THE PUBLIC --
1) Has NC DENR complied with federal EPA §239.7 for Kersey Valley Landfill?
2) Should specific, supervised, public, remedial action and/or sanctions have been taken by NC DENR against High Point before it granted this Phase 3 expansion?
3) Since that did not happen and results are unchanged, is NC DENR conducting an adequate landfill program?
4) Neither the landfill operator nor the enforcer Agency were punished for this. Is it the intent of §239.7 that surrounding residents and children must simply endure the results of some less than "adequate" level?
5) Now a Phase 4 is immenent. Should the data we've collected influence the decision for that permit?
We call on the EPA to step forward and take a hard look
at the NC agency's performance with its "adequate test."
These photos made 6 years after High Point official Perry Kairis insisted, "Waste was not left uncovered."
AND 6 years after NC DENR officials boldly asserted:
"A review of the (DUMPWATCH) photographs shows that there may be a problem with implementaion of the alternative daily cover, not necessarily the facility ignoring cover rules altogether.
The permit contains provisions for demonstration of alternative cover, as well as the use of cover daily.
The Section will closely monitor the City's future compliance with these requirements."
Even with a private citizen's limited time and resources, results are dramatic.
How many years does it take for these professionals to properly "implement" cover of waste?
How many years does it take for these professionals to properly "closely monitor" and act on this?
As for "demonstration of alternative cover," take a look at an entire page devoted to that record HERE
Buzzards feed on weekend alternative cover faillure
Dump buzzards leisurely wander around casually snacking on Kersey Valley exposed garbage on Sunday when it should be covered.
LEFT GRAPHIC -
RED shows when cover is legally required during a month.
Holidays when the facility is closed aren't included and would also be RED.
RIGHT GRAPHIC -
RED shows when inspections were NOT made during month.
No inspections were made on holidays, they'd be RED too.
For further research and verification of your own, copies of these Inspection reports can be obtained by contacting:
For clues to this we went directly to the source, the NC DENR, Solid Waste Section.
We obtained copies of every report filed by inspectors of Kersey Valley over a ten year period.
Considering the conditions seen in the photos above, the results were quite surprising.
Contrary to the photos, the reports indicated Kersey Valley was doing wonderfully. Here is a synopsis:
NC DENR, SOLID WASTE SECTION ENFORCEMENT score:
Number of citations for cover or any other violations? 0
Amount of Administrative Penalties assessed? $0
Number of written warnings issued for ANYTHING? 0
Number of Cover violations mentioned on Inspection Reports? 0
Violations mentioned in any correspondence in Solid Waste File Room? 0
Kersey Valley operating 14 years without the slightest thing wrong might be a world record.
Except the photographs don't support it! And there is more...
To appreciate the flagrance of NC DENR Officials' noncompliance with § 239.7
CONSIDER THE FOLLOWING EXAMPLES of NON-ENFORCEMENT.
A KERSEY VALLEY INSPECTION
Inspections are an EPA requirement for NC to monitor a landfill operator's compliance with the law. Without them, landfill operators are on their own.
At right is an Aug 14, 2000 Kersey Valley inspection report.
It covers different things but it says the following about dust.
"A water truck was observed in operation and there was no road dust resulting from the construction or landfill operations. No violations were noted."
click to enlarge image and read>>>
The inspector wrote that he was on site from 9:30am to 3:00pm. He says he took photos during the inspection. We took our own photos right in the middle of the time when he says he was on site. Below are two of them.
They weren't taken from the landfill. They were taken from our HOME.
We didn't know the inspector was there.
We took photos because the dust was so BAD!
"None are so blind as those who will not see." --old saying
When an inspector does get on site, they must do a critique, not a ride by. They must make an effort to observe or they won't see! This is critical.
The presumption in law is that these forms are accurate and true.
EXPLANATION #3 for this BOGUS EXCELLENT RECORD
Above, we showed lack of cover, lack of inspections, and inadequate inspections. These are on site problems.
Landfills in residential areas require special attention because landfill effects can travel far from the site.
Like everyone, officials know this, that's why they don't want landfills near them or their kids.
HERE ARE SOME OFF SITE EFFECTS OF KERSEY VALLEY DURING AN INSPECTION
December 15, 2004 On this day, we began by photographing some garbage truck spillage pushed to the shoulder by the water truck.
