WQ0002702_Regional Office Historical File Pre 2018 (28)

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NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Certified Mail
Return Receipt Requested
Alchem Incorporated
2042 Buie Philadelpus Rd.
Red Springs, NC 28377
Attention: Randall Andrews
Dear Mr. Andrews:
Coleen H. Sullins Dee Freeman
Division of Water Quality Secretary
June 2, 2009
Subject: Notice of Violation (NOV) and
Notice of Intent (NOI) to Enforce
NOV-2009-PC-0470
WQ0002702, WQ0016338
Recycle System, Monofil
Rockwell, Rowan County
Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental
Management Commission of the Department of Environment and Natural Resources to protect and
preserve the water and air resources of the State. The Division of Water Quality (division) has the
delegated authority to enforce adopted pollution control rules. This letter is a standard notification and is
intended to advise you of the legal requirements under North Carolina law.
On April 30, 2009, staff from the Mooresville Regional Office, Aquifer Protection Section (Ellen
Huffman, Peggy Finley) conducted an inspection of the Alchem facility in Rockwell. During this
inspection, the facility was found to be non -compliant with conditions of the subject permits and the
November 27, 2007, Settlement Agreement. An inspection report is attached and the following points
highlight non -compliant areas:
• Lagoon #3 has not been cleaned out and the liner has not been inspected as per the
November 27, 2007 Settlement Agreement finish date of June 1, 2008.
• An annual report for 2008 for permit WQ0016338 was due on March 1, 2009, and has not
been received by the division as required by Part III, condition 7.
/ • The log that contains pH readings of the water in the lagoons was not available for review at
✓ the time of the inspection. This information was not received by fax as promised.
(WQ0002702 permit condition 13).
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
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Alchem (W00002702/WQ0016838) NOV/NOI
June 2, 2009
Page 2 of 2
Please note that permit WQ0002702 for the industrial water recycle system expires November
30, 2009 and that it is a condition of the permit that the permittee request a renewal by application six (6)
months before the expiration date. The permit renewal was due last month. A copy of the renewal
application was subsequently sent to Mr. Wolcott.
You are required to take any necessary action to correct the above violations and to
provide a written response to this Notice by June 30, 2009. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not
more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
Please note that each day a violation continues may be considered a separate violation, subject to
additional civil penalties.
As a result of the violations described in this Notice this office is considering a recommendation
for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors that should be considered, please send such
information to me in writing within ten (10) days following receipt of this letter. Your response will be
reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director
and included for consideration.
Should you have any questions, feel free to contact me at 704/235-2180 or via email at:
Andrew. [e-mail]
Sincerely,
Andrew Pitner, P.G.
Environmental Program Supervisor
Enclosure: 4-30-09 Inspection Report
Cc: Robert Wolcott, Alchem Incorporated, 8135 Red Road, Rockwell, North Carolina 28138
MRO-APS Files
DWQ-APS Land Application Unit, Raleigh

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Coleen H. Sullins, Director
17
s�
NCDENR
NON -DISCHARGE COMPLIANCE INSPECTION
Recycle,System & Bauxite Residuals Monofill
GENERAL INFORMATION
Owner: Randall Andrews County: Rowan
Project Name: Alchem, Inc.
Permit No. WQ0002702 Issuance Date: Dec. 28, 2004 Expiration Date: Nov. 30, 2009
Permit No. WQ0016338 Issuance Date: Dec. 28, 2006 Expiration Date: Nov. 30, 2011
Permittee Contact: Bob Wolcott, Operations Mgr. Telephone No. 704/279-7908
Reason for Inspection
X ROUTINE COMPLAINT X FOLLOW-UP OTHER
Inspection Summary:
This inspection has concluded that ALCHEM is non -compliant with conditions in both subject
permits.
Staff from the Mooresville Regional Office, Aquifer Protection Section (Ellen Huffman, Peggy
Finley) conducted a bi-annual inspection on April 30, 2009. Site managers Bob Wolcott and
Jason De Saito were present.
Alum production is reported to be down and Mr. Wolcott stated that they plan to get out of the
alum production business by the end of the year. Lagoon #3 has still not been cleaned out
hence, the liner has not been inspected as per the November 27, 2007 Settlement Agreement
finish date of June 1, 2008. It is stressed that the clean out of # 3 lagoon be properly
documented with details of when bauxite is removed from #3 lagoon, how much material is
disposed, and where it goes, with a final report submitted to the MRO/APS that details the
removal and disposal of.the spent bauxite.
Future records of alum batches will need to include similar documentation' including batch date,
amount of spent bauxite to lagoon (identified by number) in order to create an annual report per
permit WQ0016338 part III, condition 2,3,4,5, and 6 with some accuracy of spent bauxite activity
on site.
continued.
Is a follow-up inspection necessary X yes no
Date of inspection April 30, 2009

ALCHEM inspection April 30, 2009
Page 2
Inspection Summary continued:
Please note that an annual report (2008) for permit WQ0016338 was due on March 1, 2009 and
has not been received by this office as required by Part III, condition 7.
All three lagoons do not have any protective vegetation for erosion control.
Mr. Wolcott stated that he has had difficulties with wet and dry weather creating mud and/or
dust. He also stated that he thought about mulching the entire area. It may be prudent to speak
with Lloyd Pace, Rowan County Erosion Control, 704/202-6642, for assistance with this issue.
Mr. Wolcott also stated that he is considering building a pond near the area where the City water
pipe comes onto the property. After discussion with Surface Water staff, it was concluded that
this activity probably needs a 401 permit and was advised that Mr. Wolcott obtain an
environmental engineer for feasibility of such a project.
Permit WQ0002702 expires in November 2009. Mr. Wolcott was advised that a renewal
request needs to be submitted by May. A copy of the renewal application was
subsequently sent to Mr. Wolcott.
Treatment
Residuals Storage Lagoons
Lagoon #1 is not receiving spent bauxite at the moment in order to allow its present contents to
dry out. Lagoon #2 is currently receiving spent bauxite from the reactor. Lagoon # 3 has not
been cleaned out and the liner has not been inspected as required by the 2007 settlement
agreement. It was noted during the inspection that a backhoe was being used to maintain
proper freeboard by pushing the spent bauxite away from the inner lagoon walls.
Despite efforts to establish a vegetative cover on the outer walls of the lagoons, they remain
effectively devoid of such vegetation for erosion control. See comments in inspection summary.
Transport of Residuals
As stated earlier, # 3 lagoon has not been cleaned out as required by the 2007 settlement
agreement. It was stressed. that detailed records of the clean out be kept and a final report
issued to the MRO upon completion.
Residuals Fill Area and Storm -water Basin
As noted in the photos below (next page), most of the fill area has been graded to meet berm
level. Piles of dirt for on -site use have been stored on the top of the upper level of the fill area
and sits on top of what is thought to be old spent bauxite. It appears that there is not much fill
area left due to extensive grading activity in the fill area over the past 12 months. A new site life
of the fill area will need to be re -calculated before the fill area can be used for disposal of spent
bauxite from lagoons 1 and/or 2 only.

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Recordkeeping
A review of the log that documents pH readings at the end of reactor batches indicated that pH
values are now 6.0 or higher. The log that contains pH readings of the water in the lagoons was
not available for review at the time of the inspection. This information was not received as of the
date of this report.
Compliance Monitoring
Groundwater monitoring reports have not been submitted on schedule over the year but Mr.
Wolcott reported that GW-59s for the April event had recently been submitted to the division.
Please note that permit WQ0002702 for the industrial water recycle system expires
November 30, 2009 and that it is a condition of the permit that the' permittee request a
renewal by application six (6) months before the expiration date. The permit renewal was
due last month.

0 r�^*nPlete items 1, 2, and 3. Also complete
if Restricted Delivery is desired.
0 Print your name and address on the reverse
so that we can return the card to you.
IN Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Randall Andrews /�-7
Alchem, Inc,
2042 Buie Philadelpllus Rd.
Red Springs NC 28;77
A. Signature
❑ Agent
❑ Addre
B. eceiv! nted Nam 0. Date of Deli
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D. Is dell' ry address different from item 17 Eles
If YES, enter delivery address below: ❑ No
3. Service e
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❑ Registered for Merchandise
❑ Insured Mail ❑ C.O.D.
2. Article Number 7008 1140 0002 ' u Yes
(transfer from servlde label) 2 717 6576
PS Form 3811, February 2004 Domestic Return Receipt
102595-02•M-1540
7008 1140 0002
2717 6576
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F1_'._LE
CDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Certified Mail
Return Receipt Requested
Alchem Incorporated
2042 Buie Philadelpus Rd.
Red Springs, NC 28377
Attention: Randall Andrews
Dear Mr. Andrews:
Coleen H,Sullins
Director,, Division of Water Quality
Dee Freeman
Secretary
July 23, 2009
Subject: , Addendum to
Notice of Violation (NOV) and
Notice of Intent (NOI) to Enforce
NOV-2009-PC-0470
W00002702, W00016338
Recycle System, Monofil
Rockwell, Rowan County
Chapter 143,.North Carolina General Statutes, authorizes and directs the Environmental
Management Commission of the -.Department of Environment and Natural Resources to protect and
preserve the water and air resources of the State. The Division of Water Quality (divisiori) has the
delegated authority to enforce adopted pollution control rules. This letter is a standard notification, and is
intended to advise you of the legal requirements under North Carolina law.
On April 30, 2009, staff from the Mooresville Regional Office, Aquifer Protection Section (Ellen
Huffman and Peggy Finley) conducted an inspection of the Alchem facility in Rockwell. During this
inspection, the facility was found to be non -compliant with conditions of the subject permits and the
November 27, 2007, Settlement Agreement. , The inspection report previously sent to you did not include
notice that the permit condition regarding freeboard in Lagoon #3 had not been properly maintained. A
file review notes that this violation has been documented in the inspection dated December 5, 2006, and
is an on -going violation. It was also noted that the fill area has been extensively graded. This activity
has made the previously submitted site -life report invalid. To summarize and re -iterate the areas of non-
compliance:
• Permit WQ 0002702, Condition 10 requires that freeboard in all lagoons shall not be less than
two feet at any time. Lagoon #3 does not have adequate freeboard in that bauxite residuals have
exceeded capacity and are piled several feet above the elevation of the lagoon walls. This
violation continues to exist because the lagoon has not been cleaned out and the liner inspected
as per the November 27, 2007 Settlement Agreement completion date of June 1, 2008.
610 East Center Avenue, Suite 301, Mooresville, Forth Carolina 28115 One
Phone: [phone] FAX:[phone] Internet: www.ncwaterquality.org NOrlhCarolina
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Alaftw-'alli'

y
FROM : FAX NO. : Mar. 03 1999 12:58AM P1
ALCHEM, INC.
Corporate Office
2042 Ruin. PhiladelphwE Road arcs and 1ylanu135 Red oad
Red springs, NC 28377 Rockwell,�NC 8i�g8
Tel. 9 io-843-2121 - 800-5522-2944 Tel. [phone] -- 800-462-2586
Pax 910-843-5789 Fax [phone]
[e-mail]& woleott_r(gyahoo.com
July 31, 2009
Mr. Andrew Pitner
Regional Environmental Supervisor
NCDENR Division of Water Quality
Mooresville Regional Off -ice
610 East Center Ave.
Suite 301
Mooresville, NC 28115
Addendum to NOV-2009-PC-0470
Dear Mr. Pitner:
Bob Wolcott has indicated to me that ALCHEM has furnished you with all of the reports
and information covered in your letter of. July 23. Would you please let me know as soon
as possible if everything has not been covered.
Best regards,
ALCHEM, INC.
Randall F. Andrews,
President — --
ams

ATT.- ANDREW PITNER

ep,
June 30, 200
,r
NCDENF
610 East Center Drive
Suite 301
Mooresville, NC
8136 RED RD
ROCMftEL L, WC 281138
Phone:[phone]
Fax:[phone]
E-mail: [e-mail]
Dear Mr. Pitner,
This letter is in response to the Letter of Inspection dated June 2, 2009.
ITEM 1 (Lagoon 3)
- -
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I 5-Fi. MR0
DWQ -Aquifer Protedon
In response to the NOV dated June 2, 2009, Lagoon #3 at the time of the inspection Lagoons 1 & 2 were cleaned out completely and
Lagoon #3 was 50% cleaned. Lagoon #3 does have 6 feet of Freeboard vertically and 40 feet horizontally, this has not changed since
June 1, 2008. As for the rest of the clean out of Lagoon #3 and the inspection by Gary Riblett from Delta Environmental is expected
to begin within the next 2 weeks with an anticipated completion date of September 1, 2009. This includes clean out and certification.
I would also like to state for the record this work on Lagoon #3 was not completed by the June 1, 2008 dead line due to weather and
moisture content of the lagoon. In short the material in the lagoon was not able to be handled, having the consistency of oatmeal.
Now due to the Summer and heat it is now dry enough to move with our equipment. _ir ;
ITEM 2 (Permit Renewal) 11
For the late submission of the renewal for Permit # WQ0002702, Industrial Water Recycling System, there is no excuse for this and I
take full personal responsibility. Mrs. Peggy Finley was kind enough to send me another copy of the application. That I again mis-
placed, however I have obtained another copy which will be completed and turned into the DWQ Mooresville Office by August 6,
2009.
ITEM 3 (PH Log Reports)
This information was not available at the time of the inspection because Trent Tidwell had taken the binder containing the information
home and was out sick for several days afterward. Jason DeSiato was responsible for faxing this information to Mrs. Peggy Finley
which was not done. I was not aware that this had not been done, for this I apologize to Mrs. Finley. In the packet you have received
this information is now submitted.

ITEM 4 (Vegetative Cover on all Lagoon Berms)
As there is no green vegetative cover on the Lagoon Berms, ALL berms do have Erosion Control Blankets installed on all bermed
areas. Though we have tried to grow grass, the area is just to large and vast to keep a constant maintenance and keep grass grow-
ing . I have submitted to the DWQ Mooresville Office several thousands of dollars worth of receipts for grass seed, straw and lime.
However our efforts to grow vegetative cover have been futile. I do want to reiterate that ALL berms do have Erosion Control Blan-
kets.
In closing I would once again like to apologize for the delay in the permit renewal, late submission of the PH reports and the delay in
responding to your Inspection Report.
If you have any further questions or would like to speak to me, please call at anytime 704-213-9436.
Sincerely
Robert Wolcott
Vice President

'LE
RCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director, Division of Water Quality Secretary
October 13, 2009
Certified Mail
Return Receipt Requested
Alchem Incorporated
2042 Buie Philadelpus Rd.
Red Springs, NC 28377
Attention: Randall Andrews
Subject: Additional Information Request for
Notice of Violation (NOV) and
Notice of Intent (NO[) to Enforce
NOV-2009-PC-0470
Permits # WQ0002702, W00016338
Recycle System, Monofil
Rockwell, Rowan County
Dear Mr. Andrews:
Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental
Management Commission of the Department of Environment and Natural Resources to protect and
preserve the water and air resources of the State. The Division of Water Quality (division) has the
delegated authority to enforce adopted pollution control rules. This letter is a standard notification and is
intended to advise you of the legal requirements under North Carolina law.
On August 4, 2009 our Office received your responses to NOV-2009-PC-0470. The responses
received are:
I. The 2008 Annual Residual (spent bauxite activity tracking) Report,
II. The pH report for lagoons 1, 2, & 3.
III. On September 25, 2009 our Office received An Engineering Report from DELTA for the liner
inspection for lagoon #3.
Further information is needed for all three submittals to complete a compliance review. Please address
the following items:
The annual report for 2008 did not have complete monitoring records, specifically:
• Spent bauxite residual analyses for metals as required in condition 111.3 of WQ0016338.
• . TCLP analyses as required in condition 111.4 of WQ0016338.
Records for dated freeboard measurements as required in condition 111.6a of WQ0016338
Records of cumulative volume of residuals in gallons or cu. yds. excluding freeboard
(lagoon) as required in condition 111.6d of WQ0016338
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
Phone: [phone] FAX: [phone] Internet: www.ncwaterquality.org NorthCarolina
An Fnual Onoortunitv 1 Affirmative Action Emolover— 506/. Recycled 110% Post Consumer Paoer V, / f ir171 f1

Alchem P00002702/wQ0016338) NOV/NOI - additional information request
Oct. 13, 2009
Page 2 of 2
•:N•;_Rediords f disposal for spent bauxite in lagoons 1 and 2 cleanout prior to the final liner
inspection as required by condition 111.2 a & b of Permit WQ0016338 the 2007 settlement
agreement item 1.d.
• Records of remaining volume in the surface disposal unit in gallons or cubic yards
excluding freeboard and calculation of remaining disposal life in disposal unit in years
(lagoon) as required in condition 111.6e and 111.6f of permit WQ0016338.
pH reports for lagoons 1,2, and 3. Engineering records submitted to us indicate lagoons #1 and
#2 being cleaned and liner inspected in June of 2008. The 2008 annual report indicates lagoon
#1 receiving spent bauxite starting June 20, 2008. No batch pH readings were submitted for the
spent bauxite sent to lagoon #1 for June, July, August, September, or October 2008. A review of
the pH log requested during the inspection and submitted with the annual report reflects
significant discrepancies of the pH of the spent bauxite going into the lagoon and the pH of the
water in the lagoon. Please explain why there is such a difference in the pH.
III. Inspection of lagoon #3; although documentation of the inspection of the liner is complete,
documentation of the volume and the disposal location of lagoon content has not been submitted
as required by the 2007 settlement agreement item 1.d and Permit W00016338, condition 111.2 a
& b. Please send is this documentation.
Please provide a written response to this request for additional information by October 30, 2009.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division .of Water Quality who may issue a civil penalty assessment of not
more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
Please note that each day a violation continues may be considered a separate violation, subject to
additional civil penalties.
As a result of the violations described in this Notice, this office is considering a recommendation
for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors that should be considered, please send such
information to me in writing within ten (10) days following receipt of this letter. Your response will be
reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director
and included for consideration.
Should you have any questions, feel free to contact me at 704/235-2180 or via email at:
[e-mail]
Sincerely,
�A/-r
Andrew H. Pitner, P.G.
Environmental Program Supervisor
Cc: Robert Wolcott, Alchem Incorporated, 8135 Red Road, Rockwell, North Carolina 28138
MRO-APS Files
DWQ-APS Land Application Unit, Raleigh
Anita LeVeaux, AG Office

S Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
2 Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Randall Andrews
Alchem, Inc.
2042 Buie Philadelphus Rd.
Red Springs NC 28377
A. $jgnature
1(`\�J� ❑ Agent
❑ Addressee
B. eceived. (Pried Name) C. Date of Delivery
WJ L/hK
D. Is del'ory address different from item 1? U Yes
If YES, enter delivery address below: ❑ No
3. Sery ype
IT -Certified Mail ❑ Ex s Mail
❑ Registered eturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7008 1140 0002 2717 6934
(Transfer from service raoey
PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M-1540
7008 1140 0002
2717 6934
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10/30/2009' 09:55 9107070319 DENISE WOLCOTT PAGE 01/02
ALCHEMINC
$135 RED RD,
ROCKWELL, NC
Fax [phone]
704-279-7908
Attention:
Fax: () 171)
1 r ' � r
Phone: ( )
EXT:
Comment:
Urgert[3 Reply Cl Reviews' PARS 0
d �
M.• A t � . � �
From: DENISE WOLCOTT
OFFICE MANAGER
Date: 10
V - 3C), 2_c)o l
phone: E
DY- a13-qq3�p
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w 4on1,e h un7 ber
Total Pages Sent: { )

A -;A
NCDENR-
North Carolina Department of Environment and Natura
Beverly Eaves Perdue
Governor
Alchem Incorporated
2042 Buie Philadelpus Rd.
Red Springs, NC 28377
Attention: Randall Andrews
Dear Mr. Andrews:
Coleen H. Sullins
Director, Division of Water Quality
Resources
Dee Freeman
Secretary
November 5, 2009
Subject: Extension Request for
Additional Information Request for
Notice of Violation (NOV) and
Notice of Intent (NOI) to Enforce
NOV-2009-PC-0470
Permits # WQ0002702, WQ0016338 '
Recycle System, Monofil
Rockwell, Rowan County
We are in receipt of faxed letter responses of October 27, 2009, from you and of October 30,
2009, from Bob Wolcott. Based on these responses and the request for additional time, the Division of
Water Quality will extend the due date to respond to the subject additional information request to
November 19, 2009. No additional extensions will be granted.
Should you have any questions, feel free to contact me at 704/235-2180 or via email at:
Andrew. [e-mail]
Sincerely,
Andrew H. Pitner, P.G.
Environmental Program Supervisor
Cc: Robert Wolcott, Alchem Incorporated, 8135 Red Road, Rockwell, North Carolina 28138 (also by fax)
MRO-APS Files
DWQ-APS Land Application Unit, Raleigh
Anita LeVeaux, AG Office
1h
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
Phone: [phone] FAX: [phone] Internet: www.ncwaterquality.org NorthCarolina
An Eaual O000rtunity 1 Affirmative Action Employer— 50% Recycled \ io% Post Consumer Paper

ALCHEM response review notes-E.H.
August 2009
Issues sited in NOV/NOI June 2, 2009 and summary of ALCHEM response:
1. Lagoon #3 has not been cleaned out and the liner has not been inspected as per the
November 27, 2007 Settlement Agreement finish date of June 1, 2008.
Response review: ALCHEM stated that lagoon #3 is 50% cleaned out. Photos from the
most recent inspection show piles of sand still in lagoon # 3. If ALCHEM has done any
spent sand removal, they have not submitted documentation to where any of the
residuals leaving the facility for disposal have gone. ALCHEM has known the
importance of documenting where the spent bauxite goes as stated in the response
dated March 24, 2008 to the NOV issued Feb.21, 2008.
2. An annual report for 2008 for permit WQ0016338 was due on March 1, 2009, and has
not been received by the division as required by Part III, condition 7.
Response review: The 2008 Annual Report was submitted for WQ0016338 as a part of
the NOV response. The report does not include the data required by the permit.
Specifically:
• No spent bauxite residual analyses for metals as required in 111.3 .
• No TCLP analyses as required in 111.4.
• No records submitted for 111.6 a - dated freeboard measurements,
• 111.6d — cumulative volume of residuals in gallons or cu. yds. excluding freeboard
(lagoon),
• 111.6e — remaining volume in the surface disposal unit in gallons or cubic yards
excluding freeboard, and 111.6f - remaining disposal life in disposal unit in years
(lagoon).
• Hauling records of spent bauxite for off -site disposal as required by Wg0016338
111.2b.
3. The log that contains pH readings of the water in the lagoons was not available for
review at the time of the inspection. This information was not received by fax as
promised. (WQ00.02702 permit condition 13).
Response review: An inspection report for Lagoons 1 & 2 submitted by IDIELTA for
ALCHEM reported Lagoon #1 and #2 being totally cleaned out and the liners tested on
June 10, 2008. Production records indicate lagoon #1 being used starting June 20,
2008. There were no pH readings submitted for all the spent sand from production
batches sent to lagoon #1 for June, July, August, September, or October (95 batches of
spent bauxite), however, lagoon pH readings for lagoon #1 for the same period reflect
pH readings of 3.40, 3.42, 3.41, 3.44, 3.45, 3.42, 3.45.
This indicates that the pH of the spent bauxite after production was not being adjusted
to 6.0 S.U. prior to the spent bauxite being sent to lagoon #1 after cleanout. The 2008
annual report submitted indicated daily batches being processed and only weekly ph
data being taken. Several months of production, May 28, 2008 through October 21,
2008, had no pH readings at all. Report indicates 95 batches @ 20 tons each,
produced with no pH readings.
4. A permit renewal was due in May 2009.
Alchem's response stated that a renewal would be submitted to the RMO by August 6,
2009. This office as well as Central Office, has not received anything from ALCHEM
regarding the renewal of permit WQ0002702.

W, VP
The above response was due June 12, 2009. Response was received August 4, 2009.
The Addendum to the NOV/NOI dated July 23, 2009 added:
4. Permit WQ 0002702, Condition 10 requires that freeboard in all lagoons shall not be
less than two feet at any time. Lagoon #3 does not have adequate freeboard in that
bauxite residuals have exceeded capacity and are piled several feet above the elevation
of the lagoon walls. This violation continues to exist because the lagoon has not been
cleaned out and the liner inspected as per the November 27, 2007 Settlement
Agreement completion date of June 1, 2008.
Response was due August 6, 2009. Response received August 4, 2009.
Response review: Freeboard response to MRO is not factual. Response indicated that clean -
out activity for lagoon #3 as 50% completed and currently has 6 feet of freeboard vertically and
40 feet horizontally and that this has not changed since June of 2008. The 2008 annual report
indicates that Lagoon #3 has been used for production disposal of sand in March, April, May,
and June of 2008. File indicates records of 14 loads (22.5 tons each) documented sent to IAC
in January 2008. There is no documentation for disposal of sand for the Feb. -June 2008 time
period, as required by the Nov. 2007 settlement agreement.
File photo lagoon #3 April 2009
The records received for lagoon pH and temp readings (Peggy Finley) reported readings of
samples identified as R/R acid and R/R bauxite and in some cases, sand. Staff is unsure what
these readings are for. Records submitted date back to February 2007. The intervals of pH
readings vary from month to month. There are no records for All of January 2008 and only 1
week documented for February 2008.
September 25, 2009 — a report for lagoon liner testing was received. No records of spent
bauxite hauling were submitted with this report. In the report the engineer remarks state that
only the work requested by the client is contained in the report.

F WATF
L) R
ED
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O „ �
Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
February 21, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Alchem, Inc.
2042 Buie Philadelphus Road
Red Springs, North Carolina 28377
Attention: Julia M. Andrews, Registered Agent
RE: Inspection Report and Notice of Violation
with Recommendation for Enforcement
NOV-2008-SC-0134
Non -discharge Permit No. WQ0002702
Industrial Recycle -Bauxite Process and,
Non -discharge Permit No. W00016338
Bauxite Residuals Monofill
Alchem - Red Road Plant
Rockwell, Rowan County
Dear Ms. Andrews:
On January 29, 2008, staff from the Aquifer Protection Section (APS) conducted a follow-up inspection of
your facility. As you are aware, a previous inspection was conducted on December 6, 2007. Enclosed
you will find a report for the January inspections covering the subject permits as well as the Settlement
Agreement, which was filed on November 27, 2007.
At the time of the inspections, it was evident that some of the much -needed work had been
accomplished and that other site improvements were in progress. The Division appreciates this effort,
however, there are conditions in violation of the subject permits as well as the Settlement Agreement.
SETTLEMENT AGREEMENT CONDITIONS
This office wishes to emphasize the condition that is in violation as well as upcoming deadlines and items
that were established in that agreement:
Within 30 days of the execution of this Agreement, Petitioner will immediately create two (2)
feet of freeboard space in all storage lagoons. Additional bauxite residuals must be disposed
of in a manner consistent with Water Quality General Statutes and the relevant rules
promulgated thereunder or applicable Solid Waste Statutes and the relevant rules
promulgated thereunder. The Agreement was filed on November 27, 2007. Site conditions
related to freeboard on January 29, 2008 were in violation of this condition.
2. Petitioner shall inspect and repair all three storage lagoons on site by June 1, 2008, with site
work monitored, tested and certified by a licensed professional engineer to ensure proper
construction. As of January 29, 2008, considerable progress has been made towards
cleanout of Lagoon 2; Lagoons 1 and 3 remain overfilled.
NorthCarohna
I'aturally
Division of Water Quality / Aquifer Protection Section ! Mooresville Regional Office Phone: [phone] Fax: [phone]
610 East Center Street Suite 301, Mooresville, NC 28115 Customer Service 1-877-623-6748 Internet: www.ncwatergualitv.org

Alchem NOV/NRE
February 21, 2008
Page 2 of 3
3. On or before June 1, 2008, the Petitioner will install sampling ports in the pipes between the
wash system and the storage lagoons. Additionally, Petitioner will provide sampling data to
the Mooresville Regional Office of DWQ that the bauxite residuals being transferred from the
wash system to the mixer and/or storage lagoons and eventually to the berm fill area, have
achieved the prescribed pH level. As of January 29, 2008, no sampling ports have been
installed, no mixer has been installed, and it is not apparent that the process has been fixed
to achieve prescribed pH levels.
Permit # WQ0002702- inspection findings related to permit conditions
Freeboard in all of the lagoons shall not be less than two feet at any time (also per the Settlement
Agreement, this shall be accomplished by December 27, 2007, and maintained beyond that time).
Freeboard in all three lagoons is still less than the required two feet, though significant cleanout
has occurred at lagoon #2 and some trenches were created around the edges of the other
lagoons.
2. Waste -level gauges, to monitor levels in the settling lagoons shall be installed within 60 days of
issuance of this permit. We feel this is implicit in the above freeboard requirement and will work
with you regarding their installation during lagoon clean outs. We expect that permanent gauges
will be installed as the lagoons are repaired.
3. A protective vegetative cover shall be established and maintained on the earthen embankments
around lagoons #1, 42 and #3, berm, pipe runs, erosion control areas and surface water
diversions. Vegetation exists in some, but not all of these areas.
4. Within 90 days of permit issuance, the recycle system shall be required to keep the recycled
water at a pH of not less than 6.0 Standard Units as it leaves the wash area and goes to the
storage lagoon. Lagoon 3 was actively receiving slurry at the time of the inspection. This also
relates to the Settlement Agreement condition regarding sampling ports and onsite residuals
transfers.
5. During cleanout of the lagoons, a pH reading shall be taken and documented for every load of
material removed from the lagoon. This documentation shall be conveyed to the Division within
(30 days) of the cleanout. This item is related to the Settlement Agreement items of creation of
freeboard and lagoon inspection and repair. During the inspection, records were provided for
loads removed from the site to Southern States and to Industrial and Agricultural Chemicals, Inc.
Permit # W00016338- inspection findings related to permit conditions
The stormwater basin water retention footprint should extend only to the extent of the berm area
that has been re -enforced to retain stormwater as reflected in the as -built drawings. Water in the
basin should not be stored beyond that point of the berm as noted in the Delta Engineering report
dated June 15, 2007 (see figures tab). During the January inspection, it was noted that water is
ponded in areas extending northward beyond the reinforced stormwater basin. It also appeared
that the berm was allowing seepage from one location in the reinforced area and in other areas
beyond the reinforced area where the berm had been reconstructed. This indicates that the berm
is not functioning as proposed. See attached photos.
2. It has been noted that area rain records do not support the amount of water currently collected in
the stormwater basin. The stormwater basin, which collects rainwater from the fill area, may be

Alck:eM NOWNRE
February 21, 2008
Page 3 of 3
used as a source for makeup water in the water recycle system but it is not a part of the wash
water/recycle system. No water other than stormwater is allowed in the stormwater basin.
Please be advised that this Office is considering sending a recommendation for enforcement
action to the Director of the Division of Water Quality for the above mentioned violations of Non -
discharge Permits #WQ0016338, #WQ0002702, .and the Settlement Agreement. If you have an
explanation for the violations that you wish to present, please include it in the requested response. Your
explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation
will be forwarded to the Director along with the enforcement package for his consideration.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per violation, per day
when the violation is of a continuing nature, against any person who fails to abide by the conditions of
the permit (G.S. 143-215.1).
It is requested that you respond in writing to this Notice indicating ALCHEM's plans to correct
these violations. The plan should detail restoration activities (with specific timelines for completion) and
measures you will take to prevent recurrence. Please address your response to Ms. Ellen Huffman by
no later than March 21, 2008.
The enclosed -inspection report should be self-explanatory. Should you have any questions,
please call me at 704/235-2180.
Sincerely,
Andrew H. Pitner, P.G.
Regional Environmental Supervisor
Enclosure: Inspection Report
Cc: Bob Wolcott, Chief Operations Mgr., Alchem, Inc., 8135 Red Road, Rockwell, NC 28138
Kim Colson, P.E., Supervisor — APS Land Application Unit
Gary Riblett, P.E., Delta, 8008 Corporate Center Drive, Suite 100, Charlotte, NC 28226
Stormie Forte, Asst. Attorney General
H. Addison Winters, The Yarborough Law Firm, P.O. drawer 705, Fayetteville, NC 28302

State of North Carolina
®epartment of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
NON -DISCHARGE COMPLIANCE INSPECTION
Recycle System & Bauxite Residuals Monofill
GENERAL INFORMATION
City/Town/Owner: Randall Andrews County: Rowan
Project Name: Alchem, Inc.
Permit No. WQ0002702 Issuance Date: Dec. 28, 2004 Expiration Date: Nov. 30, 2009
Permit No. W00016338 Issuance Date: Dec. 28, 2006 Expiration Date: Nov. 30, 2011
Permittee Contact:. Bob Wolcott, Operations Mgr. Telephone No. 704/279-7908
Reason for Inspection
ROUTINE COMPLAINT X FOLLOW-UP OTHER
Inspection Summary:
Staff from the Mooresville Regional Office, Aquifer Protection Section (Andrew Pitner, Ellen
Huffman, Peggy Finley and Kevin Bubak) conducted a follow-up inspection on January 29,
2008. Current site managers Bob and Jason Wolcott were also present.
Cleanout of one lagoon continues but the facility'is still not in compliance with elements of the
settlement agreement.
Laboratory certification for field parameters needs to be obtained from'the DWQ Laboratory
Certification Branch.
Stormwater berm is not functioning as proposed.
Is a follow-up inspection necessary X yes no
Date of inspection January 29, 2008

ALCHEM inspection January 29, 2008
Treatment
Page 2
It is unclear that the water washing process was ever installed as previously stated. The water
washing process (currently described as taking place inside the reactor after batch production)
is still producing recycle water that has a pH of <4.0. New management (as of November
2007), has neutralizing chemicals on site, however, they are currently not using them.
Depending on the design of a new process, a permit modification request may be necessary.
Residuals Storage Lagoons
The freeboard in all three lagoons is still less than the required two feet. Lagoon #1 is still
overfilled and mounded with bauxite residuals. It is evident that a large amount of material has
been removed from lagoon #2. Lagoon #2 is currently not being used. The trench that was
behind lagoon #2 has been filled as requested. Lagoon #3 is full and is still receiving slurry via
a hose. Trenches in the material have created some freeboard for this lagoon since the last
inspection (Dec. 6, 2007). See attached photos.
Waste level gauges have not been installed. A vegetative cover around the lagoons has not
been established.
The clay liners have not been inspected or repaired because none of the lagoons have been
cleaned out (deadline is June 1, 2008, per the Settlement Agreement).
An active water supply well is located less than 100 feet from lagoon #1.
Transport of Residuals
Billing records indicate that spent bauxite has been hauled off -site to Industrial and Agricultural
Chemicals, Inc., and to Southern States, Statesville, NC.
A spill plan (required for transport) was not reviewed during this inspection but there should be a
copy of such a plan in each transport vehicle. The transport vehicle(s) were not inspected for
proper maintenance. The current manager, Bob Wolcott, stated that federal rules does not
require him to do so, however, permit condition 1-11 has provisions for transport and best
management practices, which include a spill plan, can be found under the General Statutes 15A
NCAC 02T .1110 (attached).
Residuals Fill Area
Much grading has been done in the fill area. The work is consistent with the work plan that was
submitted to the regional office. Management stated that the cement pad and storage tanks,
recently built in the disposal area, are going to be torn down and rebuilt.
Stormwater Basin
The recently reconstructed stormwater basin, which collects rainwater from the spent bauxite fill
area, may be used for makeup water in the water recycle system (but it is not a part of the wash
water/recycle system). Photos of the lagoon on January 29, 2008 show that water levels are
much higher than in December 2007. At the time of the inspection, it was

ALCHEM inspection January 29, 2008
Page 3
apparent that the impounded water extended farther to the north than the engineered portion of
the berm. Current management reported that the pH remains in a range <4.0.
Evidence of seepage at the base of the berm was visible on the backside of the berm indicating
failure of the newly repaired/reinforced section as well as water seepage through the old (un-
reinforced) section that was not approved to hold back stormwater.
Recordkeeping
Documentation was provided on the volume and pH of the bauxite residuals that have been
removed from lagoon #2. Comments on the documentation related to the disposal of these
residuals have been made under Transport of Residuals.
Groundwater Monitoring Wells
Review of report forms GW-59 and the associated lab reports have been submitted on
schedule, but form GW-59A has not been included. The groundwater samples are being
analyzed for the required parameters but there has been significant variability in the reported
concentrations of those parameters. There has also been variability between the results
obtained from samples collected by Alchem staff and those collected at the same time by
regional office staff. .
The monitoring wells are not identified in accordance with the permit. The new well, which was
installed upgradient of the lagoons, should be identified as MW-3. MW-1 is the well nearest
lagoon #3 and MW-2 is the well nearest lagoon #2. Compliance reports indicate that the wells
are not being sufficiently purged prior to sampling. This may be a factor in the variable sampling
results that have been reported. Based on data collected since the wells were installed in July
2002 and up to the present, the pH concentrations in both MW-1 and MW-2 have decreased
from an average 5.5 to 4.5 S.U. This suggests that the groundwater has been impacted by the
permitted activities.
Compliance Monitoring
Alchem does not have field parameter certification from the DWQ Laboratory Certification
Branch for groundwater and lagoon sampling or pH.
Confusion exists as to the designation, location and depth of the on -site water supply wells.
Bob Wolcott agreed to provide a map with the location of all on -site water supply wells, as well
the as their depth and status.
Complaints
This office has received telephone calls and e-mails from a neighbor who has concerns about
the impact of Alchem's operations on local air and water quality. Regional office staff has
responded by collecting groundwater samples from water supply wells in the area surrounding
the facility.

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Lagoon # 1 Jan 29, 2008

" ENR —ENVIRONMENTAL MAAIAGEMENT 09101106
closure plans shall be submitted to the Division at least 180 days prior to the date that a surface
disposal unit is to be closed and shall include the following information:
(A) how the surface disposal unit will be closed;
(B) a discussion of how the leachate collection system will be operated and maintained, if
applicable;
(C) a description of the system used to monitor the air for methane gas in the air in any structures
within the surface disposal unit boundary and at the property line of the surface disposal unit,
if applicable;
(D) a discussion of how public access to the surface disposal unit will be restricted; and
(E) proof that the deed for the surface disposal unit property has been amended to provide
permanent written notification to subsequent owners of the property that the property was
used for the purposes of operating a surface disposal unit.
Hist07yNote: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1110 OPERATION AND MAINTENANCE PLAN
An Operation and Maintenance Plan shall be maintained for all residuals management programs. The plan shall:
(1) describe the operation ofthe program and any associated facilities and equipment in sufficient detail to
show what operations are necessary for the program to function and by whom the functions are to be
conducted;
(2) describe anticipated maintenance of facilities and equipment that are associated with the program.
(3) include provisions for safety measures including restriction of access to the site and equipment, as
appropriate; .
(4) include spill control provisions including:
(a) response to upsets and bypasses including control, containment, and remediation; and
(b) contact information for program personnel, emergency responders, and regulatory agencies;
(5) detail procedures for sampling and monitoring to ensure that the program stays in compliance with this
Section and any issued permit; and
(6) for surface disposal units, detail procedures for post -closure care management.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006
15A NCAC 02T .1111 MONITORING AND REPORTING
(a) Representative samples of residuals that are prepared for application to the land or placed in a surface disposal unit
shall be collected and analyzed.
(b) The analytical methods listed in 40 CFR 503.8(b) as stated on January 1, 1996 shall be incorporated into this Section
by reference.
(c) Residuals applied to the land or placed in a surface disposal unit shall be monitored for pollutants as listed in Rule
.1105(a) and Rule .1105(d) of this Section as well as Rule .1106 and Rule .1107 as applicable at the frequency as
stipulated in the following:
Metric Tons per 365 day period Monitoring Frequency
(Dry Weight Basis)
Greater than zero but less than 290 Once per year
Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year)
Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year)
Equal to or greater than 15,000 Once per month (12 times per year)
(d) A report of all monitoring and reporting requirements as specified in the permit shall be submitted to the Division by
the permittee annually on or before March 1st of each calendar year.
(e) All records shall be retained for a minimum of five years.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006
67

® Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired:
® Print your name and address on the reverse
so that we can return the card to you.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Julia M. Andrews
Alchem, Inc.
2042 Buie Philadelphus Rd.
Red Springs NC 28377 .
A. S' n lure
X
❑ Agent
1/
❑Addressee
B. Receivedly (Anted
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C. Date of Delivery
1
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D. Is deliv.ely address different from item 1? ❑ Yes
If YES, enter delivery
address below: ❑ No
3. Sery
,!cwType
RkOertified Mail
11 Exss Mail
❑ Registered
0011eturn Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number.
(Transfer from servicelal 7007 1490 0004 4506 5426
PS Form 3811, February 2004 Domestic Return Receipt
7007 1490 0004 4506 5426
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102595-02-M-1540 i

ALCH M, INC
8135 RED ROAD
ROCKWELL, NC 28138
704-279-7908 fax [phone]
[e-mail]
April 8, 2008
RE: NOV-2008-PC-0134
Dear Mr, Andrew Pitner,
'r�
! P 9 2008
DWQ -Aquifer
This letter is in response to your NOV dated March 27, 2008, concerning 20+ loads of Bauxite Sand
delivered to Tom's Creek Church Rd in Thomasville, NC. Below you will find the process that will be
used to remove above mentioned sand.
PLANNED REMOVAL
Alchem will contract Black's Excavating in Salisbury, NC for 5 Quad Axle Dump Trucks; we will rent a
953 CAT Track Loader from Mays Equipment in Lexington, NC for the purpose of loading the sand into
the Dump Trucks.
NEW LOCATION of SAND '
All loads of Bauxite Sand will be brought back to Alchem for processing.
THOMASVILLE, NC LOCATION
After removal of the Bauxite Sand from the property, Alchem will remove 4-5 inches of soil where the
sand was sitting; we will then replace the soil with a topsoil, lime and reseed the area.
Alchem will have a TCLP done on the soil removed and water samples from any creek or waterway
around the above mentioned property, when the results are in we will forward all results to DENR
Mooresville Office.
FINAL NOTE
Andrew, as I told you during our phone conversation last week, these loads of sand were sent to
Thomasville back in November of 2007 when Alchem, Inc was still under the Management of Wayne
Drye, VP. In our conversation I also informed you that Mr. Drye still to this date retains 21 % of Alchem,
Inc and is still looked upon as an Officer of this company. He is also responsible bylaw for 21 % of the

cleanup cost of Alchem, Inc. I also have every reason to believe that this current situation (sand) was
set up by Mr. Drye knowing he was going to loose his active roll at Alchem, Inc once I came into the
picture. Mr. Drye swore vengeance so I, am sure this will not be the last retaliatory act/call you will .
receive from him or someone affiliated with him. He phoned the office again on April 2, 2008 at 3:57pm
and asked Denise to relay a message to me, in that message he called me names and said that "THE
BEST IS YET TO COME". What Mr. Drye doesn't understand is that he is incriminating himself from a
legal standpoint. As I am aware that this is not your concern or issue to deal with, however I feel it is
sad that State Agencies are being used by Mr. Drye and his affiliates for his own personal grievances.
Knowing this is not your issue, I do however want you to be aware of the situation.
Thank you for your time, attention and understanding.
Best Regards,
ROBERT A. WOLCOTT
CHIEF OPERATIONS OFFICER
ALCHEM, INC
8135 RED RD
ROCKWELL, NC 28138
cc: Randall Andrews
OFFICE — 704-279-7908
FAX — 704-279-8418
PERSONAL CELL — 704-245-9689
(AFTER 6pm)

IAC
.INDUSTRIAL AND AGRICULTURAL CHEMICALS, INC.
2042 I3UIE PMLADELPHU'S ROAD RE1) SPRINGS, NC 28377
910-843-2121— FAX [phone] EN AIL r&@§tmr.net
April 7, 2008
Mr. Bob Wolcott
ALCHEM, Inc.
8135 Red Road
Rockwell, NC 28318
Dear Mr. Wolcott:
IAC produces a mineral product that needs a filler. After blending we spray water and
Sulfuric acid on the product to turn the Zinc Oxide, Copper Oxide, Iron Oxide, and
Aluminum Oxide into the more soluble sulfate form. Therefore, any Sulfuric acid or
Aluminum already in the sand product is beneficial. All components of Cite sand product
that you generate are beneficial to our granular mineral products. The sand is stored
under cover. We have s storm water discharge permit. IAC has not had any solid waste
violations in the last 15 years.
Best regards,
Industrial c& Agricultural Chemicals, Inc.
Randall F. Andrews,
President
ams
Page 1 of 1

ALCHEM, INCW
8135 RED ROAD
ROCKWELL, NC 28138
704-279-7908 fax [phone]
[e-mail]
April 8, 2008
RE: BAUXITE SAND PROCESS BEING DONE OFF SITE
Dear Mr. Andrew Pitner,
Following you will find for your offices review the process and intended use of the Bauxite Residual Sand that
is to be removed from Alchem, Inc.
Thank you for your time, attention and understanding.
Best Regards,
ROBERT A. WOLCOTT
CHIEF OPERATIONS OFFICER
ALCHEM, INC
8135 RED RD
ROCKWELL, NC 28138
cc: Randall Andrews
OFFICE — 704-279-7908
FAX — 704-279-8418
PERSONAL CELL — 704-245-9689
(AFTER 6pm)

Mineral Diluent Product
DESCRIPTION This product is used as a diluent in manufacturing fertilizer
mineral products.
USES Use between 200 and 500 pounds per ton as formula requires.
CHEMICAL TYPICAL SPECIFWATION
AND Silica >90% 88-92
PHYSICAL Aluminum Oxide < X 0% 8-9
PROPERTIES Sulfuric Acid <5% 4-5
PACKAGING. Shipped in super sacks or bulk trailers.
STORAGE Store under cover and minimize storm water runoff
ALCHEM, INC.
8135 RED ROAD
ROCKWELL, NC 28138
Phone [phone] — Fax [phone]

FROM r HA Nu.
"SD innateriai Safety Datj Sheet
OffiCe: 800-462-2586
ALCHEM, INC,
8135 tied Rd.
Rockwell, NC 28138
24 Hour Emergency Assistance Date Prepare: 1 1-16-05
Chemtrec: 800-424-9300 This Revision: 12-08-06
1. Product Identification
_.-....._....,:.,..........:_.......................-... , . ......................... .. ... . ... .....
Product Name; Mineral Diiuent Product
Common Name: Silica
Manufacturer's Name: ALCHEM, INC. I
Manufacturer's Address: 8135 Red Rd.
Rockwell, NC 28138
Manufacturer's Number: [phone] Manufacturer's Fax: [phone]
2. Composition/Information on Ingredients
Ingredient Name
CAS Number
Concentration
Wit
Silica
1.4808-60-7
90
Aluminum Oxide
1344-28-1
8-10
Sulfuric Acid
7664-93-9
3-5
OSHA PEL
ACGIHTLV
NIOSH REL
NIOSH
Ingredient
TVVVA
I STEL
TWA
STEL
TWA
STEL
IDLH
ca
%
Si02 +
2
0.05 .
mg/cubic
meter
0.05mg/Cubic
meter
Aluminum Oxide
NIA
NIA
Sulfuric Acid
N/A
-
NIA
Exposure Limits refer to the respirable fraction.
PEL means OSHA Permissible Exposure Limit.
TLV means American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit
Value.
MSHA means Mine Safety and Health Administration Exposure Limit.
TWA means 8 hour Time Weighted Average,
CAUTION: Silica is classified as hazardous under Occupational Safety and Health Administration
(OSHA) regulations (29 CFR 1910.1200), The Permissible Exposure Limits.(PEL) reported above
are the pre-1989 limits that were reinstated by OSHA June 30, 199$ following a decision by the
11ch Circuit Court of Appeals. There PELs are now being enforced by the .Federal OSHA. Be.
aware that more restrictive exposure limits may be enforced by some states, agencies, or other
authorities.
3. Hazards Identification
-.. ,.,..... ..... ...................., ...,,.,,.,.,. „,..,...........,.,.,,
EmergencyOverview ..,.,._,., ..,.._..._..........,.,,,.., ,.......
Mineral Diluant Product is a light buff, tan, and gravel -multicolored with no odor. It is
Page 1 of 10

r _ , _--)
North Carolina Department of Environment and Natural Resources
f P; I Alan W. Klimek, P.E. Director
' ✓ Division of Water Quality
AQUIFER PROTECTION SECTION
March 12, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall Andrews
ALCHEM, Inc.
2042 Buie Philadelphus Road
Red Springs, NC 28377
and
ALCHEM, Inc.
8135 Red Road
Rockwell, NC 28138
Subject: Response to ALCHEM Letters
Dated March 5 and 12, 2007
Regarding WQ0016338
Bauxite Residuals Reuse Program and
Regarding WQ0002702
Industrial Recycle — Bauxite Process
Rowan County
Dear Mr. Andrews,
The Mooresville Regional Office is in receipt of your faxed letters of March 5th and March 121h, 2007.
The NOV/NRE dated December 12, 2006, directed you not to use the permitted fill area and to find a
suitable alternative disposal option until current site conditions are properly rectified. The NOV/NRE dated
December 20, 2007, directed you to prepare an engineering report within 90 days of your receipt of the
letter that details the steps you will take to make the recycle system perform satisfactorily. This report must
detail the plan, with a timeline, for removal and disposal of the residuals in the three lagoons. In addition, a
NC professional engineer will need to verify the integrity of the liners of each of the lagoons and repair of
the banks. This plan should also include a design for stormwater diversion. Based on your receipt of the
NOV/NRE on December 21, 2006, the Division of Water Quality expects your completed plan will be
submitted no later than March 21, 2007.
Though we are pleased to know that you have begun to engage the services of a consulting engineer
and have started the process of identifying options to make necessary repairs to the facility, to date, you
have not submitted a complete plan that addresses the environmental concerns outlined in the NOV/NREs.
As such, I strongly suggest that your next steps are to assemble and submit a plan that addresses the
problems at your facility.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone]
610 East Center Street, Suite 301, Mooresville, NC 28115 Internet: ctttpJ!i�.v.ai�nr.state,nc.us
i=thCarolina
aturallr�

ALCHEM, Inc.
WO0016338 & WO0002702
March 12, 2007
Page 2 of 2
If you have any questions concerning this matter, please do not hesitate to contact Ms. Huffman, Ms.
Finley, or myself at at [phone].
Sincerely,
rY
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
cc: Gary Ribblet, P.E. DELTA, 8008 Corporate Center Dr., Charlotte, NC 28226
Ed Hardee, Residuals Coordinator
David Goodrich, Non -Discharge Permitting Unit
Ellen Huffman & Peggy Finley;': Mooresville Regional Office

A
Metalplate Galvanizing, L.P.
INDUSTRIAL & AGRICULTURAL
CHEMICALS, INC.
2042 BUIE PHILADELPHUS ROAD
RED SPRINGS NC 28377
Metalplate Galvanizing, L.P.
P.O. Box 43402
505 Selig Drive, S.W.
Atlanta, GA. 30336
[phone] FAX: [phone]
Remit To:
Metalplate Galvanizing, L.P.
P.O. BOX 1463
Birmingham, AL 35201-1463
INVOICE
NO. 3-101066
INDUSTRIAL & AGRICULTURAL
CHEMICALS, INC.
2042 BUIE PHILADELPHUS ROAD
RED SPRINGS NC 28377
rnv. . of n Q&q-R*7R4
OVV .JCG-G7t-r
Terms
ship Via
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Date of Invace - Custoriigr Job tom,'
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NET 30
CUST TRUCK
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Prod. No.
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DesarlpNon
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Amount
1 B 18 SUPER SACKS SULFATE CRYSTALS 40,351 1.25 504.38
TOTAL WEIGHT 40,351
TOTAL MATERIALS 504.38
ENERGY/ENVIRONMENTAL SURCHARGE 30.26
TOTAL DUE 534.64
Rec'd Terms and Conditions on reverse side apply to all sales.
By
�„�„ ()RIGi1NAi INVOMP 9382:

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f5

Alchem history from MRO files
Updated January 29, 2009 by Ellen Huffman * indicates hard copy in package for trial.
Please note that the author has found files in several sections/divisions due to the different types of permits issued for the
same process i.e., residuals, recycle, groundwater, air, solid waste, and haz. waste.
History hi -lights:
f? *De ec tuber 3'0�19_851A complaint investigation by DENR concludes that ALCHEM had several (unreported)
releases from the Red Road location and operates a process that requires a permit from DWQ.
An,oldmewspaper article is found in the file regarding ALCHEM spills.
May 1985 through Oct. 1989 multiple applications are submitted by ALCHEM — all are returned insufficient.
3 '*r ui yAO: JL9190 T ALCHEM is issued permit # WQ0002702 for wastewater recycle system.
tf fflD Roler-25,�199U —NOV issued for WQ0002702 —discharge of ALUM into creek.
permit is modified for ALCHE to add 5 more lagoons.
April 20, 1993 ALCHEM wants groundwater monitoring removed. Request is denied.
June 1993 - ALCHEM petitions the permits groundwater requirements. Requirements stay.
September 1993 — ALCHEM petitions NC EMC to drop VOC testing from the permit.
More spills noted in 1994 but, no NOVs on file.
June 27, 1994 - Permit is renewed.
1994-1998-ALCHEM has multiple groundwater monitoring issues.
renewal is issued for WQ0002702 without beneficial use request.
1��Ma, rcl`19T! ALCHEM is issued a separate permit WQ0016338 for beneficial use of spent bauxite on site as
structural fill for future plant expansion.
April 29, 2003 — complaint white stuff (spent bauxite) in creek. WQ0016338.
*liayil2, 20:.03 = NOV/NRE (notice of recommendation for enforcement) for WQ0016338 for
runoff of spent bauxite in creek (May 23, 2003, Tara group is hired for cleanup)
Note: reports show low pH in creek, in spent bauxite lagoons, in run-off puddles below plant.
August 8, 2003 — MRO photos show very little clean up activity has taken place.
August 18, 2003 penalty assessed for May 12, 2003 NOV for WQ0016338.
5 kAugtagt19 20-' 3�NOV issued for WQ0016338 failure to incorporate remedial Actions/illegal
discharge/surfacewater quality standards violations.
p2- 41- A settlement agreement for WQ0016338 is filed for cleanup of spill (May 2003),
remediation of creek, and a fine of $4,878.28 for above NOV.

SO
December 28, 2004 to June 19, 2007 -permit WQ0002702 is renewed with addition of several
requirements. ALCHEM subsequently adjudicates this permit and holds it in the courts for over two.
years ending up in the NC Court of appeals. The permit stands as written -June 19, 2007.
J �a�ai-pry 12 2005' NOV WQ0016338 DWQ (Wes Bell) for incomplete clean up of spill and low
pH discharges that continue to affect the creek.
August 2, 2005 — issues found previously continue. ALCHEM hires BOYLE Engineering to
perform a site evaluation.
Sept. 20 2005 — An NOV/NRE for WQ0002702was issued. A request for a site life estimate of the
fill area was requested along with a long term disposal plan for the spent bauxite.
,/ 1, Dec aar U, 20 6- NOV WQ0016338 apparent berm failure and low pH. ALCHEM is told
not to use the fill area until the area is stabilized / repaired.
j 1=sD:ecember 2$R 200:6��'permit WQ0016338 previousely known as a"bauxite residual reuse
program (as fill) is re -hewed and reissued as a "bauxite residual (spent) monofill surface disposal
system".
January — December 2007
( <r *�,��ary 220_ Q7 A letter from Alchem, asking the MRO to consider allowing 500 tons of material to
be moved and put into an area near the railroad. ALCHEM re -stated the desire to use the fill as structural
fill for placement of chemical mixing tanks.
QK°February 9 2007 — A faxed letter from ALCHEM mentions disposal possibilities but no real plan. Asks
again for permission to remove sand to fill area. (WQ0016338)
i *ri eb�ti%ary 19; 2007_— A letter from ALCHEM regarding NOV for permit WQ0002702. Note: the NOV
was for groundwater violations. The letter did not offer any real solutions but again, requested
permission to remove sand to the fill area that is permitted under WQ0016338.
Inspections continue to find the same violations.
(� e 27�2?�96W settlement agreement is filed. In that agreement ALCHEM agrees to
(among other things):
a: dispose of bauxite in a manner consistent with water quality general statutes. It is anticipated
that the bauxite in the first lagoon (cleaned) will be disposed of off site (i.e. subtitle D landfill) until
the spent bauxite residuals can be treated to meet the terms of this agreement (i.e. pH of 6.0).
January 24, 2008. Speaker conference call included Andrew Pitner, Peggy Finley and Ellen Huffman.
(ex -employee) informed us that:
• he was asked to hire some folks from New Jersey - Bob, Jason, and dad.
• he was told to apply for disability on Dec. 20, 2007
• he and Phyllis were asked to leave on December 21, 2007

`0
Spent bauxite sand from ALCHEM has been disposed of at a site near Denton, NC. Go hwy 109
out of Denton, NC, .2 miles to Tom's Creek Church Road, turn rt. go .1 miles to pansy
properties. Piles are stockpiled in fields.
January 25, 2008 - MRO APS staff from the Mooresville Regional Office (MRO) visited the Denton
dumpsite and observed 27 +/- piles of material that appeared to be spent bauxite sand from ALCHEM.
Photos and samples of the material were taken. A pH measurement was performed in the MRO lab
using a calibrated meter. The sample had a low pH (3.7) typical of AMCHEM spent bauxite. By all
appearances, the material was the residuals generated at the ALCHEM facility. Photos on G drive.
r
F be' ar�y 8308 phone call received from Mr. Jason Williams by Peggy Finley
Mr. Williams was approached by an employee of ALCHEM (truck driver) about using ALCHEM
"sand" as a fill for a ravine on Mr. Williams' property. He was told it was free and was provided a
"laboratory sheet". Mr. Williams wanted to know if it was ok to get this material.
0 March 27, 2008 — Notice of Violation — and NRE for unauthorized disposal/ dumping of spent bauxite.
April 17, 2008 — A file note indicates cleanup had been completed. Site was seeded and straw in place.
.dune 23, 2008 — letter from Randall Andrews stating that the waste dumped off site is not waste at all it is a
product of ALCHEM. AN MSDS was attached.
ai June 30, 2008 - Assessment for civil penalties, illegal dumping, $34,543.73.

ALCHEM entire file History
Dec. 6, 1984 — Complaint from City of Rockwell of white color in creek.
May 9, 1985 — A memorandum concerning a complaint investigation of a spill/runoff into creek
(investigated on Nov. 15, 1984) from the ALCHEM plant and drinking water well contamination. All
stream samples showed high concentrations of Al, Fe, Na, and Zn.
December 31, 1985 — Salisbury Post article about ALCHEM.
Jan. 2 & 7, 1985 — WQ samples the stream. Samples come back with extremely high concentrations of
Al, Fe, Na, and Zn. (data in file)
Feb. 28, 1985 — Stream samples still show high levels of Al, Fe, & Na.
March 26, 1985 — WQ received another complaint from a resident in the ALCHEM area.
April 1, 1985 - Soil samples showed high levels of Al, Fe, & Na. Well samples taken at the same time
were high in Al & Na. Down stream samples showed high concentrations of Al, Fe, Na, and Zn.
Upstream samples did not show high concentrations of Al, Fe, Na, and Zn. Also discovered the path of
runoff from ALCHEM property to the stream.
May 9, 1985 — A memorandum from Monty Payne & Jesse Wells, to Bill Jeter, concerning multiple
complaints from neighbors of ALCHEM in November 15, 1984.
June 11, 1985 —Stream samples, once again, show high levels of Al, Fe, & Na.
Sept. 9, 1985 — During a meeting with Water Quality and ALCHEM, it was determined that the ponds
need to be emptied and contaminated soil be removed or neutralized. If the lagoon was to be used it
must be lined. They also must submit an application for a non -discharge permit.
Dec. 30, 1985 — WQ MRO complaint investigation report summing up issues from multiple spills
throughout the last 12 months since the Nov. 15, 1984 investigation.
Jan. 3, 1986 — WQ staff report (Thurmon Horne) for ALCHEM (APN 005232) The facility has 2
existing (un-permitted) recycle lagoons. DEM & DHR have both conducted investigations regarding
well and groundwater contamination. ALCHEM has had to replace one off site drinking water well,
cleaned areas affected be run-off, and removing all liquid from the lagoons with the intention of
removing the lagoons (excavating and removing contaminated soils). ALCHEM proposes to construct a
new recycle system. The new process will involve mixing bauxite, sulfuric acid, and water in a reactor.
The waste residuals (pH between 2.0 and 2.5) will be pumped to the proposed non -discharge recycle
wastewater treatment facility. The residuals from the facility will be pumped to the retention pond
where LIME will be added to raise the pH to 6 s.u. The applicant proposes to dispose of the
4

ALCHEM file History
Page 2
residuals in the county landfill. The applicant has failed to submit acceptable detailed engineering
plans and specs as requested.
Recommendations: Considering the past history of this facility, it is imperative that a thorough
evaluation is made prior to permit issuance...
Jan. 7, 1986 — A meeting in Rockwell between DEM & ALCHEM, concerning a need for a permit for
the ALCHEM facility.
Jan. 8, 1986 — DEM WQ MRO memorandum — WQ reviews an application and recommends that
ALCHEM do a thorough investigation of the present subsurface conditions prior to issuance of the
permit.
Jan. 8, 1986 — MRO GW memo from Jesse Wells to Len Bramble. GW recommends that ALCHEM do
a thorough investigation of the present subsurface conditions including directional flow and gradient of
the groundwater, lithologic description and determination of the hydraulic conductivity of the soil, and
sampling of the saturated zone as a requirement before issuance of the permit.
Jan. 30, 1986 - A letter from DENR & Community Development, regarding insufficient data to process
the permit application.
April 10, 1986 — A letter from DENR to ALCHEM regarding Operation of an un-permitted non -
discharge Waste Treatment System.
May 5, 1986 ALCHEM submits a permit application for a tank spill containment area & a sand filter.
May 14, 1986 — DEM Groundwater section memo from Len Bramble to Bill Crawford. Subject
application of new permit APN 0076633 and GW 8680. "We have received copy of the above
referenced application which was sent to your regional office for comment on or about May 12, 1986"...
June 17, 1986 — A letter from ALCHEM to DENR Addendum to application APN007633.
Sept. 12, 1986 — DEM GW — memo. Sub. Permit app. Review, ALCHEM, GW86080. Recommends
issuance of permit with 2 conditions. 1- the sand filter bed must be lined with a geotech fiber and two
layers of 6 mil. (12 mil. total) synthetic liner. 2- any groundwater monitoring deemed necessary by the
department.
September 22, 1986 — A note to file regarding a letter from ALCHEM to Thurmond Horne evaluating a
vacuum filter. Note from staff suggests that the dept. hold the permit application for four weeks before
returning the application to ALCHEM as incomplete.
(what happened to 1987?)

Jan. 19, 1988 — A letter from DENR to ALCHEM —Subject: Project Return APN007633. In reference to
application received May 7, 1986.
Feb. 1988 — A letter from ALCHEM to DENR. " I did not realize that our non -discharge Permit was
being held. We decided to put in a sand filter enclosed in a tank..."
July 30, 1989 — A letter from DENR & Comm. Dev. regarding information needed for a review of
ALCHEM Ind. Recycle (WQ0001987) permit to be completed.
August 21, 1989 — DEM memo re: Alchem, Inc., `per discussion with Randall andrews, owner of
Alchem, the treatment process discussed on page 2 is not accurate. Mr. Andrews indicated that no
reaction process will take place outside a contained area. (i.e. the settling basin will not be utilized in the
reaction process). In addition, the washing of the sand slurry and pH adjustment will take place within
the contained area. 9i.e. reactor, fiberglass tank).'. The memo also mentioned that the permitee should
take monthly pH reading of the lagoons to insure adequate washing of the slurry prior to storage.
October 2, 1989 —A letter from DENR to ALCHEM. Subject: Project Return (WQ0001987).
October 11, 1989 — A staff report from MRO recommends that the ERG and groundwater provide
comments before permit issuance and possible cake sludge storage issues. (Allen Hardee, MRO staff).
January 10, 1990 - DENR issues (the original permit) permit WQ0002702 (formerly known as
WQ0001987, which was returned Oct. 2, 1989).
May 4, 1990 — A letter from ALCHEM to DENR (Carolyn McCaskill) referencing permit WQ0002702
and regarding removal of a partition between two lagoons.
May 21, 1990 A letter from ALCHEM to MR. Rex Gleason (MRO) referencing permit WQ0002702 and
regarding installed facilities ready for inspection.
October 25, 1990 — A Notice of Violation regarding a discharge of alum (?) into the creek.
Oct. 8, 1992 — ALCHEM submits a permit application to modify existing permit to include building 5
more lagoons. that permit is issued April 8, 1993.
Oct. 19, 1992 — An application from ALCHEM received by DEHNR (no application found in MRO
files).
March 11, 1993 — GW memo regarding modification of permit WQ0002702 (concerning) proposed
sludge storage lagoons. GW recommends (two) monitoring wells.
March 23, 1993 — A renewal application from ALCHEM received by DEHNR (no application found in
MRO files).
April 8, 1993 - The amended permit is issued to ALCHEM.

April 20, 1993 — A letter from ALCHEM to DEHNR regarding amendment of permit WQ0002702
including monitoring well requirements and construction of only two lagoons rather than the original
five. ALCHEM sees no need for groundwater monitoring. Groundwater monitoring stays.
April 20, 1993 — A letter from DEHNR to ALCHEM was conveying groundwater -monitoring guidance.
June 9, 1993 —A memo from Don Saffrit, P.E., Asst. Chief for Teck.. Support to Ted Bush Asst. Chief,
groundwater section regarding a petition (ALCHEM monitoring wells) with the Office of
Administrative hearings.
June 22, 1993 — A memo from MRO GW (David Eudy) to Jack Floyd regarding adjudication request -
has concerns with sulfuric acid in large quantities and past history of non-compliance, there is ample
justification for groundwater monitoring requirements.
June 25, 1993 — A memo from Central GW to MRO GW, regarding adjudication request. "The
groundwater section stands firm with its decision to recommend groundwater monitoring to remain a
part of the permit".
June 30, 1993 — A letter from DEHNR to ALCHEM, regarding groundwater monitoring to stay in the
amended permit.
Sept. 21, 1993 — A letter from ALCHEM to NC EMC asking permission to drop VOC testing
requirements from the permit.
April 6, 1994 — A memo from MRO GW to DEM GQ, acknowledging receipt of a permit renewal
application for ALCHEM WQ0002702.
April 27, 1994 — A memo to DEM GW Compliance Group from Barbara Christian, MRO GW
Supervisor regarding a site inspection (for a permit renewal) on April 26, 1994 that raised several
concerns.
• Raw aluminum ore (bauxite) storage issues
• Monitoring reports indicate that monitoring wells were not purged prior to sampling
• Lack of chemical analyses of the lagoon wastewater
• Inaccurate topographic site map
May 23, 1994 — A memo from Cindy Boyles to Carolyn McCaskill, regarding ALCHEM permit renewal
(permit WQ0002702) reads "run-off into a drainage way still poses a problem to the residents directly
below grade
June 27, 1994 — permit WQ0002702 renewed/re-issued.
July 11, 1994 — A letter from DEHNR to ALCHEM, regarding (groundwater) monitoring guidance.
October 30, 1995 — A certified letter to ALCHEM from MRO GW regarding proper purging of
monitoring wells prior to sampling (permit WQ0002702).
October 20, 1998 — ALCHEM submits for a permit renewal and modification (permit WQ0002702).

ALCHEM file History
Page 5
Nov. 10, 1998 — A staff report by G.T. Chen includes very little comment. "pending final review and
approval by the SERG and the Groundwater Section, it is recommended that the subject permit
(WQ0002702) be renewed and modified to allow sand by-product to be mixed with clay.
December 8, 1998 — Memo from Peggy Findley, MRO, to Dr. Ken Rudo. Request for Health Rick
Evaluation for the public water supply well on the ALCHEM premises.
December 30, 1998 — a memo from Brian Wootton (MRO) to Kim Colson WQS, regarding groundwater
monitoring changes to the ALCHEM permit WQ0002702. Existing monitoring wells MW-1 & MW-2
shall be sampled Feb. & July for water level, aluminum, and pH.
Jan. 21, 1999 — ALCHEM permit WQ0002702 (industrial recycle bauxite process) is renewed.
*****March 1,1999 — a new permit Permit WQ00016338 is issued to ALCHEM for a bauxite
(residuals) reuse Program "... for the operation of a bauxite residuals reuse program (as structural
fill) on ALCHEM Inc.'s property at 8135 Red Road, Rockwell, NC..." Please note that the
renewed permit in 2006 is re -named an on -site surface disposal permit.
April 25, 2000 — A letter from DEHNR, MRO, to ALCHEM, regarding (permit WQ0002702) field
analysis data (section 4 of the groundwater G-59 form).
Oct. 11, 2001 — A letter from Groundwater MRO, to ALCHEM, regarding an upward trend of aluminum
in MW-1 and MW-2 (permit WQ0002702). Letter asks from ALCHEM to re -sample within 60 days,
including the drinking water supply well that serves the office.
October 17, 2001— A letter from IAC —Industrial & Agricultural Chemicals Inc., Fayetteville, N.C., and
parent company of ALCHEM, regarding the Oct. 11, 2001 letter to ALCHEM...."Alchem
manufactures aluminum sulfate. Both cation and anion are very water-soluable. We have noticed the
increase in aluminum values but with no corresponding sulfate increase. Naturally, we are concerned.
However, is it possible that the aluminum is coming from other sources since there is no increase in the
sulfate anion? We are going to follow your instructions and will be in touch with you".
Jan. 7, 2002 - A Notice of Violation letter, groundwater quality violations.
March 15, 2002 — Notice of Violation for WQ0016338 concerning monitoring reports for sect. III, part
3&4.
April 12, 2002 - A rescission of NOV letter from Peggy Finley, MRO, to ALCHEM.
April 29, 2003 — A complaint received by MRO, from a downstream neighbor of large amounts of
white substance (spent bauxite) being washed down the creek from ALCHEM property. Wes Bell, &
Ellen Huffman, MRO investigated. Spent bauxite from the "beneficial use fill area" is found to be over
2 feet think in parts of the stream.

April 30 and May 8, 2003 — Investigations had determined that the run-off from ALCHEM had
impacted up to 500 linear feet of a tributary to Second Creek.
May 12, 2003 — NOV/NRE is issued by DWQ for permit WQ0002702 regarding the above complaint
investigation because it involved impact of waters of the State.
May 14,. 2003 — A letter from DENR MRO to ALCHEM, regarding the NOV stating that the NOV
should have been issued against permit WQ0016338.
May 23, 2003 — The TARA Group is hired to clean up and install erosion control at ALCHEM.
May 28, 2003 — A letter from ALCHEM to Rex Gleason, supervisor WQS, MRO in response to the May
12, 2003 NOV/NRE. ALCHEM sends an outline of a cleanup plan.
August 8, 2003 — MRO photos reflect no clean up activity for spill from April 2003.
August 18, 2003 — (WQ0016338) a penalty was assessed in the amount of $5,998.28 for the May 12,
2003 NOV.
August 19, 2003 — A NOV (WQ0016338) was issued for failure to incorporate remedial actions/illegal
discharge to surface water.
Feb. 24, 2004 — ALCHEM submits the annual report for WQ0016338. ALCHEM reports "for the year
2003, we did not accumulate enough silica residual (spent bauxite) to land apply (put into the permitted
on -site fill area)".
March 2, 2004 — Settlement agreement between DWQ and ALCHEM- ALCHEM to submit a plan or
schedule to remove sand and other materials from the tributary to Second Creek and the affected private
properties. Submit the plan within 30 days of this settlement agreement.
April 2004 — plan?????
July 29, 2004 — ALCHEM is on a payment plan with AGO for the May 12, 2003 NOV, per Janet Leach.
Aug. 13, 2004 - A letter from DEHNR to ALCHEM, regarding withdrawal of permit application
package for WQ0016338.
Sept. 29, 2004 - MRO receives a request to renew WQ0002702.
Sept. 20, 2004 — MRO receives a request to renew WQ0016338.
October ?, 2004 — MRO photos show a berm (originally built at approx. 6 feet high) to contain spill in
April 2003 had been added to and includes entire fill area. The berm is now taller (10-15 feet high).
The berm is holding back stormwater (rain run-off from the spent bauxite fill area with low pH) and has
not been properly built. Water seepage behind the berm indicates possible failure due to saturation.
Water behind berm also has a low pH.

Oct. 25, 2004 — A staff report by Ellen Huffman, MRO, for both permit renewals, requests that due to
past confusion between the two permits that they be combined for better monitoring of a site with many
compliance issues in the past. There were also many other changes requested. The two permits were
never combined.
December 28, 2004 — A renewal permit for WQ0002702 (water recycle) is issued with the many
changes (as requested by MRO, but the other permit (WQ0016338, spent bauxite residuals on -site reuse)
is not issued. It is currently being held in Central Offices until the confusion is cleared up regarding the
water recycle permit. Permit WQ0016338 was not renewed until Dec. 28, 2006, two years later.
Dec. 30, 2004 & Jan.5, 2005 — A follow-up investigation by Wes Bell, MRO, revealed stormwater run-
off issues with low pH continuing to impact the stream.
*Jan. 12, 2005 — NOV/NRE issued due to continued problems found during the investigation on Dec.
30, 2004 and Jan. 5, 2005.
Jan. 27, 2005 — A letter from ALCHEM to Rex Gleason, MRO regarding further cleanup of stream.
Letter states that their pH readings are not as low as the readings that Wes Bell had gotten.
Feb. 9, 2005 - A letter from ALCHEM to Rex Gleason, MRO regarding soils sampling, liming the
affected areas of the spill, hiring a tree expert, and repairing silt fences.
Feb. 10, 2005 — A letter from ALCHEM to Div. Of WQ, Central Office, regarding the receipt of the new
permit WQ0002702. The permit was dated Dec. 28, 2004 but ALCHEM says that they did not receive it
until Jan. 28, 2005. This letter asks for an extension of 90 days to review the permit. The files do not
find any response from MRO or Central Office, indicating no reply to this letter.
March 8, 2005 — A letter from ALCHEM to Div. Of WQ, Central Office, regarding many objections to
the permit conditions of WQ0002702. To the writer's knowledge, no response received by Central
Office.
March 10, 2005 — A -letter from ALCHEM to Non-Dis. Compliance conveys the annual report for
WQ0016338. This letter states that they did not accumulate enough silica residual to land apply, just like
the 2003 annual report. The writer recalls that ALCHEM stated that they plan to clean out a lagoon (or
two) in the spring which is why the staff report asked for extra pH testing on excavated materials and an
inspection of the lagoon liner.
April 22, 2005 — A Notice of Regulatory Requirements for WQ0002702 was sent regarding the recently
renewed permit. The MRO stated that they considered this permit enforceable as the adjudication period
had passed without comment.
May 2, 2005 — ALCHEM files petition for contested case hearing with OAH.
June 8, 2005 — Central Office asks for additional information via registered letter, to be received by July
8, 2005. Additional information requested, included engineering documentation of the fill area and the
berm (BOYLE Engineering).
10

June 21, 2005 — A letter from DWQ MRO Supervisor regarding concern with the consistently low pH
readings measured in the stormwater ditch adjacent to the railroad tracks by unloading station.
July 8, 2005. —No additional information is received as requested by Central office June 8, 2005.
August 2, 2005 - Email from David Goodrich regarding phone call from Mr. Nathan Cook of BOYLE
Engineering, who has been retained by Randall Andrews (ALCHEM) to perform site evaluation of Red
Rd. facility.
August 2, 2005 — Copy of Decision of Dismissal for permit adjudication (dated July 29, 2005) is
received by MRO via fax.
August 4, 2005 — Inspection reflects poor conditions persist including; no freeboard in lagoons, burying
construction debris in the fill area, low pH in recycle system water, and new water line places in fill
area.
August 15, 2005 — Mr. Andrews sends a letter to Shannon Thornburg, (Author of permit), asking for
DWQ to relax the provision regarding pH in the spent bauxite lagoon water.
August 24, 2005 — An email from Larry Ausley, DWQ Laboratory Section, emails results from an ad
hoc experiment of 3 spent bauxite samples collected by Ellen Huffman from sand at the fill area August
23, 2005. See file for preservation and test method. Results were 3.7, 3.5, and 3.0, SUs respectively.
September 20, 2005 — NOWNRE WQ0002702 was issued for the August inspection for permit WQ
0002702 renewed in December 2004, for permit conditions. A requested site life estimate f6r the fill
area, and a long-range disposal plan were requested in the renewed permit. This NOWNRE was never
assessed because the permit is still in the adjudication process.
October 10, 2005 — A letter from ALCHEM stating that they are "sorry for the violations" and "we are
committing the time and the money to correct any problems here" AND a reminder that "our new permit
remains under appeal."
October 11, 2005 — A letter from Alchem contains a copy of the business card for Nathan Cooke, with
BOYLE Consulting Engineering. The letter also states that James T. Hill, RLS, a surveying company in
Salisbury is re -surveying the property at Red Rd.
October 13, 2005 ALCHEM files a response to the motion to dismiss.
October 24, 2005 — ALCHEM receives the Geotechnical Exploration and Analyses report regarding the
earthen berm built around the fill area.
April 6, 2006 — order wasTound interlocutory. Petition for judicial review was dismissed — again.
January 6, 2006 — NRE — for the renewed permit WQ0002702, was issued for the requested site life
estimate for the fill area and a long-range disposal plan. This NOWNRE was never assessed because the
permit was in the adjudication process.
11

ALCHEM file History
Page 9
January 26, 2006 — Deficiencies are noted in initial Laboratory Certification Inspection for pH
calibration.
January 30, 2006 — A call to BOYLE Engineering confirms that ALCHEM has received the
geotechnical report regarding the earthen berm and the fill area. The MRO requests a copy of this report
from ALCHEM.
March 1, 2006 — MRO receives the Boyle Engineering report.
November 16, 2006 — File note indicates that ALCHEM has hired DELTA Environmental for assistance
with site issues.
December 5, 2006 — An inspection reflects the same site conditions found in previous inspections,
including low pH in all three lagoons, low pH in stormwater collected by the berm, and poor berm
conditions as stated in earlier reports.
December 20, 2006 — A NOWNRE was issued for permit (WQ0016338) conditions, pH issues, and
apparent berm failure (water seeping).
December 20, 2006 — A NOWNRE was issued for permit (WQ0002702) conditions, pH issues,
groundwater, and freeboard.
January 8, 2007 — A letter from Alchem regarding NOWNRE. Alchem states that they were unaware
that the berm is seeping. Alchem also states "it is apparent that there is some very small amount of
seepage under the retaining berm". Alchem asks for a meeting between Alchem and MRO staff to
discuss the issues.
January 11, 2007 — Alchem responds to groundwater violations (WQ0002702 NOWNRE).
January 16, 2007 — MRO emailed and faxed Randall Andrews regarding a date for the meeting
originally scheduled for January 24, 2007 and now moved to January 31, 2007 at 10:30 AM, to
accommodate Mr. Andrews schedule.
January 19, 2007 — A certified letter from MRO responding to the January 8 letter from ALCHEM,
reiterating conditions in the NOWNRE and the need for a alternative disposal plan for the residuals to
be presented at the meeting scheduled for January 31, 2007, and a plan to correct current plant
conditions.
January 24, 2007 — inspection report sent to ALCHEM noting continued non-compliance regarding
freeboard, monitoring wells not being purged properly prior to sampling.
January 26, 2007 — A letter from Alchem, asking the MRO to consider allowing 500 tons of material to
be moved and put into an area near the railroad. ALCHEM re -stated the desire to use the fill as structural
fill for placement of chemical mixing tanks.
12

January 31, 2007 — Meeting held at MRO with Randall Andrews, ALCHEM. Mr. Andrews did not have
an alternative disposal plan. Mr. Andrews said that he would have a plan by February 2, 2007.
February 9, 2007 — A faxed letter from ALCHEM mentions disposal possibilities but no real plan. Asks
again for permission to remove sand to fill area. (WQ0016338)
February 14, 2007 — MRO letter to ALCHEM reminding ALCHEm that they are not to use the fill area
because permit conditions have not been met. (WQ0016338)
February 14, 2007 — A letter from ALCHEM stating that they have retained Delta Consultants to
evaluate existing berm structure. Letter also states "current thoughts are to install a synthetic barrier..."
February 19, 2007 — A letter from ALCHEM regarding NOV for permit WQ0002702. Note: the NOV
was for groundwater violations. The letter did not offer any real solutions but again, requested
permission to remove sand to the fill area that is permitted under WQ0016338.
February 20, 2007 — MRO sends Assessment of Civil penalties to ALCHEM for $10, 677.61.
March 5, 2007 — letter from ALCHEM, stating that they have retained S and ME. Also request
permission to move sand to fill area. Request denied.
March 19, 2007 — Annual report from ALCHEM stating that they did not remove any sand from the
lagoons into the fill area for all of 2006.
March 22-, 2007 — MRO receives a "Performance Improvement" plan (for ALCHEM) from DELTA for
management of system.
May 18, 2007 — MRO sends over due notice to ALCHE for performance improvement plan.
June 4, 2007 — MRO receives a letter of response from DELTA regarding over -due notice that the MRO
sent on May 18, 2007.
June 4, 2007 — email from ALCHEM requesting copy of stream assessment. Electronic copy of the
assessment was emailed back the same day. E.Huffman.
June 19, 2007 —permit adjudication: Court of Appeals, Wake County, finds petitioner
(ALCHEM)"wholly without merit".
June 26, 2007 — Letter from ALCHEM to NC DENR, Ms. Edythe McKinney, requesting help, technical
assistance, and intervention between the MRO and ALCHEM because MRO would not let the company
dispose of sand until the disposal area was repaired. Note: ALCHEM could use a subtitle D land fill as
an alternate disposal method.
June 18, 2007 — MRO receives construction specifications from DELTA for the berm rebuild.
August 24, 2007 — inspection report MRO. The facility continues to be out of compliance.
13

October 25, 2007 — MRO receives a report from DELTA Environmental regarding completion of berm
rebuild. Photos included in report.
November 13, 2007 — MRO receives a report from DELTA Environmental stating site -life expectancy
of the fill area for ALCHEM.
November 27, 2007 — A settlement agreement between ALCHEM and NC DENR regarding the
adjudicated permit WQ0002702, is filed. ALCHEM is on a payment plan to pay the fine of
$10,667.61.
December 6, 2007 — Inspection of Alchem facility reflects continued violations of both permits
including freeboard, waste level gauges, vegetative cover on berm, and pH. New berm repairs have not
stopped the seeping noted on the backside of the berm. Inspection report was mailed on Jan. 7, 2008.
January 7, 2008 — MRO inspection letter for the inspection of Red Road facility Dec. 6, 2007.
Letter acknowledges work that has been done and work that still needs to be done regarding the
settlement agreement.
January 10, 2008 — ND DENR Div. of Solid Waste (Fayetteville regional Office) complaint
investigation report regarding waste material being dumped on property behind Tara Group facility
located in Lumberton, NC.
January 16, 2008 - NOV (Drew Hammond, Solid Waste Section, FRO) sent to Randall Andrews
regarding illegal dumping. FRO suspects that the material is from ALCHEM.
January 23, 2008 — letter to ALCHEM regarding groundwater contamination.
January 24, 2008 — DOJ sends letter to ALCHEM regarding non-payment of fines from
Settlement agreement signed Nov. 27, 2007. DOJ has not received any payments at all.
-----spent Bauxite is taken off site
January 24, 2008. Speaker conference call included Andrew Pitner, Peggy Finley and Ellen Huffman.
(ex -employee) informed us that:
• he was asked to hire some folks from New Jersey - Bob, Jason, and dad.
• he was told to apply for disability on Dec. 20, 2007
• he and Phyllis were asked to leave on December 21, 2007
• Spent bauxite sand from ALCHEM has been disposed of at a site near Denton, NC.
• go hwy 109 out of Denton, NC, .2 miles to Tom's Creek Church Road, turn rt. go .l miles to
pansy properties. Piles are stockpiled in fields.
January 25, 2008 - MRO APS staff from the Mooresville Regional Office (MRO) visited the Denton
dumpsite and observed 27 +/- piles of material that appeared to be spent bauxite sand from ALCHEM.
Photos and samples of the material were taken. A pH measurement was performed in the MRO lab
using a calibrated meter. The sample had a low pH (3.7) typical of AIVICHEM spent bauxite. By all
appearances, the material was the residuals generated at the ALCHEM facility. Photos on G drive.
14

'The Mooresville .Regional. Office contacted the Fayetteville Regional Office regarding anonymous tips
of spent bauxite being transported. to the other regions area. Mooresville was informed by other
divisions of NOW's issued to Randall Andrews for the issues listed here.
January 25, 2008 — NOV/RE sent Steven :l'ozzo, Air {duality, l'IZ{:), for illegal burning.
January 29, 2008 — IA NOV to Randall Andrews -from Haz.Waste Section, FRO, for dumping caustic
soda, and gypsum, burning pallets, creosote poles, etc... docurn.ent included a compliance schedule.
February 5, 2008—NOV-LV-0064 groundwater impact.
March 3, 2008 — report from ALCHEM received for NOV-LV-0064. ALCHEM has supplied water to
neighbor, and states that it is temporary.
March 3, 2008 — letter from ALCHEM to MRO requesting guidance for a transport vehicle spill plan.
March 11, 2008 — a copy of a typical spill plan as an example of what it should contain, was sent to
ALCHEM by E.Huffman .
March 12, 2008 — MRO receives a letter from ALCHEM regarding a tap for city water to the McIntire
well users.
March 19, 2008 — letter to Rowan County Env. Health regarding a failing septic system near
ALCHEM's facility, reported by Robert Wolcott, ALCHEM manager.
March 27, 2008 — Notice of Violation — and NRE for unauthorized disposal/ dumping of spent bauxite.
May 9, 2008 — letter to ALCHEM regarding their request of extension of the CSA on the day it was due.
A request for ALCHEM to supply a schedule to complete CSA report.
May 29, 2008 — letter from DELTA for clarification and request for historical GW file data.
June 4, 2008 — MRO receives a spill plan (requested earlier) for the ALCHEM facility.
June 20, 2008 — DELTA report of lagoon 1 and 2 inspection was received at MRO. Lagoon # 3 was still
being used as of the last inspection on Octobe 14, 2008. The inspection report has not been sent out as
of 11/19/2008.
April 1, 2008 — letter from APS to ALCHEM regarding registered agent change.
April 8, 2008 — letter/report from ALCHEM describing cleanup of "dump site".
April 17, 2008 — A file note indicates cleanup had been completed. Site was seeded and straw in place.
May 2, 2008 — A letter from ALCHEM requesting extension for CSA.
May 28, 2008 — letter from MRO to ALCHEM regarding CSA extension request, contaminated wells, and
removal of soils from the ALCHEM site.
15

May 29, 2008 — letter to ALCHEM granting an extension for CSA report for NOV dated Feb. 5, 2008.
June 23, 2008 — letter from Randall Andrews stating that the waste dumped off site is not waste at all it is a
product of ALCHEM. AN MSDS was attached.
June 30, 2008 - Assessment for civil penalties, illegal dumping, $34,543.73.
August 11, 2008 — NOV issued (Fayetteville office) for failure to maintain inspection and maintenance
records. Also a request for more information regarding a request for IAC to start a battery recycling
operation.
August 27, 2008 — an email request from John Reuscher for an extension on the CSA (groundwater assessment)
that was due on August 31, 2008, which was an extension from the original due date (of the settlement agreement)
of May 6, 2008.
October 28, 2008 — fax to ALCHEM regarding proper filing of GW 59A with each well monitoring report.
November 4, 2008 — email from ALCHEM regarding missing February 2008 GW-59 report.
November 14, 2008 — Laboratory Section sends inspection report with findings. A 30 day deadline was issued for
needed lab corrections.
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NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
POST OFFICE BOX 950
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF Complaint Investigation: Alchem Inc
PLACE VISITED Alchem Inc. Rockwell DATE Report Date: 12/30/85
ADDRESS P. 0. Box 171, Rockwell
rfd
BY WHOM Mr. Monty Payne, Ms. Tana Fryer, Mr. Rex
Gleason, Mr. Jesse Wells
RIVER BASIN Yadkin
TIME SPENT
PERSONS CONTACTED Mr. Randall Andrews, Mr. Keith Andrews, Co -Owners
REASON FOR VISIT Complaint Investigation
COPIES T0: Ijowan County Health Department.
Jesse Wells
REPORT: On November 15, 1984, this Office received a complaint concerning runoff
from Alchem, Inc. The complaint was.about.material stockpiled at the site running
off onto adjoining property and washing into a nearby stream as a result of rainfall
runoff.
On November 30, 1984, Mr. Monty Payne of this Office investigated. The
investigator observed where rain water and spillage entered a makeshift catch basin,
from which it had overflowed onto adjacent property. Mr. Keith Andrews, Co-owner,
was contacted at this time and he explained how an excessive amount of rain fall had
caused the basin to overflow,.and they (Alchem) were planning to recycle the water
in the basin back to the plant, remove the contaminated soil in the field and build
a larger basin to prevent future runoff.
Mr. Andrews also explained that the material stored behind the plant was
their raw product, aluminum hydrate. Which they combined with concentrated sulfric
acid to made a high grade alum. The aluminum hydrate in the contaminated soil and
rainwater could be used in their process after some of the impurities were removed.
Checking the pH with litmus paper before collecting samples, the investigator
found that the pH was not greater than 2.0 standard units at the catch basin and in

Page Two
the adjacent field where the runoff had accumulated. The metals sample obtained
at the same locations showed a high concentration of aluminum, iron, sodium and zinc.
The stream below Alchem was checked by Mr. Payne at the bridge on SR 2340, but
nothing abnormal was observed, although the metals sample taken did show a slightly
elevated concentration of aluminum and iron.
On December 6, 1984, this Office received a complaint from the City of'
Rockwell's maintenance department concerning a white coloration to an unnamed
tributary to Second Creek. On December 7, 1984, Mr. Payne investigated. He found
no discoloration to the creek, but the sample obtained did show a'high
concentration of aluminum.
On January 2, 1985, Mr. Jesse Wells, of this Office, and Mr. Payne returned
to the Alchem area.to sample wells at adjacent residences for possible contamination.
Neither of the wells sampled showed contamination but a stream sample obtained
showed very high concentrations of aluminum, iron, zinc and manganese. On
January 7, 1985, stream samples were again obtained and again they showed extremely
high concentrations of aluminum, iron and zinc.
During the time of mid December through early January, the stream bottom
became covered with a dirty -white floc. This floc appeared to start where a small
underground spring, or tributary, entered the creek. It is believed that this spring
or tributary was contaminated from material leaching through the soil at Alchem.
On February 28, 1985, stream samples were again obtained and they also showed
high levels of aluminum, iron and manganese in the.creek.
On March 26, 1985, this Office received another complaint from a resident in
the Alchem area about possible well water contamination. The complainant was
concerned about his/her well water being contaminated because it had a brownish
color, bad taste, and left a residue on anything that was exposed to continuous
water contact.
The.following day, March 27, Ms. Tana Fryer,, of this Office, and Mr. Payne'
investigated. Because of the excessive amount of disturbance in this area the
(the area was being cleared and the brush burned) the investigators did not find
the runoff complained about, for they were under the impression that the runoff
had just occurred. But on a return investigation on April 1, 1985, they found the
runoff complained about, which appeared to have occurred sometime before the complaint.
Soil and well water samples were taken at the complainants residence during
these visits. The soil samples showed a high concentration of aluminum, iron
and magnesium; the well water sample showed high concentrations of aluminum and
manganese. Stream samples were also taken. The samples upstream of the small
underground tributary did not show the high concentrations.of aluminum, iron,
manganese, iron and zinc as the downstream sample did.
The final discovery from these visits, was a path that the runoff had followed
toward the stream. Although the path stopped 100-150 ft. from the stream, it
was still very pronounced.
Stream samples obtained on June 11, 1985, showed a high concentration of
aluminum, iron and manganese downstream of the small tributary. Upstream of the
tributary these concentrations were higher than expected, but nowhere near the
level of the downstream sample. Bioassay samples were also taken at this time.