We were photographing these road conditions and other spillage toward one of the landfill gates,
A garbage truck exited in a cloud of dust, even though the roads are paved. Seniors "D" live 20 yards away in the clump of trees directly across the road.
THE STATE LANDFILL INSPECTOR PASSED US AS WE PHOTOGRAPHED
A state inspector visited The inspector continued Past the filth on the road Through the dust bank,
Kersey Valley on this day past the garbage truck into the dust bank drifting around the curve out of
and passed us as they left. that made the dust. toward senior "D"s home. sight. They did not return.
We continued with our
look at road conditions.
A landfill truck cellphoned the boss who came out, sat a bit, got bored and left.
We left a for while. After nearly an hour to take action...
Road conditions did Dust in senior couple "D"s
not change. faces did not change.
IN THIS CASE, NEITHER THE STATE INSPECTOR NOR A HIGH POINT LANDFILL SUPERVISOR TOOK ANY ACTION. NONE OF THIS IS ON THE INSPECTION.
HIGHER ON THE PAGE WE GAVE SCORES OF DENR ENFORCEMENT
THESE ITEMS CAN BE ADDED AS WELL...
Ability of a future researcher to know that these events occurred? 0
Token Wrist Slaps to make it look good? 0
Odds they'd use these flawed inspections in court to defend themselves? 100%
To see more examples of High Point's cover record, go HERE , HERE , HERE, and HERE.
ALL PHOTOS were made AFTER the "end of each operating day" when § 258.21 applies!
REGULATORY AGENCY CREATION --Once North Carolina's program was found to be adequate, the EPA granted this authority to the NC Department of Environment and Natural Resources which in turn designated the NC Solid Waste Section as North Carolina's landfill regulatory and enforcement agency.
FIRST QUESTION:Has the permit holder (owner/operator) for Kersey Valley Landfill, NC Permit 41-04 (City of High Point) complied with Subpart C, Section 258.21(a) and (b) , etc?
REGULATORY AGENCY RESPONSIBILITY -- "ADEQUACY"
The Solid Waste Section, NCDENR must then continue to demonstrate to the EPA, that its oversight and inspections are "adequate to determine compliance" with landfill laws.
§239.7 Requirements for compliance monitoring authority.
(b) A state must demonstrate that its compliance monitoring program provides for inspections adequate to determine compliance with the approved state permit program.
- - 40 CFR Protection of Environment CHAPTER I Environmental Protection Agency SUBCHAPTER I -- Solid Wastes -- Federal Register July 9, 2001
THUS FEDERAL LAW SETS UP A LANDFILL LEGAL HEIRARCHY
COMPLIANCE with 258.21 and other landfill law at Kersey Valley is the responsibility of the City of High Point.
ENFORCEMENT responsibility of that compliance with 258.21 rests with the NC Solid Waste Section, DENR.
High Point's record of compliance at Kersey Valley should be determinable by examining NC DENR official, periodic, inspection forms (DEMONSTRATING CONTINUING ADEQUACY) for violations and enforcement actions.
There is neither violation nor enforcement action listed, suggesting that Kersey Valley has an exempliary record.
Yet, over a period of 13 years, personal experience and an archive of thousands of photographs challenge this.
Perhaps part of the discrepency is interpretation of "cover." The NC Attorney General's office weighed in with,
"The Agency has total discretion to decide what's a violation and how many must occur before taking action."
-- Assistant NC Attorney General Nancy Scott, Mar 17, 1997, Motion Hearing before Judge Morrison
Nevertheless, there must be a limit to discretion if the Agency is to demonstrate the continuing adequacy it is mandated to do. Otherwise the Agency will, at the least, lose its enforcement credibility very quickly.
SECOND QUESTION:Has the permit and operations enforcer for Kersey Valley, (i.e. NC DENR Solid Waste Section) complied with Subpart C, Section §239.7 ?
Roadside diaper
Roadside medical syringe
It turns out this was inspection day at Kersey Valley. The special part is, we were there too. Again we have direct photo evidence of Kersey Valley conditions during an inspection.
Once that form is filed, it becomes the "official truth of Kersey Valley," even if it's wrong.
Again, the NC DENR, Solid Waste Section has NOT maintained "ADEQUATE" status for the North Carolina landfill program at Kersey Valley.