Page Three
The downstream sample had a LC50 of 27%; the upstream sample had a LC50 of
zero, no toxicity. The Aquatic Toxicology Group who performs bioassay testing for
the State, reported that what appeared to kill the test organisms was a low pH.
In July more stream samples were obtained,' The tributary was again used
as the dividing point to separate upstream and downstream. Next the stream
was vertically divided into an upper and lower zone, providing four areas to
consider. The top zones, both upstream and downstream, showed no problems with metal
concentrations or pH, but the bottom zones showed a vast difference. The upstream
bottom zone showed a high concentration of aluminum, iron and zinc, but no pH
problem. The downstream bottom zone showed high concentrations of aluminum, iron
chromium, copper, manganese and zinc; it also had a low pH.
.On August 8; 1985, a meeting was held at Alchem, Inc. with Mr. Randall
Andrews, Co-owner of Alchem Inc., Mr. Richard Doby and Mr. Mack Henderson of
Solid & Hazardous Waste, Mr. Jesse Wells, Mr. Rex Gleason and Mr. Monty Payne
of the Division of Environmental Management. The meeting dealt with what
impact Alchem was having on the environment and a walk through the plant.
During the tour, the pH was taken at several points and a pH below 2.0 units was
found at several points, which classified the material as hazardous. Therefore,
the clean-up of this facility comes under the jurisdiction of Solid & Hazardous Waste.
On September 9, 1985, another meeting was held, in Raleigh, with Representatives
from Alchem, Solid & Hazardous Waste and this Department to determine what actions
need to be taken for the clean-up. It was determined that the ponds need to be
emptied and the contaminated soil be removed and if the lagoon was continued to be
used it had to be lined. Secondly the contaminated soil has to be neutralized or
removed. Thirdly, the contaminated.well would have to be cleaned or a new well
put in. Last, there was an excessive amount of spillage throughout the plant
which had to be controlled.
Summary: The samples obtained over the year show that an excessive amount of aluminum
and possibly sulfric acid has escaped from the facility, which has apparently caused
surface and ground water contamination. Alchem has begun clean-up procedures in
conjunction with Solid & Hazardous Waste and Division of Environmental Management.
They have removed some of the soil around the contaminated well and replaced this
well. They have also submitted an application for a non -discharge permit to
construct an additional storage lagoon, which is being evaluated by this Office.
This Office will keep abreast of the clean-up at Alchem until it is completed.

pl6v
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State of North Carolina
tent of Environment, Health and Natural Resources
sro Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. Randall F. Andrews
Alchem, Inc.
Route 2, Box 521-C
8135 Red Road
Rockwell, NC 28377
Dear Mr. Andrews:
R. Paul Wilms
Director
January 10, 1990
Subject: Permit No. WQ0002702
Alchem, Inc.
Industrial Recycle - Bauxite Process
Rowan County
In accordance with your application received November 17, 1989, we are forwarding
herewith Permit No. WQ0002702, dated January 10, 1990, to Alchem, Inc. for the construction
and operation of the subject recycle facility.
This permit shall be effective from the date of issuance until December 31, 1994, and shall
be subject to the conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh,.NC 27604. Unless such demands are made this permit shall
be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, please contact Mr. William Barlow at 919/
733-5083.
Si cerely,
harles R. Waldi
-d—e
Acting Director
cc: Rowan County Health Department
V*Mooresville Regional Office
Environmental Hydrogeological Consultants
Groundwater Section
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alchem, Inc.
Rowan County
FOR THE
construction and operation of two (2) lagoons each approximately 50' W x 200' L x 10' D and all
associated pipes, valves and appurtenances to serve Alchem, Inc. with no discharge of wastes to
the surface waters, pursuant to the application received November 17, 1989, and in conformity
with the project plan, specifications, and other supporting data subsequently filed and approved
by the Department of Environment, Health and Natural Resources and considered a part of this
permit.
This permit shall be effective from the date of issuance until December 31, 1994, and shall
be subject to the following specified conditions and limitations:
This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications, and other supporting
data.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must. be
submitted to the Division of Environmental Management accompanied by an application
fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of the request will be considered on its merits and may or may
not be approved. -
Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
27687, Raleigh, NC 27611.

6. In the everit that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as
may be required by this Division, such as the construction of additional or replacement
wastewater treatment or disposal facilities.
7. The Mooresville Regional Office, phone no. 704/663-1699, shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in -place
inspection can be made. Such notification to the regional supervisor shall be made during
the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
8. The sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
9. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.
10. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
11. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
12. Freeboard in the lagoon shall not be less than two feet at any time.
13. Any monitoring deemed necessary by the Division of Environmental Management to insure
surface and ground water protection will be established and an acceptable sampling
reporting schedule shall be followed.
14. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
15. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to the environment, a threat to human health, or a nuisance. The
Permittee shall keep an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be maintained by the Permittee for a period
of three years from the date of the inspection and shall be made available upon request to
the Division of Environmental Management or other permitting authority.
16. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the disposal site and facility at any reasonable time. for the
purpose of determining compliance with this permit; may inspect or copy any records that
most be kept under the terms and conditions of this permit; or may obtain samples of
groundwater, surface water, or leachate.
17. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
18. Failure to.abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6.
2

19. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
20. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of this project.
21. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office,
telephone no. 704/663-1699, as soon as possible, but in no case more than 24 hours or on
the next working day following the occurrence or first knowledge of the occurrence of any
of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a basin or tank; the known. passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a
by-pass directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15.days following first knowledge of the occurrence. This report must outline
the actions taken or proposed to be taken to ensure that the problem does not recur.
22. The Permittee shall employ a certified wastewater treatment plant operator to be in
responsible charge of the wastewater treatment facilities. The operator must hold a
certificate of the grade at least equivalent to the classification assigned to the wastewater
treatment facilities by the Certification Commission. Within thirty days after the
wastewater treatment facilities are 50% complete, the Permittee must submit a letter to the
Certification Commission which designates the operator in responsible charge.
23. The lagoon shall have a liner of natural material at least one (1foot in thickness at all
locations with a hydraulic conductivity of no greater than 1 x 10- centimeters per second
when compacted. Following installation and inspection of the lagoon liner, and prior to
waste disposal operations, verification of the liner's compliance with hydraulic conductivity
and thickness specifications must be provided to the Division of Environmental
Management, Groundwater Section, by the project engineer.
24. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
25. The recycle lagoon shall not be located within 100 feet of water supply well.
3

Permit issued this the loth day of.January, 199,0
TH CAROLINA NVIR NMENTAL MANAGEMENT COMMISSION
Charles R. Wakild, g ector
Division of Environinen anagement
By Authority of the Environmental Management Commission
Permit No. WQ0002702
January 10, 1990
Engineer's. Certification
as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name
Location.
for the
Permittee hereby state that; to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature
Date
Registration No
M

STATE o
State of North Carolina
Department of Environment, Health, and Natural Resources
Mooresville Regional Office
James G. Martin, Govemor Albert F. Hilton, Regional Manager
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 25, 1990
Mr. -Randall F. Andrews, President
Alchem, Inc.
Route 2, Box 521-C
Red Springs, North Carolina 28377
Subject: Notice of Violation
Alchem, 8135 Red Road
Rowan County, NC
Dear Mr. Andrews:
Please find enclosed a Report of Investigation by Mr. Kim
Colson of this Office.concerning a discharge at the subject
facility. The report should be self-explanatory.
This discharge is a violation of G.S. 143-215.1 for which
enforcement action.may be recommended which may result in a civil
penalty of up to $10,000 per violation. Corrective measures should
be taken to prevent any future discharges.. It is requested that you
submit a written response by November 7, 1990 detailing corrective
measures taken to rectify this problem.
If you have any questions concerning this matter, please feel
free to contact Mr. Kim H. Colson, Mr. D. Rex'Gleason, Water Quality
Regional Supervisor, or me at this Office.
Enclosure
KHC/bb
Sincerely,
zoildAlfY. �+A
Brenda Smith, P.G.
Regional Supervisor
919 North Main street, Mooresville, N.C. 28115 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
POST OFFICE BOX 950
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Unpermitted Discharge
PLACE VISITED: Alchem, 'Inc., Rockwell
DATE: October 15, 1990
ADDRESS: 8135 Red Road, Rockwell
RIVER BASIN: Yadkin -Pee Dee 03-07-04
BY WHOM: Kim H. Colson, Environmental Engineer I��
TIME SPENT: 3 hours
PERSONS CONTACTED: Wayne Drye, Alchem
REASON FOR VISIT: Complaint Investigation
COPIES TO: Rowan County Health Department
REPORT:
On October 15, 1990 this Office received a report concerning a
possible discharge of alum into an unnamed tributary to Second
Creek.
Several pH readings were taken along this stream. All pH
readings taken were below the stream standard of 6 s.u. In an
adjacent tributary, a pH reading of 6.8 s.u. was obtained. (See
attached U.S.G.S. map for exact location of pH readings.)
Alchem, Inc. is located at the upper end of the subject
stream's watershed. The investigation at Alchem did reveal that a
lagoon, storing aluminum hydrate, had overtopped due to recent
rains. The lagoon is located just south of the Alchem office. The
lagoon.showed evidence of overtopping along the southernmost
embankment where. adequate freeboard had not been maintained.
This discharge, however, may not have caused the depressed pH
readings in the stream although it could have been a contributing
factor. There was no evidence of an alum discharge at the time of
the investigation.

Page Two
Conclusion: A Notice of violation will be sent to Alchem, Inc. for
the unpermitted discharge from the aluminum hydrate lagoon. A
follow' -up investigation will be conducted to determine the cause of
the substandard pH readings.
KHC/bb

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A. C. DEPT. OF N,Vr'y'"
A ♦FNto RES0f71_'r:E
COMN111:ti 1%'y
APR 1 4 1993
51ViSf08 OF ,d
State of North Carolina MQORESV{liE Orku'E
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 8, 1993
Mr. Randall F. Andrews
Alchem, Incorporated
Route 2, Box 521-C
Red Springs, North Carolina 28377
A. Preston Howard, Jr., P. E.
Director
Subject: Permit No. WQ0002702 Amendment
Alchem, Incorporated
Industrial Recycle - Bauxite Process
Wastewater Recycle System
Rowan County
Dear Mr. Andrews:
In accordance with your application received October 19, 1992, we are forwarding herewith Permit
No. WQ0002702 as amended, dated April 8, 1993, to Alchem, Incorporated for the continued operation
of the two (2) lagoon recycle system and the construction and operation of five (5) additional lagoons.
This permit shall void Permit No. WQ0002702 issued December 10, 1990 and shall be effective
from the date of issuance until December 31, 1994, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/305-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Ms. Angela Y. Griffin at 919/ 733-5083.
Sincerely,
0
A. Presto oward, r., P.E.
Director
cc: Rowan County Health Department
Mooresville Regional Office, Water Quality Section
Mooresville Regional Office, Groundwater Section
Jack Floyd, Groundwater Section, Central Office
Salisbury Engineering & Planning
Facilities Assessment Unit
Training and Certificaton Unit

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143,'General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations .
PERMISSION IS HEREBY GRANTED TO
Alchem, Incorporated
Rowan County
FOR THE
continued operation of two (2) lagoons each approximtely 50' W x 200' L x 10' D and the construction
and operation of five additional lagoons four (4) 180' W x 155' L x 20' D and one (1) 210 W x 155' L x
20' D to serve Alchem, Incorporated with no discharge of wastes to the surface waters, pursuant to the
application received October 19, 1992 and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment, Health and Natural
Resources and considered a part of this permit.
This permit shall void Permit No. WQ0002702 issued December 10, 1990 and shall be effective
from the date of issuance until December 31, 1994, and shall be subject to the following specified
conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, .a formal permit request must be
submitted to the Division of Environmental Management accompanied by an application
fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of the request will be considered on its merits and may or may
not be approved. "
5. Upon completion of construction of the five lagoons and prior to operation of this permitted
facility, a certification must be received from a professional engineer certifying that the
permitted facility has been installed in accordance with this permit, the approved plans and
specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
29535, Raleigh, NC 27626-0535.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 21, 1999
Mr. Randall F. Andrews
Alchem, Incorporated
8135 Red Road
Rockwell, NC 28138
low
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0002702
Alchem, Incorporated
Industrial Recycle -Bauxite Process
Rowan County
Dear Mr. Andrews:
In accordance with your application received October 23, 1998, we are forwarding herewith Permit No.
WQ0002702, dated January 21, 1999, to Alchem, Inc. for the continued operation of the three (3) lagoon recycle
system. As a separate issue, we are forwarding Permit No. WQ0014;4. 8 for the distribution of the recycle system
residuals. j
This permit shall be effectivefrom the date of issuance until December 31, 2004, shall void Permit No.
WQ0002702 issued June 27, 1994, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the revised monitoring requirements in this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such
demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please
extension 544. /
7" A.
cc: Rowan County Health Department
Mooresville Regional Office, Groundwater Section
Groundwater Section, Central Office
Mooresville Regional Office, Water Quality Section
Techaical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
Joe .Pearce at [phone]
Toward, Jr., P.E.
PO Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax.[phone]
An Ecqual Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alchem, Inc.
Rowan County
FOR THE
continued operation of a wastewater recycle system consisting of 3 settling lagoons to serveAlchem, Inc., with no
discharge of wastes to the surface waters, pursuant to the application received October 23, 1998, and in conformity
with the project plan, specifications, and other supporting data subsequently filed and approved by the Department
of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2004, shall void Permit No.
WQ0002702 issued June 27, 1994, and shall be subject to the following specified conditions and limitations:
This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the application and
other supporting data.
The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is
a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
(Division) accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of the request will be considered on its merits and may or may
not be approved.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those actions that may be required by this
Division, such as the construction of additional or replacement treatment or disposal facilities.
The Mooresville Regional Office, telephone number [phone], shall be notified at least forty-eight (48)
hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such
notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00
p.m. on Monday through Friday, excluding State Holidays.

f4f'�2-,?()
7. The residuals generated from these treatment facilities must be disposed in accordance with General Statute
143-215,1 and in a manner approved by the Division.
8. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or
groundwaters resulting from the operation of this facility.
9. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge
of any wastewater resulting from the operation of this facility.
10. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
11. Freeboard in the all of the lagoons shall not be less than two feet at any time.
12. Any monitoring deemed necessary by the Division to insure surface and ground water protection will be
established and an acceptable sampling reporting schedule shall be followed.
13. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee.to insure proper operation
of the subject facilities.
14. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent malfunctions and
deterioration, operator errors and discharges which may cause or lead to the release of wastes to the
environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or
summary including at least the date and time of inspection, observations made, and any maintenance, repairs,
or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for
a period of three years from the date of the inspection and shall be made available to the Division or other
permitting authority, upon request.
15_ Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the recycle system at any
reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records
that must be maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
16. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to
revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
17. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
18. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
19. A set of approved plans and specifications for the subject project must be retained by the Permittee for the
life of this project.
PA

20. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)663-
1699, as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts
of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a basin
or tank, the known passage of a slug of hazardous substance through the facility, or any other unusual
circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors,
etc.;
Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility; or
d. Any time that self -monitoring information indicates that the facility is not in compliance with its permit
limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5)
days following first knowledge of the occurrence. This report must outline the actions taken orproposed to
be taken to ensure that the problem does not recur.
21. Upon classification of the facility by the Water Pollution Control Systems Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant operator to be
in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of
the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment
facilities by the WPCSOCC. The Permittee must also employ a certified back-up operator of the appropriate
type and grade to comply with the conditions of 15A NCAC 8A .0202. The ORC of the facility must visit
each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the facility and
must comply with all other conditions of 15A NCAC 8A .0202.
22. The recycle lagoons shall not be located within 100 feet of water supply wells.
23. Monitor wells MW-1 and MW-2, depicted on Attachment A, shall be sampled February and July for the
following parameters.
Water Level pH
Aluminum
The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to
water in each well shall be measured from the surveyed point on the top of the casing.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit, P.O. Box
29578 Raleigh, N.C. 27626-0578 on or before the last working day of the month following the sampling
month.
24. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided.

25. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L,
Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2)
50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation
action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems
midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of
standards at the Review Boundary shall require remediation action on the part of the permittee.
26. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon
receipt of the request, the Commission will review the adequacy of the facilities described therein, and if
warranted, will extend the permit for such period of time and under such conditions and limitations as it may
deem appropriate.
Permit issued this the/Twenty-first day of January, 1999
NORTH C OLINA EN O TAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0002702

F�
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Marc_lasly�L999'I
Mr. Randall F. Andrews
Alchem, Incorporated
8135 Red Road
Rockwell, NC 2 813 8
Dear Mr. Andrews:
/ t�
NC.D'ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ001-6SI�-8—w 7
Alchem, Incorporated
auxif . resii u �s�Reuse Pr�grarri' �
Rowan County i R�
In accordance with our telephone discussions, we are forwarding herewith a modification for Permit
No. WQ0016388, dated March 1, 1999, to Alchem, Incorporated for the on -site reuse of a silica residual from
bauxite digestion as a fill material.
This permit shall be effective from the date of issuance until December 31, 2004, shall void Permit
No. WQ0016388 issued January 21, 1999, and shall be subject to the conditions :and limitations as specified
therein. The permit modification is to reduce the TCLP monitoring requirement to once every five years, with
the first monitoring required in 199.9.
If any parts, requirements, or limitations contained in this permit are unacceptable, .you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Joe Pearce at [phone]
extension 544.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Rowan County Health Department
Mooresville Regional Office, Water Quality Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
PO Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE USE OF RESIDUALS
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
.PERMISSION IS HEREBY GRANTED TO
Alchem, Inc.
Rowan County
FOR THE
operation of a bauxite residuals reuse program (as structural fill) on Alchem, Inc.'s property at 8135 Red Road,
Rockwell, North Carolina using approximately .3000 dry tons per year of residuals from the sources listed in
-Condition 112, with .no discharge of wastes to the surface waters, pursuant to the application received on
October 23, 1998, :and :in conformity with -the project plan, specifications, -and other supporting data
_subsequently .filed .and approved by the Department .of Environment and Natural Resources .and .considered a
part of this permit.
This permit shall be -effective from the date of issuance until December '31, 2004 and shall be subject
to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The residuals program shall be eff Lively maJ7Fratne l end trf►e_rated, s a ansd
prevent the discharge of any wastes resul ing from fhe operation of this program.
2. This permit shall become voidable in the event of failure of the residuals program to adequately
protect the assigned water quality standards of the surface waters and groundwaters.
3.
In the event that the .bauxite .residuals reuse program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease the xeuse operation take .any immediate
corrective actions as may be required by the Division of Water Quality (Division).
5. Written notification must be submitted to the Mooresville Regional Office, [phone], at least
two weeks prior to any use of residuals within 50 feet of any surface waters.

6. No residual shall be used with 100 feet of a potable water supply well unless a clay or synthetic
liner is placed over and under the residual during installation.- It will be the responsibility of
Alchem, Inc. to verify the position and .integrity of the liner prior to backfill. Under no
circumstances shall residuals be located -within 25 feet of a potable water supply well.
11. OPERATION AND MAINTENANCE REOUIREMENTS
No residuals other than the following are hereby approved for use in accordance with this permit:
Permit Volume
Source County Number (Dry Tons/Year)
Alchem, Inc.':Leached Bauxite Rowan WQ0002712 3000
2. The following use of the residual is hereby approved:
- Structural fill on Alchem, Inc.'s property at at 8135 Red Road, Rockwell, North Carolina
Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
pollutants from the residuals treatment area onto the adjacent property or into any surface waters.
010'No residuals shall be utilized for land reclamation within one foot of a seasonal high water table
and within three feet of a permanent water table.
.5.: ,�lyc+ a esidu l shall to usedaaslp�pe, beddmg&r sanitary sewter,.sCorm.sewer;�onpotable��vate21lines.
6. The permittee shall insure that :the .transportation of the residuals does not cause any adverse
.impact, i.e. transport;in -.a.leak proof truck for wet material, _ensure that trucks are covered for dry
material, or otherwise. protected to.prevent any adverse impact.resulting from operation.
M. MONITORING AND REPORTING REQUIREMENTS
Any .monitoring (including groundwater, surface water, residuals, .soil, or plant tissue analyses)
deemed -necessary by. the Division to insure protection of the environment,will be established and
an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be :maintained _by the Termittee tracking all utilization activities. These
records shall include, but.are not necessarily limited -to the following information:
a. :location of:residuals utilization
b. volume ofresiduals utilized in tons
3.
Lee hi The results of all analysis shall be maintained on file 'by the Permittee for a minimum
years. The residuals analysis .shall include the following parameters:
Arsenic
Nickel
Magnesium
Cadmium
Selenium
Sodium
Chromium
Zinc
Manganese
Copper _
Barium
pH
Lead
Silver
Phosphorus
Mercury
Calcium
Aluminum
2

After the residuals have been monitored for two years at the above frequency, the Permittee may
submit a request to the Division for a permit modification for the reduction of the frequency of
monitoring for pollutant concentrations, but in no case shall the frequency of monitoring be less
than once per year.
4,, 'Toxicrty.Charactristtcs Leaching Procedure(TCLP a alysis shall be conducted by the
Permittee once every fiveyears, with theist ana'lysis_requ rt ed=n1.999.e TCLP analysis shall
include the following parameters (please note the.regulatory level in mg/L in parentheses):
Arsenic (5.0)
Cadmium (1.0)
Chlorobenzene (100.0)
o-Cresol (200.0)
-Cresol '(200.0)
1;2 Dichloroethane (0.5)
Endrin (0.02)
Hexachlorobenzene (0.1.3)
Lead (5.0)
Methoxychlor (10.0)
Pentachlorophenol (100.0)
Silver (5.0)
Trichloroethylene (0.5)
2,4,5-TP (Silvex) (1.0)
Barium (100.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chloroform (6.0)
Chromium (5.0)
in -Cresol (200.0)
p-Cresol (200.0)
2,4-D (10.0)
-1,4-Dichlorobenzene.(7.5)
1,1 Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1.,3-butadiene (0.5)
Hexachloroethane (3.0)
Lindane (0.4)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
2,4,5-Trichlorophenol (400.0)
2,4,6-Trichlorophenol (2.0)
Vinyl chloride (0.2)
Three copies of all required monitoring and reporting requirements as specified in conditions III 1,
III 2, III 3, and III 4 shall be submitted annually on or before March 1 of the following year to the
.following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box.29535
Raleigh, North Carolina 27626-0535
6. Noncompliance Notification:
The Permittee shall report.by telephone to the Mooresville Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working day
following.the occurrence or first knowledge of the occurrence of any of -the -following:
a.. Any occurrence with the residuals reuse program Which.results in -.the utilization of significant
amounts of residuals which are.abnormal in quantity or characteristic.
b. Any failure of the xeuse program resulting in a release of material to receiving waters.
C. Any time that self -monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit.
e. Any spillage or discharge from a vehicle or piping system during transportation of residuals.
Persons reporting such occurrences by telephone shall also file a written .report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the
actions taken or proposed to .be taken to ensure that the problem does not recur.
3

IV. GROUNDWATER REQUIREMENTS
1. The COMPLIANCE BOUNDARY for the reuse site is specified .by regulations .in 15A NCAC 2L,
Groundwater Classifications and Standards. The :Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal
area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area.
An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.Wa)(1).
In accordance with 15A NCAC 2L, a :REVIEW BOUNDARY .is established .around the disposal
systems midway between the Compliance Boundary and .the perimeter of the waste disposal area.
Any exceedance of standards at the Review :Boundary shall require remediation action on the part
of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
date of .the inspection and shall be made available to ,the Division or other permitting authority,
upon request.
2. Any duly authorized officer, employee, - or .representative of -.the Division may, upon presentation
of credentials, nteatsec_apretpe,, �,,pe'aed tothetreatrrientite
orfactltatany ea4tie�forthepose of�determinirigcomplaance wth thi`s,perriitmayay onbermp
inspect or copy any records that must be kept under the terms and conditions of this .permit; and
may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL, CONDITIONS
1. This permit shall become voidable .unless the residuals reuse program .is carried out :in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by this
Division.
2. This permit is effective only with respect to the nature and volume of residuals described in the
application and other supporting data. .
3. This permit is not automatically transferable. In the event that there is a desire for the facilities to
change ownership or a name change of the Permittee, a .formal permit request must be submitted
to the Division accompanied by an application fee, documentation from the parties involved, and
other supporting materials as maybe appropriate. The approval of this request will be considered
on its merits and may or may not be approved.
4

s-'
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee must be paid by the Permittee within thirty (30)
days after being billed by the Division. Failure to pay the fee accordingly may cause the Division
to initiateaction to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon .receipt of the request, the Commission will review the adequacy of the facilities
described therein, and if warranted, will extend the _permit for such period of time and under such
conditions and limitations as it may deem appropriate.
This permit may be modified, or revoked and reissued to incorporate any conditions, limitations
and monitoring requirements the Division deems necessary in order .to adequately protect the
environment and public health.
Permit issued this the First day of March, 1999
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number'WQ0016388

74 A
May 12, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Dr -ye, Plant Manager
ALCHEM, Inc.
8135 Red Road
Rockwell, North Carolina 28138
Michael F. Easley, Governor
William G. Ross, Jr -Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
ALCHEM, Inc.
Illegal Discharge,fPermit Violations/
Surface Water Quality Standard Violations
Permit No. WQ0002702
Rowan Count,. N.C.
Dear Mr. Drye:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted pollution
control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted
on April 30, 2003 by Mr. Wes Bell of this Office. As a result of this investigation, the following
conditions were found in violation of North Carolina General Statute (NCGS) 143-215.1, I5A North
Carolina Administrative Code (NCAC) 2B .0211 (2), (3)(c) and (g), and Non -Discharge Permit No.
WQ0002702:
The facility's storage area for its fill material had discharged into a
drainage/wooded area and an intermittent stream. The intermittent stream
was observed covered (up to 24 inches) with the fill material for a total
distance of approximately 400-500 feet (upstream and downstream of
Medium Road). The upstream pH value was 6.04 s.u. and the
downstream pH values (following the discharges) ranged from 4.15 S.U. to
4.22 s.u. The facility impaired/removed the suitability of the stream for
aquatic life and propagation and maintenance of biological integrity,
wildlife, and secondary recreation. The permittee failed to 1) properly
operate and maintain the facility as a non -discharge facility, 2) cease reuse
operation once nuisance conditions existed, 3) provide adequate
provisions to prevent surface runoff from conveying pollutants into
surface waters, and 4) notify this office of the residuals release into the
receiving stream.
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 NLCDENR

Mr. Wayne Drye
NOV/NRE
Page Two
Please be advised that this report is being issued as a Notice of Violation (NOV) and Notice of
Recommendation for Enforcement for the violations of NCGS 143-215.1, 15A NCAC 2B .0211 (2), (3)(c)
and (g), and Non -Discharge Permit No. WQ0002702. Be advised that NCGS 143-215.6A provides for a
civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00), or twenty-five
thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any person who
fails to abide by the conditions of the permit and who fails to apply for onto securea permit required by
NCGS 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that
may result from the unpermitted discharge.
It is requested that you respond, in writing, within twenty days following receipt of this Notice.
The response should address the measures taken to collect and remove the fill material, and efforts to
restore all affected areas. Measures taken to prevent future discharges should also be discussed.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the discharge of the fill material
into a stream, water quality stream standard violations (pH and best usage), and the facility's failure to
abide by the conditions of Permit No. WQ0002702. If you have an explanation for the violations that you
wish to present, please include same in the requested response. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along
with the enforcement package for his consideration. V
To comply with the regulations, it will be necessary to collect and remove all of the fill material (in
the stream and drainage/wooded areas) and restore all affected areas as nearly as may be to the conditions
existing prior to the discharge.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
- D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: Rowan County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: April 30, 2003
INVESTIGATED BY: Wes Bell TIME SPENT: 2.0 hours
PLACE VISITED: ALCHEM, Inc. Business Site
PHYSICAL LOCATION: Rockwell, Rowan County
MAILING ADDRESS: 8135 Red Road
Rockwell. N.C. 28138
TELEPHONE ': [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Mr. Wayne Drve, Plant Manager, On -site Employees
REASON FOR VISIT: Investigation of complaint regarding discharge of a white substance into
a drainage/wooded area and creek
COPIES TO: Rowan County Health Department
REPORT:
On April 29,_ 2003, this office received a complaint. that a white substance from
ALCHEM, Inc. had been discharged. into a drainage/wooded area and intermittent stream in
Rockwell, Rowan County.- The complaint was investigated by Wes -Bel.l of this office on April
30, 2003.
Mr. Bell arrived at a residence below ALCHEM, Inc. adjacent to Medium Road. Mr. Bell
observed large accumulations of a white, granular material (sand appearance) throughout the
drainage/wooded area. In addition, this white substance had completely covered the bottom of an
intermittent stream (unnamed tributary to Second Creek - Class C. Stream) for approximately
200-300 feet (upstream of Medium Road). The intermittent stream was observed free -flowing on
top of the white substance at the time of the investigation.
Mr. Bell traced the white material (upstream) throughout the drainage/wooded area and
intermittent stream to a large storage area containing this white material. The material appeared
to be used as a fill material. This fill material appeared to have covered.an area between three to
five acres. The fill area had been severely eroded allowing the material to flow across a sediment
basin and silt fence into the drainage/wooded area. The white substance (combined with a clay)
had eroded/discharged into the intermittent stream in several locations. The permittee did not

Complaint Investigation
Page Two
Mr. Bell met with the ALCHEM, Inc. on -site employees. Mr. Bell escorted one of the
employees to the affected drainage/wooded area and intermittent stream. While at the facility,
Mr. Bell observed two lagoons adjacent to the fill material. The employee indicated that the two
lagoons were part of a wastewater reuse system. A third lagoon on -site was utilized as a backup.
Bauxite (aluminum ore) is transported to ALCHEM via railcart. The bauxite is mixed
with silica sand (80% bauxite and 20% silica sand), and made into a slurry via water additions.
Sulfuric acid is added to the bauxite slurry (to create the finished product - aluminum sulfate) and
a polymer is then added to aide in settling/removal of the sand. The sand is removed and rinsed
three times with water (to remove the aluminum) prior to discharging the sand/water mixture into
the lagoon system. The sand is removed from the lagoons and used as a fill material. The water
is also reused in the process. Mr. Bell was informed by the on -site employee that the facility
monitors two on -site groundwater monitoring wells as well as the fill material. Mr. Bell
reviewed the facility's permit requirements on -site and at this office.
Mr. Bell determined that ALCHEM, Inc. was issued Permit No. WQ0002702 by the
Division for the on -site reuse of silica residuals from bauxite digestion as a fill material. The
Permit became effective on January 21, 1999 and expires on December 21, 2004. The Permit
authorizes the usage of 3,000 tons per year of residual to be used as a fill material on the
company's property from the bauxite residuals reuse program. The facility failed to comply with
the conditions of their permit. Specifically, the facility failed to 1) properly operate and maintain
the facility as a non -discharge facility, 2) cease reuse operation once nuisance conditions existed.
3) provide adequate provisions to prevent surface runoff from conveying pollutants into surface
waters. and 4) notify this office of the residuals release into receiving waters. The accumulation
of the fill material in the stream impacted/removed the suitability of the waters for aquatic life
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture, which is
a violation of 15A North Carolina Administrative Code (NCAC) 2B .0211 (2) and (3)(c).
Messrs. Bell and Alan Johnson (of this office) revisited the drainage/wooded areas and
intermittent stream upstream and downstream of Medium Road on 518103. Mr. Bell sampled the
intermittent stream for pH above and below the impacted areas throughout the intermittent
stream. The upstream pH value was 6.04 s.u. and the downstream pH.values ranged from 4.15 to
4.22 s.u. A pH value' of 4.22 s.u. was recorded at the most distant downstream sampling location
(100-150 feet downstream of Medium Road). The facility's discharge of the fill material into the
stream caused a surface water quality pH standard violation. The standard for Class C Waters is
between the 6-9 s.u. (Reference: 15A NCAC 2B .0211(3)(g). Large accumulations of the fill
material were also observed throughout the drainage/wooded area at this downstream location.
Mr. Bell analyzed the pH of the accumulated water in the sediment basin adjacent to the. fill
material. The pH value was 3.86 s.u. The sediment basin was discharging into the intermittent
stream at the time of this investigation. Mr. Johnson's measurements of the accumulations in the .
stream channel showed a depth of up to twenty-four inches: Mr. Johnson also measured
accumulations up to twelve inches throughout the drainage/wooded areas (upstream and
downstream of Medium Road).

Complaint Investigation
Page Three
Mr. Wayne Drye, Plant Manager, contacted Mr. Bell via telephone regarding the
investigation. Mr. Bell informed Mr. Drye of the findings and environmental regulations
relevant to the investigation. In addition. Mr. Bell informed Mr. Drye that the Division of Land
Resources' Land Quality Section would be notified regarding the inadequate erosion and control
measures. Mr. Drye and his staff were very cooperative and helpful throughout this
investigation. A follow-up investigation by this office may be necessary to verify adequate
remedial actions.

�� S �f �� Michael F. Easley, Governor w
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
L Alan W. KlimcL P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
august 1i 9; 2'0'(+13
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall F. Andrews, President
ALCHEM, Inc.
2042 Buie Philadelphus Road
Red Springs, North Carolina 28377
Sub ject'°Idice m"`' 4''a,ln
ALCHEM,�Tnc.
Failure to Incorporate Remedial
Actions/Illegal Discharge/Surface Water
Quality Standard Violations
Permit No. WQ0016338
Rowan County, N.C.
Dear Mr. Andrews:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality (DWQ) has the delegated
authority to enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a.follow-up Investigation Report for the investigations
conducted on August 7 and 8, 2003 by Mr. Wes Bell and Mrs. Ellen Huffman of this Office. The
follow-up investigation was performed to determine ALCHEM, Inc.'s remedial actions to the
violations noted from the initial investigations dated April 29 and May 8, 2003, as stated in the
NOV/NRE letter/report dated May 12, 2003. As a result of these investigations (8/7 and 8/8/03),
the following conditions were found in violation of North Carolina General Statute (NCGS)
143-215.1 and 15A North Carolina Administrative Code (NCAC) 2B .0211 (3)(g):
Discharges (stormwater/leachate) were observed from the facility's
residual storage area entering an unnamed tributary to Second
Creek. The upstream pH values ranged from 6.72 s.u. to 6.78 s.u.
and the downstream pH values (following the discharges) ranged
from 3.80 s.u. to 4.70 s.u. No corrective actions have been initiated
at the residuals storage area and the affected tributary and
wooded/riparian areas as were noted in the prior investigations.
conducted on April 29 and May 8, 2003.
N. C_ Division of Water Quality Mooresville Regional Office 919 North Main Street Mooresville NC 28115 [phone]
s N.a
NrCDENR
Customer Service
1-877-623-6748

Mr. Randall F. Andrews
NOV
Page Two
Please be advised that this report is being issued as a Notice of Violation (NOV) for the
violations of NCGS 143-215.1, 15A NCAC 213 .0211 (3)(g), and the facility's failure to initiate
remedial actions to the residual storage area and the affected tributary and wooded/riparian areas.
Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more that
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day
when the violation is of a continuing nature, against any person who fails to abide by the
conditions of the permit and who fails to apply for or to secure a permit required by NCGS 143-
215.1. Penalties may also be assessed for any damage to the surface waters of the State that may
result from the unpermitted discharges.
It is requested that you respond, in writing, within twenty days following receipt of this
Notice. The response should address the measures taken to collect and remove the fill material,
and efforts to restore all affected areas. Measures taken to prevent future discharges should also
be discussed.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
X
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: Rowan County Health Department
Wayne Drye, Plant Manager, ALCHEM, Inc.

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: August 7 and 8, 2003
k,J 6
INVESTIGATED BY: Wes Bell and Ellen HuffmoTIME SPENT: 6.0 hours
PLACE VISITED: ALCHEM, Inc. business site and adjacent private properties
PHYSICAL LOCATION: Rockwell, Rowan County
MAILING ADDRESS: 8135 Red Road
Rockwell, N.C. 28138
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Mr. Wayne Drye, Plant Manager, On -site Employees
REASON FOR VISIT: Follow-up investigation to confirm ALCHEM, Inc.'s remedial actions to
the tributary and wooded/riparian areas
COPIES TO: Rowan County Health Department
REPORT:
On August 7 and 8, 2003, Mr. Wes Bell (8/7/03 only) and Mrs. Ellen Huffman of this
office performed follow-up investigations at the ALCHEM, Inc. business site and adjacent
private properties.
This office received a response letter (dated 5/28/03) from ALCHEM, Inc. that outlined
the corrective actions that would be incorporated at the, residuals storage area. These corrective
actions included: construction of a berm around the entire storage area, construction of a holding
pond to collect all runoff, cleanup of the affected stream, and the removal of a stormwater pipe
embedded in the residual storage area. In addition, Mr. Randall Andrews, President, met with
Mr. Bell and submitted the design of the berm and holding pond for the residuals storage area.
On 8/7/03, Mr. Bell did not observe any evidence that ALCHEM, Inc. had initiated any
stipulated corrective actions to the residual storage area, unnamed tributary, and wooded/riparian
areas. The erosion had significantly increased within the residuals storage area based on
observations made during the initial investigations (4/29/03 and 5/8/03). Both sediment basins
(for the residual storage area) were full of the residual material and one of the basins was
observed discharging into the unnamed tributary. ALCHEM, Inc. was removing the stormwater
via pump from the other sediment basin.

Complaint Investigation
Page Two
Several smaller discharges of stormwater/leachate were observed entering the unnamed tributary
from the residual storage area. On 8/8/03, Mr. Bell and Mrs. Huffman observed the same
conditions that were noted in Mr. Bell's 8/7/03 investigation.
On both days of the investigation, the upstream pH ranged from 6.72 s.u. to 6.78 s.u. and
the downstream pH values ranged from 3.80 s.u. to 4.70 s.u. The water quality stream standard
for Class C Waters is between the 6-9 s.u. (Reference: 15A NCAC 2B .0211(3)(g)). Note: The
downstream pH values (approximately 900 to 1100 feet below the confluence of an additional
tributary) ranged from 3.80 s.u. to 4.00 s.u. The pH value of the sediment basin effluent was
3.66 s.u. (on 8/8/03). In addition, the pH.value for one of the side -stream discharges was 3.05
s.u. (on 8/8/03). Samples were collected in the tributary (upstream and downstream) and the
discharging sediment basin on 8/8/03.
On 8/8/03, Mr. Bell and Mrs. Huffman met with an ALCHEM, Inc. employee following
the inspection and sample collection/analysis of the tributary and sediment basin discharge. The
employee indicated that the residual storage area was too wet to perform the appropriate
measures to contain the runoff. Grass had been planted (as recommended by Rowan County
Environmental Services/Land Quality Section) and was observed on a small section of the
residual storage area. No equipment utilized for the anticipated corrective actions was observed
on -site. The reuse system was. in operation during both investigations.
Mr. Bell contacted (via telephone) Mr. Wayne Drye, Plant Manager, on 8/11/03 regarding
the findings of this investigation. Mr. Drye indicated that the facility had not incorporated
remedial measures due to the inclement weather and the resulting poor soil conditions. Mr. Bell
informed Mr. Drye of the violations observed on -site and the need for immediate corrective
actions. Mr. Drye indicated that he would initiate the appropriate corrective actions. A follow-
up investigation may be necessary to verify ALCHEM, Inc.'s remedial actions.

STATE OF NORTH CAROLINA
COUNTY OF ROWAN,
FILED IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
2G0G MAR - 2 P 3: S 0 - 03 EHR 1587
OFFICE OF
ALCHEM, INC., WAYNE D. DRYE, AD"•SIOISTRATIVE
HEARNGS
Petitioner, )
V. )
SETTLEMENT AGREEMENT AND
NORTH CAROLINA DEPARTMENT OF WITHDRAWAL OF PETITION
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
Respondent. )
The North Carolina Department of Environment and Natural Resources ("DENR"),
Respondent, and Petitioner, Alchem, Inc., Wayne D. Drye ("Petitioner"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as they
relate to the civil penalty assessment. This matter arose out of the assessment of civil penalties
and costs totaling five thousand nine hundred ninety-eight dollars and twenty-eight cents
($5,998.28, which includes three hundred ninety-eight dollars and twenty-eight cents ($398.28)
in enforcement costs), imposed upon Petitioner on August 18, 2003 for alleged violations of
North Carolina General Statutes § 143-215.1 et seq and Non -Discharge Permit WQ0016338.
DENR and the Petitioner have reached the following settlement agreement in this matter:
1. Petitioner will adhere to the following conditions:
a. Petitioner will submit a plan or schedule to remove sand and
other materials from a tributary to Second Creek and the

riparian areas of the two affected private properties adjacent
to Alchem, Inc.;
b. Petitioner will submit a plan or schedule for removal of sand
and other materials deposited by Petitioner's facility to the
Mooresville Regional Office of the Division of Water Quality
within thirty (30) days of execution of this agreement.;
C. Petitioner shall remove sand and other materials from the
creek, creek bank, and the areas where the deposits exist in
the forested area adjacent to the creek located on property
owned by Alchem, Inc. and the two affected private properties
adjacent to Alchem, Inc, in accordance with the plan or
schedule submitted.;
d. Petitioner shall submit written notice of completion of
removal of sand and other materials to the Mooresville
Regional Office of the Division of Water Quality within five
(5) days .of said completion. _. .
2. The Petitioner will pay a total of four thousand eight hundred seventy-eight
dollars and twenty-eight cents ($4,878.28 ("Settlement Amount"), calculated as follows: Total
Penalty $5,600.00 - 20% of penalty = $4.480.00 (80% of penalty) + investigative costs of
5398.28 = 54.878.28) to DENR for settlement in the manner hereinafter described. The
Settlement Amount shall be made in the following manner: The Settlement Amount shall be
made in twenty-four (24) monthly payments. The first payment shall be due and payable on

March 1, 2004 in the amount of two hundred three dollars and thirty cents ($203.30). Each
payment thereafter shall be due and payable on the I" day of each month consecutively in
the amount of two hundred three dollars and twenty-six cents ($203.26) totaling: $203.30 +
($203.26 x 23) $4,674.98 = $4,878.28. The last payment shall be due and payable on or before
February 1, 2006.
3. The payments shall.be by check made payable to the North Carolina Department
of Environment and Natural Resources (or to "DENR") at the following address:
Stormie D. Forte, Esq.
Attorney General's Office
Environmental Protection Division
Post Office Box 629
Raleigh, NC 27602-0629
4. The breach of any condition of Paragraphs one (1), or two (2) by Petitioner will
render due and payable the entire amount of the civil penalty assessment, including investigative
costs i.e., five thousand nine hundred ninety-eight dollars and twenty-eight cents ($5,998.28).
5. Petitioner and DENR expressly stipulate and acknowledge that, by entering into
this Agreement, Petitioner. neither admits nor denies the allegations contained in the Findings and
Decisions and Assessment of Civil Penalties. However, upon a breach of paragraph one (1) or
two (2) of this Agreement, by Petitioner, the sole issue in any action by DENR is to collect the
Entire amount of the civil penalty assessment including investigative costs i.e., five thousand
nine hundred ninety-eight dollars and twenty-eight cents ($5,998.28) in accordance with the
terms of paragraph four (4) above and will be limited to the Petitioner's compliance with the
terms of this Agreement.
-3-

DENR agrees to accept payments totaling four thousand eight hundred seventy-
eight dollars and twenty-eight cents (S4,878.28), in complete satisfaction of the civil penalty
assessment subject to the terms of this Agreement.
6. Nothing in this Agreement shall restrict any right of DENR to take any
enforcement action against Petitioner for any future violations; i.e., violations occurring after
May 8, 2003.
7: The DENR and Petitioner agree that, for purposes of any future bankruptcy
proceeding, this Agreement is not intended as, nor shall it be deemed to constitute, a novation of
any claims asserted by DENR against Petitioner. Petitioner further agrees that all sums payable
to DENR pursuant to this Agreement are nondischargeable in bankruptcy under 11 U.S.C. § 523.
Nothing in this Agreement releases any nondischargeability claims that may be asserted by
DENR in any bankruptcy proceeding, and nothing in this Agreement shall be deemed a waiver of
the DENR 's right to rely on the nature of any claim or debt released in this Agreement to show
that the claim or debt is nondischargeable.
This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.
M

WITHDRAWAL OF PETITION
9. Entry of this Agreement serve as Petitioner's Withdrawal of its Petition for
Contested Case Hearing Without Prejudice in these matters. The parties agree this matter is
concluded and that no further proceedings are needed or required to resolve the contested case.
This the 3 day of February 2004.
ROY COOPER
Attorney General
By: . �}�—
tormie D. Forte
Associate. Attorney General
N. C. Department of Justice
Environmental Division .
9001 Mail Service Center
Raleigh, NC 27699-9001
[phone]
[phone]/Fax
FOR THE DIVISION OF WATER PETITIONER:
QUALITY
v
Alan Klimek, Director of Alchem,.Inc., Wayne D. Drye
Water Quality
Date: 3
z 0 Date:
D. Rex G1easah, Mooresville Randall F. Andrews, Consultant
Regional Supervisor Alchem, Inc.
Date: =i�" Date:
-5-

i o
� f
aw•��
State of North Carolina
ROY COOPER Department Of Justice
ATTORNEY GENERAL P. O. BOX 629
RALEIGH
27602-0629
MEMORANDUM
TO: Wes Belle
Allen Johnson
J. Kent Wiggins
FROM: Stormie D. Forte, Associate Attorney General
DATE: October 15, 2003
Reply to:
Stormie D. Forte
Environmental Division
Tel: [phone]
Fax:, [phone]
Sforte@ma il.j us.state.nr- s
2 20W
AND-NATUM REMCES
L40OREML E REOOML wrl CE
RE: Assessment of Civil Penalties appeal by Alchem, Inc., Wayne Drye of Rowan Cowlty;
OAH # 03 EHR 1587; Agency File No.: 03-313
Please note that I have been assigned to handle the Permit appeal by Alchem, Inc., Wayne Drye,
I will need to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested information by hand delivery or by mail.
October 19, 2003 Prehearing Statements and Document Constituting Agency Action due ro be
filed with OAH. The file was copied on today, October 15, 2003. If any
additional documentation is added to the file subsequent to today, please forward
it to us as soon as possible.
December 1, 2003 Discovery must be sent to Petitioner to give us enough time to receive ans-Wers
prior to hearing. If we are to conduct discovery, we must have the file in order to
compile discovery questions.
January 12, 2004 If Petitioner sends discovery questions to us, we must respond within 15 days of
receipt. All Discovery must be completed by the January 5, 2004 date.
January.26, 2004 Hearing set in High Point, NC with Julian Mann, III, Chief Administrative Law
Judge presiding. You have been listed as witnesses. If this list of names should
change for any reason, please inform this office immediately.
If you have any questions or comments regarding this case, please do not hesitate to call thas
office.
I.

40
Pliclmcl } lvcl:�, t;rvr:�u,:
�'illinm G. h«c� h., $ttrctat�•
North C:arolmn Dcpartmcnl of Environmcol and Natural ResourccS
,:�3akiia�y2�2.u.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall F. Andrews, President
ALCHEM, Inc.
2042 Buie Philadelphus Road
Red Springs, North Carolina 28377
Alan 'A'. larrnrk.. 1'. E.. L71RICtpr
Division of).V.1trr, `tualio•
tv V
ik
Subject:1'f��fi�l e,of
Recommendatoa� forEinfi'ement
ALCHEIvI Inc.
Violation of General Statute 143-215.1
Follow-up Investigation
Rowan County, N.C.
Tracking #: NOV-2005-SS-0001
Dear Mr. Andrews:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted pollution
control rules and regulations.
Enclosed please find a copy of a follow-up Investigation Report for the investigations conducted
on December 30, 2004 and January 5, 2065 by Mr. Wes Bell. The follow-up investigations were
performed to assess ALCHEM, Inc.'s on -site remedial activities and the condition of the tributary to
Second Creek (tributary). As a result of these investigations, the following conditions were found in
violation of North Carolina General Statute (NCGS)143-215.1 and 15A North Carolina Administrative
Code (NCAC) 2B .0211 (3)(g):
The acidic discharges into the unnamed tributary (UT) resulting from the
drainage through the unremediated wooded/riparian areas (on the
ALCHEM, Inc.'s property), had lowered the tributary's pH from 6.22 s.u.
(upstream) to 4.76 s.u. ( 10 - 20 yards downstream of where the drainage
enters the UT). No evidence was observed to suggest that ALCHEM,
Inc. had continued remedial efforts (required in the settlement agreement)
within the wooded/riparian areas on the business site.
Ivc5WCarobna AA
M
N. C Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 66---16x Customs: Service

Mr. Randall F. Andrews
January 12, 2005
Page Two
Please be advised that this report is being issued as a Notice of Violation (NOV) and Notice for
Recommendation for Enforcement (NRE) for the violations of NCGS 143-215.1, 15A NCAC 2B .0211
(3)(g), and the facility's failure to continue to remediate the wooded/riparian area located on the facility's
property. Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more that
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who fails to abide by the conditions of the permit
and who fails to apply. for or to secure a permit required by NCGS 143-215.1. Penalties may also be.
assessed for any damage to the surface waters of the State that may result from the unpermitted discharges.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the acidic discharges into the
unnamed tributary to Second Creek, water quality stream standard violations (pH), and the facility's failure
to continue the cleanup on the unremediated areas on the facility's property. If you have an explanation for
the violations that you wish to present, please include same in the requested response. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director along with the enforcement package for his consideration.
It is requested that you respond, in writing, within fifteen (15) days following receipt of this'
Notice. The response should address the measures taken to immediately cease the acidic discharges
resulting from the drainage through the unremediated wooded/riparian areas, and the efforts to ensure
future discharges do not recur. In addition, a detailed plan should be included that specifies the
remediation activities utilized and the date of completion for the cleanup of the unremediated
wooded/riparian areas on the facility's property.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
cc: Rowan County Health Department
Stormie Forte, Associate Attorney General
Wayne Drye, Plant Manager, ALCHEM, Inc.
MYE

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Follow-up Investigations
DATE OF INVESTIGATION: December 30, 2004 and January 5, 2005
ud
INVESTIGATED BY: Wes Bell TIME SPENT: 6.0 hours
PLACE VISITED: Unnamed Tributary to Second Creek
PHYSICAL LOCATION: Rockwell, Rowan County
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Follow-up investigation to determine the condition of the unnamed
tributary to Second Creek
COPIES TO: Rowan County Health Department
REPORT:
On December 30, 2004 and January 5, 2005, Mr. Wes Bell of this office performed
follow-up investigations on the unnamed tributary to Second Creek (tributary) impacted by the
runoff from the ALCHEM, Inc.'s (ALCHEM) residual storage area. ALCHEM personnel have
made noticeable progress with the remediation of the tributary and surrounding areas; however,
the wooded/riparian areas on both private and ALCHEM properties remain covered (in several
locations) with the residual material. Due to a pending (or threatened) third party lawsuit,
ALCHEM was instructed (by their attorney) to cease their remedial efforts on the private
properties.
During both site visits, Mr. Bell observed a "rainbow sheen" on the water's surface and
an orange and white colored substrate throughout the tributary. The orange substrate and
"rainbow sheen" appeared to be caused by the natural microbial actions of iron bacteria.
However, no aquatic life was observed throughout the tributary.
ALCHEM personnel had previously installed a silt fence along the section of tributary
that runs through/adjacent to the facility's property. The silt fence was installed to prevent
additional residual runoff into the tributary. The bottom section of the silt fence was not properly
secured and the front and end sections were collapsed. Mr. Bell had previously discussed (via
telephone) with Mr. Wayne Drye, Plant Manager, similiar problems with the silt fence.
Mr. Bell observed pools of water adjacent to the silt fence that appeared to have
originated from the drainage of the wooded/riparian areas on the ALCHEM property. The
drainage had channeled through the accumulated residuals of the unremediated areas in the
wooded/riparian areas and discharged into the tributary at three different locations. The pH of
the three discharges ranged from 3.12 s.u. to 3.31 s.u. prior to entering the tributary. Note: All

Complaint Investigation
Page Two
pH measurements were taken by Mr. Bell on January 5, 2005. The upstream pH ranged from
6.22 s.u. to 6.25 s.u. and the downstream pH (10 - 20 yards below the lowest drainage area) was
measured at 4.76 s.u. Additional downstream pH measurements were taken between the above -
noted sampling location and 15 - 25 yards upstream of the Medium Road culvert. These pH
levels ranged from 5.24 s.u. to 5.36 s.u. The increase in pH appeared to be influenced by the
buffering/dilution by spring water. The tributary's pH at the Medium Road culvert was 4.71 s.u.
The tributary's pH downstream of the culvert ranged from 4.53 s.u. to 5.30 s.u. The final
tributary pH value (5.30 s.u.) was taken approximately 35 - 45 yards downstream of the Medium
Road culvert. Residual accumulations were also observed throughout this downstream section of
the tributary. No aquatic life was observed.
No additional residual runoff was observed from the residual storage area since the
construction of a berm around the entire residual storage perimeter. 'The pH of the stormwater
runoff collection basin (inside the berm) was measured at 3.57 s.u. Mr. Bell did not observe any
additional sediment accumulations in the tributary, however, a significant rain event could wash
the residual material (in the unremediated wooded/riparian areas) into the tributary due to the
poorly constructed/maintained silt fence. ALCHEM personnel should immediately initiate
cleanup activities on the unremediated areas on the facility's property (wooded/riparian areas).
In addition, the problems with the silt fence should be corrected to ensure additional residual
runoff does not occur.

w ' micnaei r. tasley, vovernor;
WAIF
William G. Ross Jr.,- Se'cieta
Noith Carolina Department of Environment and Natural Resources
G7
Alan W. Klimek, P.E. Director
ai �T
Division of Water Quality
o � -c
AQUIFER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall Andrews
ALCHEM, Inc. CM # 7003 2260 0001 3494 5390
2042 Buie Philad.elphus Road
Red Springs, NC 28377
and
ALCHEM, Iric..:..
813.5'RedRoad _ CM 9 7003 2260 0001 3494 5406
Rockwell,: NC 28138
Subject: iiNct#ii;ce�t�tf�►��lat%"N ice c,
Rec.ocerner�fiR:
NOV No�NOV-2006-PC-0061
Violation of permit conditions of Non -
discharge permit No. WQ0016338
(dated March 1, 1999)
Bauxite Residuals Reuse Program.
Rockwell, Rowan County
Dear Mr. Andrews,
Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental Management.
Commission of the Department of Environment and Natural Resources to protect and preserve the water
and, air resources of the State. The Division of Water Quality (DWQ) has the delegated authority to enforce
adopted pollution control rules. This letter is a standard notification and is intended to advise you of the'
legal requirements under North Carolina law.
While issues related to more recent permits are addressed, your facility is currently:`operating under
the March 1, 1999, version of Non -discharge permit WQ0016338 for bauxite residuals reuse. An inspection
for permit WQ0016338 was conducted by Ms. Ellen Huffman, Aquifer Protection Section (APS) Mooresville
Regional Office (MRO), Mr. David Goodrich, APS Central Office, and accompanied by Mr. Wes Bell,
Surface Water Protection Section MRO, on December 5, 2006. Several violations of the subject permit
were noted during this inspection. These violations include:
Permit conditions L. I requires the residual program be effectively maintained and operated as a non -
discharge system. and 11.3 requires adequate provisions be taken to prevent wind erosion and surface
runoff from conveying pollutants from the residuals treatment area onto the adjacent property or into
any surface waters.
• Conditions at the time of inspection revealed that the berm is not effectively'retaining the water
that has collected in the residual bauxite disposal area. The pH of the water in the storage area
at the time of inspection averaged 3.8 SUs. The pH of the water seeping from a 40ft long area at
the foot of the backside of the berm was 3.13 SUs.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office
610 East Center Street, Suite 301, Mooresville, NC 28115
Nne
orthCarolina
Phone: [phone] Fax- [phone] •
Internet: http://aw.ehnr.state.nc.us

HLUHtIVI
Page 2 of 2
December 20, 2006
As related to this issue, Mr. Goodrich requested an engineering evaluation of the berm on June 8,
2005. The MRO APS received the evaluation conducted by Boyle Engineering on March 1, 2006. This
report discovered that, "the existing embankment fill conditions are too variable and are unsuitable to retain
any additional lateral loads without risk of global stability failure and subsequent breach." (See BOYLE
Consulting Engineers report dated Oct. 24, 2005, _Executive Summary, page 3).
In light of the conditions found during this inspection, including excessive amounts of stormwater
collected in the bauxite fill area and numerous seep areas on the outside of the berm, the DWQ APS has
concluded that this facility is not being effectively maintained and operated as a non -discharge system and
that the bauxite fill area cannot receive any more residuals until the area is stabilized and/or
repaired. Corrective measures'taken to address this problem will need to be signed off on by a NC
Professional Engineer. As such, ALCHEM must find a suitable alternative disposal option for any
future lagoon cleaning and notify the Division in writing within 20 days of receipt of this notice, of
the method of disposal to be used.
The Mooresville Regional Office is recommending an enforcement action against this permit for the
above referenced violations. If you have .justification that these violations are caused by circumstances
beyond your control, or you have an explanation that you wish to present, please respond in writing within
twenty (20) days following receipt of this notice. The Mooresville Regional Office will review your response
and forward it to the Water Quality Division Director with the enforcement package. It should be noted that
that, in accordance with General Statute 143-215.6A,initiation of an enforcement action could result in
assessment of penalties up to $25,000 per day.
Please address your response to the attention of Ms. Huffman. It is' -also requested that your response
reference the date and subject of this NOV/NRE, as well as the permit number. If you- have any questions
concerning this matter, please do not hesitate to contact Ms. Huffman at [phone].
Sincerely,
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
Enclosures
12-5-06 Inspection report
map & pH readings
cc: APS Land Application Unit, Permits Enforcement
APS Land Application Unit, David Goodrich
Wayne Drye, Plant Manager, ALCHEM, Inc, Red Road

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E. Director
0
NCDENR
NON -DISCHARGE COMPLIANCE INSPECTION
GENERAL INFORMATION
City/Town/Owner: Alchem Inc.
Permit No.": W00016338
Last Amended Date: N/A
SOC Issuance Date(if applicable): N/A
Permittee Contact: Wayne Drye
ORC Name: N/A
ORC Cert.#: N/A
Reason for Inspection
County: Rowan County
Issuance Date: March 1, 1999
Expiration Date:
December 31, 2004
JN/A
Expiration Date:
Telephone No.:
704/ 279-7908
Telephone No.:
704/ -
ORC:
X ROUTINE COMPLAINT X FOLLOW-UP OTHER
Type of inspection
Collection System Spray Irrigation Sludge _X Other
Inspection Summary: (additional comments may be included on attached panes)
This permit is expired. The new permit has been contested and currently in the adjudication
process. The facility was inspected using the permit conditions in the expired permit
WQ0016338, dated March 1, 1999.
David Goodrich, APS, Central Office, Andrew Pitner, APS, MRO, Wes Bell, SWP, MRO, also
attended the inspection on December 5, 1006. Physical readings of temperature and pH were
taken in several locations. See map and readings attached to this inspection report. The earthen
berm, surrounding the fill area, shows constant signs of seeping along the lower end of the berm
impoundment.. pH readings of the seeping water in this area were in the 3.08 SU range. pH
readings of the water inside the bauxite fill area, were in the 3.8 — 3.9 SU range. The earthen
berm was' oriLyinally constructed due to a previous failure to keen the bauxite residuals on site.
Boyle Consulting Engineers evaluated the berm for structural integrity in the. summer of 2005.
Continued on page 2
Is a follow-up inspection necessary X yes _ no
Inspector(s) Name(s)/Title(s) Ellen Huffman / Env. Specialist II
Telephone No. 704/663-1699 Fax No. 704/663-6040
Date of Inspection December 5, 2006

Water Recycle System Inspection
WQ0016338 ALCHEM, Inc.
Inspection Summary Continued.
Pg 2
The MRO APS received the Boyle report in March 1, 2006. The Boyle report reflected
inconsistencies in the berm construction and predicted probable failure. ALCHEM has not taken
any action to repair/replace the berm. Currently there is a large amount of rainwater in the
lagoon. This has increased the unstable conditions of the bauxite area. This inspection included
sampling of existing monitoring wells for permit # WQ0002712, which is the permit for the
water recycling system used to wash the spent bauxite, stored in the three lagoons prior to final
use in the "fill" area. A "follow-up" inspection by Peggy Finley and Ellen Huffman was on
December 14, 2006 and included record keeping and another review of the seep area. The seep
area is still saturated.
Type of System
Bauxite Residuals Reuse
Record Keeping
YIN
Y Copy of current permit available at residual generating site
Y Current metals analysis (2 x's year)
Y TCLP analysis- 1 x per permit cycle, starting in 1999.
N Hauling records (4 gal and/or ton hauled during calendar year to date)
N/E Records of lime purchased
Y Fill inspection log (records).
Treatment (check treatment type(s) used)
_ Wash Recycle System (WQ0002712)
Transport N/A
Spill control plan in transport vehicle?
Does transport vehicle appear to be maintained?
Comments -
Operation & Maintenance records N/A
ilicnneol Rnnen Aroma
u F.v
Describe storage:
No Site condition adequate
YES Signs of runoff / ponding
Monitoring well(s) Y/N: Y
The wells at this site are associated with the water recycle system permitted under WQ0002702

12/06/2006 09:29 919-715-0588 NCDE&NR/WATER QUAL PAGE 02
Temperature and pH Readings taken at the A.LCI-XE 1 Facility in Rockwell
by APS Personnel on December 5, 2006
Site
# Site Description
Water
Temp pH
1
Stormwater Drainage Ditch, downstream of railcar off-loading spot.
6.1°C
3.69
2
Approximately 50 feet downstream of Site # 1.
6.2°C
3.52
3
Shallow wetland or seep from stormwater detention pond, outside berm.
6.1 °C
3.16
4
Same area as Site # 3, neat the base of the berm.
6.4°C
3.08
5
The "corner" of the berrrced stormwater detention pond.
9.7°C
3.80
6
Close to Site # 5.
9.7°C
3.82
7
Upstream. location along the "boundary" stream.
7.0°C
5.36
8
Approximately 90 feet downstream of Site # 7.
6.0°C
5.44
9
Approximately 90 feet downstream of Site # 8.
6.7°C
5.56
10
Possible surface seep in wet area between ."boundary" stream and beam_
9.8°C
5.66
11
"Elbow" of the "boundary" stream where it changes direction.
9.3°C
5.28
12
Apparent seep area below berm. Seeps noted on the berm itself.
8.4°C
3.04
13
Upper stormwater detention pond on northern side of isthmus.
9.2°C
3.94
14
Lower stormwater detention pond on southern side of isthmus.
9.1 °C
3.98
15
Northwest corner of Lagoon. # 2.
6.8°C
3.41.
16
Northeast corner of Lagoon # 3.
8.6°C
2.62
17
Southern edge of Lagoon # 1.
6.1°C
3.31
Note: All three Lagoons were essentially full of "sand" at the time of the field visit
am December 5, 2006.

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`Q (, William G. Ross Jr., Secretary
Vj r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water (duality
CERTIFIEI1 MAIL — ## 7006 2150 0003 5466 1323
RETURN RECEIPT REQUESTED JAN Z 2007
Randall F. Andrews NC 0ENIRv
ALCHEM, Inc. DWQ - Aquifer Protection
8135 Red Road
Rockwell, NC 28138
Subject: eTI I�c�, W � 001630F8
ALCHEM, Inc.
F� l;x— to I t i"la s oncs ill
��a�Yi�.tspcss��l �rt�gral
Rowan County
Dear Mr. Andrews:
In accordance with your application received on_ e,rl'crg3�0�F23`� are forwarding herewith
Permit No. WQ0016338, dated December 28, 2006, to ALCHEM, Inc. for the on -site surface disposal of a
silica residual from bauxite digestion. This permit shall be effective from the date of issuance until November
30, 2011, shall void Permit No. WQ0016338 issued March 1, 1999, and shall be subject to the conditions and
limitations as specified therein.
According to the engineering report prepared by Boyle Consulting Engineers, PLLC, on October 24,
2005 entitled "Report of Preliminary Geotechnical Exploration & Earthen Embankment Analysis", the
existing fill at the site is not suitable to provide direct foundation support for the intended construction of
buildings for industrial purposes. The existing berm that contains stormwater runoff from the bauxite fill area
was judged to be unsuitable to remain as constructed. A recent visit to the site by NCDENR personnel
disclosed some seepage locations along the outside of the berm at elevations below the surface of the ponded
stormwater runoff. In view of these inadequacies, the Division is requiring that the berm be replaced or
properly repaired and that the structural and hydraulic integrity of the new or repaired structure be verified by
a licensed engineer (Condition I.1.). The addition of further bauxite material to the fill area is prohibited until
this is accomplished and the engineer's report is received by the Division (Condition I.2.). Please pay
particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in future
compliance problems.
An Assessment of Civil Penalties and a Notice of -Violation was issued against the facility under
Permit Number WQ0016338 on August 18 and 19, 2003, respectively, in response to a release of residuals into
a drainage/wooded area and an intermittent stream, The permittee was cited for inadequate corrective actions
in response to a release of residuals into an unnamed tributary to Second Creek and the resulting depression of
pH in the water of the tributary. No ° Carolina
a�`ur�a!!�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://h2o.enr.state.no.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 501% Recycled/10% Post Consumer Paper

An earthen berm has since ltieeW consinzted Jompletely around the fill material area to correct the
problem and to keep the fill on the site. Although the fill is currently contained, the capacity of the enclosed
area is limited, and the permittee is required to submit a site life estimate for the fill area, as well as a long-
range plan for residuals disposal that shall include a timetable for implementation, and actively seek alternate
disposal/reuse options with a proposed schedule for implementation, under the conditions of Permit Number
WQ0002702, issued on December 28, 2004, Permit Number WQ0002702 further requires the earthen berm to
be'inaintained.so-as to keep the fill and/or accumulated rainwater from leaving the fill area. In addition, this
Permit WQ0002702 also required submittal of a map per Condition 31. within 60 days of permit issuance; the
Division no record of that submission. Submittal of the information required in Permit WQ0002702 is
rtecess eValnarAe adequacy of this residuals management system. This permit may be re -opened to
a address any concerns developed,'as a result of the review of this information and the information submitted
under Conditions I.1. and I.I. (see below), as well as any additional compliance issues.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150H of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North
Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact David Goodrich at (919)
715-6162.
Sincere ,
U
-Alan W. Klimek, P.E.
cc; Rowan County Health Department
Mooresville Regional Office, Aquifer Protection Section
Aquifer Protection Section, Central Office
Technical Assistance and Certification Unit
Permit Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SURFACE DISPOSAL OF RESIDUALS SOLIDS (503 exempt) PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
All em, Inc \
Rowan County ;
operation of a bauxite residuals monofill surface disposal program on Alchem, Inc.'s property at 8135 Red
Road, Rockwell, North Carolina using approximately 3,000 dry tons per year of residuals from the sources
listed in Condition II 2, with no discharge of wastes to the surface waters, pursuant to the application received
on September 30, 2004, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment'and Natural Resources and considered a
part of this permit.
This permit shall be effective from the date of issuance until November 30, 2011, shall void Permit
No. WQ0016338 issued March 1, 1999, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. Within ninety (90) days of permit issuance, the berm structure containing the stormwater runoff
from the bauxite fill area shall be replaced, or properly repaired in such a fashion as to address the
concerns noted on page 19 of the report entitled "Report of Preliminary Geotechnical Exploration
& Earthen Embankment Analysis" issued by Boyle Consulting Engineers, PLLC on October 24,
2005. The replacement or repairs shall establish structural and hydraulic integrity within the berm
structure. This integrity shall be verified by field examination and testing performed by, or under
the direction of, a licensed engineer. An engineering report attestitig to the structural and hydraulic
integrity of the berm structure, that is signed and sealed by an engineer licensed in the State of
North Carolina, shall be submitted to the Division at the conclusion of the verification procedure.
Two copies of this report shall be submitted to the Aquifer Protection Section's Mooresville
Regional Office at 610 East Center Street, Suite 301, Mooresville, North Carolina 28115.
2. The addition of bauxite material to the fill area is prohibited until such time as the berm structure
has been replaced or properly repaired and its structural and hydraulic integrity have been verified
by field examination and testing performed by, or under the direction of, a licensed engineer, and
the engineering report is received by the Division.

H.
3• The residuals program shall be effectively maintained. o eaation of this programischarge system to
prevent the discharge of any wastes resulting from t p
e voidable in the event of failure of the residuals program to adequately
4• This permit shall become �?
protect the assigned water quality standards of the surface waters and groan waters.
not relieve the Permittee of the responsibility for damages to j
5. The issuance of this permit shall
surface or groundwaters resulting from the operation o£ this program.
(• In the event
that the bauxite surface disposal program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease the reuse operation and any
immediate corrective actions as may be required by the Division of Water Quality (Division).
®pEytAl'I®N AND MAINTENANCE RE UIR EM[ENTS
application sites shall be properly maintained and operated at all times.
1, The facilities and
2, No residuals other than the following are hereby approved for use in accordance with this permit:
Permit Volume
- WQ0002712
Alchem, Inc. Leached Bauxite
Rowan
c M
are non -hazardous under the tResource Conservation and Recovery Act
3. Only residuals that
(RCRA) shall be disposed in the surface disposal ant
4• The pollutant concentrations in the residuals that wibi e t dry weight bass) . posed of in the f ace disposal unit
shall not exceed the following Ceiling Concentrations
Parameter Ceiling Concentration
(11ailligrams per kilogram)
30
Arsenic 200
Chromium 210
Nickel _
5 • The following buffer zones shall be maintained:
a. 400 feet between an active surface disposal unit and any habitable residence;
b. 100 feet between an active surface disposal unit and any public or private water supply source,
all streams classified as WS or B, waters classified as SA or SB and any Class I or Class II
impounded reservoir used as a source of drinking water;
c. 100 feet between an active surface disposal unit and any stream, lake, river, or natural
drainage way;
unit and property lines (if the original permit was
d. 50 feet between an active surface disposal
line as 100 feet, updated maps must be submitted
issued with the buffer distance to property
and new acreage delineated for the buffer to be reduced);
e. 10 feet between an active surface disposal unit and any interceptor drains or surface water
diversions (upslope);
2

01/�8/2007 19:55 9108435789 IAC INC
ALCHEM, INC
Corporate Of
Roe
2042 aule Phlladelphus Road
Red Springs, NC 28377
Tal. 970-843 2121 — 800-522-2944
Fax [phone]
rfa(�:semr.net
la j lc f � , Z'�®7
Mr. Andrew Pitney
Euviro.n.mcntal Regional Supervisor
NCDENR
61.0 .East Center St-, Suite 301
Mooresville, NC 28115
Re: NOV No. NOV-2006-PC-0061
Dear Mr. Ptiner:
PAGE 01
Saps and Manufacturing
$1.35 Red Road
Rockwell, NC 28138
Tel.[phone].462-2586
Fax [phone]
pdrye a alltel.nek
Th.an.k you for your letter of January 19, 2007. Alchem bas not used the permitted fill
area since we received a letter about this in rni.d December. I have been talking with
Fag.i.neers about this project since then. and trying to .find a solution to tl3i.s problem. At
one time we sold some of our sand to a fertilizer manufacturer. I have contacted thorn
and taken new samples to try and. get this as az1. outlet again. The only proposal that I
have, I recently received and just tl.1.e cost for the engineering was far more than the value
of our company. At one time I called the Salisbury Landfill, but having to pay the
disposal fee is something that would wreck us economically. We are .fast pulling the
water down to very minimal levels again. There were two very large rain storms back in
middle and late November. We have changed the ditch coming under the rai.l..road and so
now the water from the large area across the railroad is diverted F'rorn. our contained area.
SMEc nearest: -our reactor: ,.auto the area near the railroad. I plan to use that -511, and that area.
on which to put our Magnesium, Hydroxide and Calcium. hydroxide 1-nixing tanks.
Thank you for your consideration.
Best regards,
ALCHE.M, INC
Randall F. Andrews,
Plant Manager. .

FROM
FAX NO. :
ALCHEM., INC.
Corporate Office
2042 Buie Philadelphus Road
Red Springs, NC 28377
Tel. 910-M-2121 — 800-522-2944
Fax 910-W-5789
rfa(a)semr.nnt
e15 a dQ
Mr. Andrew Pitner
Environmental Regional Supervisor
NCDENR
610 East Center St., Suite 301
Mooresville, NC 28115
Dear Mr. Ptiner:
Feb. 21 2002 10:54PM P1
Sales and Manufacturing
8135 Red Road
Rockwell, NC 28138
Tel. [phone] — M-462-2586
Fax [phone]
pdrye(q�ailiel,net
Thank you for meeting with me last Wednesday. I would like to outline some of the
problems that we have discussed.
Seepage of the captured Iiquid.- We. were unaware that there could be seepage. I have
called at least 6 engineering companies to try and get some help. Several of them, such
as BOYLE ENGINEERING were too busy for the foreseeable future. I did get people
from two firms to come and look. Monday afternoon..I had another on site visit an.d I feel
that this firm has an idea of how to solve the problem that will work scientifically and be
economical. We expect to have a very sound step by step plan very shortly. This plan
should include work by a Geologist and PE. I have looked into taking the sand
somewhere else. At one time I had contacted the ROWAN COUNTY LANDFILL. I
have called them again. 1 can tell you that if we are forced to take out the sand to a
landfill, there is every possibility that because of the economics ALCHEM will not be
able to survive. There is a real possibility that ALC.H M will be forced to close and
terminate the jobs of all employees. Our business has not been profitable for several
years. In the last four years we have had two very large competitors declare bankruptcy
and close plants. 1 realize that it is not your responsibility to keep our company
operating, but it is mine, and I do not wish to close and tell our employees to go to work
elsewhere.
We are cuzzently mixing all of the sand that we remove from Lagoons with lime and then
we check the pH to make certain that it is above 6. We have the test results and have our
pH measuring instruments on site. T believe that Ms. Huff -pan has reviewed these results
in the past. One of the stipulations of the Lagoon permit is that a. pH level of 6 be tested
for and results logged- There certainly is no structural reason for not using the sand. to
raise the ground level in the area near the railroad tracks. This is an area tbat l wish to
else for our Alkali Slurry manufacturing- We now have all of the equipment on site to
place the sand and compact it to a level where there will be some structural integrity.

...................................................................................:..:................................................................
FROM FAX NO. Feb. 21 2002 10:55PM P2
' ALC"'r'INC •
Sales and Mane acturina
Corporate Office 8135 Red Road
'2042'&Ae I? iladelphus Road Rockwell, NC 28138
Red Springs, NC 28377 Tel. [phone] �- 800-462.2586
Tel, 910-843-2121 -- 800.522-2944 Fax [phone]
Fax [phone] [e-mail]
zfaC Mr.net
There is no problem with using the sand but it is necessary to pack it properly. My
understanding is that it is necessary to pack approximately 6 feet of sand to achieve a
sound structural integrity. If we use clay or fill from off site, we would need to use the
same packing procedures. It makes no sense to me to pay the landfill to take our sand
and then buy dirt from offsite. We have over the years contacted numerous potential
users of the sand. I could give you a list if that is necessary. I have several other
possibilities that we are exploring. At one time we sold the sand to a fertilizer
manufacturer as a filler and replacement for river sand. I have contacted the Plant
Manager and personally taken a sample. I have furnished them with analytical data on
the sand. The project is certainly in the discussion stage. I do not see the need to furnish
you at this time with his name and telephone number. They are within 60 miles of
Rockwell and the economics will work. I am following this very closely and will check
on this again probably Monday or Tuesday. I have some other potential uses and I am
exploring them. All of these take time and cannot be done fast. We need to use 500 tons
of our sand now. We currently mix it with Lime. We have lime on site for the mixing
and pH. adjustments. We expect to remove the bricks and damaged reactor and place the
newly built wash tank within. 7-10 days. This should allow us to remove more of our
product from the sand and more easily raise the pH level of the sand.
I would like to point out that the level of water in the sand berm area is already very low.
We have diverted the storm water around the berm area instead of into it. We are
currently pulling up water from this area into our process. We feel that within 7-10 days
there will be no water in this area. We feel that with'the storm water diversion that we
will be able to keep the water level at a level so that there is essentially no danger of any
additional possible seepage.
someaof-th_e sarr,d--fr_om--t-hese- lagoons-andause ita
Best regards,
ALCHEM, INC
Randall F. Andrews,
Plant Manager
ams

................................................................................................................................x t.� ) -�r�...................................... �.J..................
FROM FAX NO. Mar. 03 2002 09:09AM P1
ALC",V-.M, INC&
Con>orate Office Sales and Manufacturing
8135 Red Road
204213uie Philadelphus Road ,Rockwell, NC 28138
Red Spritlgs, NC 28377 Tot. 704-279.7908 r- 800.462-2586
Tel, )1()-843-2121 -- 800-527--2944 F,%x T)4-279-8418
Fax [phone] pdrye(&alltelmet
f� i:)semr,a)�t
p ebxat�y, 2�35?7
Mr, Andrew Pitner
Environmental Regional Supervisor
NCDENR
610 East Center St., Suite 301
Mooresville, NC 28115
Dear Mr. Ptihq-1(
I would like to address some of the problems that we discussed in our, meeting with Ms.
Peggy Finley.
1. The p1-1 of the lagoons were low. We expect to solve this problem shortly. We
should have the damaged reactor out of the way. We should start to neutralize the
tiny bit of free acid contained in the sand
2. We are looking at the problem that you indicated that we have with the down
slope monitoring well. I will have more on it by the end of the week. I will go
back and do some research on the analytical results. If there is a definite need I
will do another sample for the well.
3. The lagoon with a water level too close to the top. I spoke with Wayne Drye
about this 'again. I can, not say what happened as I was not there. The real
problem is that there is too much sand in the lagoons and they need to be at least
partially emptied. I have looked at the BO'YLE report again. It states that we
should have done a better job of packing down the sand. It gives several other
suggestions. It does not indicate to me that there is any problem that we cannot
solve. We did not get our track hoe to dig out the sand until late in November.
We also have our packer at Rockwell and we can pack the sand and place it in
"thin lifts" that will suit for the compaction. We plan to get a. company such as
SandME to work with us on this. I really see no problem at all with this. We
really need more sand at the area where we will build. I do not plan to put any
sand on the west side of the railroad. All of the sand is mixed with Lime. We -test
each load l.�P -, - -flac�in-sorrle--�o#
ground's`; Our
objective is to use t e sand beneficially.
Best regards,
HE C
Randall F. Andrews,
Plant Manager
ants

f=1! ED
STATE OF NORTH CAROLINA
COUNTY OF ROBESON -�'
�L9] NOV 21 P 4: 15
OFFICE OF
ALC 1EM,INC., h:""`,iCTr'Ai)fVE
Petitioner, )
v. )
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL ' )
RESOURCES, DIVISION OF WATER )
QUALITY, ) .
Respondent. )
IN THE OFFICE OF
ADNM41STRATIVE HEARINGS
07 EHR 0439
07 EHR 0177
SETTLEMENT AGREEMENT AND
WITHDRAWALOF PETITION
The North Carolina. Department of Environment and Natural Resources (hereinafter
`Respondent) and Petitioner, Alchem, Inc., (hereinafter`Petitionet), hereby enter into this
Settlement Agreement (hereinafter"Agreement) in order to amicably resolve matters in
controversy as they relate to a civil penalty assessment and permit requirements. This matter
arose out of the:.assessment of civil penalties and costs totaling ten thousand six hundred
seventy-seven dollars and sixty-one cents ($10, 677.61) which includcs six hundred seventy-
seven dollars and sixty-one cents ($677.61) in enforcement costs, imposed upon Petitioner on
February 20, 2007 for alleged violations of North Carolina General Statutes § 143-215.1 er seq
and Non -Discharge Permit WQ00.16338. This settlement Agreement also addresses and covers
challengcs to Alchem permit WQ0002702.
Without any hearing of fact or law in the above -styled matters, Respondent and the
Petitioner have reached the following settlement agreement in this matter:
If V.
ly

l . Petitioner wiU adhere to the following conditions:
than' 30 days of the execution of this Agreement, Petitioner will
immediately create two (2) feet of freeboard space in all storage lagoons.
Additional bauxite residuals must be disposed of in a manner consistent
with Water Quality General Statutes and the relevant rules promulgated
thereunder or applicable Solid Waste Statutes and the relevant Hiles
promulgated thereunder '(it is anticipated that" the bauxite in' the first
lagoon will be disposed of off site and the residuals from other lagoons
can be disposed of on site after cicaning and in accordance with the terms
of this agreement);
b. Petitioner will refrain from placing any bauxite residuals. for fill in the
berm area until construction and repairs to the berm and stormwater
retention pond below that area are complete;
:.C. Petitioner will complete construction and repairs to berm and stormwater
retention pond on or before October 30, 2007, wiih'site work monitored by
a licensed professional engineer to ensure proper construction and with
notification to Mooresville Regional Office of DWQ upon completion;
d. Petitioner shall inspect and repair all three storage lagoons on site by.7urie
'2008 with site work monitored, tested and certified by a licensed
Professional engineer to ensure proper construction. In order to meet this
requirement, the Petitioner will be allowed to set up a temporary mixer on
site for the purpose of combining the residuals with a chemical agent that
N

F
will bring them into compliance with appropriate pH levels, which will be
removed once the storage lagoons }rave been repaired and the Respondent
has determined that the residuals are leaving the wash system and reaching
the storage lagoons and berm areas at the appropriate pH levels;
e. On or before March 1, 2008, the Petitioner will submit to the Mooresville
Regional Office of DWQ a site assessment prepared by a licensed
professional engineer. The site assessment should include a site map, a
land survey that delineates current fill and set backs from residential and
commercial properties, operational plan including projected estimate of
site life;
f. On or'before6June:;2a2Q08, the Petitioner will install sariiplingports in the
pipes between the wash system and the storage lagoons. Additionally,
Petitioner will provide sampling data to the Mooresville Regional Office
of DWQ that the bauxite residuals being transferred from the wash system
to the mixer and/or storage lagoons and eventually to the berm fill area,
have achieved the prescribed pH level; and
g. Petitioner may seek a permit modification to address condition II(5)(a)
(400-foot buffer zone) after a concurrent site inspection with DWQ staff
and a licensed professional engineer retained by Petitioner.
2. Petitioner shall pay Respondent nine thousand dollars ($9,000.00), (hereinafter
`Settlement Amount), which includes eight thousand three hundred twenty-two dollars and thirty-
nine cents ($8,322.39) for the civil penalty and six hundred seventy-seven dollars and sixty-one
-3-

WITHDRAWAL OF PETITION
11. Entry of this Agreement serves as Petition efs.Withdrawal of its Petition for
Contested Case Hearing Without Prejudice in these matters. The parties agree this matter is
concluded and that no further proceedings are needed or required to resolve the contested case.
FOR THE DIVISION OF WATER
QU ITY:
Andrew Pitner, Mooresville
Regional Supervisor, DWQ
Date:
APPROVED AS TO FORM:
ROY COOPER
Attomey,General
B'
yr-
Stormie D. Forte
Assistant Attorney General
N. C. Department'ofJustice
Environmental Division
9001 Mail Service Center
Raleigh NC 27699-9001
ALCHEM, INC.:
i
Randall F. Andrews
Alchem, Inc.
Date:
THE YARBOROUGH LAW FIRM
Attorneys at LaW
B.
Y:
H. Addison Winters
Attorney at Law
P. 0 Drawer 705
Fayetteville NC 28302

Alchem — Telephone Notes, Illegal Disposal
Feb. 8, 2008 Received by Peggy Finley at 3:15pm
Caller - Jason Williams cell 980/621-1651 home 704/857-1136
Mr. Williams was approached by an employee of Alchem (truck driver) about using Alchem
residuals as fill in a ravine on Mr. Williams' property. He was told that it was free and was
provided with a laboratory sheet that actually appeared to be for QA/QC. Mr. Williams called
us to inquire as to the wisdom of accepting this material. Peggy pointed out that the lab
sheet did not appear to provide information that would be useful in making that decision. In
addition, there was no guarantee that a laboratory report represented the materials that
would actually be brought to his property.

Ngrth Carolina
Department of Environment and Natural I.2esources
Michael F. Easley, Governor
William G. Ross Jr., Secretary.
James D. Simons, P.G'.; P.E.
Director and State Geologist
NOTICE OF DEFICIENCY
November 25, 2008
CERTIFIED MAIIa
RETURN RECEIPT REQUESTED
7001 2510 0000 6682 0486
Buie Land Company, Inc.
Attn: Randall Andrews
2042 Buie-Philadelphus Road
Red Springs, NC 28377-
Dear. Randall or Charlie Andrews:
®ENR , y'
Division 'of Land Resources
RF„ - Notice of Deficiency, `Para Mine
Permit Number: 78-29
Robeson County, North Carolina
River Basin.: LUMBER
On 11/24/2008, an inspection'of the subject mine was performed by Eric
Matuszewski, Sally McKinney, and Lvangel.yli Y,owery-Jacobs of this office.
Deficiencies were observed that requite your prompt. attention..
The deficiencyies discovered and 'the necessary corrective actions are as follows:
1. OCS —All mining boundaries (6.12 acres) shall be permanently marked at the
site on 100. foot intervals unless the line of sight allows fdr. larger spacing
intervals.
Mining boundary markers were not visible at the time of the inspection.
2. OC4.13: All drainage from the. affected area around the thine excavation shall.
be diverted internal to said excavation.
The mine pit drains: into -an open -ditch and is.discharged into an 'off -site body
of .water:
Land Quality Section [phone] Fax [phone]
225 Green Street, Suite 714/ Systel Building, Fayetteville, North Carolina 28301-5043
AN LQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED (10% POST CONSUMER PAPER

78-29
Tara Mine
3. OC8:.Berrils shall be constructed or vegetation in the form of evergreens
and/or red tips shall. be planted. along the entire property line that parallels NC
Hwy 72 around the property line that parallels the existing soil access road for
a minimum of 250 feet. Said berms shall be a minimum of six feet in height
with sideslopes that maintain adequate vegetation. Said trees shall be planted
on six foot -staggered spacings and shall be a minimum height of four feet.
The berm does not extend along the entire property Zinc that parallels NC Hwy
72 or the property line that parallels the existing soil access road.
4. OC10A -- No on -site disposal of refuse or other solid waste that is generated
outside of the mining permit area shall be allowed within the boundaries of
the mining permit area unless authorization to conductsaiddisposal has first
been obtained from both the Division of Solid Waste arid'the Land Quality
Section, Department of Environment and Natural Resources. The method of
disposal shall be consistent with the approved reclamation plan.
Immediately remove solid waste from within. the mine boundaries and dispose
of waste in a disposal facility approved by the Division of Waste
Management.
5. OC1013: Mining refuse.as defined by G.S. 74-49 (1.4) of the Mining Act of
1971 generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvent or their storage
containers of any other material that may be considered hazardous shall be
disposed of within the permitted area.
Multiple piles of off site generated waste were observed during the inspection.
The piles varied in their. content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the mine boundaries and'disposed
of in facilities approved the Division Waste Management and the Division. of
Hazardous Waste Management.
6. 0C12: Mining refuse as defined by G.S..74-49. (14) of the Mining Act of
1971 ' generated on' -site and directly associated with the minirig activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of:in a disposal facility aproved.by the hvision o%Waste
Management. No petroleum products, acids, solvent or thcir.storage
containers or any other material that may be considered hazardous shall be
disposed of within the permitted. area.
2

r .
78-29
"Para Mine
Multiple piles of off -site generated waste were observed during the inspection.
The piles varied in their content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the mine boundaries and disposed
of in facilities approved the Division Waste Management and the Division of
Hazardous Waste Management,
7. RC2D: No contaminants shall be permanently disposed of at the mine site.
On -site disposal of waste shall be in accordance with Operating Condition
Nos. I O.A. through D.
The mining site is not in. compliance with Operating Conditions 1OA and 1 OB,
as described in items 4 and 5' of this Notice.
Tf the previously described deficiencies are not corrected within 30 days following your
receipt of this Notice this matter will be referred to the Director., Division of Land
Resources/Department of Environment and Natural Resources, for issuance of a "Notice of
Violations" in an effort to secure compliance. In addition, failure to correct the deficiencies may
result in the assessment of civil penalties and/or injunctive relief against you.
Do not hesitate to contact I:sric Matuszewski or me at [phone] regarding any
questions you may have.
Sincerely,
M. Stephen Cook, C.P.E.S.C.
Regional Engineer
Land Quality Section
MSClsym
Enclosure: Inspection Report
ec: Floyd Williams, PG, CPG, CPESC
Dennis Shackleford, FRO Solid Waste Management
Christy Richardson, FRO; :Division of Air Quality

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MIKE INSPECTION REPORT
(PERMITTED MINE)
t. MINE NAME TAca In,0A 2. MINING PERMIT # "1<&-Z`(
3. OPERATOR ,a �AinCf oeu,1-S 4. COUNTY _ Rp�,v.
5. ADDRESS a o -i a _ a a-f� P h g ,A ,n hkl n h1&arL _
6, PERMIT EXPIRATION DATE (n-lil-6'1 7. RIVER BASIN �i► ;M1g�
8. Person(s) contacted at site --
9. Was mine operating at time of inspection? ❑ Yes X No 10. P16tures? fX Yes ❑ No
-
I L Date last inspected: a / 11 / o 1� 12. Any mining since last inspection? •❑ Yes ❑ No
13. Is the mine in compliance with the Operating Conditions ofthe Permit? ❑ Yes No
If no, explain:
C.
;/ � o
ehol r t. �i eat w1Z
14. Is the mine in dompliance with the Re amation Conditions of the :Permit? ❑ Yes VNo
If no, explain: af3i cAa e (o p etis 4-o tgkj
At Moninjft
15. Did any of the above deficiencies result in offsite damage? ❑. Yes. No If yes, describe -the
type and severity of the damage:
no A'VI-SL-kc
16. Corrective measures needed and/or taken: ,�n,rn,� c� ,oe r m►-t f ]tea c. 9re J(
Id
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) ❑ Not Reviewed
O A p
nnis ani- tp'Ldt`ju CLlA4r, %S=2
19. Follow-up inspection needed? DiCYes ❑ No Tlo La_1tatA4ed date 4/ l 1
20. No. of additional pages of Inspection Report____, 21. Copy of Report sent to operator / /
(date)
INSPECTED BY: E rnab= &kj SAAcCn_n_ioaj
9' DATE i (/ /
Telephone No:
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

'!
NCDE R
North Carolina Department of Enli.ironment and Natural Resources
DIVISION OF AIR QUALITY
f
Michael F. Easley, Governor
CER'1'IFIED MAIL 1.2ErURN RECEII'T.REQUESTEI)
7099 3400 00161988 51.03
September 8, 2008
Mr. Randall Andrews, Owner
Bute Land Company, Inc.. 6c;
2700 NC flwy 72 West
Lumberton, NC 28360
SUBJECT: Civil Penalty Assessment for Violation(s)
21) .1900 Open Burning
Pile No.: DAQ 2008-113
Violator: Buie Land Company, Inc. .
County: Robeson
Dear Mr. Andrews:
A
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
This letter transmits notice. of civil penalty assessed against .Buie Land Company, Inc. in the -amount of
$2,000 and $183 investigative costs, for a total of $2,183.
Enclosed is a copy oi'the assessment doctunent explaining; this penalty. This action was taken tinder the
authority vested in me. by tine delegation pursuant to.North Carolina General Statutes (NCGS) 143-215.114.A(d).
Any new or continuing violation(s) may be the subject of a new enforcement action,- including additional penalty.
You must take one of'the three fictions outlined below within thirty (30) daysfrom the dide 7�f receipt of
tleiy letter. Please be.advised that if you fail to exercise one of the follorving options )vitlrin thirty (30) days,
you will lose your• H" ltt to appeal or contest this case final your arse W11 he forwarded to the Ad(jrney
Gdne'nd's Office for collecdorl.
1. Submit payment of the penitlty:
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
1Zesources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when submitting payment. Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Enforcement Group - Payment
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1641 ��I1P..
2729 Capital Blvd., Raleigh, NC 27604 Nat,
{)1't l c1T'(il.11ldPhone: (919) 71,5-1728 / FAX: [phone] / Internet: www.ncainorg ��411
An I'.qual Opportunity / ALGrniative Action E nploycr - 50% Recycled/10% Post Consumer Paper

Mr. Andrews
September 8, 2008
Page'.2
Please be advised, that it is the policy fur NCDEENR to charge and collect a processing fee of $25.00.for
c%ec/rs on which payment has been refused by the Mink becrcuse of insufficient fiords oi• because of an
invalid bank account.
OR
2. Submit a written request for )-emission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of theamount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a. request must be accompanied by a waiver'of your right to an administrative hearing and a stipulation and,
agreement that no factual or legal issues at- in dispute. Please prepare a detailed statement that.establishes why you
believe civil penalty should be remitted, lid submit it to the address listed below. In determining whether a
remission request will be approved; the following factors shall be considered:
(1) whether one or more of the civil penalty. assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether tile violat,qr promptly abated. corrfinuing environmental damage resulting from the
violation;
(3) whether the violation Was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If ,you chose this option, do not send in payment at this time. 'The Director of the Division of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Corrimittee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission. .
In order to request remission, .you rust complete and submit the enclosed ".Request fot- Remission of Civil
Penalties, 1!f[1LVe1' ofRighl to an Adminish-alive Heating, and Stipulation. of Facts".form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed ',lustificationfibr
Remission Request." .moth forms should be submitted to the following address:.
Enfor-cement Group - Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 276994641

1
Mr. Andrews
Page 3
OR
3. File a petition for an administrative hearing Nvith the Office ol'Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for all
administrative hearing. You may obtain fine petition form from the Office of Administrative Hearing (OAH).
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office howl. The OAH accepts
filings M.onday -through Friday between.the hours of 8.00 a.rn. and 5.00 p,m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OQI-1. The.petition may.lie faxed, provided
the original and one copy of the document is received in the OAI1 within five (5) business days following the
faxed transmission. 1"he mailing address for the OAH is as follows:
Office of Administrative Hearings
6114 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on NCDENR as follows:
Mary Penny'Thompson, General Counsel
North Carolina Department of Environment and Natural 1. esources
1601..Mail Service Center
Raleigh, North Carolina 27699-160.1
Please indicate the I)AQ case number, as found on Page I of this letter, on ,your petition to-OA1=I.
Failure fo cxei'cise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter, please contact Jennifer White at [phone].
.Sincerer
ram.
B. cit vercash, P.E.
Enclosures: Assessment Document
cc: Steven.F. Vozzo, Supervisol' Fayetteville.Regional Office
Enforcement File (DAQ 2008-I.13)

STATE OF NORTH CAROLIN
COUNTY OF ROBE SON
IN THE MATTER OF: NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
BUIE LAND COMPANY ) CASENO. 2008-113
FOR VIOLATION OF: )
1 SA NCAC 21).1900 )
"OPEN BURNING" ) CIVILI'L;NAL1'Y ASSESSMENT
Acting pursuant to North Carolina. General.Statutes (G.S.) 1.43-215.11.4A, I, B: Keith-Overcash, I:'.E., Director of the
Division of Air Quality (DAQ), make the following:
FINDINGS OF FACT
A. On 1 1 January 2008, Mr. Steven Voo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms ofNC Division of Waste Management, Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, he had observed a la, ge.smoldering pile of materials at a
business facility that included creosote poles and, other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice fire training. " Mr. Nelms stated that the location of the burn site was. at The Tara Group of Lumberton,
Inc., 2700 NC I-Iighway 72 West near Lumberton, Robeson County, NC. 'Flie Buie Land Company, Inc owns
the property where the burning occurred.
B. On 11. January 2008, Mr. Neil Joyner (FRO DAQ) investigated this eomplai»t,. Mr. Joyner was accompanied by
Mr. Andrew 1=lammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr, Joyner observed a smoldering pile of materials that included wooden poles similar to telephone poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw
blades, metallic drum lids, and painted lumber. The burn }.pile measured 39 feet by 63 feet in area. The smoke from
the observed smoldering wooden poles had a strong creosote -like odor. The pile was 672 feet'from a house that
appeared to be occupied.
C. On 11 January 2008, Mr. Randall Andrews stated to Mr. Joyner by plione that:
a. I.Iis company, Buie Land Company, owned the property at this burn site.
b. The Raft Swamp Volunteer hire Dept. had burned the observed smoldering pile as a training exercise
Oil his property. I -.le was not at the site during the training exercise.. lie understood that the fire dept.
was planning to burn unpainted wooden pallets. The pallets came from industrial and Agricultural
Chemicals, another of his companies, located between Red Springs and Lumberton, NC.
c. He (lid not realize that the fire department had included 2-3 utility poles in the fire. Fle did not tell them
to burn the poles, but assumed that the poles were from his property, 1-le did not notice other materials
in the pile besides wooden pallets until yesterday.
D. .On 25 January 2008, FItO DAQ issued Buie Lund Company a Notice of Violation/Notice of Recommendation
of Enforcement (NOV/NRL) for allowing the fire department to burn a pile of debris.

t Buie Land Company, Inc.
'DAQ Case No, 2008-113
Page 2
E. On 8 February 2008, FRO DAQ received a written response to the NOV/NR.E from Mr. Randall Andrews of '
Buie Land Company. He stated that lie did not know that there was an}, regulation against,burning wooden
pallets. He stated that had he known this, he would never have asked the Raft Swamp Fire Dept. to use them in
a training exercise. Mr. Andrews failed to provide FRO with the requested information regarding materials in
the fire and their origins
F. Compliance History: No record of previous.violations.
The costs of investigation or inspection in this matter totaled $183.00
I.I. CONCLUSIONS OF .LAW:
A. Buie Land Company was in violation of 15A NCAC 2D.1900, for causing, allowing or permitting open
burning, as reflected in Part I, Findings of Fact, above.
B. G.S..143-215.11.4A provides that a. civil peiialty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. . G.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
Person who violates or :fails to act in accordance with the terms, Conditions, of requirements of a permit
required by G.S. 143-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Buicland Company is hereby assessed a civil penalty of
$ For one (1) violation of 1.5A NCAC 2D.1900, "Open Burning."
$ r�pf7g1 TOTAL CIVIL, PENALTY, which is percent: of the maximum penalty
authorized.by G.S. 143-2:15.114A.
$ 183.00 Investigation costs
$� TOTAL, AMOUNT DUE

Buie'Land Company 3
DAQ Case No. 113
Page 3
Pursuant to G.S. 143-215.11.4A in determining the amount of the penalty, 1 considered the factors listed in G.S. 14313-
282.1(b) and 15A NCAC 2J .0106, which are the following: ,
1) The degree and extent of harm to the natural resources of the State, to the public health, or, to private property
resulting; from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air duality;
4) The cost of rectifying the damage;
5) Th.e amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Date . K i Oveicash, P.I ., Director
Division of Air Quality .

a Camplete•ibome 1, 2, and 3. Also oornpiete
item 4 It Restricted DIOINWy is desired.
to Priniyour name and address on the -
-so that we can return the card tor you.
Q Attach this card to the back of the malipitsce.
or on the front It a¢acs permits.
1. ArticW Addmaaea to:
DAQ Z008-113 CPA 09/08(2008
Mr. Randait Andrews
Buie Land Company, Inc.
J ❑ no«,t
f A.
❑ Add e0a•o
ti. l Rkrt®d Noma) C. Date of DIIANwY
0, is dd my addrss ediiferoM horn Item t? ❑ Yet
if YES, enter deiiv-Y address below: ❑ No
2700 NC Hwy 72 west
3, syrvieelj['I
Lumberton. Nc 28360
CerUued Mau 0 Express Mail
0 Replatarnd -15f'Retum Reoetpt ror Mer -ndlee
E3 1rcaured Ma f7 C.O.D.
4. Resfricced Deuver}(r (Ext:n Fee} Q YCLS
2. Artie NAunber
7099 3400 0016 7988 5103
(Transfer from servke law
t�5o5-02 M tsa
P5 Form 3811, February 2004
Domestic Retum Roceipt
UNITED S7ATP.S1 �Q5TAL'�Z ' l t.�. t l 5, r�F?, tcN:6&5+
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DIVISION OF AIR QUALITY
ATTN: ENFORCEMENT
1641 MAID. SERVICE CENTER
RALEIGH NC 27699-1641
�a, LtltfltrtLllrtlfit t•Itlt,tttlfrllttrlttlttrIIIII 1rltIt, tl,rrll

NCDENR
North Carolina Departmen't.of Environment and Natural Resources
DIVISION OF AIR QUALITY
Michael F. Easley, Governor
CI,RTIF IE.D MAIL RETURN RECEIPT REQUESTED
7099 3400 001.6 7988 5080
September 8, 2008
Mr. Charles Andrews
-Tara Group of Lumberton, Inc.
2700 NC Hwy 72 West
Lumberton, NC 28360
SUBJEC'F: Civil Penalty Assessment for Violation(s)
2D .1900 Open i3urning
File No.: DAQ 2008-1 15
Violator: Tara Group of Lumberton, .Inc.
County: Robeson
Dear Mr. Andrews:
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
This letter transmits notice of civil penalty-�jssessed against Tara Group of Lumberton, Inc. in the amount of
$1,000 and. $183 investigative costs, for a total of $1,183 .
Enclosed is a copy of the assessment document explaining this penalty, 'Fliis action Was taken under the
authority vested in me by the delegation.pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or.continuing violation(s) may he the subject of a new enforcement action, including -additional penalty.
You must take one of the three actions outlined below within thirty (30) days_from the date of receipt of
this letter. Please be advised that if you fail to exercise one of the following options within thirty (30) days,
you 011lose your right to appeal or contest this case and your case will be forwanled to the Attorney
General's Of.frce for collection.
1.. Submit payment of the penalty:
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number. on your check to
insure proper posting. Please do not include the attached waiver form when submitting payment. -Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s).- Please submit
payment to the attention of:
Enforcement Group - Payment
Department of Environment and Natural Resources
Division of Air Quality
1.641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1041 �T0110 �s
2728 Capital Blvd., Raleigh, NC 27604 NoN19filrally
l"t�1!l..cl.It1,,}� hia
Phone: [phone] / FAX: [phone]./ Internet: www.ncainorg An Equal Opportunity / Affirmative Action Employer - 50% Recycled/10%Post Consumer Paper

Mr. Andrews
September 8, 2008
Page 2
Please he advised, that it is the policy firr NCDENR to charge and collect a processing fee. of S25.00 for
cltec/rs on which payment has been refused by the hank because qf insufficient funds or because of an
invalid bank account.
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right: to an administrative hearing and a stipulation and
agreencent.tlrat -►ia factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe civil. penalty slioutd,bc remitted, and submit it to the address listed below. In determining whether a
rerccissio'rc request will be approved, the following factors shall be considered:
(1) whether orle or more.of the civil penalty assessment factors in NCGS 143.I3-282.1(b) were
wrongfully applied -to the detriment of the violator;
(2) whether the..violaidr j)ro►nptly abated continuing environmental damage resulting from the
:violation;
whether the violation was inadvertent or a result of an accident;
(4); ' whether. the;violaior has been assessed civil penalties for any previous violations; or
(5) whcthei F>ayment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented ill support of your request .for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The :Director of the Division of -Ail- Quality
(D.AQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case statics, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). ' .Please be advised that the Committee cannot considef infofmation that was not pact of the original
remission request considered by.the Director. 'Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
I.ic order to request.rentission, you must complete and submit the enclosed "Reques•t for• Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stiyulation of Facts" form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed Vustifrcation for
Remission Request." Both forms should be submitted to the following address:
Erzfc�rcenzent Group- Remission
Department of Environment and Natural Resources
Division of Ail, Quality
1641 Mail Service Center
Raleigh, North Carolina.27699-1641
r

Mr. Andrews
Page 3
012
3. File a petition for an administrative hearing with the Office of'Administrative Ileai•inls:
If you wish to contest: any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative I=learing (OAH).
You must file the petition with the OAII within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative hearings during normal office hours. The OAI~I accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1.) copy of the petition must be filed with the OAH. The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address .for the OAH is as follows:
Office of Administrative 1-learings
6714 Mail Service Centel•
Raleigh, NC 27699-671.4
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be sci ved on NCDENR as follows:
Mary Penny Tho►ripson, General Counsel
North Carolina Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the DAQ case number, as found oil Page 1 of this letter, on your petition to 0A1-I.
Failure -to -exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postinark), will'result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter, please contact Jennifer White at (919) 733-1.477.
Sinccr ,
Y
1C h Overcash, P.F.
Enclosures: Assessment Document
cc: Steven F. Vozzo, Supervisor Fayetteville Regional Office
Enforcement File (DAQ 2008-115)

ST,t6`E OF NORT14 CAROLINA
COUNTY OF .ROBESON
IN THE MATTER OF:
THE T ARA GROUP OF I,UMBERTON,
INC.
FOR, VIOI.,A.TION OF:
15A NCAC 2D .1.900
"OPEN BURNING"
NORTH CAROLINA.
ENVIRONMENTAL MANAGEMENT COMMISSION
CAST; NO. 2008-115
CIVIL PENALJ'Y ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 143-215.114A, 1, B. Keith Overeash, P.F., Director of the
Division of Air Quality (DAQ), make the following:
I. FINDINGS OIL FACI':
A. On 11 January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste Management, Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, lie had observed a large smoldering pile of materials at a
business facility that included creosote poles and other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice fire training. Mr. Nelms stated that the location of the burn site was at The Tara Group of LUmbel%on,
Inc., 2700 NC 14ighway 72 West near Lumberton, Robeson County, NC. The property where the burning
occurred is owned by the Buie Land Company, Inc.
B. On I January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complaint. Mr. Joyner was accompanied by
Mr. Andrew Hammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that included, wooden utility poles, a green powdery substance,
plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, sawblades, metallic drum
lids, and painted lumber, The burn pile measured 39 feet by 63 feet in area. The smoke from the smoldering
wooden poles had a strong.creosote-like. odor. The pile was measured to. he approximately 672 feet from.a house
that appeared to be occupied.
C. On 14 January 2008, Mr. Charles Andrews, Owner, The "Para Group of Lumberton, .Inc., talked by phone to Mr.
Neil Joyner and Mr. Steven Vozzo of the FRO :DAQ, Mr. Andrews stated that he allowed the Raft Swamp
Volunteer Fire Dept. to burn the'materia.ls at his company's facility for fire training of new fire fighters. `file
fire department had burned at the site a couple of times previous to this burn. The pile consisted M. scrap wood
from the community that had been piled up for a iraining burn. Some CCA wood somehow got bumped into
the pile. Fl.is company sells the utility poles that were burned. He also stated that his company, a construction
business, was renting the property from his father's company, Buie Land Company.
D. On 25 January 2008, .FRO DAQ issued The Tariff Group of Lumberton, Inc. a Notice of Violation/Notice of
Recommendation of Enforcement (NOV/NRE) for allowing the fire department: to burn a pile of debris. "The
certified mail green card indicates receipt of the NOV/NRE on 28 January 2008. As of the date of this
assessment, FRO DAQ has received no written response to the NOV/NRE.
E. Compliance History: No record of previous violations.
F. The costs of investigation or inspection in this matter totaled $183.00

r , The Tara Group
DAQ Case No. 2008-115
Page 2
Based upon the above Findings of Fact, I make the following:
11, CONCLUSIONS OF LAW:
A. The "Tara Group of Lumberton, Inc. was in violation of 15A NCAC 2D.1900, for causing, allowing or
perinitting open burning, as reflected in Part 1, Findings of Fact, above.
B. G.S. 143-215.114A provides that a civil penalty of not: more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. A3-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person who violates or fails .to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 1.43-21.5.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of fact and Conclusions of Law, I make the following;
III. DECISION:
The Tara Group of Lumberton, Inc. is hereby assessed a civil penalty of
1050= �� For one (1.) violation of.15A NCAC 2D.190U, "Open Burning."
��Q 'IUTAL CIVIL PENALTY, which is percent of the maximum penalty
authorized by (3.S. 143-215.1.14A.
183.00 Investigation costs
am
$ TOTAL AMOUNT` DUE
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed .in G.S. 14313-
282.1(b) and ISA NCAC 27 .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) The duratio.n and. gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air quality;
4) '].'he cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the .Environmental
Management Commission has regulatory authority; and
8) The cost to'the State of the enforcement procedures.
Uat
r
B `7ce#l, Overcash, P.1 ., Director
Division of Air Quality

� H
AL
ALV4
•/
n
NCD
E
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
l 1 August 2008
CERTIFIED :MAIL
RETURN RECEIPT .REQUESTED
Randall Andrews
Safety Manager
Industrial & Agricultural Chemicals, .Inc:
2042 .Buie Philadelphus Road
Red Springs, NC 28377
SUBJECT: Notice of Violation - Failure to Maintaini lnspection and Maintenance .Records,
and
.Permit Additional .Information - Battery Recycling Operation
Industrial & Agricultural Chemicals, .Inc. Permit No. 06125R09
Red Springs, .North Carolina, .Robeson County 06/78-00168
Dear Mr. Andrews:
On 3.1, July 2008, Steven Vozzo; Mitchell Revels, and Christy Richardson, of the Fayetteville Regional
Office, conducted an annual compliance inspection of Industrial & Agricultural Chemicals, Inc. in Red Springs, NC.
During the inspection, Mr. Revels and staff observed that records were not adequate for the bagfilter and scrubber
inspections. - Also; during the inspection, we observed a small-scale trial run of the battery recycling operation foe
which the facility has submitted a permit application. Additional information will be required prior to permitting
this process. The violation and requirement for additional permit information are described below.
(1) Notice of Violation ;for Failurc to Maintain Inspection and Maintenance Records.
During the inspection, Mr. Andrews wtcis not able to provide complete inspection or maintenance records .for the
bagfilters (ID Nos. C-1, CD-F1'13-3, C-4, CD-FPI3-2, C-5, and DA-2) and aqueous contact scrubbers (11) Nos.
D-3 and D-4). Specific Condition andLimitation A.13. of Air Permit No. 06125R09 states that your facility.
shall perform periodic inspection and maintenance as required by the manufacturer for the bagfilter and scrubber
systems. The specific condition also requires that your facility perform an annual internal inspection of each
bagfilter and scrubber system. It appears that some inspections may have been done, but documentation was
limited. Since records did not indicate that annual inspections had been performed on the control devices listed
above, Industrial & Agricultural Chemicals, Inc. is in violation of this regulation.
Additionally, other record keeping appeared not to be kept up to date. Suggestions were made to you during the
inspection conference on ways to improve your record keeping system. This office also understands that you
are preparing the requested updated process diagram for your facility. Since much of your operation is a batch
process, records are needed on daily and even hourly production. This information will be imperative in order
to renew your air permit in the next six months.
Fayetteville Regional Office - Division of Air Quality �TOne y
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 1 V of thCarolina
Phone: [phone] t Fax: [phone] l Internet: hltp://Www.ncair.org Nawrally
An Equal Opportunity/AffirmativeAcfiOn-- 'ployer - 50% Recycled/10% Post Consumer Paper

Inclristrial & Agricultural Chemicals, Inc.
Notices of Violation / PA.1- I. I August 2008
Page 2
(2) Permit Additional Informatip_n reZardins� the Alkaline_Bat.tely Recy_clin QWgration.
During the inspection, a trial run of the alkaline battery recycling operation was performed. hollowing this
observation, and alter conducting further research, it appears that additional information will be required ill
order to process your permit application for an alkaline battery recycling facility. This office is concerned
that all the emissions have not been evaluate(]. I'hc.following items/concerns should be addressed:
® Detailed description of how your facility plans to eliminate all plastic materials prior to drying;
® Detailed process flow diagram of the battery recycling operation;
® An analysis of all emissions generated or emitted during this process (including emissions froth inherent
mercury) and toxics demonstrations if required.
o Detailed description of the emission controls your facility plans to use to control these emissions
Your permit application will remain on hold until you and your consultant address the additional concerns
and submit a completed permit application. :Please note that the alkaline battery recycling operation is not on
your current air permit and should not be operated until an air permit has been issued.
Please submit a written response to this Office by 27 Angust 2008 as to actions taken to bring about
compliance and any additional information or description of any mitigating circumstances in reference to the
violation. The response should outline steps that you plan to take or have taken. to return to compliance. As stated
above, your permit application for a battery recycling facility will. not be processed until a complete permit
application, addressing the additional items of concern, is submitted.
As stated in the "subject" above, this letter represents a Notice of Violation for the recordkeeping issues
observed on 31. July 2008. The above violation and any f:nture violation of an air quality regulation are subject
to the assessment of civil penalties as per North Carolina General Statute 143-2I.5.114A. This General Statute
provides that civil penalties of not more .than twenty -Live thousand ($25,000) may be assessed against any
person who violates any classification, standard, or .limitation established. pursuant to General Statute 143-
215.107, "Air Quality Standards and Classifications." In addition, each day of continuing violation after written
notification from the Division of Air Quality shall 'be considered a separate offense. In addition,. please refer to
the enclosed Pollution Prevention/Small Business insert for further information if you need assistance.
The Division strongly recommends that you carefully examine your cun•ent permitstipulations and request
explanation from this Office as necessary. We. appreciate your prompt attention to these matters. If you have any
questions regarding this matter or if we can provide any additional information or assistance, please call Christy
.Richardson, Environmental Engineer, at (9.10) 433-3377, or me at [phone].
Sincerely,
Steven I . Vozzo
Regional Air Quality Supervisor
Iinclosure —Pollution 1'revc;ntion Brochure , .
STD V%ctr
cc: DAQ Central Files
FRO County files

11/18/2008 15:04 9197153605
CERTIFIED MAIL
RETURN RECEIPT REOUBsTED
Mr. Randall F Andrews
2042 Buie Phil Road
Red Springs, NC 28377
Dear Mr. Andrews:
DWM
PAGE 02/06
kA,j F;
NCDEN Vol V
January 29, 2009
IMMEDIATE ACTION
NOTICE OF VIO kTIO
Docket # 2008-039
On December 18, 1980, the State of North Carolina, Hazardous Waste Section (Section) was
authorized to operate the State Resource Conservation and Recovery Act (RCRA) Hazardous
Waste Program under the Solid Waste Management Act (Act), N,C.G. $- 130A, Articl - 9 and
rules promulgated thereto at 15ANCAC 13A (Rules), in lieu of the federal RCRA program,
On January 10, 2008, Mr. Bobby Nelms, Environmental Senior Specialist, with this oftici,
conducted an investigation at the TARA Group office and grounds. The property is locate I at
2700 NC Highway 72 West in Lumberton, North- Carolina. The January 10, 2008 investig iLtion
was conducted in response to a complaint alleging the improper disposal of chemicals at fie
property.
Statement of F&M&Iated to Reslaondint's Mana ement of Hazardous Waste'g_
The January 10, 2008 investigation revealed that the land behind the TARA shop was used for
the mining of sand and that various types of material had been dumped on the site. Them were
two distinct areas of concern.
The first area, which was closest to the office, had been used to dump caustic soda sludge lad
gypsum- According to Nft. Randall F. Andrews, Owner of the property, the material was p [aced
there temporarily until it could be mixed together as a fertilizer to be applied to the land. I kt the
time of this investigation it was apparent that the material had been wet, but not liquid, wh �n
placed in this locatiom This material will bernixed anal used as a fertilizer on the land as
discussed during our meeting.
The area of primary concern was lacated back further behind the office area. This area. ha(t been
used to burn pallets for,
the local fire department to practice extinguishing. The debris pile
contained burned remains, of creosote poles and metal from unidentified sources. Addition ally,
near the burned creosote poles, there were areas of ash which appeared green in color. The green
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11/18/2008 15:04 9197153605 DWM PAGE 03/06
color of this ash indicates that there is potential of contamination from burned CCA treat,-d.
poles. During a later conversation with N k. Andrews, he stated that the poles had been
purchased and had been burned accidentally.
Statutory and Re2platory Background
A. 40 CFR 261.1(a), adopted by reference at 15A NCAC 13A .0106(a), identifies those solid
wastes which are subject to regulations as hazardous washes under Parts 262 through 265
and Parts 270, 271, and 124 of this Chapter and which are subject to the notificatiop.
requirements of Section 3010 ofRCRA.
B. 40 CFR 261.2(b), adopted by reference at 15A NCAC 13A .0106(a), states that materials
are solid waste if they are abandoned by being [1] disposed of; or [2] burned or
incinerated; or [3] accumulated, stored, or treated (but not recycled) before orb E lieu of
being abandoned by being disposed of, burned, or incinerated.
C. 40 CFR 261.3(a), adopted by reference at .15A NCAC 13.A .0106(a), states that a ::olid
waste, as defined in Section 261.2 is a hazardous waste if:
It is not excluded from regulation, as a hazardous waste under Section 261.4(b);
and
2. It meets any of the following criteria:
i. It exhibits the characteristics of hazardous waste identified in Subp 3tt C.
H. It is listed in Subpart D and has not been excluded from the lists in
Subpart D under Sections 260.20, and 260.22 of this chapter.
iii. It is a mixture of solid waste arid, hazardous waste that is listed .in S jbpart
D solely because it exhibits one or more of the characteristics of ha zardous
waste identified in Subpart C, unless the resultant mixture no longer
exhibits any characteristic of hazardous waste identified in Subpart C.
iv. It is a mixture of solid waste and one or more bazardous wastes listed in
Subpart D and had not been excluded from this paragraph under �';ections
260.20 and 266.22 of this chapter.
D. NCGS 130A-290(6), defuses "Disposal" as the discharge, deposit, injection, dumping,
spilling, leaking or placing of any solid waste into or on any land or water so -hat the
slid -waste or, any constituent part of the solid waste may enter the euvironmer It or be
emitted into the air or discharged into any waters, including groundwater-
E. 40 CFR, 124.2, adopted by reference at 15.A NCAC 13A .0105(a) defines "Ovwner" or
"Operator" as the owner or operator of any "facility or activity" subject to regulation
under the RCRA program.

41
11/18/2008 15:04
9197153605
DWM
PAGE 04/06
F. NCGS 130A-290(22), defines "Person" as an .individual, corporation, company,
associatio-a, partnership, unit of local government, State agency, federal agency or other
legal entity.
G_ NCGS 1.30A-290(41), defines "Storage" as the containment of solid waste, either on a
temporary basis or for a period of years, in a mariner which does not constitute di: posal.
H. 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b), defines a "genezator" as
"any person, by site, whose act or process produces hazardous waste identified . )r listed
in part 261 or whose act first causes a hazardous waste to become subject to regi elation."
The EPA has long recognized that, in the event of a. violation of RCRA andthe h- zardous
waste rules, "co -generators" of hazardous waste can be jointly and severally liable for
improper management of hazardous waste. 45 1~R 72024, 72026 (October 30, 19f 0).
Violations Requiting Immediate Action
I. It is the determination of the Section that the burn pile residue located at the TAR N Group
property in Lumberton, North Carolina constitutes storage and. disposal of solid/hazardous
waste subject to all applicable requirements of 40 CFR Part 261 through Part 265 and
Part 270, incorporated by reference in 15A NCAC 13A .0106 -- .0110 and .0113.
Specifically, for the burned residue on said property:
1. 40 CFR 26111, adopted by .reference at 15A NCAC 13A .01.07(a), requires that a
person who generates a solid waste, as defined in 40 CFR 261.2, must determine
if the waste is a hazardous waste using the following method.
a. He should first determine if the waste is excluded from reguiauo z under
40 CFR 261.4.
b. He must then determine if the waste is listed as a hazardous waste i a
Subpart D of 40 CFR Part 261.
C. If�the waste is not listed as a .hazardous waste in Subpart D of 40 C FR Part
261, he must determine whether the waste is identified in Subpart C of 40
CFR Part 261 by either:
i. Testing the waste according to the methods set forth in Su )part C
of 40 CFR Part 261, or according to an equivalent method
approved. by the Administrator under 40 CFR 260.21; or
ii. Applying knowledge of the hazard characteristic of the a aste in
light of the materials or tie processes used_
Randall F., Andrews, is in violations of 40. CFR 262.11, adopted by reference at 15A
NCAC 13A .0107(a), in that a solid waste was generated on the property as defined in 40
CFR. 261.2 and a determination was not made by the generator whether that wash, was a
hazardous waste.

11/19/2008 15:04 9197153605 DWM PAGE 05/06 '
2. 15A NCAC 13A .0109(a), requires that any person who treats, stores, or dispose;; of
hazardous waste shall comply with the requirements set forth in this section. Thu;
treatment, storage or disposal of hazardous waste is prohibited except as provide,l in 40
CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 .0110.
Randall F. Andrews is in violation of .1,5A NCAC 13A .0109(a), in that bazardcus waste
has potentially been. stored and disposed without complying with the requiter Gents set
forth in 40 CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 and
.0110.
COMPLIANCE SCHEDULE
Within 30 days from receipt of this notice, Randall F. Andrews shall comply with the following
requirements:
1. Comply with 40 CFR 262.11, adopted by reference at 15A NCAC 13A .010,'(a). An
immediate determination of hazardous characteristics must be completed for all areas of
the burn pile which potentially could. contain contamination.
2. Comply with 40 CFR 262.12, adopted by reference at 15A NCAC 13A .0107(a). Prior to
shipment of any hazardous waste, an E,P,A, Identification Number must be obu lined for
ft"s site. You may contact Mr. Jim Edwards with. this office at [phone] to make
provisions for obtaining the I.D. number.
3. Comply with 15A NCAC 13A .0109(a). Randall F. Andrews shall no longer store or
dispose of hazardous waste without full compliance with this section. Pending :shipment
of hazardous waste for proper disposal, Randall F. Andrews, ,must comply with 40 CFR
262.34(a), adopted by reference at 15A NCAC 13A .0107(c), which states that:
a. If the waste is placed in containers the generator must comply with Subpart i of
40 CFR Part 265 or if the waste is placed iu tanks, the generator must comply
with Subpart J of 4o CFR Part 265, except 265.197(c) and 265,200. rfo waste
piles are allowed.
b. The date upon which each period of accumulation begins must be clearly marked
and visible for inspection on each container.
C. While being accumulated on -site, each contain„ear and tank must be labeled or
marked clearly with the words, "Hazardous waste"; and
d. The generator must comply with the requirements for owners or opejutors in
Subparts C and D in 40 CFR Part 265, Section 265.16 and 268.7(a)(4).

".
t
F 11/19/2008 15:04 9197153605 DWM PAGE 06/06
Potential Consequences of Failure to Com&
You must comply with each requirement of this Immediate Action Notice of ViolatioA.
(I.A.NOV); however, compliance will not divest the Section of its authority to ssue an
administrative penalty for the violations cited in this IhNOV and additional violations c ited ,i.n a
subsequent Compliance Order with Administrative )Penalty. In accordance with NCG 3 130A-
22(a), the penalty shall not exceed thirty-two thousand five hundred dollars ($32,500.00;, per day
in the case of a fir st violation. Each day of a continuing violation shall constitute a separate
violation.
Pursuant to NCGS 130A-18, a violation of any provision of the Actor the .Rules may also result
in the Section initiating an action for injunctive relief. If an injunction is obtained, you v ill be
subject to both the civil and criminal contempt powers of the North Carolina Genera]. Courts of
Justice.
If you should have questions conceming the issuance of this IANOV, you may contact
Mr. Bobby Nelms at (91.0) 602-3329.
Sincerely,
E( eth W. Cannon, Chief
Hazardous Waste Section
cc: Central Files
Mike Williford.
Bobby Nelms
hlarvi Cooper

11/18/2008 15:04 9197153605 DWM PAGE 01/06
Fax Cover Sheet
DEAIR
Division of Waste Management
Hazardous Waste Section
Compliance Branch
DATE: f I- Ile-
FAX #•
FROM:
TELEPHONE #:
Number of sheets
COMMENTS:

North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Air Quality William G. Ross, Jr., Secretary
B. Keith Overcash, P,E., Director
25 January 2008
CTI1TIFIED MAIL
RETURN R i CE11?T RI,QiJES':['ED
Mr. Charles A.ntlrews, Owner / 1.2eg.istered Agent
The Tara Group of Lumberton., Inc.
2700 NC Ifighway 72-West
Lumberton, NC 28360
STA33FCT: Notice of Violation/Notice of ReconlIII ell datiorl for I,llforcelnell t: open 13urning
T11e 1'ara Group of Lurirbertori, Iiie. .
Lumberton, '.NC, R.obeson County 6/72-00000
Dear Mr. Andrews:
On 11 January 2008, Neil Joyner; of this Office, investigated a complaint lodged against you, by
the NC Division of Waste Managomont. (NCDWM), :for open burning of creosol poles, construction
debris, and other lt)dul trial waste on your business property ,.it 2700 NC Highway 72 West near
Lumberton, 'Robeson u Conty, NC. Mr. Andrew Hainmomis of the NCDWM accompanied Mr. Joyner on
this i.nvestigahoti. NC I--1a ardoils Waste Section lead earlier iiivest.igated this complaint 10 January 2008,
Upon arrival, Mr. Joyner observed an open burning pile of n)ateria.ls that: included wooden poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal
parts, saw blades, metallic drum lids, and painted lumber. Mr. Joyner also observed evidence of previous
burning on the property. Mr. Joyner spoke with you by phone with your father, Mr. Randall. Andrews,
owner of Buie Ladd Company and Industrial and Agricultural Chetuicals. He stated he owned the
property where the observed materials were burned, but your company rented this property arld. you had
coordinated this burning with the local fire department.
On 11 January 2008, Mr. Joyner was told at the front office of your facility that you were out of
town at tl:re time. oil 14 January 2008, Mr. Joyner and I spoke with you by phone and you stated that
your company had recently allowed the Raft Swamp 1?ire :Department: to burn the observed pile of
inat:erials for a fire tra.iiiing exercise on this property that you wore renting. You stated that your father,
Randall Andrews, dumped much of this uiaterial from his other businesses and you were not able to
provide detailed information for what you allowed the fire department to burn. You also stated that. the
fire departiumt had previously burned at the site. Mr. Joyner had left a copy of the NC Open Burning
regulations for you at your facility and during the conversation, I expJaincd to you from them why this
burn was not allowed. This burro is considered a waste disposal burn. Also be advised that burning a pile
of demolished materials 1S riot allowed for fire training, I'lliS letter iS to offlClally illfOrD1 you that 10
hetmit,_allow, or Cause such opon burning is a. violation of North Carolina Administrative Code 15A 2D
.1900, "Open Burning." Please review the enclosed brochure and hlsert explaining this regulation before
conducting tally future Opel) bul•1).il1g. If you have ai.y questions, please call. this Office at [phone].
Fayetteville Regional Office - Division of Air Quality. 011e t
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 5043 N OI-Ll1 Cd.rofi 1a
Main Phone: [phone] DAQ Fax: [phone] Internet: hltp://www,ncair.org
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper AdIIA1711Y

NOV/NRE--?he"Mara )up of Lumberton,hic.
25January 2008
Page 2
You are requested to find a legal method for the disposal of these wastes, Additional information
concerning solid waste disposal can be obtained from a Division of Wastc Management Specialist at
[phone]. Xn addition, please refer to the enclosed Pollutiou Prevention/Small Busiaess insert for
further information if you need assistance.
In some cases, people have obt.,uned burn permits .from the, NC Forest Service and have then
conducted open burnings in violation of other state and local laws. Please note that in almost all cases on
the back of the NC forest Service permit are the NC: Air Quality regulations and that their burn permit.
indicates you must abide by our rules as well as theirs. .Pl.case also realize that various counties,
townships, and/br fine departmclrts have their own regulations in addition to the various State burning
regulations. Prior t� hunlin.g�_xdu_ are_reduirec _to_epnsidcr all these regulations and to make certain you
are nice L-g the most restr ictrve regulat.iott.(s .
As stated in tine "subject" above, this Ietl:er represents not only a Notice of Violation for the open
l.inrning investigated orr 11 January 2008, but puts you on notice that this office is preparing an
enforcement report addressing the violation observed. The above violation and any future violation of an
air quality regrllat)on are subject to the assessment of civil penalties as per North Carolina General Statute:
1.43-215.1.14A. This General StatMe provides that civil penalties of )lot: more thall twenty five thousand
dollars ($25,000) may be assessed against any person who violates any classification, standard, or
limitation established pursuant to General Statute 143-21.5.107, "Air Quality Standards and
Classifications." In addition, each. day of continuing violation after written notification fro)n the Division
of Air Quality shall be considered a separate offense.
Please submit a written response to this office by 8 February 2008, as to action taken to bring
about compliance and any additional information or description of ariy mitigating circumstances that you
believe should affect the outcome of the uforcerrlerrt evaluation. ]'lease provide an exact list of
materials, and an approximate duautity, that you placed in this area. Include t.lre source for each
of the materials. After the above date, in lieu of any mitigating circumstances brouglzt to our attention,
this office will submit the enforcement report to the Director of the Division of'Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that. neither this
letter, nor any subsequent action, absolve you from responsibility for any violation or damage to public or
private property or from ally enforcement actiort available to this agency.
We appreciate your immediate attention to this environmelital concern. If you have any
questions, please call Neil Joyner, Eilviromnental Specialist, or Robert Hayden, l;nvironnrental Eng.imer,
at: [phone].
Si�i�.erely,
"Seevcn F. Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
St V\caj
attacliments - 013 Brochure, OB insert, and P2 lusert
cc: (w/o attachment)
FRO Isnforcement Files
FRO Complaint files
Ivtr. Andrew 1Tamnuxnds, NCDWM SW fate)
Mr. Bobby Nelms, NCDWM hazardous Waste
Donnie Blackburn, President, Rail Swamp Volunteer Fire 'Department

I
61 A
Complete Items 1; 2,d 3. Also complete
. a.
n
Item 4 if Restricted. --livery Is desired; X
® Print your name and address. on the reverse
so that.we can return the card to you. g
III Attach this card to the back of the mallpiece,
or on the front if space permits. _
1. Article Addressed to:
Agent
Rec��Ived by (Pri . tZa. e C. Date orrf//Delivery
Is delivery address different from item 1? ❑ Yes
If YES, -.enter delivery address below: ❑ No
MR CHARLES A.NDREWS
THE TARA. GROUP OF 1,UMBJs L
2700 NC HWY 72 WEST - 3. Service Type
Certified Mail ❑ Express Mall
I UMI3ERTON NC 28360 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.D,D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Humber '•7001 2510. 0000 6682 6556
(Transfer from service label)
PS Form-3811. February 2004. ; Domestic Return Receipt 102595-02•M•1540
0

A
NC®ENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
CERTIVILD MAIL
RETURN RECEIPT RTQUTSTE])
Division of Air Quality
25 .January 2008
Mr. Randall Andrews, Owner and Registered Agent
Buie Land Company, Tile.
2700 NC ..Elighway 72 West
Lumberton, North Carolina 28360
William G, Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
SU.Ta, IeC'C': Notice of Violation/Notice of Reccirr)tnendation for Eliforcernellt: Open I3u1-11irig
- Briie Land Cornpariy, Lio.
- Indush ial & .A.gricull.u.ral Cliemicals, Inc.
Lumberton, NC, Robeson County 6/72-00000
Dear Mr. Andrews,
On I] January 2008, Neil Joyner, of this Office, investigated a con.iplairil lodged a.gai»st you, by
the NC ])ivision of Waste Management (NCDWM), for open bm-rri.ng of creosol pules, construction
debris, and other indiistrial waste oil your business property at 2700 NC Highway 72 West near
Lumberton, Robeson County, N'C. Mr. Andrew 7.lamrnonds of the NCI)WM accompanied .Mr. Joyner on
this investigation. NC I-.1a7ardom Waste Section had earlier investigated this complaint 1.0 January 2008.
Upon arrival, Mr. Joyner observed an open br.trning pile of materials that hicluded wooden poles, a green
powdery substance, plywood, wooderi boards, nails, metallic bantling, metallic filter, tree stumps, metal
parts, saw blades, metallic drum lids, and lraUited lumber. Mr. Joyner also observed evidence of previous
burning on the property. Mr. Joyner spoke with you by phone and you stated that your company, Bide
Land Company, owned the property where the observed materials were blu-ned. You stated that you
understood that the fire slept. lead recently burned the observed materials as a training exercise on the
property. You stated that your sorr, Cliarles Andrews, was coordinating this burning with the mire
department. Mr. Joyner left a copy of the Open Btn'ning regulations for you at the facility office and
during the conversation, he explained fi•orrt them why this burn was not allowed.
On 14 January 2008, 1 spoke by plume with your son, Mr. Charles Andrews, of "The Tara Group
of Lumberton, Inc. arid Ile Stated that his company was renting this land f:i'om yotl. He stated that his
company had recently allowed the Raft Swamp Fire Department to burn the observed pile o.f materials as
a fire training exercise on the property. He also stated that the fine department had burned at tile site
previously. Additionally, Ile stated that he did not know exactly all the waste materials you had brought
to this pile from your other business, hldltstrial & Agricmttrrrll Cherll.icals, Inc. Tie advised that bi rllttlg a
pile of demolished materials is not allowed for fare training and. is considered to be waste disposal.
This letter is to officially infor'rn you that to permiL_a11ow, or cause such open burning is a
violation of North Carolina Administrative Code 15A 2D .1900; "Open Burniiig." Please review the
Fayetteville Regional Office— Division of Air Quality 011e .
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 NorthCarohna
Main Phone- 910-033-33001 DAQ Fax; 910- 4E35-7467 1 li)terii(5t:'fittp://www.ncair.org Natmally
An Equal Opportunily/Alfifmalive Action Employer-50% Recycled/10% Post Conm
suer Paper

NOV/hfltl: -.- "ic Lauld Colxlpany,lnc.
25 7anuary 2009
Page 2
enclosed brochure and insert explaining this regulation before conducting any flitur e open burning. If you
have any questions, please call this Office at [phone]. You are requested to find a legal method
for the disposal of these wastes. Additional information concerning solid waste disposal can be obtained
from a Division of Waste Mariagemomt Specialist at [phone]. In addition, please refer to the
enclosed P011lltio:n Prevention/Small Business insert: .for ful-Lher ill:fornlation if you need assistance. .
In some cases, people have obtained Burn Permits fconl the NC forest Service and ha-ve then
collclllcted open bUr Rings ill violation of other state and local laws. Please note ibat in. almost all cases on
the back of the NC Forest Service permit are the NC Air Quality regulations and that their burn permit
indicates you mast abide by our rules as well as theirs. Please also realize that various counties,
townships, anti/or fire departments Jlavc their own regulations ill addition to the various State burning
regulations. Prior to burniil.g,._y�u ai_e_.rectrirecl,to consider all these re rly,ilation:s anti to Jnakc_ccrtain yvu
Lire nieetingjIle most _restrictive regt.�lation_�,
As stated in the "subject" above, this letter represents not only a Notice of Violation for the open
burning investigated on II Janilary 2008, but puts you oil, notice that this office is prepal-ing all
enforcement: report addressing the violation observed. The above violation need any future violation of air
air duality regulation are subject to the assessment of civil penalties as per North Carolina Cieaeral Statute
143-215.114A. This General Statute provides that: civil penalt1eS Of not rn01'e t.hall twenty five thousand
dollars ($25,000) may be assessed against any person, who violates airy classification, standard, or
limitation established pursuant to General Sta.tnte 143-215.107, "Air Quality Standards and
Classifications." In addition, each clay of continuing Violation after writteI] notification froin the DIV.1S1011
of Air Quality shall be considered a soparate offense.
Please submit a written response to this office by 8.February 2008, as to actions taken to bring
about compliance and any additional information or descrlpL'ion of ally Illltlgating circumstances that you
believe should affect the outcome of the enforcement evaluation. Please provide all exact list of
nlatel•i.als, .uui an approximate quantity, that you placed in this area. 'Include the source for each
of the materials. After the above date,, in lieu of any mitigating circumstances brought to our attcntiorl,
this office will submit the enforcement report to the Director of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that neither this
letter, nor any subsequent action, absolve you 'f:rom responsibility for any violation or damage to public Or
private property or f-olll any enforcement action available to this agency.
We appreciate your immediate attention to this environmental concern. if you leave any
questions, please call Neil Joyner, L?nvirolumental. Specialist, or Robert Hayden, EJlvi'ronmentai Engineer,
at [phone].
lice -ely,
F. Vozro��,
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV1caj
attachmeilts - OB Brochure, OB Insert, wid :P2 Tmert
cc: FRO Conl.plaint Files
Mr. Andrew .Halnnlonds, NCDWM SW FRO
Mr, Bobby Nelnts, NCDWM1lazardous Waste

I
f
■ Complete items 1; 2, and 3..Also complete
Item 4 if. Restricted Delivery is desired.
* Print your name: ;and address on the reverse
so that we can return the card,to you.
® Attach tfiis'card to the Oack of the mailpiece,
or on'the front if space permits.
1. Article Addressed to:"
MR RAND ALLANDREWS
BUIE LA.N.D COMPANY INC
A 5igna i
X ❑ Agent
❑ Addressee .
Q. ecelrved by (Printed Name) C. Date of Delive
� L U - --L l �
D. Is'.delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
2700 NG'r WY %2 WL" S I 3. Service Type
LUMBERTON NC 28360 �1 Certified Merl 0 Express Mall
Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
' 2. Article Number:51, D D Q Q 066,826.5 4 9
(Transfer from service label) ___ _. _ . _. _...- ..:.._........
PS Form 3811, February 2004 Domestic Return Receipt t oz5s5•o2•M•t54o
0
t

FqCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Waste Management
Dexter R. Matthews, Director
January 16, 2008
CERTII+ IED MAIL
Return Receipt Requested
70012510 0006 9499 5211
Randall Andrews, President
Buie Land Company, Inc.
2700 NC Hwy 72 West
Lumberton, North Carolina 28360
William G. Ross Jr., Secretary
Subject: Notice of Violation
Robeson County, North Carolina
IS780801
Non -Facility
Dear Mr. Andrews:
Pursuant to North Carolina General Statue's 130A-22(a) and to 15A North Carolina Administrative
Code 13B, you are hereby informed that you are operating a non -conforming solid waste disposal site/open
dump on your property located on Melvin Lane in Lumberton, Robeson County, North Carolina.
On January 11, 2008, Neil Joyner with the Division of Air Quality and I inspected a non -conforming
solid waste disposal site on your property located behind Tara Groups office at 2700 NC Hwy 72, Lumberton
in Robeson County, North Carolina PIN 937360821900. The inspection revealed an area of open burning that
was still smoldering with mixed waste streams. Adjacent to this area was a load of construction waste
consisting of plastic pipes, metal, plywood, concrete and other types of waste. There were several piles of
waste that consisted of concrete with rebar, asphalt, concrete mixed with metal and soil and two large piles of
charred debris and soil. Also noted at this time were 7-10 loads of bottom ash as described by you that you are
planning to experiment with in various applications? The open dumping of solid waste on your property
constitutes a violation of the North Carolina Solid Waste Management Rules, codified at 15A NC
Administrative Code 13B; specifically:
15A N.C. Administrative Code 13B .0201(a) states that "no person shall establish, or allow to be
established on his land a solid waste management facility, or otherwise treat, store, or dispose of solid
waste unless a permit for this facility has been obtained from the Division of Waste Managgment "
225 Green Street, Suite 714, Fayetteville, North Carolina 2830175043 One
Phone: [phone] FAX: [phone] Internet: http://wastenot.enr.state.nc.us NofthCarolina
An Equal Opportunity/ Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper v ' igharaliff

Page 2
January 16, 2008
You are in violation of section 13B .0201(a) in that a solid waste management facility has been established on
your land without a permit from the Division of Waste Management.
Based on the foregoing, discontinue all dumping operations on your property and within 15 days
of receipt of this notice comply with 15A NCAC 13B .0502 Open Dumps by taking the following actions.
1. Remove and properly dispose of all of the waste that is on your property.
2. Remove and properly dispose of the coal ash that has been dumped on the property.
3. Ensure that all waste is removed from the site and transported to a facility permitted to
accept the waste.
4. Do not burn or bury any of the waste. In addition, documentation that will indicate
the waste has been properly disposed of will be required to resolve this Notice of
Violation. Please mail receipts to the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, Drew Hammonds, 225 Green
Street, Suite 714, Fayetteville, NC 28301.
Pursuant to N.C_G.S. 130A-22(a) and 15A N.C.A.C. 13B .0701 -.0707, an administrative penalty
of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Management Laws and
Regulations.
We solicit your cooperation and would like to avoid taking further additional enforcement actions.
At the same time, it is your responsibility to comply with the requirements of the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at
(910)-433-3351.
Sincerely,
Drew Hammonds
Environmental Senior Specialist
Solid Waste Section
Regional Representative
Cc: Mark Poindexter, Field Operations Branch Bead
Dennis Shackelford, Eastern Area Supervisor
Amy Kadrie, Compliance Officer
Neil Joyner, Division of Air Quality
Steve Edge, Robeson County Solid Waste Director

NC DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WASTE MANAGEMENT
ACTIVITY REPORT
Date: 10 January2008 Report By: Bobby Nelms No: 036
Subject: Randall Andrews Property
Location: 2700 NC Highway 72 West
City: Lumberton, NC Zip: 28360 County: Robeson
Contact Person: Randall Andrews Tel#: [phone]
Reason for visit: Complaint Investigation
REPORT:
On this date, I visited the referenced site to investigate a compliant referred to me by
SWS personnel in the Fayetteville Regional Office. The complaint alleged that waste
material had been illegally dumped on property behind the TARA Group facility located
at the address above.
Upon arrival at the site, I spoke to Ms. Denis Andrews who gave me permission to walk
over the property. I found two distinct areas of concern and began to photograph these
areas when Mr. Randall Andrews, owner, arrived. Mr. Andrews and I had met before so
my introduction was merely a formality. I explained my reason for being there, and
asked him to show me around.
Mr. Andrews showed me an area which he had used to dump caustic soda sludge from
tank bottoms and Gypsum. He explained that he intended to mix the material and use it
as a fertilizer on his property. He stated that the material was not liquid when it was
dumped on the site and the appearance of the site seemed to indicate the accuracy of his
claim.
A separate area, and likely the area of most concern, was a burn pile located further back
from the office building. This area had been used to burn debris, including creosote
poles, for the purpose of allowing the local fire department an opportunity to practice
extinguishing large fires. There were areas of green ash which concerned me since there
was the possibility of CCA treated poles having been burned. If there were, in fact
treated poles there, they had been completely consumed in the fire.
I discussed the areas and my concerns with Mr. Andrews who was very compliant and
willing to take care of whatever needed to be done in order to resolve the issues. I
explained the he would be receiving an Immediate Action NOV from the Section at a
later date and that he would need to comply with the requirements spelled out within the

letter. I also explained my duty and intention to report the matter to the DAQ and to the
SWS. Mr. Andrews understood and thanked me for my time.
An IAN®V will follow this report and a follow up visit will be conducted at a later date.
Activity type: Complaint

+� V0 V
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
I March 2005
CEWfTFIED MAIL
RETURN RECEIPT REQUI STED
Randall Andrews, President
Industrial & Agricultural Chemicals, Inc.
2042 Buie Phil Road
Red Springs, NC 28377
SUBJECT: Notice of Violation —Reporting
Industrial & Agricultural Chemicals, Inc. Permit No. 06125R09
Red Springs, North Carolina, Robeson County 06/78-00168
Dear Mr. Andrews:
Your current air permit, identified above, includes at least I (one) stipulation requiring that a report
be sent to this Office, no later than 30 January 2005. Your facility failed to comply with this requirement. If
you have not already done soplease provide this Office with. the retorts within l O (ten)dLt of receipt o.f
this letter. Once the report(s) are received in our Office a compliance determination based upon the content
o Pthe re-port(s) shall be made If it is determined during this his .review that your facility is/was not opere, tiii9 in
com trance an additional Notice of Violation or, depending on the type of violation and severity, a Notice of
Violation/Notice of Recommendation for Enforcement shall be issued to your facility.
As stated in the "subject" above, this letter represents a Notice of Violation for failure to submit a
required report by the deadline specified in your airpermit. This General Statute provides that civil penalties
of not more than ten thousand ($10,000) maybe assessed against any person who violates any classification,
standard, or limitation established pursuant to General Statute 143-215.107, Air Quality Standards and
Classifications.
The Division strongly recommends that you carefully examine your current permit stipulations and
request explanation from this Office as necessary. If you have any questions regarding this matter, please call
Mitchell Revels, Environmental Chemist, at.[phone].
Sincerely,
4
Steven. F. Vozzo
Regional Air Quality Supervisor
cc: DAQ Central Files
FRO County Files
Fayetteville Regional Office —Division of Air Quality title t,
226 Green Street, Suite714, Fayetteville, Node Carolina 28301.5043 Q ilCarolX�la
Phone: [phone] \ Fax: [phone] \ Internet: htlpllwww,rnafr.org
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper fib "

®.Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
* Print your name and address on the reverse
so, that we can return the card to you.
* Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR. RANDALL ANDRI3WS
INDUSTRIAL & AGRICULTURAL
2042 B UIE PHIL ROAD
RED SPRINGS NC 28377
by (Please Print Clearly) K Date of Delivery
C. Si atur ',"-
❑ Agent
X Z��k/�JS6�41-/�'�1-Addressee
D. Is delivery address ifferent from item t? ❑ Yes
If YES, enter delivery address below: ❑ No
3, Service Type
�M Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D. _
4. Restricted Dellverv? (Extra ree) F-1 Yes
2. Article Number 7001 2510 0003 8090 239L
(Transter from service label) _.-------- _-_-- _.._____...--_---•.----- --------_.__._._...-----.._ _
PS Form 3811, March 2001 Domestic Return Receipt 102595.01-M-1424
X

Ngrth Carolina
Department of Environment and.Natural Resources
Michael F. Easley, Governor.
William G. Ross Jr*., Secretary.
James D. Simons, P.G.; P.E.
Director and State Geologist
NOTICE OF DEFICIENCY
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REgus EI)
7001 2510 0000 6682 0486
Buie Land Company, Inc.
Attn: Randall Andrews
2042 Bui.e-Philadelplius Road
Red Springs, NC 28377-
DEN
Divisiou'of Land Resources
RF,: Notice of Deficiency, Tara -Mine
Permit Number: 78-29
Robeson County, North Carolina
River Basin.: LUMBER
Dear Randall or Charlie Andrews:
On 11/24/2008, an inspection'ofthe subject mine was performed by Eric
Matuszewski, Sally McKinney, and Evangel:yn Lowery -Jacobs of this office.
Deficiencies were observed that require your prompt. attention..
The deficiencyies discovered and'the necessary corrective actions are as follows:
1. 005 — All mining boundaries (6..12 acres) shall be permanently marked at the
site on 100, foot intervals unless the 'lin.e of sight allows foi'. larger spacing
intervals.
Mining boundary markers were not visible at the time of the inspection.
2. OC4.13: All drainage from the. affected area around the mine excavation shall.
be diverted internal to said excavation.
The mine pit drains. into -an open ditch and is.di:scharged into an'off-site body
of .water:
Land Quality Section [phone] FxK [phone]
225 Green Street, Suite 7141 Systel Building, Fayetteville, North Carolina 28301-5043
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMF3,1Z PAPER

78-29
Tara Mine
3. OC8:.Berms shall be constructed or vegetation in the form. of evergreens
and/or ted tips shall. be planted. along the entire property line that parallels NC
Hwy 72'around the property line that parallels the existing soil access road for
a minimum of 250 feet. Said berms shall be a minimum of six feet in height
with sideslopes that maintain adequate vegetation. Said trees shall be planted
on six foot staggered spacings and shall be a minimum height of four feet.
The berm does not extend along the entire property line that parallels NC Hwy
72 or the property line that parallels the existing soil access road.
4. OC 1 OA. — No on -site disposal of refuse or other solid waste that is generated
outside of the mining permit area shall be allowed within the boundaries of
the mining permit area unless authorization to conduct said' disposal Iias first'
been obtained from both the Division of Solid Waste and the Laiid Quality
Section, Department of Environment and Natural Resources. The method of
disposal shall be consistent with the approved reclamation plan.
Immediately remove solid waste from within. the mine boundaries and dispose
of waste in a disposal facility approved by the Division of Waste
Management.
5. OC1013: Mining refuse.as defined by G.S. 74-49 (1.4) of the Mining Act of
1971 generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvent or their storage
containers or any other material- that may be considered hazardous shall be
disposed of within the permitted area.
Multiple piles of off -site generated waste were observed during the inspection.
The piles varied in their.content (ceinent blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the .mine boundaries and disposed
of: in facilities approved the Division Waste Management and the Division of
Hazardous Waste Management.
6. OC12: Mining refuse as defined by G.S..74-49. (14) of the Mining Act of
1971'generated on' -site and'directly associated with the mining activity may be
disposed of in a designated refuse'area. All other waste products must be
disposed of in a disposal facility approved by;the Division of Waste
Management. No petroled ii products, acids, solvent or their'storage
containers or any other material that .nay be considered hazardous shall be
disposed of within the permitted. area.

.i F ..
78-29
Tara Mine
Multiple piles of off -site generated waste were observed during the inspection.
The piles varied in their content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the mine boundaries and disposed
of in facilities approved the Division Waste .Management and the Division. of
Hazardous Waste Management.
7. RC2D: No contaminants shall be permanently disposed of at the mine site.
On -site disposal of waste shall be in accordance with Operating Condition
Nos. 10.A. through D.
The mining site is not in. compliance with Operating Conditions l0A and 1013,
as described in items 4 and 5 of this Notice.
7f the previously described deficiencies are not corrected within 30 days following your
receipt of this Notice this matter will be referred to the Director., Division of Land
Resources/Department of Environment and Natural Resources, for issuance of a "Notice of
Violations" in an effort to secure compliance. In addition, failure to correct the deficiencies may
result in the assessment of civil penalties and/or injunctive relief against you.
Do not hesitate to contact .Eric Matuszewski or me at [phone] regarding any
questions you may have.
Sincerely,
M. Stephen Cook, C.P.E.S.C.
Regional Engineer
Land Quality Section
MSC1sym
Enclosure: Inspection Report
cc: Floyd Williams, PG, CPG, CPESC
Dennis Shackleford, FRO Solid Waste Management
Christy Richardson, FRO, Division of Air Quality
3

i 1'r,
North Carolina Department of Environment and Natural Resources,
:Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME M,Ca- mira.0 2. MINING PERMIT #
3. OPERATORP��o[Q� to ,�u�S 4. COUNTY___ Rp e m ,,
5. ADDRESS a o - a. at.L-1� P � b 6't&fio &a c-
6. PERMIT EXPIRATION DATE7. RIVER BASIN
8. Person(s) contacted at site --
9. Was mine operating at time of inspection? ❑ Yes X No 10. Pi6lures? (,Yes ❑ No
I L Date last inspected: a / I I /__Do 12, Any mining since last inspection? •❑ Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes C< No
If no, explain:
0C.
_nLuahns
;I Pn-elo t 1C
14. Is the mine "ompliance with the Re amation Conditions of the :Permit? ❑ Yes WNo
If no, explain: awe S� �s -ha t cue �XcaVCLtZ, A0OAQ
U►n 9X y I M A At m r n r rtc�
15. Did any of the above deficiencies result in offsite damage? ❑. Yes X No If yes, describe -the
type and severity of the damage:
no
16. Corrective measures needed and/or taken: St U n LA �, ,per rinmy—CA 30 11
l+ r
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) ❑ Not Reviewed
O.$ p
4
�rtrr�-- • l C !1 � �" f �1. i tt Dl.♦! tM `�'�lo ni t h n �. ra�J ��_� f �„ .
19. Follow-up inspection needed? DiC`Yes ❑ No 'no to_'tXA'4tMrMted date
20. No. of additional pages of Inspection Report-. 21. Copy of Report sent to operator /
(date)
INSPECTED BY: c _ t; AADATE
Telephone No: _
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

NCDENR
North Carolina Department of Environment and Natural Resources
DIVISION OF AIR QUALITY
iF
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CER'I'IFTI,;1). MAIL, RETUI.ZN RT;C 1P1' REQ1)EST:i D
7099 3400 0016 1988 51.03
September 8, 2008
Mr. Randall Andrews, Owner
Buie Land Company, file. A
2700 NC Dwy 72 West Rye IVEO
Lumberton, NC 28360 m / f.�
f °I 2 CO
SUBJ1 CT: Civil Penalty Assessment. for Violation(s) F'o
110
21) .1900 Open Burning
Pile No.: DAQ 2008-113
Violator: Buie Land Company, Inc. -�
County: Robeson
Dear Mr. Andrews:
This.letter transmits notice. of civil penalty assessed against .Buie Land Company, Inc. in the.atnount of
$2,000 and $183 investigative costs, for a total of $2,1.83.
Enclosed is a copy ofthe assessment document explaining this penalty. I'his'action was taken under the
authority vested.in the by the delegation pursuant to.North Carolina General Statutes (NCGS) 143-215.114.A(d).
Any new or continuing violation(s) may be the subject of a new enforcement action, including additional petialty.
You must take one of'the three actions outlined belofv within thirty (.30) days,from the dide ofineeipt of
this letter•. Please be.advised that if you fail to exercise one of ilie folloWng options within thirty (30) clays,
you will lose your• riglit to appea' l or contest this case dud your citse 011 be forwarded to the Atirirney
Gdne'nd's Office for collecdoti.
1. Submit payment of -fie penalty:
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your .DAQ case number on your check to
Insure proper posting. Please do not include the attached waiver form when submitting payment. Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Enforcement Group - Payment
Department of Envirotunent and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1641 t)1-le ,
2728 Capital Blvd., Raleigh, NC 27604 �()1't�cLI'()I.lI7�i
Phone: [phone] / FAX: [phone] / Internet: www.ncair.org
An Equal Opportunity / Aflirniative Action l mployer - 50%Recycled/10%Post'ConsurnCr Paper

Mr. Andrews
September 8, 2008
Page,2
Please Be advised, that it is the policy far NCDENR to charge and collect a processing fee of $25.00 for
checks on which payment has been r efttsed by the brink Because qf insufficient funds or Because of an
invalid bank account.
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited'to consideratioci of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violations) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because al -emission request forecloses the option of an administrative hearing,
such a. request must be accompanied by a waiver'of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in 'disputte. Please prepare a detailed statement that_establishcs why you
believe civil penalty should be remitted, ali.d submit it to the address listed below. In determining whether a
remission request will be approved; tiie following factors shall be considered:
(1) whether one or more of thd•civil penaltymassessmcnt factors in NCGS 143B-282.1(b) were
wrongfully applied to the cletri►rient ofthe violator;
(2) whether the viblatgr promptly abated. continuing environmental damage resulting from the
violation;
(3) whether the violation-was.i►ladvel-tent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The Director of the Division of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty .Remissio►ls
(Committee). Please be advised that the Committee cannot consider information that -was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission. .
In order to request remission, you must complete and submit the enclosed ':Request for Remission of Civil
Penalties, YT�criver of Right to an Administrative Hearing, and Stipulation of Facts".form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed "Justification f n.
Remission Request." Both forms should be submitted to the following address:.
Enforcement Group - Rentissio.11
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 21699-1641

4
Mr. Andrews
Page 3
OR
3. File a petition for an administrative heating with the Office ol'Admiuistrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Bearing (OAH),
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings Wriday'through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OA1-I. The.petition maybe faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
fared transmission. The mailing address for the OAH is as follows:
Office of Administrative Hearings
014 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A. copy of the petition niust also be served on NCDENR as follows:
Mary Penny'I'hompson, General Counsel
North Carolina Department of Environment and Natural Resources
1601..Mail Service Center
R.aleigli, North Carolina 276.99-1.601
Please M(licate the DAQ case nainbea•, as found on Page 1 of this letter", on ,your petition to-OAH.
Failure to exercise one of the opti hg above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not it postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subjeet of this action have not been corrected.''
If you have any questions concerning this matter, please contact Jennifer White at [phone].
Sincerei
B, cit veire ash, P.E.
Enclosures: Assessment Document
cc: Stevei,i �I4. Vozzo, SLiperVls0i' Fayettevillc.Regional Office
Enforcement File (DAQ 2008-1.13)

STATE OF NORTH CAROLINi'
It
COUNTY OF ROBE SON
IN THE MATTER OF: NORTH CAROLINA
INVI.RONMENTAL MANAGEMENT COMMISSION
BUIE LAND COMPANY } CASE NO. 2008-113
FOR VIOLATION OF: )
1 SA NCAC', 2D .19Q0 )
"OPEN BURNING" ) CIVIL PENALTY ASSESSMENT
Acting pu.rsmint to North Carolina. General Statutes (G.S.) 1.43-215.11.4A, I., B: Keith Overcash, P.E., Director of the
Division of Air Quality (DAQ), make the following:
l.. FINDINGS OF FACT:
A. On i I January 2008, Mr. Steven Vozo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste Management, Hazardous Waste
Section. Mr. Nelms stated that on .10 January 2008, he had observed a largc.smoldering pile of materials at a
business facility that included creosote poles and. other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed Bile was created so the local fire department would have a place to
practice fire training. ' Mr. Nelms stated that the location of the burn site was. at The Tara Gaup of Lumberton,
Inc., 2700 NC L-lighway 72 West near Lumberton, Robeson County, NC. The Buie Land Company, Inc owns
the property where the burning occurred.
11. On 11. January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complaint.. Mr. Joyner was accompanied by
Mr. Andrew I-lammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr, Joyner observed a smoldering pile of materials thatt included wooden poles similar to telephone poles, a -green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw
blades, metallic drum lids, and painted lumber. The burn pile measured 39 feet by 63 feet in area. The smol<e from
the observed smoldering wooden poles had a strong creosote -like odor. The pile was 672 feet from a house that
appeared to be occupied. .
C. On I 1 January 2008, Mr. Randall Andrews stated to Mr. Joyner by phone that:
a. His company, Buie Land Company, owned the property at this burn site.
b. The Raft Swamp Volunteer hire Dept. had burned the observed smoldering pile as a training exercise
on his property. I -le was not at the site during the training exercise.. lie understood that the fire dept.
was planning to burn unpainted wooden pallets. The pallets came fi•om Industrial and Agricultural
Chemicals, another of his companies, located between Red Springs and Lumberton, NC.
c. He did not realize that the fire department had included 2-3 utility poles in the fire. He (lid not tell them
to burn the poles, but assumed that the poles were from his property, Isle did not notice other materials
in the pile besides wooden pallets until yesterday.
D. On 25 January 2008, FRO DAQ .issued Buie Land Company a Notice of Violation/Notice of Recommendation
of Enforcement (NOV/NRE) for allowing the fire department to burn a pile. of debris.

r Buie Land Company, Inc.
'DAQ Case No, 2008-113
Page 2
E. On 8 February 2008, FRO DAO received a written response to the NOWNRE from Mr. Randall Andrews of
Buie Land Company. Ile stated that he did not know that there was any regulation against burning wooden
pallets. I -le stated that had he known this, he would never have asked the Raft Swamp Fire Dept.'to.use them in
a training exercise. Mr. Andrews failed to provide FIZO with the requested information regarding materials in
the fire and their origins
F. Compliance History: No record of previous violations.
The costs of investigation or inspection in this matter totaled $183.00
I.I. CONCLUSIONS OF LAW:
A. Buie Land Company was in violation of 1.5A NCAC 2D.1900, for causing, allowing or permitting open
burning, as reflected in Part I, Findings of Fact, above.
B. G.S..l 43-215.114A provides that a. civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission,
C. O.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person who violates or :fails to act in accordance with the terms, conditions, or requirements of a permit.
required by G.S. 143-215.108 or wh.o violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of Law, 1. make the following:
M. DECISION:
Buie'Land Company is hereby assessed a civil penalty of:
e,
$ ®00_- For one (1) violation of 1.5A NCAC 2D.1900, "Open Burning."
$ �O ati►e�
$ 183.00
$113 ,.
TOTAL CIVIL, P.1:NALTY, which is _ percent: of the maximum penalty
authorized.by G.S. 143-215.114A.
Investigation costs
TOTAL, AMOUNT .DUE

Buie'Land Company
DAQ Case No. 113
Page 3
Pursuant to G.S. 143-215.11.4A in determining the amount of the penalty, 1 considered the factors listed in G.S. 14313-
282.1(b) and 15A NCAC 2J .0106, which are the following:
I) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air duality;
4) '1'lne cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Date . i' n Overcash, P.E., Director
Division of Air Quality .

Completettema t, 2, and 3. Also complete
item 4 it Restricted OalhrefY is d-40d-
i g print your name and address on the reverse
so that we can return the card tc You•
s;i Attach this carci to the back of the mallpleca.
or on the ttont It apace permits.
1. Article Addressed to:
DAQ 2008-1 t3 CPA 09l08f2008
Mr. Randall Andrews
Buie land Company, Inc.
2700 NC Hwy 72 west
Lumberton, NC28360
A. nd� ❑ Agent
❑ Adare•ee
g (Prkrr3d Narro) C. Dste of DeAhwY
0, le daUWY addraas dtff*M'7t trort Rem 17 13 Yes
if YES, emer dakvty address below: ❑ No
3, s 'eeTfpe
,Wad Mali ❑ Expnm Maii for Merct,endlea
CS Reolateredietuma+Pt
CI Insured Mari C7 C.O.D.
4. Restrteted Delivery? (E— Fie) Q Yea
2. ArtScte Number 7099 3400 0016 7988 5103
(Transfer from sorvka labs() r o 505 02 +t r 54a
Ps Form 3811, February 2004 Domestic Return Rocolpt
tidy
' r_ .•.V�MMYwy.'y rll ,.�� 1VIlTitS ^.vM
UNITED
ST/s� �'a�AtcSRvsI .i:;r L 5: f�! fi. t� t ae s Ott •• ti,�
• Sender: Please print your name, address,'and ZIPS 4 in this box •
NC DIVISION OF AIR QUALITY
ATTN: ENFORCEMENT
1641 MAIL SERVICE CENTER
RALEIGH NC 27699-1641
ram{rrlrilrrrfr{lrrl�l,t.lrlrtr,r{tr{1rrr.lrrirrtilLLrhtrrltr(It

NCDENR
North Carolina Department -of Environment and Natural Resources
DIVISION OF AIR QUALITY
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7099 3400 00].6 7988 5080
September 8, 2008
Mr. Charles.Andrews
-Tara Group of Lumberton, Inc.
2700 NC:.I-l.wy 72 West
1.,uniberton, NC 28360 0)
SU1: JEC`1': Civil Penalty Assessment for Violation(s) N` . 00
.1900 Burning
File No. 1OAQ2008 1 15 �� � CO
Violator: Tara Group of Lumberton, ine. / , �
County: Robeson
Dear Mr. Andrews:
']'his letter transmits notice of civil penalty �jssessed against Tara Group of Lumberton, Inc. in the amount of
$1,000 and. $183 investigative costs, for a total of $1,183 .
Enclosed is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by the delegatiou.pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or.poll tinuing violation(s) may he the subject of a new enforcement action, including additional peiialty.
You tnast take one of the three actions outlined beloiv'within thirty (30) days: from the date of receipt of
this letter. Please be advised that if you fail to exercise one of the following Ol)tlons within thirty (30) dayv,
you will lose your right to rippeal or contest this case and your c(ise will be forwarded to the Attorney
GenejwAv Of.fice for collection.
1.. Submit paymeni of the per►alt�:
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when stihmitting payment. PAyment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of.
Enforcement Group - Payment
Department of Environlrleut and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-.1641
1641 Mail Service Center, .Raleigh, NC 27699-1641
2728 Capital Blvd., Raleigh, NC 27604 d V �77oi.-t 1 ..Cc1ri~)linci
Phone: [phone] / FAX: (I 19) 733.18 t2 / lnternct: www.ncair.org Natilrally
An Equal Opportunity / Ai'tirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Andrews
September 8, 2008
Page 2
Please be advised, that it is the policy for NCDENR to charge and collect a processing fee. of $ .1.00 for
checks on which payment has been refused by the bank because of insuf
.ficientfunds or because of an
invalid batik account.
OR
2. Submit a written request: for remission including a detailed justification fox- such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violations) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right: to an administrative hearing and a stipulation and
agreement.that ria factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe civil. penalty slionld•be remitted, and submit it to the address listed below. In determining whether a
remission request will be approyed, the following factors shall be considered;
(L) whether one or m' ore.of the civil penalty assessment factors in NCGS 143.B-282.I(b) were
wrongfully applied. to the detriment of the violator;
(2) whether the,violator lbromptly abated continuing environmental damage resulting from the
:violation;
(3) ` whether the violation was inadvertent or a result of an accident;
(4)" , .whether. the;violai'or has been assessed civil penalties for any previous violations; or
(5) whether (?aytnent of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The :Director of the Division of Air Quality
(D.AQ) will review your evidence and inform you of his/her decision in the matter ofyour remission request.
The response will provide details regarding the case statics, directions for payment, and provision for further
appeal of the penalty. to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee), ' Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. 'Therefore, it is very important that you prepare a complete and
thorough statement tic support of your request for remission.
In order to request.reniission, you must complete and su.bmit the enclosed "Request for Remission. of Civil
.Penalties, Waiver of Right to an Administrative Hearing, and ,Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The 'DAQ also requests that you complete and submit the enclosed Vuslificationfor
Remission Request," :Both forms should be submitted to the following address:
Enforcement Group - Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina.27699-1641

i
Mr.'Andrews
Page 3
OR
3. rile a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearing (OAH).
You must file the petition with the OAhi within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1.) copy of the petition must be filed with the OAI-1. The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address .for the OAH is as follows:
Office of Administrative 1-1carings
6714 Mail Service Centel•
Raleigh, NC 27699-671.4
Telephone'(91.9) 733-2698 Facsimile: (919) 733=3478
A copy of the petition must also be served on NCDl?NR as follows:
Mary Pe» ►iy Thompson, General Cotmsel
North Carolina .Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please iriilicate the DAQ case number, as found on Page 1 of this letter, on your petitiirtr to OA-11'
Failure to -exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an intcinal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you have any questions concerning this matter, please contact Jennifer White tit [phone].
Sincer ,
It h Overcash, P.E,
Enclosures: Assessment Document
cc: Steven F. Vozzo, Supervisor Fayetteville Regional Office
Enforcement File (DAQ 2008-1 15)

S7'j i'E OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF:
THE T ARA GROUP OF LUMBERTON,
INC.
FOR VIOLATION OF:
15A NCA.0 2D .1.900
"OPEN BURNING"
NORTH. CAROLINA.
ENVIRONMENTAL MANAGEMENT COMMISSION
CASE NO. 2008-115
CIVIL PENAI;I'Y ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 143-215.114A, I, B. Keith Overcash, P.E., Director of the
Division of Air Quality (DAQ), make the following:
FINDINGS OIL FACT
A. On 1.1 January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste Management, .Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, lie had observed a large smoldering pile of materials at a
business facility that included creosote poles and other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so -the local fire department would have a place to
practice fire training. Mr. Nelms stated that the location of the burn site was at'I'lle Tara Group of Lumberton,
Inc., 2700 NC Highway 72 West near Lumberton, Robeson County, NC. The property where the burning
occurred is owned by the Buie Land Company, Inc.
B. On 11 January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complaint. Mr. Joyner was accompanied by
Mr. Andrew I:Iammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that included, wooden utility poles, a green powdery substance,
plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw blades, metallic drum
lids, and painted lumber. 'File burn pile measured 39 feet by 63 feet in area. The smoke from the smoldering
wooden poles had a strong.creosote-Iike. odor. The pile was measured to. be approximately 672 feet from.a house
that appeared to be occupied.
C. On 14 January 2008, Mr, Charles Andrews, Owner, The Tara Group of Lumberton, .Inc., talked by phone to Mr.
Neil Joyner and Mr. Steven Vozzo of the FRO :DAQ. Mr. Andrews stated that he allowed the Raft Swamp
Volunteer Fire Dept. to burn the materials at his company's facility for fire training of new fire fighters. The
fire department had burned at the site a couple of times previous to this burn. The pile consisted of scrap wood
from the community that had been piled up for a training burn. Some CCA wood somehow got bumped into
the pile. His company at
the utility poles that were burned. fie also stated that his company, a construction
business, was renting the property from his father's company, Buie Land Company.
D. On 25 January 2008, FRO DAQ issued The Tara Group of Lumberton, Inc. a Notice of Violation/Notice of
Recommendation of Enforcement (NOV/NRE) for allowing the fire department: to burn a pile of debris. 'I'Ilc
certified mail green card indicates receipt ol'the NOV/NRE on 28 January 2008. As of the date of this
assessment, FRO DAQ has received no written response to the NOV/NRE.
E. Compliance Tlistory: No record of previous violations.
F. The costs of investigation or inspection in this matter totaled $183.00

L
I he "Para Group
DAQ Case No. 2008-115
Page 2
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The Tara Group of Lumberton, Inc. was in violation of 15A NCAC 2.D.1900, for causing, allowing or
permitting open burning, as reflected in Part 1, Findings of Fact, above.
13. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-21.5.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 1.43-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 1.43-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DE-CISION:
The 'Para Group of Lumberton, Inc. is hereby assessed a civil penalty of:
$ 1050 �� For one (1.) violation of A 5A NCAC 2D.].900, "Open Burning."
�00 d-- TOTAL CIVIL PENALTY, which is percent of the maximum penalty
authorized by G.S. 143-215.1.14A.
$ 183.00 Investigation costs
ao
$ � TOTAL AMOUNTDUI
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed .in G.S. 143B-
282.1(b) and 15A NCAC 2.1.0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) The duration and. gravity of the violation(s);
3) The effect. on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the. Environmental
Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Dat B. Ce' Overcasln, P.Ia., Director
Division of Air Quality

A,Lrv4
0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
1 t August 2008
CERTIFIED :MAIL
RETURN RE('EIPT.REQUESTED
Randall Andrews
Safety Manager
Industrial & Agricultural Chemicals, .Inc'.
2042 .Buie Philadelphus Road
Red Springs, NC 28377
SUBJI CT: Notice of Violation — Failure to Maintain inspection and Maintenance .Records,
and
Permit Additional .Information — Battery Recycling Operation
.Industrial & Agricultural Chemicals, .Inc. Permit No. 06125R09
Red Springs, .North Carolina, .Robeson County 06/78-00168
Dear Mr. Andrews:
On 3.1. July 2008, Steven Vozzo; Mitchell Revels, and Christy Richardson, of the Fayetteville Regional
Office, conducted an annual compliance inspection of Industrial & Agricultural Chemicals, Inc. in Red Springs, NC.
During the inspection, Mr. Revels and staff observed that records were not adequate for the bagfilter and scrubber
.inspections. ' Also, during the inspection, we observed a small scale trial. run of the battery recycling operation foe
which the facility has submitted a permit application. Additional information will be required prior to permitting
this process. The violation and requirement for additional permit information are described below.
(1) Notice of Violation ;for Failure to Maintain Inspection and Maintenance Records.
During the inspection, Mr. Andrews was not able to provide complete inspection or maintenance records .for the
bagfaters (ID Nos. C-1, C.13-F.PB-3, C-4, CD4PI3-2, C-5, and DA-2) and aqueous contact senrbbers (ID Nos.
D-3 and D-4). Specific Condition and Limitation A.13. of Air Permit No. 06125R09 states that your facility
shall perform periodic inspection and maintenance as required by the manufacturer for the bagfilter and scrubber
systems. The specific condition also requires that your facility perform an annual internal inspection of each
bagfilter and scrubber system. It appears that some inspections may have been done, but documentation was
limited. Since records did not indicate that annual inspections had been performed on the control devices listed
above, industrial & Agricultural Chemicals, Inc. is in violation of this regulation.
Additionally, other record keeping appeared not to be kept up to date. Suggestions were made to you during the
inspection conference on ways to improve your record keeping system. This office also understands that you
are preparing the .requested updated process diagram for your facility. Since much of your operation is a batch
process, records are needed on daily and even hourly production. This information will be imperative in order
to renew your air permit in the next six months.
Fayetteville Regional Office -- Division of Air Quality TeTOne t , 1
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 1 �1 Ol t 1Caroli Ia
Phone: [phone] Fax: [phone] Internet: http:l/www.ncair.org Natff-rallff
An Equal Opportunity/Affirmative AC6.6 Cmployer - 50% Recycled/10% Post Consumer Paper

Industrial & Agricultural Chemicals, Inc.
Notices of Violation / PAT -- I I August 2008
Page 2
(2) Permit Additional Information regarding the Alkaline .l3attcy Recy_clin r QacLL ion.
During the inspection, a trial run of the alkaline battery recycling operation was performed. Following this
observation, and alter conducting :further research, it appears that additional information will be required in.
order to process your permit application for an alkaline battery recycling :facility. This office is concerned
that all the emissions have not been evaluated. The. following items/concerns should be addressed:
a Detailed description of how your facility plans to eliminate all plastic materials prior to drying;
® Detailed process flow diagram of the battery recycling operation;
® An analysis of all emissions generated or emitted during this process (including emissions froth inherent
mercury) and toxics demonstrations if required.
® Detailed description of the emission controls your facility plans to use to control these emissions
Your permit application will remain on hold until you and your consultant address the additional concerns
and submit a completed permit application. :Please note that the alkaline buttery recycling operation is not on
your current air permit and should not be operated until an air permit has been issned.
Please submit a written response to this Office by 27 August 2008 as to actions taken to bring about
compliance and any additional information or description of any mitigating circumstances in reference to the
violation. "The response should outline steps that you plan to take or have taken. to return to compliance. As stated
above, your permit application for a battery recycling facility will not be processed until a complete permit
application, addressing the additional items of concern, is submitted.
As stated in the ".subject" above, this letter represents a Notice of Violation for the recordkeeping issues
observed on 31. July 2008. The above violation and any future violation of an air duality regulation are subject
to the assessment of civil penalties as per North Carolina General Statute 143-21.5.114A. This General Statute
provides that civil penalties of not more .than twenty-five thousand ($25,000) may be assessed against any
person vvho violates any classification, standard, or limitation established. pursuant to General Statute 143-
215.107, "Air Quality Standards and Classifications." In addition, each day of continuing; violation after written
notification from the Division of Air Quality shall be considered a separate offense. In addition; please refer to
the enclosed Pollution-Prevention/Small Business insert for further information if you need assistance.
The Division strongly .recommends that you carefully examine your current permit.stipulations and request
explanation from this Office as necessary. We appreciate your prompt 'attention to these matters. If you have any
questions regarding; this matter or if we can provide any additional information or assistance, please call Christy
.Richardson, Environmental l;ngineer, at (9.10) 433-3377, or me at [phone].
Sincerely,
Steven F. Vozzo }l(
Regional Air Quality Supervisor
ii.closure — Pollution Prevention Brochure . .
SFV%ctr
cc: DAQ Central Files
FRO County files

11/18/2008 15:04 9197153605
CERTIFIE,I) MAIL
RETURN RECEIPT REQUESTED
Mr. Randall F Andrews
2042 Buie Phil Road
Red Springs, NC 28377
Dear Mr. Andrews:
DWM
F AWFA
WDEr"44M
January 29, 2008
PAGE 02/06
kA,j F
IMMERTATE ACTYON
NOTICE OF VIOLS LTION
IDocket N 2008-039
On December 18, 1980, the State of North Carolina, Hazardous Waste Section (Section) was
authorized to operate the State Resource Couservation and Recovery Act (RCRA) Hazardous
Waste Program under the Solid Waste Management Act (Act), N.C.G.S. 130A, Articl,- 9 and
rules promulgated thereto at 15AN.CAC 13A (Rules), in lieu of the federal RCRA program.
On January 10, 2008, Mr. Bobby Nelms, Environmental Senior Specialist, with this ottice,
conducted an investigation at the TARA Group office and grounds. The property is locate I at
2700 NC Highway 72 West in Lumberton, North Carolina. The January 10, 2008 investig 3,fion
was conducted in response to a complaint alleging the improper disposal of chemicals at f ie
property.
Statement of Facts Related Respondent's Management of Hazardous Wastv
The January 10, 2008 investigation revealed that the land behind the TARA shop was use([ for
the mining of sand and that various types of material had been dumped on the site. There were
two distinct areas of concern.
The first area, which. was closest to the office, had been used to dump caustic soda sludge -iod
gypsum- According to Mr. Randall F. Andrews, owner of the property, the material was p [aced
there temporarily until it could be mixed together as a.fertilizer to be applied to the land. j d the
time of this investigation it was apparent that the material had been wet, but not liquid, wh -.n
placed in this location. This material will be mixed and used as a fertilizer on. the land as
discussed during our meeting.
The area of primary concern was located. back further behind the office area. This area hac I been
used to burn pallets for the local fire department to practice extinguishing. The debris pile
contained burned remains of creosote poles and metal froth unidentified sources. Addition ally,
near the burned creosote poles, there were areas of ash which appeared greenin color. The green
1 ,-:1 4r'i I '�.- er'A: c i. I Ie i., F,,,-,i
Phoi-ie 9'19-7�,3-4996 1 FrII%X 9
An Fq-xn! 0.0.0aIlujlltv 1P.1

11/18/2008 15:04 9197153605 DWM PAGE 03/06
color of this ash indicates that there is potential of contamination from burned CCA treat,:d.
poles. During a later conversation with Mr. Andrews, he stated that the poles .had been
purchased and had been burned accidentally.
Statutory and Rg2u►latory Background
A. 40 CFR 261.1(a), adopted by reference at 1.5A NCAC 13A .0I06(a), identifies those solid
wastes which are subject to regulation as hazardous wastes under farts 262 through 265
and Farts 270, 271, and 124 of this Chapter and which are subject to the notification.
requirements of Section 3010 of RCRA.
B. 40 CFR 261.2(b), adopted by reference at 15A NCAC 13A .0106(a), states that riaterials
are solid waste if they are abandoned, by being [ 1 ] disposed of; or (2] bL reed or
incinerated; or [3] accumulated, stored, or treated (but not recycled) before or ill lieu of
being abandoned by being disposed of, burned, or incinerated.
C. 40 CFR 261.3(a), adopted by reference at 15A NCAC 13,A .0106(a), states that a: solid
waste, as defined in Section 261.2 is a hazardous waste if:
1. It is .not excluded from regulation as a hazardous waste under Section 261.4(b);
and
2. It meets any of the following criteria:
i. It exhibits the characteristics of hazardous waste identified in Subp art C.
ii. It is listed in Subpart D and has not been excluded from the lists in
Subpart D under Sections 260.20, and 260.22 of this chapter.
iii. It is a mixture of solid waste and. hazardous waste that is listed .in S abpart
D solely because it exhibits one or more of the characteristics of hazardous
waste identified in Subpart C, unless the resultant mixture no Ionger
exhibits any characteristic ot`hazardous waste identified in Subpart C.
iv. It is a mixture of solid waste and one or more hazardous wastes l isted in
Subpart D and .had -not been excluded from this paragraph under `sections
260.20 and 260.22 of this chapter.
D. NCGS 130A-290(6). defines "Disposal" as the discharge, deposit, injection, dumping,
spillhig, leaking or placing of any solid waste into or on any land or water so -:hat the
solid -waste or aray constituent part of the solid waste may enter the euvironmei it or be
emitted into the air or discharged into any waters, including groundwater.
F. 40 CFR. 124.2, adopted by .re:ference at 1 S.A NCAC 13A .0105(a) defines "OA ner" or
"Operator" as the owner or operator of any ".facility or activity" subject to regulation
under the RCRA program.

11/18/2008 15:04 9197153G05 DWM PAGE 04/0G
F. NCGS 130A-290(22). defines "Person" as an .individual, corporation, company,
associaiion, partnership, unit of local government, State agency, federal agency or other
Iegal entity.
G- NCGS 130A.-290(41), defines "Storage" as the containment of solid waste, either on a
temporary basis or for a period of years, in a manner which does not constitute di: posal.
H. 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b), defines a "genezator" as
"any person, by site, whose act or process produces hazardous waste identified •)r listed
in part 261 or whose act first causes a .hazardous waste to become subject to regi nation."
The EPA has long recognized that, in the event of a violation ofRCRA andthe hazardous
waste rules, "co -generators" of bazardous waste can be jointly and severally liable for
improper management of hazardous waste. 45 FR 72024, 72026 (October 30, 19f 0).
Violations Requiring Immediate Action
I. It is the determination of the Section that the burn pile residue located at the TAR 9. Group
property in Lumberton, North Carolina constitutes storage and disposal of solid/hazardous
waste subject to all applicable requirements of 40 CFR Part 261 through Part :?65 and
Part 270, incorporated by reference in 15A NCAC 13A .0106 -- .0110 and .0113.
Specifically, for the burned residue on said property:
1. 40 CFR. 26111, adopted by reference at 15A NCAC 13A .01.07(a), requiros that a
person who generates a solid waste, as defined in 40 CFR. 261.2, must determine
if the waste is a hazardous waste using the following method.
a. He should first determine if the waste is excluded from regulation a under
40 CFR 261.4.
b. He must then dete=ine if the waste is listed as a hazardous waste i 1
Subpart D of 40 CFR Part 261.
C. If the waste is not listed as a .hazardous waste in Subpart D of 40 C FR ]Part
261, he must determine whether the waste is identified in Subpart C of 40
CFR .Part 261 by either.
i. Testing the waste according to the methods set forth in Su )part C
of 40 CFR .Part 261, or according to an equivalent method
approved. by the Administrator under 40 CFR 260.2.1; or
ii. Applying knowledge of the ;hazard characteristic of the v aste in
light of the materials or the processes used -
Randall F. Andrews, is in violation of 40 CFR 262.11, adopted by reference at 15A
NCAC 13A .0107(a), in that a solid waste was generated on the property as defined in 40
CFR 261.2 and a determination was not made by the generator whether that wast,, was a
hazardous waste.

11/18/2008 15:04 9197153605 DWM PAGE 05/06
2. 15A NCAC 13A .0109(a), requires that any person who treats, stores, or dispose:; of
hazardous waste shall comply with the requirem.ents set forth in this section. The
treatment, storage or disposal of hazardous waste is prohibited except as provided in 40
CFR Parts 264 and 265, adopted by reference in 15A NCAC .13A .0109 --- .0110.
Randall F. Andrews is in violation of 1,5A NCAC 13A .0109(a), in that baxardcus waste
has potentially been. stored and disposed without complying with the requirer Gents set
forth in 40 CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 and
.0110.
COMPLIANCE SCHEDULE
Within 30 days from receipt of this notice, Randall F. Andrews shall comply with the fol lowing
requirements:
1. Comply with 40 CFR 262.11, adopted by reference at 15A NCAC 13A .010i'(a). An
immediate determination of hazardous characteristics must be completed for all areas of
the bum pile which potentially could contain contam.1natio•,1.
2. Comply with 40 CFR 262.12, adopted by reference at 15A NCAC 13A .0107(a). Prior to
shipment of any hazardous waste, an EPA Identification Number must be obt, pined for
this site. You may contact Mr. Jim Edwards with. this office at [phone] to make
provisions for obtaining the I.D. number.
3. Comply with 15A NCAC 13A .0109(a). Randall F. Andrews shall no longer store or
dispose of hazardous waste without full compliance with this section. Pending : ,hipment
of hazardous waste for proper disposal, Randall F. Andrews, must comply with 40 CFR
262.34(a), adopted by reference at 15A NCAC 13A .0107(c), wbicb. states that:
a. If the waste is placed in containers the generator must comply with Sub part I of
40 CFR Part 265 or if the waste is placed iu tanks, the generator ..uaust comply
with Subpart J of 40 CFR Part 265, except 265.197(c) and 265.200. No waste
piles are allowed-
b. The date upon which, each period of accumulation begins must be clearly marked
and visible for inspection on each container.
C. While being accumulated on -site, each container and tank must be labeled or
marked clearly with the words, "Hazardous Waste"; and
d. The generator must comply with the requirements for owners or operators in
Subparts C and D in 40 CFR Part 265, Section 265.16 and 268.7(a)(4).

11/18/2008 15:04 9197153605
DWM
PAGE 06/06
Potential Consequences of Failure to Cempiy
You must comply with each requirement of this Immediate Action Notice of Violation
(IANOV); however, compliance will not divest the Section of its authority to ssue an
administrative penalty for the violations cited in this LkNOV and additional violations c ited in a
subsequent Compliance Order with Administrative )Penalty. In accordance with NCG3 130A-
22(a), the penalty shall not exceed thirty-two thousand five hundred dollars ($32,500.00;, per day
in the case of a first violation. Each day of a continuing violation shall constitute a separate
violation.
Pursuant to NCGS 130A.-18, a violation of any provision of the Act or the Rules may also result
in the Section initiating an action for injunctive relief If an injunction is obtained, you v ill be
subject to both, the civil and criminal contempt powers of the North Carolina General. COTIrts of
Justice.
If you should have questions concerning the issuance of this IANOV, you may contact
Mr. Bobby Nelms at (91.0) 602-3329.
Sincerely,
E i eth W. Cannon, Chief
Hazardous Waste Section
cc: Central Files
Mike Williford
Bobby Nelms
Harvi Cooper

11/18/2006 15:04 9197153605 DWM
- y
PAGE 01/06
Fax Cover Sheet
DEAIR
Division of Waste Management
Hazardous Waste ,Section
Compliance Branch
DATE: i I - tg-O 9/
TO:
Fax#: ^lQ4—(
FROM:
r
TELEPHONE # :,, - �5� I
Number of sheets
COMMENTS:

t �
Y%
q
4NC®ENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Air Quality William G. Ross, Jr., Secretary
B. Keith Overcash, P,E,, Director
25 January 2008
CE.I2TIF'I.ED MAIL
RIf,TUIZN RE, CEIIPT IZEQULS'IMD
Mr. Cliarles Andrews, Owner / Registered Agent
The Tara Group of Lumberton, Inc.
2700 NC Ifighway 72 West
Lumberton, NC 28360
SUBJECT, Notice of Violation/Notice of:Recommendation for Enforcement: Open Burning
The Tara Group of LlinibCAOD, Inc.
Lumberton, NC, R.obeson Conn ly 6/72-00000
Dear Mr. Andrews:
On 1 l January 2008, Neil Joyner, of this Office, investigated a complaint lodged against you, by
the NC I)ivision of Waste Management. (NCDWM), for open burning of: CreOSOI poles, construction
debris, and olher industrial waste on your business property at 2700 NC highway 72 West near
L i1nIberton, ''R.obeson County, NC. 'Mr. Andrew I-Iaminonds of the NCl_)W.M accompanied Mr. Joyner on
this investigation. NC I-l:azardous Waste Section had earlier irrvest.igated this complaint 10 January 2008,
Upon arrival, Mr. Joyner observed an open burning pile of materials that: included wooden poles, a green
powdery substance, plywood, wooden boards, nails, in.etallic banding, inetallic filter, tree stumps, metal
parts, saw blades, nrietallic drum lids, and painted hiniber, Mr. Joyner also observed. evidence of-previons
burning on the property. Mr. Joyner spoke with you by plione with your fatlier, Mr. ]:Za.ndall. Andrews,
owner of Buie Land. Company and Industrial and Agricultural Chemicals. He stated he owned the
property where the observed materials were burned, but your Company rented this property and. you had
coordinated this burning with the local fire department.
On 11 January 2008, Mr. Joyner was told at the front office of your facility that you were out of
town at t1:le tine. On 14 January 2008, Mr. Joyner and I spoke with you by plione, and you stated that
your company had recently allowed the Rafl Swamp l:7ire Department: to burn the observed pile of
inatorials for a fire training exercise on this property that you were, renting. You stated iliat your father,
Randall Andrews, dumped much of this material from his other businesses and you were not able to
provide, detailed information for what you allowed the fire department to burn. You also stated that the
fire department had pre-viously burned at the site. Mr. Joyner lia.d left a copy of the NC Open . iu-ning
regulations for you at: your facility and during the conversation, 1 explained to you from them why this
burn was not allowed. This burn is considered a waste disposal burn. Also be advised that bniTnng a pile
of demolished materials is riot allowed for fire training, ':['his letter is to officially inform you that to
hermit,, allow, or cause such open burning is a. violation of North Carolina Administrative Code :1.5A 2D
.1900, "Open Burning." PIease review the enclosed brochure and insert explaining this regulation before
conducting any future open biirning. If you leave any questions, please call. this Officc a.t [phone].
Fayetteville Regional Office - Division of Air Quality. �)l1�.
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 5043 N of th.Caroli11a
Main Phone: [phone] DAQ Fax: [phone] Internet: hitp://www.ncair.org
An Equal OpportunitylAffirrn@live Action Employer — 50% Recycled110% Post Consumer Paper AMM711Y

r �
1
NO•V/NRF --The Tara Jup of l..,umberton, lnc.
25 Jamiary 2008
Page 2
You are requested to find a legal method for the disposal of these wastes. Additional information
concerning solid waste disposal can be obtained front a Division of' Waste Mana.gelnenl Specrallst at
[phone]. In addition, please refer to the enclosed Pollution Prevention/Sniall 13usin.ess insert for
furtlier information if you need assistance.
fit some cases, people have obtained burn permits .from the NC; Forest Service and have then
conducted open burnings in violation of other state and local laws. Please note that in almost all cases on
the back of the NC Forest Service permit are the NC: Air Quality regulations awl that their burn permit
indicates you lutist abide by our rules as well as tbeil:S. .Pl.case also realize that various comities,
townships, and/or fire departulclits have t:hcir own regulations in additi ri to the various State burning
regulations. Prior to burtrin.g�.xou- are Teduire4to consider all these _re ulatiens at)(] to make certain you
Li!- e meeting t:he_most_restrictive re�llati.oq..(s).
1.As stated in the "subject" above, this letter represents not only a Notice of Violation for the open
burning i.livestigated oil 11 Tanua.ry 2008, but puts you on notice that this office is preparing an
enforcement report addressing t:hc violation observed. The above violation and any future violation of at)
air quality regulation are subject to the asse•sstnent of civil penalties as per North Carolina General Statute
1.43-215.1.14A. Tlris Geileral Statute provides that civil penalties of not: more than twenty five thousand
dollars (425,000) may be assessed against any person who violates any classification, standard, or
limitation established pursuant to General Statute 143-21.5.107, "Air Quality Standards and
Classifications." In addition, each day of continuing violation after written notification from the Division
of Air Quality shall be considered a separate offense.
Please submit a written response to this office by 8 Tebrual-y 2008, as to actions taken to bring
about compliance and any additional information or description of aliy mitigating cilmanstances that you
believe should affect the outcome of the enforcement evaluation. Please provide an exact list of
materials, .111d sin approximate quantity, that ,you placed in this area. Include the source .for each
of the materials. After the above (late, in lie» of any mitigating circumstances brought to our attention,
this office will submit the enforcement report to the I)irector of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that neither this
letter, nor any subsequent action, absolve you from responsibility for any violation or damage to public or
private property or front ally enforcement action available to this agency.
We appreciate your immediate attention to this envirolnnental concern. if you have any
questions, [)lease call Neil Joyner, Ellvlronlllel1tal Specialist, or Robert 1:Iayden, I_;nvironniental Engineer,
at: [phone].
Siiii�erely,
Steven F VOZZO ;
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV\caj
attaclimenm OB I3rocbure, Ol3 Insert, and 1'2 Insert
cc: (w/o attachment)
FRO Enforcement files
FRO Complaint Files
Mr. Andrew Flamm -ponds, NCDWM SW FRO
Mr, Bobby Nelms, NC.DWMHazardous Waste
Donnie Blackburn, President, Ran swarm Volunteer- Fire Department

I
I
7_ A.
Complete items 1, gqnd 3. Also complete
Item 4 If Restricted. �Wive!Y is desired: X
* Print your name and address on the reverse
so that,we can return the card to you.
* Attach this card to the - back of the MailPieCe,
or on the front if space permits.. '
1. Article Addressed to:
MR CH ARLES ANDRE WS
THE TARA GROUP OF LUMBE
Agent
Re ed by (Pd Vfe, alve) C. Date of Delivery i
Is delivery address different from itemI - O Yes . f
If YES;.enter delivery address below; 0 No
2700 NC HWY 72 WE 1 STr 3, Service Type
RTON NC 28360 Certified Mail 0 Express Mail
LUMBE Registered 0 Rstum Receipt for Merchandise
Cl Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Micle Number 2S10. 0000 6682 L556
(rransfor from service label)
PS Form-381 1, February 2004. Domestir, Return Receipt 102595.02-M-1540
a

D A C&-.
/V 0 V
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael P. Easley, Governor William G, Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
25 January 2008
CERTIFIED MAIL
R;IJURN RECEIPT REQUESTi D
Mr. Randall Andrews, Owner and Registered Agent
Buie Land Company, Inc.
2700 NC .ITighwa.y 72 West
T-,uniberton, Nortb Carolio.a 28360
SU.1:3,IECT: Notice of Violsation/Notice of Reccimttieudation for Rnforcernent: Open .13urning
- Buie Land Company, Inc.
Industrial & .Agrici li.u.ral Chemicals, Inc.
Lumberton, NC, T: obeson County 6/72-00000
Dcar Mr. Andrews,
On 1 J January 2008, Neil Joyner, of this Office, investigated a conaplrainl lodged against you, by
the NC Division of Waste Management (NCDWM), for open buriri.ng of creosol poles, construction
debris, and other industrial waste on your bl.lsiness property at 2700 NC Flighway 72 West near
Loriibertoii, Robeson Counl.y, N'C. Mr. Andrew 7.Tamrnouds of the NCi:)WM acconrpauiecl :Mr. Joyner on
this investigation. NC I-.1azardom Waste Section had earlier investlga.t:e l this eornplalnt 1.0 Jantlary 2008.
Upon arrival, Mr. Joyner observed an open burning pile of materials that hichided wooden poles, it green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal
parts, saw blades, metallic drum lids, a,nd painted lumber. Mr. Joyrier also observed evidence of previous
burning on the property. Mr, Joyner spoke with you by phone and yore stated that your company, Buie
Land Company, owned the property where the Observed materials were burned. You stated that you
understood that the fire dept. bad recently burned the observed materials as a training exercise oil the
property. You stated that your son, Charles Andrews, was coo rditiating this burning with the fire
departmciA. Mr. Joyner left a copy of the Open Burning regulations ft» ' you at the facility office and
duririg the coriversration, he explained from them why this burn was not allowed.
On 14 January 2008, I spoke by phone with your son, Mr. Charles Andrews, of'1'he Tal'a 0.01lp
of Lumberton, Inc. and lie stated that his company was renting this land Joni you. JTe stated that his
company had recently allowed the Raft Swamp Fire Department to burry the observed pile of rnaterials as
a fire training exercise on the property. Ile also stated that the fire department had burned at the site
previously. Additionally, he stated that he did not know exactly all the waste inaterials you had brought
to this pile from your other business, Il chtstrial & AgrimItnral Chemicals, Inc. Tic advised that burning a
pile of demolished materials is not allowed for fire training and. is considered to be Waste disposal.
This letter is to officially inform you that to permit, Allow, or_ cause such open hurtling is a
violation of .N-orib Carolina Administrative Code 15A 2D .1900" "Open Burnrlig." Please review the
Fayetteville Regional Office -- Division of Air Quality oneC
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 NorthCarolina
Main Phone: [phone] DAQ Fax: [phone] lnteniet: http://www.flcair.org Nawr(1Y
�/
An Equal Opportunity/Affinnative Aclion Employer — 50% Recycled/10% Post Consumer Paperdd

NO V/NRI - __ _,le Land Cotnparly, Inc.
25 Jamiary 2008
- Page 2
enclosed brochure and insert explaining this regulation before conducting any future open burning. If you
have any questions, please call this Office at [phone]. You are requested to find a legal method
for the disposal of these wastes. Ad.ditionat information. concerning solid waste disposal can be obtained
from a Division of Waste Management Specialist at [phone]. In addition, please 1'efer' :to the
enclosed POlJlitiO.n .Prevention/Small Business insert for ('61-ther iii;forrliatioll if you deed assistance. .
In some cases, people have obtained Burn Permits fron) the NC forest Service and have then
conducted Opel) burrrings in violation of other state and local laws. Please dote that in almost all cases On
the back of the NC'. Forest Service permit are the NC Air Quality regulations and that then' burn permit
indicates you must abide by our rules as well as theirs. Please also realize that various counties,
townships, a:nd/or ,fire departments have their own regulations in addition to the varl.olls State burning
regulations. Prior to burning, otl arc .rec.mired to consider all these regulations and to drake certain you
tlre,nteetiilg.tllc most: restrictive regulation.:
As stated in the "subject" above, this letter represents not only a Notice of Violation for the open
burning investigated on 1.t January 2008, but puts you oil notice that this Office is preparing a.n
enforcement: report addressing the violation observed. The above violation and arty future violation of an
ai-r quality regulation are subject to the assessuent of civil penalties as per North Carolina C.Getleral Statute
143-215.114A. This General Statute provides that: civil penalties of clot more than twenty five thousand
dollars ($25,000) may be assessed against any person. who violates any classi-fication, standard, or
limitation established pursuant to General Statute 1.43-21.5.107, "Air Quality Standards and
Classifications." In addition, each day of continuing violation after written notification frorn the Division
of Air Quality shall be considered a separate offense.
I'lease submit a writtell response to this office by 8'February 2008, as to actions taken to bring
about compliance and any additional information OI' description of ally mitigating circuumstances that you
believe should affect. the outcome of tale enforcement evaluation. Please provide all exact list of
materials, and an approximate quantity, that you placed in this area. 'Cnelude the source for' each
of the materials. After the above date, in lieu of any mitigating circumstances brought to our attention,
this office will submit the enforcement report to the Dir"ector of the Division of Alr Quality, includitlg
recommendations for the assessment of appropriate civil penalties. .Please be advised that neither this
letter, nor any subsequent action, absolve you from .responsibility for any violation or damage to public; or
private property or froil:r arty enf.'orcement action available. to this agency.
We appreciate your inimediate attention to this environrneirtal concern. If you have any
questions, please call Neil Joyner, Enviromneatal. Specialist, or Robert. Hayden, Ei.ivironn)entat 13ngiricer-,
at [phone]. }
r5,ince, elY, ;i I
:Ale
S t'c;vel) F. 'Vozzo '
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV1caj
at.tachmeats 013 Broclnlre, 013 Insert, and l'2 Insert
cc: FRO Coraplaint files
Mr. Andrew Hammonds, NC.DWM SW MD
Mr, Bobby Nelms, NCDWM 1-fazardous Waste

Jill Complete Items 1; 2, and 3.. Also complete
Item 4 * If. Restricted Delivery Is desired,
0 Print your. nafne: and address on the reverse
so thdt * we can return the card,to you.
5 Attach this'bard to the Oa6k of the mallplecd
or on the front if space permits.
I Article Addressed to"
-
MR RAND ALL ANDF-EWS
BUIE LAND COMPANY INC
2700 NO"44-WY 72 WEST
LUMBERTON NC 28360
A. Sl�gna a
0 Agent
-\,j 13 Addressee
AQZ,ecelved by (Printed Name) C. Date/ oli Dellivep krw,,)�, aj :---L
D. -Is'-delivery address diff4rentfrom item 1? Cl Yes
It YES, enter delivery address below: 0 No
3. Service Type
12 Gertiflod.Mall 13 Express Mall
Registered El Return Receipt for Merchandise
13 Insured Mall 0 C.O.D.
4. Restricted Delivery? Para Fee) 0 Yes
2. Article Number 7001 2510 0000 6682 6549
OTnOer "m service label)
PS Form 3$11, February 2004 Domestic Return Receipt 102595.02-M-1540:'
i.

�*-
RCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Govemor
Division of Waste Management
Dexter R Matthews, Director
January 16, 2008
CERTIFIED MAIL
Return Receipt Requested
70012510 0006 9499 5211
Randall Andrews, President
Buie Land Company, Inc.
2700 NC Hwy 72 West
Lumberton, North Carolina 28360
William G. Ross Jr., Secretary
Subject: Notice of Violation
Robeson County, North Carolina
IS780801
Non -Facility
Dear Mr. Andrews:
Pursuant to North Carolina General Statue's 1.30A-22(a) and to 15A North Carolina Administrative
Code 13B, you are hereby informed that you are operating a non -conforming solid waste disposal site/open
dump on your property located on Melvin Lane in Lumberton, Robeson County, North Carolina.
On January 11, 2008, Neil Joyner with the Division of Air Quality and I inspected a non -conforming
solid waste disposal site on your property located behind Tara Groups office at 2700 NC Hwy 72, Lumberton
in Robeson County, North Carolina PIN 937360821900. The inspection revealed an area of open burning that
was still smoldering with mixed waste streams. Adjacent to this area was a load of construction waste
consisting of plastic pipes, metal, plywood, concrete and other types of waste. There were several piles of
waste that consisted of concrete with rebar, asphalt, concrete mixed with metal and.soil and two large piles of
charred debris and soil. Also noted at this time were 7-10 loads of bottom ash as described by you that you are
planning to experiment with in various applications? The open dumping of solid waste on your property
constitutes a violation of the North Carolina Solid Waste Management Rules, codified at 15A NC
Administrative Code 13B; specifically:
15A N.C. Administrative Code 13B .0201(a) states that "no person shall establish, or allow to be
established on his land a solid waste management facility, or otherwise treat, store, or dispose of solid
waste unless a permit for this facility bas been obtained from the Division of Waste Management."
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 One
Phone: [phone] FAX: [phone] Internet: http://wastenot.enr.state.nc.us NorthCarohna
An Equal Opportunity I Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper ��������

Page 2
January 16, 2008
You are in violation of section 13B .0201(a) in that a solid waste management facility has been established on
your land without a permit from the Division of Waste Management.
Based on the foregoing, discontinue all dumping operations on your property and within 15 days
of receipt of this notice comply with 15A NCAC 13B .0502 Oven Dumps by taking the following actions.
1. Remove and properly dispose of all of the waste that is on your property.
2. Remove and properly dispose of the coal ash that has been dumped on the property.
3. Ensure that all waste is removed from the site and transported to a facility permitted to
accept the waste.
4. Do not burn or bury any of the waste. In addition, documentation that will indicate
the waste has been properly disposed of will be required to resolve this Notice of
Violation. Please mail receipts to the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, Drew Hammonds, 225 Green
Street, Suite 714, Fayetteville, NC 28301.
Pursuant to N.C.G.S. 130A-22(a) and 15A N.C.A.C. 13B .0701 -.0707, an administrative penalty
of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Management Laws and
Regulations.
We solicit your cooperation and would like to avoid taking further additional enforcement actions.
At the same time, it is your responsibility to comply with the requirements of the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at
(910)-433-3351.
Sincerely,
Drew Hammonds
Environmental Senior Specialist
Solid Waste Section
Regional Representative
Cc: Mark Poindexter, Field Operations Branch Head
Dennis Shackelford, Eastern Area Supervisor
Amy Kadrie, Compliance Officer
Neil Joyner, Division of Air Quality
Steve Edge, Robeson County Solid Waste Director

NC DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
ACTIVITY REPORT
Date: 10 January2008 Report By: Bobby Nelms No: 036
Subject: Randall Andrews Property
Location: 2700 NC Highway 72 West
City: Lumberton, NC Zip: 28360 County: Robeson
Contact Person: Randall Andrews Tel#: [phone]
Reason for visit: Complaint Investigation
REPORT:
On this date, I visited the referenced site to investigate a compliant referred to me by
SWS personnel in the Fayetteville Regional Office. The complaint alleged that waste
material had been illegally dumped on property behind the TARA Group facility located
at the address above.
Upon arrival at the site, I spoke to Ms. Denis Andrews who gave me permission to walk
over the properly. I found two distinct areas of concern and began to photograph these
areas when Mr. Randall Andrews, owner, arrived. Mr. Andrews and I had met before so
my introduction was merely a formality. I explained my reason for being there, and
asked him to show me around.
Mr. Andrews showed me an area which he had used to dump caustic soda sludge from
tank bottoms and Gypsum. He explained that he intended to mix the material and use it
as a fertilizer on his property. He stated that the material was not liquid when it was
dumped on the site and the appearance of the site seemed to indicate the accuracy of his
claim.
A separate area, and likely the area of most concern, was a burn pile located further back
from the office building. This area had been used to burn debris, including creosote
poles, for the purpose of allowing the local fire department an opportunity to practice
extinguishing large fires. There were areas of green ash which concerned me since there
was the possibility of CCA treated poles having been burned. If there were, in fact
treated poles there, they had been completely consumed in the fire.
I discussed the areas and my concerns with Mr. Andrews who was very compliant and
willing to take care of whatever needed to be done in order to resolve the issues. I
explained the he would be receiving an Immediate Action NOV from the Section at a
later date and that he would need to comply with the requirements spelled out within the

letter. I also explained my duty and intention to report the matter to the DAQ and to the
SWS. lair. Andrews understood and thanked me for my time.
An IANOV will follow this report and a follow up visit will be conducted at a later date.
Activity type: Complaint

NCDENR�atrt
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F, Easley, Governor William G, Ross, Jr., Secretary
B. Keith Overcash, RE, Director
1 .March 2005
CERTIFIED MAIL
RETIJRN RECEIPT REQUESTED.
Randall Andrews, President
Industrial & Agricultural Chemicals, Inc.
2042 Buie Phil Road
Red Springs, NC 28377
SUBJECT: Notice of Violation -Reporting
Industrial & Agricultural Chemicals, Inc. Permit No. 06125R09
Red Springs, North Carolina, Robeson County 06/78-00168
Dear Mr. Andrews:
Your current air permit, identified above, includes at least I (one) stipulation requiring that a report
be sent to this Office, no later than 30 January 2005. Your facility failed to comply with this requirement. If
you have not ahead (]one lone so -)lease provide this Office with. the rei�ort s within 10 (ten) days of receipt o.f
this letter. Once the report(s) are received in our Office a compliance determination based upon the content
of the report(), shall be made If it is determined during this review that your facility is/was not operating in
colllp_liance an additionll Notice of Violation or denclitib on the type ofviolation and severity, a Notice of
Violation/Notice of Recommendation for Enforcement shall be issued to your facility.
As stated in the "subject" above, this letter represents a Notice of Violation for failure to submit a
required report by the deadline specified in your airpermit. This General Statute provides that civil penalties
of not more than ten thousand ($10,000) maybe assessed against any person who' violates any classification,
standard, or limitation established pursuant to General Statute 143-215.107, Air Quality Standards and
Classifications.
The Division strongly recommends that you carefully examine your current permit stipulations and
request explanation from this Office as necessary. If you have any questions regarding this matter, please call
Mitchell Revels, Environmental Chemist, at.[phone].
Sincerely,
Steven. F. Vozzo
Regional Air Quality Supervisor
cc: DAQ Central Files
FRO County Files
Fayetteville Regional Office - Divlsion of Air Quality vile t.
226 Green Street Suite714, Fayetteville, North Carolina 28301-5043 NO 11CaTo1X11a
Phone: [phone] Fax: [phone] Internet: htoWwwwsrair.org
An Equal Opportunity/Affirmative Action Empioyer —50% Recycled/10% Post Consumer Paper ���

®.Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
* Print your name and address on the reverse
so. that we can return the card to you.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
W-RANDALL ANDREWS
NDUSTRIAL & AGRICULTURAL
2042 B UIE PHIL ROAD
RED SPRINGS NC 28377
by (Please Print Clearly) B. Date of Delivery
Uadildress
❑ Agent
XD. Is deliveerent from item 11 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
K3 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail • ❑ C.O.D.
- - 14. Restricted Delivery? (Extra real, O Yes
2. Article Number 7001 2 510 0003 8090 2356
(Transfer from service label) _ --- — .��. -- ------_...---...--
PS Form 3811, March 2001 Domestic Return Receipt t02595-01-M-1424

1,
�CDENR n
North Carolina Department of Environment and Natural Resources ,
DIVISIbN OF AIR QUALITY
7
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CERTIFIED. MAIL. RETURN RECEIPT REQUESTEI)
7099 3400 00.16 1988 5103
September 8, 2008
Mr. Ra►idall Andrews, Owner
Buie Land Company, Inc.
2700 NC Hwy 72 West
Lumberton, NC 28360
SUB.1BC.1': Civil Penalty Assessment for Violation(s)
2D .1900 Open Burning
File No.: DAQ 2008-113
Violator: Buie Land Company, In.c. .
County: . Robeson
Dcar Mr. Andrews:
co
Y
SEE f � � ca
2808
This letter transmits notice.of civil penalty assessed against Buie :Land Company, Inc, in the.ainount of
$2,000 and $183 investigative costs, for a total of $2,183.
Enclosed is a copy of the assessment document explaining this penalty. This'action was taken under the
authority vested in nie by the delegation pursuant to.North Carolina General Statutes (NCGS) 143-215.114.A(d).
Any new or continuing violation(s) may be the subject of a new enforcement action,. including additional peiialty.
You nna't take One Of the three actions outlined below within thirty (30) days from the date of receipt of
this letter•. Please be.advised that if you f •ail to exercise one of the hollowing options rvitlrin thirty (30) days,
you will lose your right to appeal or contest this case rind your*c4se w411 hd forwarded it) the A t(irney
Gdne'ral's Uf free for collection.
1. Subl{nit p�iytneut of the ��enalty: .
Payment should be made directly to the order of the North Carolina Depat.ment of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your clieck to
insure proper posting. Please do not include the attached waiver form when submitting payment. Payrnent of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Enforcement Group - Payment
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-164.1
1641 Mail Service Center, Raleigh, NC 27699-1641 OIh 2729 Capital Blvd., Raleigh, NC 27604 NC rffiCw.-o na
Phone: [phone] / FAX: [phone] / Ltternet: www.ncainorg
An I:._qual Opportunity / Affirmative Action Employer - 50% Recycled/10%Post'Consumer Paper d

Mr. Andrews
September 8, 2008
Pagc•.2
Please be advisetl, that it is the policy for NCDLNR to charge and collect a. processing fee of $25.00 fi r
checks on which payment has been ref used iiy the brink because qf insufficient funds or because of arr
invalid bank account.
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited'to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver'of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that.establishes why you
believe civil penalty should vc remitted, �iid submit it to the address listed below. In determining whether a
remission request will be approved; tlic following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated. continuing environmental damage resulting from the
violation;
(3) whether the violation -w,is inadvd�-tent or a result of an accident;
(4) whether the violator has been .assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support: of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The Director of the Division of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further'
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty .Remissions
(Committee). Please be advised that the Committee cannot consider information that was riot part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission. .
In order to request remission, .you must complete and submit the enclosed "Izequest for Remission of Civil
Penalties, T��aiver ofRighl to an Administrative Heating, and Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed ':Iustifrcation for•
Remission Request. " Both forms should be submitted to the following address:.
F,nfor•cernent Group - Remn issio
Department of Environment and Natural Resources
Division of Aii• Quality
1641 Mail Service Center
Raleigh, North Carolina 21699' 1641

w
Mr. Andrews
Page 3
OR
3. File a petition for an administrative liearing Nvith the Office of Administrative Tlearilzgs:
if you wish to contest any statement in the attached assessment documnent you must file a petition for an
administrative ]tearing. You may obtain the petition form from the Office of Administrative Hearing (OAH),
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAII accepts
fili.ngs Monday -through Friday between the hours of 8:00 a.m. and 5:00 p,m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OAI-I. The -petition maybe faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address for the 0AI1 is as follows:
Office of Administrative Hearings
6114 Mail Service Center
:Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition mlist also be served oil NC.DENR as follows:
Mary Penny'Thompson, General Counsel
North Carolina Department of Environment and Natural Resources
1601, Mail Service Centel -
Raleigh, North Carolina 27699-1.60.1
Please iiulieate the DAQ case nuin6el•, as found on Page 1 of this letter, on yoiir petition to OAH.
Failure to exercise- one of the opt' hs above within thirty '(30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postlllark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subiect of this action have not beeii corrected.
If you have any questions concerning this matter, please contact Jennifer'White at [phone].
Srei(t
E q
Iercash, P.E.
Enclosures: Assessment Document
cc: Steven F. Vozzo, SUperVlsoT Fayetteville.Regional Office
Enforcement File (DAQ 2008-1.13)

STATE OF NOR] .IH CAROLINP
COUNTY OF ROBE SON
IN THE MA77I'ER OF: NORTH CAROLINA
13NVIRONMENTAL MANAGEMENT COMMISSION
BUIE LAND COMPANY ) CASENO. 2008-113
FOR VIOLATION OF: ) .
15A NCAC 2D .1900 )
"OPEN BURNING" ) CIVIL PENALTY ASSESSMENT
)
Acting pursuaint to North Carolina. General Statutes (G.S.) 143-215.11.4A, J., B: Keith Overcash, T?.E., Director of the
Division of Air Quality (DAQ), malce the following: ' . .
L FINDINGS OF FACT:
A. On i I January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of'Waste Management, Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, lie had observed a large.smoldcring pile of materials at a
business facility that included creosote poles and. other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice lire training.' Mr. Nelms stated that the location of the burn site was at The "l-ara Group of Lumberton,
Inc., 2700 NC Highway 72 West near Lumberton, Robeson Comity, NC. The Buie Land Company, Inc owns
the property where the burning occurred.
B. On 11. January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complaint.. Mr. Joyner was accompanied by
Mr. Andrew I-lammonds of the Fayetteville Regional Office of the; Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering; pile of materials that included wooden poles similar to telephone poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding;, metallic filter, tree stumps, metal parts, saw
blades, metallic drum lids, and painted lumber. The burn pile measured 39 feet by 63 feet in area. The smoke from
the observed smoldering wooden poles had a strong creosote -like odor. The pile was 672 feet from a house that
appeared to be occupied. .
C. On I I Januai.•y 2008, Mr. Randall Andrews stated to Mr. Joyner by phone that:
a. His company, Buie Land Company, owned the property at this burn site.
b. The Raft Swamp Volunteer Fire Dept. had burned the observed smoldering; pile as a training; exercise
on his property. tie was not at the site during the training; exercise. He understood that the fire dept.
was planning; to burn unpainted wooden pallets. The pallets came from Industrial and Agricultural
Chemicals, another of his companics, located between Red Springs and Lumberton, NC.
c. He did not realize that the fire department had included 2-3 utility poles in the fire. He (lid not tell them
to burn the poles, but assumed that the poles were from his property. I. -le did not notice other materials
in the pile besides wooden pallets until yesterday.
D, .On 25 January 2008, FRO DAQ issued Buie Land Company a Notice of Violation/Notice of Recommendation
of Enforcement (NOV/NRE) for allowing the fire department to burn a pile of debris.

9
Buie Land Company, Inc.
`DAQ Case No, 2008-113
Page 2
E. On 8 February 2008, FRO DAQ received a written response to the NOV/NRE from Mr. Randall Andrews of
Buie Land Company. He stated that he did not know that there was any regulation against burning wooden
pallets. He stated that had he known this, lie would never have asked the Raft Swamp Fire Dept.'to.use them in
a training exercise. Mr. Andrews failed to provide FRO with the requested information regarding materials in
the fire and their origins
F. Compliance History: No record of previous violations.
The costs of investigation or inspection in this matter totaled $ 183.00.
U. CONCLUSIONS OF .LAW:
A. Buie Land Company was in violation of 15A NCAC 2D.I900, for causing, allowing or permitting open
burning, as reflected in Part I, Findings of Fact, above.
B, G.S. 143-215.11.4A provides that a. civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission,
C. G.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
Pei -soil who violates or .fails to act in accordance with the terms, conditions, or requirements of a per►nit
required by G.S. 143-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based -upon the above Findings of Fact and Conclusions of Law, I make the following:
W. DECISION:
Buieland Company is hereby assessed a civil penalty of:
For one (1) violation of 15A NCAC 2D.1900, "Open Burning."
$ -( 400C) 'TOTAL CIVIL, P.LNALTY, which is _ percent: of the maximulll penalty
authorized.by G.S. 143-215.114A.
$ 183,00 Investigation costs
$� TOTAL AMOUNT DCJ.E

10
Buie'Land Company 3
DAQ Case No. 113
Page 3
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, l considered the factors listed in G.S. 14313-
282.1(b) and 15A NCAC 2J .0106, which are the following: .
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air quality;
4) 17ie cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record o.fthe violator in complying or failing to comply with programs over which the 11,nvironmental
Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Date . K 'I Ovetcash, P.1I., Director
Divisioai of Air Qualify .

a Complete ttetns 1, 2, and 3. Also complete
ttern 4 If RestrloWd DaIKOIYIadashed.❑Addresoso
a P&Tyour narn• end address on the revetae
we can return the card tcrYou.
Name)oete of Dellvary
go
3o that
a Attach this card to the track of the msliplece,or
on the Itont It "Ce pe" t.oddrose
dtNarard tront Item 1? ❑ Yea
4 Addrseed to:
1. Artira
If YES, emer daQvery address txtow ❑ No
DAQ Z008-1 t3 CPA 0910812008
Mr. Randoil Andrews
Buie Land Company, Inc.
2700 NC Hwy 72 West
caiype
Lumberton. NC 28360
;Certlllad Mail 0 Express Moil � Mercnenataa
ecwnReoalpt
Replatared
T4.
3 Ircaured Mall D C.o.o.
esOtctad D6iN-SIT (Extra Fi9e} Q yes
z. Artsda Number 7099 3400 0016 7988 5103
(Transfer from sarvko label)
t�5o5-02�t t54a
PS Form 3811, February 2004 Damestie Return Rocolpt
' t • � .��^^Y��,' 'Pffl;t�6s"�Fail.,'i�'afd
UNITED STKM.sJPQ
28
iYj
• Sender: Please print your name, address, and ZIP*4 in this box •
NC DIVISION OF AIR QUALITY
ATTN: ENFORCEMENT
1641 MAID. SERVICE CENTER
RALEIGH NC 27699-1641
r�.L .1111JI111l,111.11 ltr.1111111M111It1.1411it(111111fit �MI. fit

NCNB
North Carolina Department of Environment and Natural Resources
DIVISION OF AIR QUALITY
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CERTIFIED MAIL RETURN IZECEIPT REQUESTED
7099 3400 001.6 7988 5080
September 8, 2008
Mr. Charlcs.Andrews
-Tara Group of I:,umberton, Inc.
2700 NC .1-Iwy 72 West r .
Lumberton, NC 28360
SUI3JEC'F: Civil Penalty Assessment for V iolation(s)
2D .1900 Open Burning A% � >
Pile No.: DAQ 2008-115 -f t3
Violator: Tara Group of Lumberton, .Inc. ti°
County: Robeson
It
Dear Mr. Andrews:
']'his letter transmits notice of civil penalty assessed against Tara Group of Lumberton, Inc. in the amount of
$1,000 and. $1 83 investigative costs, for a total of $1,183 .
Enciosed is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by the delegatiou.pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or.cootinuing violation(s) may be the subject of a new enforcement action, including additional penalty.
You must take one of the three actions outlined below'withiii thirty (30) tlays.from the date of receipt of
this letter: Please be advised that if you fail to exercise one of the following options within thirty (M) days•,
you will lose yorir• right to appeal or contest this arse trnd your.Wse will be forwarded to the Attorney
General's Of.fice fir collection.
1.. Submit payment of the penalt'.
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when submitting payment.•Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of.
,Enforcement Groul) - Payment
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, .Raleigh, NC 27699-1641 / r
2728 Capital Blvd., Raleigh, NC 27604 Npl t�a'c1-ofi-nca
Phone: [phone] / FAX: [phone] / baernct: www.mair.org Nafitrally
An Equal Opportunity / Affirmative Action Employer - 50% Recycled/10%Post Consumer Paper

Mr. Andrews
September 8, 2008
Page 2
Please he advised, that it %s the policy firr NCDENR to charge rrnrl collect rl processrng fee. of _ _ _ - _ , _ .
checks on which payment has been refused by the bank because gf insuff cient furirls or because of an
invalid batik account.
OR
2. Submit it written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement.tllat' _factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe.civil.penalty should,be remitted, and submit it to the address listed below. In determining whether a
remission request will be appro.yed, the following factors shall be considered:
{I) �vlicther obe or mor`e.of the civil penalty assessment factors in NCGS 143B-282.I (b) were
wrongfully applied to the detriment of the violator;
(2) whether the..violator promptly abated continuing environmental damage resulting from the
:violatio
3 whether the violation was inadvertent or a result of an accident;
(4).' whether. the: vio]at or has been assessed civil penalties for any previous violations; or
(5} whctlle"r payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The :Director of the Divisionof Air Quality
(D.AQ) will review your evidence: and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case statics, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). .Please be advised that the Committee cannot consider information that was not pact of the original
remission request considered by the Director. `l"herefore, it is very important that you prepare a complete and
tihorbugh statement hi support of your request for remission.
1.11 order to request.remission, you must complete and submit the enclosed °Request for Remission. of Civil
Penalties, Waiver gfRight to an. Administrative Hearing, and Stipulation gf Facts" form within thirty (30) days
oI'receipt of this notice. The DAQ also requests that you complete and submit the enclosed 'Uustifrcation for
Remission Request." Both forms should be submitted to the following address:
Enforcement Group - Remission
Department of Environment and Natural Resources
Division of Air Quality
1.641 Mail Service Center
Raleigh, North Carolina 27699-1641

OR
3. File a petition for an administrative hearing with the Office of Administrative I-learings:
if you wish to contest: any statement in the attached assessment document you must file a petition for ,an
administrative hearing. You may obtain the petition form from the Office of Administrative Ilearing (OAf1.).
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Bearings during normal office hours. The OAhI accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1.) copy of the petition must be filed with the OAH, The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address .for the OAH is as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-671.4
Telcphone [phone] Facsimile: (919) 733=3478
A copy of the petition must also be served on NCDF�NR as follows:
Mary Pen0y Thorripson, General Counsel '
North Carolina Department. of Envlronnient and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please iindicatc the DAQ case number, as found on Page 1 of this letter, on your petition to OAI-I:'
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed. if the violations that are the subject of this action have not been corrected.
If you have any questions concerning; this matter, please contact Jennifer White at [phone].
. Sincer ,
rr
I.h Overeash, I'.E.
Enclosures: Assessment Document
cc: Steven P. Vozzo, Supervisor Fayetteville Regional Office
Enforcement File (DAQ 2008-115)

ST,ti T E OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF:
THE TARA GROUP OF L'UMBERTON, )
INC. )
FOR. VIOLATION OF: )
15A NCAC 2D .1.900 )
"OPEN BURNING" )
NJ
NORThi. CAROLINA.
ENVIRONMENTAL MANAGEMENT COMMISSION
CASE NO, 2008-115
CIVIL, PENAI:I'Y ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 143-215.114A, 1, B, Keith Overcash, P.E., Director of the
Division of Air Quality (DAQ), make the following:
1. FINDINGS OF FACT:
A. On 1 l January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the b%vision of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste Management, .flazardous Waste
Section. Mr. Nelms .stated that on 10 January 2008, he had observed a large smoldering pile of materials at a
business facility that included creosote poles and other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice fire training. Mr. Nelms stated that the location of the burn site was at 'The Tara Group of Lumberton,
Inc., 2700 NC highway 72 West near Lumberton, Robeson County, NC. The property where the burning
occurred is owned by the Buie Land Company, Inc.
B. On 11 January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complaint. Mr. Joyner was accompanied by
Mr. Andrew flammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that included. wooden utility poles, a green powdery substance,
plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw blades, metallic drum
lids, and painted lumber, 'Pile burn pile measured 39 meet by 63 feet in area. The smoke from the smoldering
wooden poles had a strong.creosote-like. odor. The pile was measured to be approximately 672 feet from.a house
that appeared to be occupied.
C. On 14 January 2008, Mr. Charles Andrews, Owner, The Tara Group of Lumberton, .Inc., talked by phone to Mr.
Neil Joyner and Mr. Steven Vozzo of the hItO DAQ. Mr. Andrews stated that lie allowed the Raft Swamp
Volunteer Fire Dept. to burn the materials at his company's facility for file training o'fnew file figI1tC1'S. The
fire department had burned at the site a couple of tunes previous to this burn. The pile consisted of scrap wood
from the community that had been piled up for a iraining burn. Some CCA wood somehow got bumped into
the pile. His company sells the utility poles that were burned, fie also stated that his company, a construction
business, was renting the property from his father's company, Buie Land Company.
D. On 25 January 2008, FRO DAQ issued The Tara Group of Lumberton, Inc. a Notice of Violation/Notice of
Recommendation of Enforcement (NOV/.NRE) for allowing the fire department: to burn a pile of debris. The
certified mail green card indicates receipt of' the. NOVMRE on 28 January 2008. As of the date of this
assessment, FRO DAQ has received no written response to the NOV/NRE.
E. Compliance History: No record of previous violations.
F. The costs of investigation or inspection in this matter totaled $183.00

1
08-115
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. The Tara Group of Lumberton, Inc. was in violation of 15A NCAC 2D.1900, for causing, allowing or
permitting open burning, as reflected in Part 1, Findings of Fact, above.
B. G.S, 143-215.1 14A provides that a civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 143-215.3(a)(9) provides that tine costs of any investigation or inspection may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 1.43-2.15.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions.of Law,1 make the following;
ill. DECISION:
The Tara Group of Lumberton, Inc. is hereby assessed a civil penalty of.
/ 9DO �� For one (1.) violation of.15A NCAC 2D.190U, "Open Burning."
®d3U TOTAL CIVIL I'11NA1 `I'Y, which is
percent of the maximum penalty
authorized by G.S. 143-215.1.14A.
$ 183.00 Investigation costs
as
$ TO TAI, AMOUNT DIJE
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, 'I considered the factors listed in G.S. l 43B-
282.1(b) and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) The duration and. gravity of the violation(s);
3) The effect on ground or surface water quantity or duality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money' saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying orfailing to comply with programs over which the Environmental
Management Commission has regulatory authority', and
8) The cost to the State of the enforcement procedures.
l
Datul B. Ce' Overcash, P.E., Director
Division of Air Quality

NCDFNR
North Carolina Departmeht of Environment and Natural Resources
DIVISION OF AIR QUALITY
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CERTIFIET) MAIL.RETURN IZECEIPT REQUESTED
7099 3400 001.6 7988 5080
Septelnber 8, 2008
Mr. Charles,'Andre'ws
-Para Group of Lumberton, Inc.
2700 NC kwy 72 West
Limiberton, NC 28360
Si)1:3.113C"1'; Civil Petialty Assessment for Violation(s) N` . Co
21) Pile No.1900DAQ Burning
� -•-� ��� <��� .~..
c
Violator: Tara -Group of Lumberton, .Inc.
County: Robeson
Dear Mr. Andrews:
This letter transmits notice of civil penalty -assessed against Tara Group of Lumberton, L1c. in the amount of
$1,000 and. $183 investigative costs, for a total of $1,183 .
Enciosed is a copy of the assessment document explaining this penalty. 'this action vvas taken under the
authority vested in me by the delegation pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or.continuing violation(s) may he the subject of a new enforcement action, including additional penalty.
You trust take one of the three actions outlined below within thirty (30) tlays:from the (late of receipt of
tlzis letter. Please be advised that if you fail to exercise one of the following options within thirty (30) days,
you will lose your right to tippeal or contest this case an(1your�Case will be for;Oanled to the Attorney
General'.( Of.fice for collection.
I.. Submit pa:ymeia of the penny* :
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENIR). When submitting payment, please reference your DAQ case number. on your check to
insure proper posting. Please do not include the attached waiver form when stihmitting payment.. Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please subrllit
payment to the attention of:
Ertftn-eenaent Group -.Payment
Department of Environment and Natural Resources
Division of Air Quality
1.641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1641 �T��11e l
2728 Capital Blvd., Raleigh, NC 27604 i�f��}�l}��l.��ill'C-)�.LI7c1
Phone: [phone] / FAX: [phone] / lnternct: www.ncair.org
An F.gwd Opportunity / Atiirmative Action 13mploycr - 50% Recycled/10% Post Consumer Paper

Mr. Andrews
September 8, 2008
Page; 2
Please he advised, that it is the policy fir NCDENR to chars e and collect « processing fee. of S'25.00 for
checks on which payment has been refused by the bank because�f insufficient funds or because of an
invalid bank account.
Oil
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violations) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right: to an admin.istrativc hearing and a stipulation and
agreement .that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe civil.penalty should be remitted, and submit it to the address listed below. In determining whether a
reinissidn request will be approved, the following factors shall be considered:
(1.) whether orie or in' ore.of the civil penalty assessment factors in NCGS 14313-282.I(b) were
wrongfully applied to the detriment of the violator;
(2) whether the,violator j)romptly abated continuing environmental damage resulting from the
violatign
(3) ` whether the violation was inadvertent or a result of an accident;
(4).- , .whether. the.viola`tor has been assessed civil penalties for anyprevious violations; or
(5) .:..whether p4yinent of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evid.ence presented in support of your request for remission must be submitted in writing.
If you chose this option, do not send in payment at this time. The Director of the Division of Air Quality
(D.AQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case statics, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee), .Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
Lir order t� request.remission, you must complete and submit the enclosed "Requesl for Remission. of Civil
.Penalties, Waiver of Right to an Adm.inisirative Hearing, and Stipulation ofFacts" form within thirty (30) days
of" reccipt of this notice. The DAQ also requests that you complete and submit the enclosed ':Juslificolion for
Remission Request " Both forms should be submitted to the following address:
Enforcement Grou11 - Remission
Department of Environment and Natural Resources
Division of Air Quality
1.641 Mail Service Center
Raleigh, North Carolina.27699-1.641

1'age 3
OR
3. rile a petition for an administrative hearing with the Office ol'Administrative Bearings:
if you wish to contest any statement in the attached assessment document you must file a petition f0r.an
administrative hearing. You may obtain the petition form f -om the Office of Administrative Hearing (OAH).
You must file the petition with the OAh1 within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative hearings during normal office hours. The OAH accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OAII. The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address for the OAH is as follows:
Office of Administrative I-learinbs
6714 Mail Service Center .
Raleigh, NC 27699-671.4
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on NCDENR as follows:
Mazy Peiuiy Thompson, General Counsel
North Carolina Department of }:environment and Natural Resotirces
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the DAQ case number, as found oii Page 1 of this letter, on your- petition to OXH.
railure-to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that are the subject of this action have not been corrected.
If you liave any questions concerning this shatter, please contact Jennifer White at (919) 733-1.477.
• Sincer ,
K h Overcash, P.E.
'Enclosures: Assessment Document
cc. Steven P. Vozzo, Supervisor Fayettevil le Regional Office
Enforcement File (DAQ 2008-1 15)

STATE Oh NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF:
THE TARA GROUP OF LUMBERTON,
INC.
FOR VIOLATION OF:
15A NCAC 2D .1.900
"OPEN BURNING"
NORTH. CAROLINA.
ENVIRONMENTAL MANAGEMENT COMMISSION
CASE NO, 2008-115
CiVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 143-215.114A, 1, B. Keith Overcash, P.E., Director of the
Division of Air Quality (DAQ), make the following:
I. FINDINGS OF 17AC'T:
A. On ].1 Januaty 2008, Mi'. Steven Vozzo ofthe Fayetteville R.egional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste Management, hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, lie had observed a large smoldering pile of materials at a
business facility that included creosote poles and other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice Ciro training. Mr. Nelms stated that the location of the burn site was at "The Tara Group of Lumberton,
Inc., 2700 NC Highway 72 West near Lumberton, Robeson County, NC. The property where the burning
occurred is owned by the Buie Land Company, Inc.
B. On .I I January 2008, Mr. Neil Joyner (FRO .DAQ) investigated this complaint. Mr. Joyner was acconipanied by
Mr. Andrew I=lammonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that included wooden utility poles, a green powdery substance,
plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw blades, metallic drum
lids, and painted lumber, The burn pile measured 39 feet by 63 feet in area. 7.'he smoke from the smoldering
wooden poles had a strong.creosote-like. odor. '.The pile was measured to. be approximately 672 feet from.a house
that appeared to be occupied.
C. On 14 January 2008, Mr. Charles Andrews, Owner, The Tara Group of Lumberton, .Inc., talked by phone to Mr.
Neil Joyner and Mr. Steven Vozzo of the .FRO DAQ, Mr. Andrews stated that he allowed the Raft Swamp
Volunteer Fire Dept, to burn the materials at his com !any's facility for fire training of new 'fire fighters. T] e
fire department had burned at tare site a couple of times previous to this burn. The pile consisted of'scrap wood
from the community that had been piled up for a training burn. Some CCA wood somehow got bumped into
the pile. His company sells the utility poles that were burned. lie also stated that his company, a construction
business, was renting the property from his father's company, Buie Land Company.
D. Olt 25 January 2008, .FRO DAQ issued The Tara Group of Lumberton, Inc. a Notice of Violation/Notice of
Recommendation of Enforcement (NOV/NR. ) for a]]owing the fire department: to burn a pile of debris. The
certified mail green card indicates receipt of'the NOV/NRE on 28 Ju anary 2008. As of the date of this
assessment, FRO DAQ has received no written response to the NOV/NRE..
E. Compliance History: No record of previous violations.
F. The costs of investigation or inspection in this matter totaled $183.00

)08-115
Based upon the above Findings of Fact, I make the following:
II, CONCLUSIONS OF LAW:
A. The Tara Group of Lumberton, Inc. was in violation of 15A NCAC 2D.1900, for causing, allowing or
permitting open burning, as reflected in Part 1, Findings of Fact, above.
B. G.S, 143-215,1 14A provides that a civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by NCGS 143-21.5.108 or who violates any regulation adopted by the
Environmental Management Coiminission.
C. G.S. 1-43-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person v✓lio violates or fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 1.43-21.5.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of'Law, I make the following;
III. D.ICISION:
The Tara Group of Lumberton, .inc. is hereby assessed a civil penalty of:
4900 `-® For one (1.) violation of.15A NCAC 2D.1900, "Opcn.Burning."
$Q�0 TOTAL CIVIL PtisNALTY, which is percent of the maximum periMlty
authorized by G.S. 143-215.1.14A.
$ 183.00 Investigation costs
ao
$� 'TOTAL AMOUNT DUE-'_
Pursuant to G.S, 143-215.114A in determining the amount of the penalty, I considered the factors listed .in G.S. 143B-
282.1(b) and 15A NCAC 21.0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the vlolatlon(s);
2) The duration and. gravity of the violation(s);
3) The effect on ground or surface water quantity or.quality or on air quality;
4) "The cost of rectifying the damage;
5) The ainount of moiley saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to eoinply with programs over which the.Environnicntal
Management Commission has regulatory authority; and
8) The cost to'tlle State of the enforcement procedures,
- Overeash, P.E., Director
711 7-
Division of Air Quality

LA O,
7 '.t7 `off V
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
11 August 2008
CERTIFIED MAIL.
RETURN RECEIPT. REQUESTED
Randall Andrews
Safety Manager
Industrial & Agricultural Chemicals, .Inc:
2042 Buie Philadelphus Road
Red Springs, NC; 28377
SUBJECT: Notice of Violation - i• ailure to Maintain Inspection and Maintenance .Records,
and
Permit Additional .Information - Battery Recycling Operation
Industrial & Agricultural Chemicals, .Inc. Permit .No. 06125R09
Red Springs, .North Carolina, Robeson County 06/78-00168
Dear Mr. Andrews:
On 31. July 2008, Steven Vozzo; Mitchell Revels, and Christy Richardson, of the Fayetteville Regional
Office, conducted an annual compliance inspection of Industrial & Agricultural Chemicals, Inc. in Red Springs, NC.
During the inspection, Mr. Revels and staff observed that records were not adequate for the bagfilter and scrubber
inspections. Also; during the inspection, we observed a small-scale trial run of the battery recycling operation foe
which the facility has submitted a permit application. Additional information will be required prior to permitting
this process. The violation and requirement for additional permit information are described below.
(1) Notice of Violation —for Failure to Maintain Inspection and Maintenance Records.
During the inspection, Mr. Andrews was not able to provide complete inspection or maintenance records .for the
bagi:ilters (ID Nos. C-1, (.'.I)-F.1B-3, C-4,-CD4,PB-2, C-5, and DA-2) and aqueous contact scrubbers (1D Nos.
I:)-3 and D-4). Specific Condition and .Limitation A.13. of Air Permit No. 06125R09 states that your facility.
shall perform periodic inspection and maintenance as required by the manufacturer for the bagfilter and scrubber
systems. The specific condition also requires that your facility perform an annual internal inspection of each
bagfilter and scrubber system. It appears that some inspections may have been done, but documentation was
limited. Since records did not indicate that annual inspections had been performed on the control devices listed
above, Industrial & Agricultural Chemicals, Inc. is in violation of this. regulation.
Additionally, other record keeping appeared not to be kept up to date. Suggestions were made to you during the
inspection conference on ways to improve your record keeping system. This office also understands that you
are preparing the .requested updated process diagram for your facility. Since much of your operation is a batch
process, records are needed on daily and even hourly production. This information will be imperative in order
to renew your air permit in the next six months.
Fayetteville Regional Office - Division of Air Quality �rOne �+
225 Green Street, Suite 714, Fayetteville, Norlh Carolina 28301-5043 1V of thiCarollna
Phone: [phone] Fax: [phone] Internet: http:itwww.ncair.org
An Equal Opportunity/Affirmative Acti6o EmployerNaturally - 50% Recycled/10% Post Consumer Paper

Industrial & Agricultural Chemicals, Inc..
Notices of Violation / PA.I --- 1 I August 2008
Page 2
(2) Permit Additional Information regarding the Alkaline Bat.tery_Rccy_clin Y Okre_ratign.
During; the inspection, atrial run of the alkaline battery recycling operation was performed. following this
observation, and after conducting further research, it appears that additional information will be required in
order to process your permit application for an alkaline battery recycling facility. This office is concerned
that all the emissions have not been evaluated. The.following items/concerns should be addressed:
® Detailed description of how your facility plans to eliminate all plastic materials prior to drying;
a Detailed process flow diagram of the battery recycling operation;
® An analysis of all emissions generated or emitted during this process (including emissions front inherent
.mercury) and toxics demonstrations if required.
® Detailed description of the emission controls your facility plans to use to control these emissions
Your permit application will remain on hold until you and your consultant address the additional concerns
and submit a completed permit application. :Please note that the alkaline battery recycling operation is not on
your current air permit and should not be operated until an air permit has been issued.
Please submit a written response to this Office by 27 August 2008 as to actions taken to bring about
compliance and any additional information or description of any Mitigating circumstances in reference to the
violation. The response should outline steps that you plan to take or have taken. to return to compliance. As stated
above, your permit application for a battery recycling facility will not be processed until a complete permit
application, addressing the additional items of concern, is submitted.
As stated. in the "subject" above, this letter represents a Notice of Violation for the recordkeeping issues
observed on 31. July 2008. The above violation and any future violation of an. air duality regulation are subject
to the assessment of civil penalties as per North Carolina General Statute 143-21.5.114A. This General Statute
provides that civil penalties of not more .than twenty-five thousand ($25,000) may be assessed against any
person who violates any classification, standard, or limitation established pursuant to General Statute 143-
215.107, "Air Quality Standards and Classifications." In addition, each day of continuing violation after written
notification from the Division of Air Quality shall be considered a separate offense. In addition; please refer to
the enclosed Pollution Prevention/Small Business insert for further information if you need assistance.
The Division strongly recommends that you carefully examine your current permit stipulations and request
explanation from this Office as necessary. We appreciate your prompt attention to these matters. if you have any
questions regarding this matter or if we can provide any additional information or assistance, please call Christy
Richardson, Environmental I'sngineer, at (9.10) 433-3377, or me at [phone].
Sincerely,
r �-
Steven % . Vozzo
Regional Air Quality Supervisor
Erielosure — Pollution Prevention Brochure . .
SFV%ctr
cc: DAQ Central Tiles
FRO County Files

3: 04
9197153605
CERTIFIEi) MAIL .
RETURN RECEIPT -REQUESTED
Mr. Randall F- Andrews
2042 Buie Phil Road
Red Springs, NC 28377
Dear Mr. M.drews:
11 RUM
�' Ir
NCDENK
January 29, 2009
PAGE 02/06
;�—A,J F i
D W P/)
IMMEDIATE ACTYON
NOTICE OF VIOkTION
Docket ## 2008-039
On Decernber 18, 1980, the State of North Carolina, Hazardous Waste Section (Section) was
authorized to operate the State Resource Conservation and Recovery Act (RCRA) Hazardous
Waste Program under the Solid Waste Management Act (Act), N.C.G.S. 130A, Articla 9 and
rules promulgated thereto at 15A NCAC 13A (Rules), in lieu of the federal RCRA program;
On January 10, 2008, Mr. Bobby Nelms, Environmental Senior Specialist, with this office,
conducted an investigation at the TARA Group office and grounds. The property is locate I at
2700 NC Highway 72 West in Lumberton, North Carolina. The January 10, 2008 investig ation
was conducted in response to a complaint alleging the improper disposal of chemicals at fie
property.
Statement of Facq Related to Res ondenVs Mana 2xnent of Hazardous Wastu
The January 10, 2008 investigation revealed that the land behind the TARA shop was uses L for
the training of sand and that various types of material had been dumped on the site. There were
two distinct areas of concern.
The first area, which. was closest to the office, had been used to dump caustic soda sludge and
gypsum. According to Mr. Randall. F. Andrews, owner of the property, the material was p laced
there temporarily until it could be mixed together as a ,fertilizer to be applied to the land. j kt the
time of this investigation it was apparent that the material had been wet, but not liquid, wh m
placed in this location. This material. gill be mixed and used as a fertilizer on. the Land as
discussed during our meeting.
The area of primary concern was located, back further behind the office area. This arcs hac [ been
used to burn pallets for, the local, fire department to practice extinguishing. The debris pile
contained burned remains of creosote poles and metal from unidentified sources. Addition ally,
near the burned creosote poles, there were areas of ash which appeared green in color. The green
16j -:iti.F?r�i!c.- i_.='i11F'J..r;;,),r.ij��� I•�Of�ll �1�1':;lil;�: �� li���:i-ik5���::•
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11/18/2009 15:04 9197153605 DWM
color of this ash indicates that there is potential of contamination fzom burned CCA treat,;d.
poles. During a later conversation with Mr. Andrews, he stated that the poles had been
purchased and had been burned accidentally.
Statutory and Regulatory Background
A. 40 CFR 261.1(a), adopted by reference at 15A NCAC 13A .0106(a), identifies those solid
wastes which are subject to regulations as hazardous wastes under Parts 262 through 265
and Parts 270, 271, and 124 of this Chapter and which are subject to the notification.
requirements of Section 3010 of RCRA.
H. 40 CFR 261.2(b), adopted by reference at 15A NCAC 13A .0106(a), states that riaterials
are solid waste if they are abandoned by being (1) disposed of; or (2] blmed or
incinerated; or (31 accumulated, stored, or treated (hat not recycled) before or u L lieu of
being abandoned by being disposed of, burned, or incinerated.
C. 40 CFR 261.3(a), adopted by reference at l 5A NCAC 13A .0106(a), states that a., solid
waste, as defined in Section 261.2 is a hazardous waste if -
It is .not excluded from regulation as a hazardous waste under Section 261.4(b);
and
2. Tt meets any of the following criteria:
i. It exhibits the characteristics of hazardous waste identified in Subp art C.
ii. it is listed in Subpart D and has not been excluded from the lists in
Subpart D under Sections 260.20, and 260.22 of this chapter.
iii_ It is a mixture of solid waste and hazardous waste that is listed .in S xbpart
D solely because it exhibits one or more of the characteristics of hazardous
waste identified in Subpart C, unless the resultant mixture no longer
exhibits any characteristic of hazardous waste identified in Subpart C.
iv. It is a mixture of solid waste and one or more bazardous wastes l isted in
Subpart D and had not been excluded from this paragraph under Sections
260.20 and 260.22 of this chapter.
D. NCGS 130A-290(6), defines "Disposal" as the discharge, deposit, injection, di rasping,
spilling, leaking or placing of any solid waste into or on any land or water so ghat the
solid -waste or anyconstituent part of the solid waste tray enter the environmelit or be
emitted into the air or discharged into any waters, including groundwater.
F,. 40 CFR. 124.2, adopted by re.fereuce at 15A NCAC 13A .0105(a) defines "OW nee' or
"Operator" as the owner or operator of any "..facility or activity" subject to regulation
under the RC1tA program.

5:04 9197153605
KR.P
PAGE 04/06
F. NCGS 130A-290(22), defines "Person" as an .individual, corporation, company,
association, partnership, unit of local government, State agency, federal agency or otber
legal entity.
G_ NCGS 130A.-290(41), defines "Storage" as the containment of solid waste, either on a
temporary basis or for a period of years, in a manner which does not constitute di: posal.
H. 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b), defines a "genezator" as
°`any person, by site, whose act or process produces hazardous waste identified . )r listed
in part 261 or whose act first causes a bazardous waste to become subject to regi elation."
The EPA has long recognized that, in the event of a. violation of RCRA and. the h- zardous
waste rules, "co -generators" of, bazardous waste can -be jointly and severally liable for
improper management of hazardous waste. 45 FR 72024, 72026 (October 30, 19f 0).
Violations ReauitiEng Immediate Action
I. It is the determination of the Section that the bum pile residue located at the TAR 4 Group
property in Lumberton, North Carolina constitutes storage and disposal of solid/bz zardous
waste subject to all applicable requirements of 40 CFR Part 26.1 through Part 265 and
Part 270, incorporated by reference in 15A NCAC 13A .0106 -- .0110 and .0113.
Specifically, for the burned residue on said property:
1. 40 CFR 26111, adopted by reference at 15A NCAC 13A .01,07(a), requires that a
Person who generates a solid waste, as defined in 40 CFR 261.2, must de ten -nine
if the waste is a hazardous waste using; the following method,
a. He should first determine if the waste is excluded from regulatio ]t under
40 CFR 261.4.
b. He must then determine if the waste is listed as a hazardous waste i a
Subpart D of 40 CFR Part 261.
C. If the waste is not listed as a .hazardous waste in Subpart D of 40 C PR Part
261, he must determine whether the waste is identified in Subpart � :� of 40
CFR Part 261 by either.
i. Testing the waste according to the methods set forth in Su apart C
of 40 CFR Part 261, or according to an equivalent method
approved. by the Administrator under 40 CFR 260.21; or
ii. Applying knowledge of the hazard characteristic of the a rite in
light of the materials or the processes used_
Randall F. Andrews, is in violation of 40 CFR 262.11, adopted by reference at 15A
NCAC 13A .0107(a), in that a solid waste was generated on the property as defined in 40
CFR 261.2 and a determination was not made by the generator whether that waste: was a
hazardous waste.

11/18/2008 15:04 9197153605 DWM
2. 15A NCAC 13A .0109(a), requires that any person who treats, stores, or dispose;; of
hazardous waste shall comply with the requirements set forth in this section. Th(;
treatment, storage or disposal of hazardous waste is prohibited except as provider 1 in 40
CFR Parts 264 and 265, adopted by reference in 15A NCAC .13A .0109 -- .0110.
Randall F. Andrews is in violation of 15A, NCAC 13A .0109(a), in that hazardcus waste
has potentially been, stored and disposed without complying with the requirer rents set
forth in 40 CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 and
.0110.
COMPLIANCE SCHEDULE
Within 30 days from receipt of this notice, Randall F, Andrews shall comply with the following
requirements:
1. Comply with 40 CFR 262.11, adopted by reference at 15.A, NCAC 13A .0107(a). An
immediate determination of hazardous characteristics must be completed for all areas of
the bum pile which potentially could contain contamination.
2. Comply with 40 CFR 262.12, adopted by reference at 15A NCAC 13A .0107(a). Prior to
shipment of any hazardous waste, an EPA Identification Number must be obviined for
this site. You may contact Mr. Jim Edwards with. this office at [phone] to make
provisions for obtaining the I.D. number.
3. Comply with 15A NCAC 13A .0109(a). Randall F. Andrews shall no longer store or
dispose of hazardous waste without full compliance with this section. Pending shipment
of hazardous waste for proper disposal, Randall F. Andrews, must comply with 40 Cl~l2.
262.34(a), adopted by reference at 15A NCAC 13A .0107(c), which states that:
a. If the waste is placed in containers the generator must comply with Subpart I of
40 CFR Part 265 or if the waste is placed iu tanks, the generator .must comply
with Subpart J of 40 CFR Part 265, except 265.197(c) and 265.200. No waste
piles are allowed.
b. The date upon which each period of accumulation begins must be clearly marked
and visible for inspection on each container.
C. While being accumulated on -site, each container and tank must be labeled or
marked el early with the words, "Hazardous Waste"; and
d. The generator must comply with the requirements for owners or opal-ators in
Subparts C and D in 40 CFR Part 265, Section 265.16 and 268.7(a)(4).

04 9197153605 DWM PAGE 06/06
]Potential Consequences of Failure to GamVN
You must comply with each requirement of this Immediate Action Notice of Violation.
(I.ANOV); however, compliance will not divest the Section of its authority to ssue an
administrative penalty for the violations cited in this IANOV and additional violations c ited in a
subsequent Compliance Order with Administrative Penalty. In accordance with NCG3 130A-
22(a), the penalty shall not exceed thirty-two thousand Ove hundred dollars ($32,500.00;, per day
in the case of a first violation. Each day of a continuing violation shall constitute a separate
violation.
Pursuant to NCGS .130A-18, a violation of any provision of the Act or the Rules may also result
in the Section initiating an action for injut dive relief. If an injunction is obtained, you v ill be
subject to both the civil and criminal contempt powers of the North Carolina General. COTIrts of
Justice.
If you should have questions concerning the issuance of this IANOV, you may contact
Mr. Bobby Nelms at (91.0) 602-3329.
Sincerely,
z
Eeth W. Cannon, Chief
Hazardous Waste Section
cc: Central Files
Mike Williford,
Bobby Nelms
blarvi Cooper

11/18/2008 15:04 9197153605 DWM
Fax Corer Sheet
DENA?
Division of Waste Management
Hazardous Waste Section
Compliance Branch
TO:
FAX #:
FROM:
mod-i
TELEPHONE #: h�FS' I _
Number of sheets
COMMENTS:

,"V
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P,E,, Director
25 ;fauilary 2008
QUITIh.I.ri) MAIL
RETURN RECEIPT RrOUi S':C 11)
Mr. Charles Andrews, Owner / Registered Ageut
The Tara Group of Lumberton, Inc.
2700 NC Highway 72 West
.Lumberton, NC: 28360
SUBJECT, Notice of Violat.iou/Notice o.f.Recommeodation for Enforeetueut: Opetz :Burning
The Tara Group of Lurirbertoi:i, bic,
Lumberton, NC, Robeson County 6/72-00000
Dear Mr. Andrews:
On I 1 January 2008, Neil Joyner, of this Office, investigated a complaint lodged against you, by
the NC I:)ivision of Waste Management (NCDWM), for open burning of creosol poles, construction
debris, and alter industrial waste on your business property at 2700 NC Highway 72 West near
I..urrtberton, IZ-obeson County, NC. Mr. Andrew Ilammonds of'tlie NCDW:M accompanied Mr. Joyner oil
this hivest:igation. '.NC T-hazardous Waste Section had earlier investigated this complaint 10 January 200-8.
Upon arrival, Mr. Joyner observed an open burning pile of materials that: icicluded wooden poles, a green
powdery substance, plywood, wooden boards, nails, metallic bar.id.ing, metallic filter, tree stumps, metal
parts, saw blades, metallic drum lids, and painted lumber. Mr. Joyner also observed evidenee of'previous
burning oil the property. Mr, Joyner spoke with you by phone with your fattier, Mr. I.Zandall. Andrews,
owner of Buie Land. Company and Industrial. and Agricultural Cheiiiicals. He stated .he owned the
property where the observed materials were busied, but your company rented thus property md. you had
coordiriat:ed this burning with the local fire department.
On 11 January 2008, Mr. Joyner was told at the front office of: your facility that you were out of
town at tl:re f.imc. Orr 14 January 2008, Mr. Joyner and I spoke with you by phone arid you stated that
your cowpauy had recently allowed the Itafl- Swamp hire :Department: to burn the observed pile of
materials for a fire training exercise on this property that you wore renting. You stated that your father,
Randall Andrews, dumped much of this taiaterial from his other businesses and you were not able to
provide detailed inforrnatiori for what you allowed the fire depa.rtmew to burn. You also stated thatt the
fire department had previously burned at the site. Mr. Joyner had left a copy of the NC Open T3briiing
regulations for you at: your facility and during the conversation, T explained to you front them why this
burn was not allowed. This burii is considered a waste disposal burr). Also be advised that burning a pile
of derriolislied materials is not allowed for fire training, '.Phis letter is to officially niforni yolr tlta.t to
hermit, allow, or cause such open burning is a violation of North Carolina Adiniiiistrative Code 1.5A 21)
.1900, "Open 13urrring." Please review the enclosed brochure and insert expl.ainirig this regulation befOrC
coriduct.ing any futr.ue open burning. If you have any questions, please call. this Office at [phone].
Fayetteville Regional Office - Division of Air Quality. One, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 Nohinh.Caroli:na
Main Phone: [phone] DAQ Fax: [phone] l Internet: hltp://www.nrair.org ry%
An Equal Opportunity/Affirmative Action Employer - 50% Recycletl110% Post Consumer Paper Nalitrully

NOWNREJ --The Tara Jup of Lumberton, 1
25 Jamiary 2C
Pag
You are requested to find a legal method for tale disposal of these wastes. Additional information
concerning solid waste disposal can be obtained fi•oln a Division of Waste M.aua.gement Specialist at
[phone]. In addition, please refer to the enclosed Pollution Prevention/Small Business insert for
further information if you need assistance.
l.n some cases, people }lave obtained burn permits .from the NC Forest Service and have then
conducted open burnings in violation of othci' state and local laws. Please Mote that in abnost all cases on
the back of the NC Forest Service permit are. the NC Air Quality regulations and that their burn permit
indicates you must abide by our rules as well as theirs, .Please. also realize that various counties,
townships, and/or fire departments have their own J;egul.atioils in addition to the various State burning
regulations. 1?rior to Uurtiin.g,.y_gu_are required_t_oconsider all th.ese_regula.tions and to make certain you
arc nle Lc _g i le most testrictrve t;egul it.i.an(s).
As stated in tale "subject" above, this letter represents not only a Notice of Violation for the opell
bill'rling investigated oi'l .11 .lanllary 2008, bl)t puts you oil notice that this office is preparing an
ellforcenlent report addressing t:ile violation observed. The above violation and any future violation of all
air quality regulation are subject to the assessment of civil Penalties as per North Carolina General Statute
1.43 21 S.1.14i1. `]'ills (general Statute provides that civil penalties of )lot: more t:hall twenty live tholls,-111 d
dollars ($25,000) may be assessed against any person who violates any classification, standard, or.
Jimitation established pursuai.t to General Sta.tutc 143-215.107, "Air Quality Standards and
Classif:ications." In add.it.ion, each. day of continuing violation after written notification from the Division
of Air Quality shall be considered a separate offense.
Please submit a written response to this office by S February 2008, as to actions taken to bring
about compliance and any additional information or description of atiy mitigating circumstances that you
believe should affect the outcome of the enforcement evaluation. ]',lease provide all exact list of
materials, .end an approximate duautity, that you placed ill this area. Include the source 10 -each
of the materials. After the above date, ill lieu of' any illitlgating circumstances brouglrt to our attention,
this oflicc will submit the enforcement report to the IDirector of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that neither this
letter, nor any subsequent action, absolve you from responsibility for any violation or damage to public or
private property or fl•oni ally enforcement action available to this agency.
We appreciate your immediate attention to this environmental concern, if you have any
questions, Please call Neil .loyi.er, .Enviromllental Specialist, or :Robert Hayden,I;nviroinnental Engineer,
at [phone].
S J�TI�eJ'G' ly,
"56veil F. VOZZO I
Regioita.l Air Quality Supervisor
Fayetteville Regional Office
Sit` V\caj
attachments - 013, Brochure, OB Jnsert, and P2 luscA
cc: (w/o attachment)
FRO Enforcement )Niles
F1t0 Complaint Piles
1v1r. Andrew llami-rionds, NCDWM SW FRO
Mr. Bobby Nelms, NCDWM.Hazardous Waste
Donnie I:31.ackburn, President, Raft Swainp Voluliteer fire Department

I
N Complete Items 1,; 2, and 3. Also complete A. Si Iyat
Item 4 If Restricted,Nlivery is X desired; , ❑ Agent
f9 Print your name and address on the reverse El Addressee .
so that.we can return the card to you. 6 Rec Ived by (Pn' ,led' ape C. Da•�te of Delivery
I8 Attach this card to the back of the mallpiece, ti Q-V� r- of �,k,
or on the front if space permits. '
D. Is delivery address differentfrorn item l? 0 Yes
1. Article Addressed to: If YES, -.enter delivery address below: ❑ No
M*R CHARLI S A.NDRLWS
THE TARA GROUP OF LUMB
2700 NC HWY 72 WBST - 3. Service Type
LUMBERTON NC 28360 Certif led Mail ❑ Express Mail
Registered ❑ Retum Receipt for Merchandise
[J Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number `-7ggy c57,0. Oggq bb82 6556
(Transfer from service label)
PS Form'3811, February 2004. ; Domestic Return Receipt
102595-02-M-1540

D
NC®ENR
North Carolina Department of Environment and Natural Resources
MDivision of Air Qualityichael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
25 January 2008
C ERTII{ IT D MAIL,
.Rlt TURN RI+,C.EII'T RTOUTS'I'I:D
Mr. Randall Andrews, Owner and Registered Agent
Buie Land Company, bic.
2700 NC 1=lighway 72 West
Lumberton, North Carolio.a 28360
SUl3J:G;C'I': Notice of Violation/Notice of I2ecoinmend:ition for li;nforcement: Open 13u1-ning
- Buie Land Colrlpauy, Inc.
Iildustriai & .A.gricult.u.ral Chemicals, Inc.
Lumberton, NC, Robeson County 6/72-00000
Dear Mr. Andrews,
On I 1 January 2008, Neil Joyrier, of this Office, investigated a conaplainl lodged against you, by
the NC Division of Waste Mauagenl.eat (NCI)WM), for open burning of creosol pules, construction
debris, and other industrial waste an your bl.iSlneSS property at 2700 NC Highway 72 West near
Lumberton, Robeson County, N"C. Mr. Andrew%Iamrilouds of theNCDW:[M accompanied Mr. Joyner on
this investigation. NC 1.1azardous Waste Seetion lead earlier investigated this corrililaint 1.0 January 2008.
Upon arrival, Mr. Joyner observed ail open burning pile of materials that hicluded wooden poles, it green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stulrips, metal
parts, saw blades, metallic drum lids, and pai.uted lumber. Mr..Ioyrier also observed evidence of previous
burning on the property. Mr. Joyner spoke with you by phorie and you stated that your company, Buie
hand Company, owned the property where the observed materials were burned. You stated that you
understood that the fire dept. had recently burned tile, observed materials as a trailli.ng exercise on the
property. You stated that your son, CJla.rtes Andrews, was coordinating this burl"lirlg with the lire"
departrimiit. Mr. Joyner left a copy of the Open B11.1-11ing regulations for you at the facility, office and
during the conversatlorl, lie explained frorn them wily this burn was not allowed.
On 14 January 2008, I spoke by phone with your son, Mr. Charles Andrews, of The Tara Group
of Lutribertou, Inc. alld lie stated t-bat his company was rentnlg this land from you. l4e. stated that his
company had recently allowed the Raft Swamp, Fire Departinelit to burn the observed pile o.f materials as
a fire training exercise on the property. He also stated ihat the fire departmelit lead burned at the site
previously. Additioually, he stated that he did not know exactly all the waste materials you had brought
to this pile from your other business, Industrial & Agricultural Chcnl.icals, Iuc: Be advised that burning a
pile of demolished materials is not allowed tb.r fire training arid. is considered to be waste disposal.
This letter is to officially ill'forfri you that to peljj pit, allow, or cause such opeii burning is a
violation of .North Carolina A(laiiiilstrative Code 15A 2D .1900; "Open Burnl'llg." Please review tile,
Fayetteville Regional Office -- Division of Air Quality 011C
225 Green Street, Suite 714, Fayetteville, Noith Carolina 28301.5043 No:hthCaro_ -IMI
Main Phone: [phone]DAQ Fax: 910- Employer
1 ecyced hltpaPost ncair.org
An Equal OpporlunilylAftinnative Action Employer — 50% RecycleJ110% Post Consumer Paper

NOV/NRE" — _- _Lie Land Company, Il
25 January 20
Page
enclosed brochure and insert explaining this regulation before conducting any fixture open burning. If you
have any questions, please call this Office at [phone]. You are requested to find a legal method
for the disposal of these wastes. Additional information, concerning solid waste disposal can be obtained
from it Division of Waste Management Specialist at [phone]. In addition, please refer to the
enclosed Pollutioal .Prevention/Sllla.11 Business insert for further ill:fortilation if you need assistance. .
In some cases, people have Obtained Bunt PerruitS from the NC Forest Service arad have then
conducted open burnings in violation of other state and local laws. Please ]rote that in. almost all cases on
the back of the NC Forest Service permit are the NC Air Quality regulations and that their- burn permit
indicates you mast abide by our rules as well as theirs. Please also realize that various counties,
townships, alld/or fire departments have their own regulations in addition to the various State burning
regulations. Prior to burnigg,_You at_e re_duiredLc)_.cQnsider all these i-yulations and_to make ce.Ifi�lin_.you
arc meetim)—, the Enost:_restrictive regulation.(,
As stated in the "subject" above, this letter represents not only a Notice of V iolation for the open
burning invest.i.gated on f 1 aanuary 2008, but puts you on notice ghat this office is preparing atl
enforcement report addressitlg the violation observed. The above violation and ally future violation of ail
ai.r quality regulation are subject to the assessment of civil penalties as per North Carolina General Statute
143-215.1 I4A. -[.'his General Statute provides that: civil pewiltles of not more than twenty five thousand
dollars ($25,000) may be assessed against any }person. who violates any classification, standard, or
limitation established pursuant to General Statute 1.43-215.107, "Air Quality Standards and
Classifications." fit addition, each Clay of continuing violation after written notification from the .D ision
of Air Quality shall be considered a separal:e offense.
Please submit a written response to this office by 8.February 2008, as to actions taken to bring
about compliance and any additional information or description of ally mitigating circmllstallceS that you
believe should affect the outcome of the enforcement evaluation. Please provide an exact list of"
materials, anC1 an approximate quantity, that you placed in this area. Inelmle the source for each
of the materials. After the above date, in lieu of: any mitigating circumstances brought to our attention,
this office will submit the enforcement report to the Director of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. .Please be advised that neither this
letter, 17or any subsequent actioI1, absolve you from .responsibility for any violation of darnage to public or
private property or front ally etif.•orcement action available to this agency.
We q)preciate your immediate attention to this ellvil-onrllental concern. If you have any
questions, please call Neil Joyner, Environmental Specialist, or Robert 1.laydell, rsnv.ironnloil tit l I'mgineer,
at [phone].
S&etl F. Vozzo� ,
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV1caj
attachmeits - OD Brochure, 013 Insert, and 112 lbsert
cc: FRO Cornplaint files
Mr. Andrew .Elainnionds, NCDWM SW FRO
Mr, Bobby Nelms, N('DWM 1-hazardous Waste

* Complete Items 1,'2, and 3..Also complete
A. S I g
Item 4 If. Restricted Delivery Is desired.
7naM
0 Agent
X
* Print your'narne;and address on the reverse
, �Ip 0 Addressee
Q. ecelyed by (Printed Name)
C, Date of DellveT-y.
so that we Can return the card,to you.
* Attach . thisbard to the Oa6k of the mailpleck
or on'the front if space permits.
D. Is -delivery address different from item I? El yes
1. Article Addressed id. "
It YES, enter delivery address below: 0 No
MR RANDALL ANDREWS
BUIE LAND COMPANY INC
2700 NC HWY 72 WEST
3. Servlce Type
LUMBERTON NC 28360
Certified Mali E3 Express Mail
Registered C3 Return Receipt for Merchandise
❑ Insured Mail El C.O.D.
4. Restricted Delivery? (Extra Fee) 11 yes
2. Article Number*
()?aqsfer f�orn service label} 7.9-01-.2.5-1.0--.0 0.-0 9.
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

AFT
WDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Waste Management
Dexter R Matthews, Director
January 16, 2008
CERTIFIED MAIL
Return Receipt Requested
70012510 0006 9499 5211
Randall Andrews, President
Buie Land Company, Inc.
2700 NC Hwy 72 West
Lumberton, North Carolina 28360
William G. Ross Jr., Secretary
Subject: Notice of Violation
Robeson County, North Carolina
IS780801
Non -Facility
Dear Mr. Andrews:
Pursuant to North Carolina General Statue's 130A-22(a) and to 15A North Carolina Administrative
Code 13B, you are hereby informed that you are operating a non -conforming solid waste disposal site/open
dump on your property located on Melvin Lane in Lumberton, Robeson County, North Carolina.
On January 11, 2008, Neil Joyner with the Division of Air Quality and I inspected a non -conforming
solid waste disposal site on your property located behind Tara Groups office at 2700 NC Hwy 72, Lumberton
in Robeson County, North Carolina PIN 937360821900. The inspection revealed an area of open burning that
was still smoldering with mixed waste streams. Adjacent to this area was a Ioad of construction waste
consisting of plastic pipes, metal, plywood, concrete and other types of waste. There were several piles of
waste that consisted of concrete with rebar, asphalt, concrete mixed with metal and soil and two large piles of
charred debris and soil. Also noted at this time were 7-10 loads of bottom ash as described by you that you are
planning to experiment with in various applications? The open dumping of solid waste on your property
constitutes a violation of the North Carolina Solid Waste Management Rules, codified at 15A NC
Administrative Code 13B; specifically:
15A N.C. Administrative Code 13B .0201(a) states that "no person shall establish, or allow to be
established on his land a solid waste manamement facility, or otherwise treat, store, or dispose of solid
waste unless a permit for this facil tv has been obtained from the Division of Waste Management."
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 One
Phone: [phone] FAX: [phone] Internet: http://Wastenot.enr.state.nc.us NofthCarolina
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturally

Page 2
January 16, 2008
You are in violation of section 13B .0201(a) in that a solid waste management facility has been established on
your land without a permit from the Division of Waste Management.
Based on the foregoing, discontinue all dumping operations on your property and within 15 days
of receipt of this notice comply with 15A NCAC 13B .0502 Open Dumps by taking the following actions.
1. Remove and properly dispose of all of the waste that is on your property.
2. Remove and properly dispose of the coal ash that has been dumped on the property.
3. Ensure that all waste is removed from the site and transported to a facility permitted to
accept the waste.
4. Do not burn or bury any of the waste. In addition, documentation that will indicate
the waste has been properly disposed of will be required to resolve this Notice of
Violation. _Please mail receipts to the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, Drew Hammonds, 225 Green
Street, Suite 714, Fayetteville, NC 28301.
Pursuant to N.C.G.S. 130A-22(a) and 15A N.C.A.C. 13B .0701- .0707, an administrative penalty
of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Management Laws and
Regulations.
We solicit your cooperation and would like to avoid taking further additional enforcement actions.
At the same time, it is your responsibility to comply with the requirements of the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at
(910)-433-3351.
Sincerely,
Drew Hammonds
Environmental Senior Specialist
Solid Waste Section
Regional Representative
Cc: Mark Poindexter, Field Operations Branch Head
Dennis Shackelford, Eastern Area Supervisor
Amy Kadrie, Compliance Officer
Neil Joyner, Division of Air Quality
Steve Edge, Robeson County Solid Waste Director

S� g`o t
�✓ l�
NC DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
ACTIVITY REPORT
Date: 10 January2008 Report By: Bobby Nelms No: 036
Subject: Randall Andrews Property
Location: 2700 NC Highway 72 West
City: Lumberton, NC Zip: 28360 County: Robeson
Contact Person: Randall Andrews Tel#: [phone]
Reason for visit: Complaint Investigation
REPORT:
On this date, I visited the referenced site to investigate a compliant referred to me by
SWS personnel in the Fayetteville Regional Office. The complaint alleged that waste
material had been illegally dumped on property behind the TARA Group facility located
at the address above.
Upon arrival at the site, I spoke to Ms. Denis Andrews who gave me permission to walk
over the property. I found two distinct areas of concern and began to photograph these
areas when Mr. Randall Andrews, owner, arrived. Mr. Andrews and I had met before so
my introduction was merely a formality. I explained my reason for being there, and
asked him to show me around.
Mr. Andrews showed me an area which he had used to dump caustic soda sludge from
tank bottoms and Gypsum. He explained that he intended to mix the material and use it
as a fertilizer on his property. He stated that the material was not liquid when it was
dumped on the site and the appearance of the site seemed to indicate the accuracy of his
claim.
A separate area, and likely the area of most concern, was a burn pile located further back
from the office building. This area had been used to bum debris, including creosote
poles, for the purpose of allowing the local fire department an opportunity to practice
extinguishing large fires. There were areas of green ash which concerned me since there
was the possibility of CCA treated poles having been burned_ If there were, in fact
treated poles there, they bad been completely consumed in the fire.
I discussed the areas and my concerns with Mr. Andrews who was very compliant and
willing to take care of whatever needed to be done in order to resolve the issues. I
explained the he would be receiving an Immediate Action NOV from the Section at a
later date and that he would need to comply with the requirements spelled out within the

letter. I also explained my duty and intention to report the matter to the DAQ and to the
SWS. Mr. Andrews understood and thanked me for my time.
An IANOV will follow this report and a follow up visit will be conducted at a later date.
Activity type: Complaint

yy�„"�
ANA VO V
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P. E,, Director
I March 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Randall Andrews, President
Industrial & Agricultural Chemicals, Inc.
2042 Buie Phil Road
Red Springs, NC 28377
SUBJECT: Notice of Violation —Reporting
.Industrial & Agricultural Chemicals, Inc. Permit No. 06125R09
Red Springs, North Carolina, Robeson County 06/78-00168
Dear Mr. Andrews:
Your current air permit, identified above, includes at least I (one) stipulation requiring that a report
be sent to this Office, no later than 30 January 2005. Your facility failed to comply with this requirement. If
you have not already done -so, - )lease provide this Office with the reports within 1 0 (tcn) days of receipt of
this letter. Once the report(s) ae received in pur Office, a compliance determination, based upon the conieiit
of the report( shall be made If it is determined durin ., t� his review that your facility is/was not operating in
coma_liance an additional Notice of Violation or, depending on the type of violation and severity, a Notice of
Violation/Notice of Recommendation for Enforcement shall be issued to your facility.
As stated in the "subject" above, this letter represents a Notice of Violation for failure to submit a
required report by the deadline specified in your airpermit. This General Statute provides that civil penalties
of not more than ten thousand ($10,000) maybe assessed against any person who violates any classification,
standard, or limitation established pursuant to General Statute 143-215.107, Air Quality Standards and
Classifications.
The Division strongly recommends that you carefully examine your current permit stipulations and
request explanation from this Office as necessary. If you have any questions regarding this matter, please call
Mitchell Revels, Environmental Chemist, at.[phone].
Sincerely,
Steven F. Vozzo
Regional Air Quality Supervisor
cc: DAQ Central riles
FRO County Files
Fayetteville Regional Office —Division ofAir Quality title
226 Green Streel, Suite714, Fayetteville, North Carolina 28301-5043 (� h�aTolxiAa
Phone: 910ABO.15411 Fax: [phone] l Internet: htlpWwww,rcair.org
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is. Complete items 1, 2, and S. Also complete
item 4 if Restricted Delivery is desired.
1m Print your name and address on the reverse
so. that we can return the card to you.
W Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
M.R. RANI)ALL ANDRREMS
INDUSTRIAL & AGRICULTURAL
204213UIE PHI:L ROAD
RED SPRINGS NC 28377
2. Article Number
(Transfar from service label)
PS Form 3811, March 2001
by (Please Print Clearly) B. Date of Delivery
❑ Agent -
�_/`QAddressee
D. Is delivery address dferent from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3, Service Type
3 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D. _
4. Restricted Delivery? (Extra Fee) ❑ Yes
7001 2510 0003 8090 2356
Domestic Return Receipt
102595-01-M-1424
i

f,,,...
N(?rth Carolina
Department of ]1J><nviron-menit and Natural Resources
Michael F. ]Easley, Governor
William G. Ross .fir., Secretary.
James D. Simons, P.G.; P.E.
Director and State Geologist
NOTICE OF DEFICIENCY
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REOUES'fE1)
7001 2510 0000 6682 0486 .
Buie Land Company, Inc.
Attn: Randall Andrews
2042 Bui.c-Philadelphus Road
Red Springs, NC 28377-
A&44
". N's C. DER J1,1
Division of Land Resources yy
RE: Notice of Deficiency, `Para Mine
Permit Number: 78-29
Robeson County, North Carolina
River Basin.: LUMBER
Dear. Randall or Charlie Andrews:
On 11 /24/2008, an inspection of the subject mine was performed by Eric
Matuszewski, Sally McKinney, and Lvangelyn Lowery -Jacobs of this office.
Deficiencies were observed that require your prompt. attention..
The deficiencyies discovered and -the necessary corrective actions are as follows:
1. 005 — All mining boundaries (6.12 acres) shall be permanetitly marked at the
site on 100, foot intervals unless the line of sight allows f6r.larger spacing
intervals.
Mining boundary markers were not visible at the time of the inspection.
2. OC4.13: All drainage from the. affected area around the mine excavation shall.
be. diverted internal to said excavation.
The minepit drains: into an open -ditch and is. discharged into an off -site body
of .water.
Land Quality Section [phone] FaLc [phone]
225 Green Street, Suite 7141 Systel Building, Fayetteville, North Carolina 28301-5043
AN 1. QUAL 01111OR'I'LINPPY \ AFFIIZMATIVE ACTION EMPLOYER — 50% R13CYCLED / 10% POST CONSUMER I'APIiR

78-29
Tara Mine
3. OC8:.Berms shall be constructed or vegetation in the form of evergreens
and/or red tips shall be planted. along the entire property line that parallels NC
Hwy 72 around the property line that parallels the existing soil access road for
a minimum of 250 feet. Said berms shall be a minimum of six feet in height
with sideslopes that maintain adequate vegetation. Said trees shall be planted
on six foot staggered spacings and shall be a mi.nimurn height of four feet.
The berm does not extend along the entire property line that parallels NC Hwy
72 or the property line that parallels the existing soil access road.
4. OC10A --No on -site disposal of refuse or other solid waste that is generated
outside of the mining permit area shall be allowed within the boundaries of
the mining permit area unless authorization to conduct said disposal has. first
been obtained from both the Division of Solid Waste and'the Laild Quality
Section, Department of Environment and Natural Resources. The method. of
disposal shall be consistent with the approved reclamation plan.
Immediately remove solid waste from within the mine boundaries and dispose
of waste in a disposal facility approved by the Division of Waste
Management.
5. OC10I3: Mining refuse.as defined by G.S. 74-49 (1.4) of the Mining Act of
1971 generated on -site and Arectly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvent or their storage
containers or any other material that may be considered hazardous shall be
disposed of within the permitted area.
Multiple piles of off -site generated waste were observed during the inspection.
The piles varied in their. content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the mine boundaries and disposed
of: in facilities approved the Division Waste Management and the Division of
Hazardous Waste Management.
6. OC12: Mining refuse as defined by G.S. 74-49. (14) of the Mining Act of
1971 generated on' -site and directly associated with the raining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a.disposal facility approyed.by the Division of Waste
Management. No petroleum: products, acids, solvent or their storage
containers or any other material that .may be considered hazardous shall be
disposed of within the permitted area.
2

Multiple piles of off -site generated waste were observed during the inspection.
The piles varied in their content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
"These piles are to be removed from within the mine boundaries and disposed
of in facilities approved the Division Waste .Management and the Division. of
Hazardous Waste Management.
7. RC2D: No contaminants shall be permanently disposed of at the mine site.
On -site disposal of waste shall be in accordance with Operating Condition
Nos. 10.A.. through D.
The mining site is not in. compliance with Operating Conditions l0A and 10B,
as described in items 4 and 5 of this Notice.
If the previously described deficiencies are not corrected within 30 days following your
receipt of this Notice this matter will be referred to the Director., Division of Land
Resources/Department of Environment and Natural Resources, for issuance of a "Notice of
Violations" in an effort to secure compliance. In addition, failure to correct the deficiencies may
result in the assessment of civil penalties and/or injunctive relief against you.
Do not hesitate to contact .f:.ric Matuszewski or me at [phone] regarding any
questions you may have.
Sincerely,
M. Stephen Cook, C.P.E.S.C.
Regional Engineer
Land Quality Section
MSC1sym
Enclosure: Inspection Report
cc: Floyd Williams, PG, CPG, CPESC
Dennis Shackleford, FRO Solid Waste Management
Christy Richardson, FRO; :Division of Air Quality
3

:r
:r-
t
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME 7;aca r ,„ag 2. MINING PERMIT -t6.-1c(
3. OPERATOR
�, ItIL�scu�l �eL. n 4. COUNTY R�IQe w�M
5. ADDRESS aoa [awl& t1h�_ AJ2 tr,,, �����
6. PERMIT EXPIRATION DATE t4-141-6'1 7. RIVER BASIN
8. Person(s) contacted at site --
9. Was mine operating .at time of inspection? El' Yes 9 No 10. Pibkures? JR Yes ❑ No
11. Date last inspected: a / It / 0 8' 12. Any mining since last inspection? •❑ Yes C} No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes D< No
If no, explain:
-.11S,4 OC.
t42 YA1' IVC
o
eA , ='�
ehol en wh
14. Is the mine in ompliance with the Re amation Conditions of the Permit? ❑ Yes WNo
�
If no, explain: c•Ay d�� a
ef
3 1 arA4j4&e r .SLc nnv At
15. Did any of the above deficiencies result in offsite damage? ❑. Yes No If yes, describe the
type and severity of the damage:
no ref&-
16. Corrective measures needed and/or taken:cc
Ain
h
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/_map accurate? ❑ Yes No (Explain) ❑ Not Reviewed
&pot+ O A p
�- I
t
19. Follow-up inspection needed? WYes ❑ No -no to_"A4 ed date / t /
20. No. of additional pages of Inspection Report—, 21. Copy of Report sent to operator
(date)
INSPECTED BY: c ^ � km-cef DATE I 1 / 2ql
Telephone No: lacw
White copy to file Yellow copy to operator. Pink copy to .Mining Specialist 10197

North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor.
William G. Ross Jr., Secretary.
James D. Simons, P.G.; P.E.
Director and State Geologist
NOTICE OF DEFICIENCY
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REOUES>l'ED
7001 2510 0000 6682 0486
Buie Land Company, Inc.
Attn: Randall Andrews
2042 Buie-Philadelphus Road
Red Springs, NC 28377-
Dear Randall or Charlie Andrews:
NC.DENR ,✓tf
Division of Land Resources
„l.r°''
RE: Notice of Deficiency, `Para Mine
Permit Number: 78-29
Robeson County, North Carolina
River Basin.: LUMBER
On 11/24/2008, an inspection of the subject mine was performed by Eric
Matuszewski, Sally McKinney, and Evangelyn Lowe'ry-Jacobs of this office.
Deficiencies were observed that require your prompt. attention..
The deficiencyies discovered and -the necessary corrective actions are as follows:
1. 005 —All mining boundaries (6.12 acres) shall be perinaneiitly marked at the
site on 100.foot intervals unless tlLe line of sight allows f6r.larger. spacing
intervals.
Mining boundary markers were not visible at the time of the inspection.
2. OC4.I3: All drainage from the.'affected area around the mine excavation shall.
be, diverted internal to said excavation.
The Irvine -pit drains: into an open -ditch and is.discharged into an off site body
of .water'. .
I.,aad Quality Section [phone] Fay [phone]
225 Green Street, Suite 714/ Systel Building, Fayetteville, North Carolina 28301-5043
AN EQUAL OPPDXFUNITY 1 AFFIRMATIVE ACTION EMPLOYER — 50%RECYCLED / 10%POST CONSUMER PAPER
t

78-29
Tara Mine
3. OC8::Bernis shall be constructed or vegetation in the form of evergreens
and/or red tips shall, be planted along the entire property line that parallels NC
Hwy 72 around the property line that parallels the existing so'il access road for
a minimum of 250 feet. Said berms shall be a minimum of six feet in height
with sideslopes that maintain adequate vegetation. Said trees shall be planted
on six foot staggered spacings and shall be a minimum height of four feet.
The berm does not extend along the entire property line that parallels NC Hwy
72 or the property line that parallels the existing soil access road.
4. OC10A --No on -site disposal- of refuse or other solid waste that is generated
outside of the mining permit area shall be allowed within the boundaries of
the mining permit area unless authorization to conduct said disposal has first
been obtained from both the Division of Solid Waste and "the Uaijd Qiiality
Section, Department of Environment and Natural Resources. The method of
disposal shall be consistent with the approved reclamation plan.
Immediately remove solid waste from within the mine boundaries and dispose
of waste in a disposal facility approved by the Division of Waste
Management.
5. OC1013: Mining refuse.as defined by G.S. 74-49 (1.4) of theMining Act of
1971 generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvent or their storage
containers or any other inatQrial that may be considered hazardous shall be
disposed of within the permitted area.
Multiple piles of off=site 'generated waste were observed during the inspection.
The piles varied in their. content (cement blocks, household debris, plastic
bags, plastic gasoline dispepsers, . n unidentified white granular substance).
These piles are to be removed from within the mine boundaries acid disposed
of: in facilities approved m the Division Waste Management and the Division of
Hazardous Waste Management.
6. OC12: Mining refuse as defined by G.S. 74-49. (14) of the Mining Act of
1971 ' generated on' -site and directly associated with the inining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a.disposal facility approveci.by;the T)yision of.Waste
Management. No petroleum products, acids, solvent or their storage
containers or any other material that .may be considered hazardous shall be
disposed of within the permitted area.

78-29
XY 'Para Mine
Multiple piles of off --site generated waste were observed during the inspection.
The piles varied in their content (cement blocks, household debris, plastic
bags, plastic gasoline dispensers, an unidentified white granular substance).
These piles are to be removed from within the mine boundaries and disposed
of in facilities approved the Division Waste Management and the Division. of
Hazardous Waste Management.
7. RC21): No contaminants shall be permanently disposed of at the mine site.
On -site disposal of waste shall be in accordance with Operating Condition
Nos. 10.A. through D.
The mining site is not in. compliance with Operating Conditions l0A and 1013,
as described in iterns 4 and 5' of this Notice.
If the previously described deficiencies are not corrected. within 30 days following your
receipt of this Notice this matter will be referred to the Director., Division of Land
Resources/Department of Environment and Natural Resources, for issuance of a "Notice of
Violations" in an effort to secure compliance. In addition, failure to correct the deficiencies may
result in the assessment of civil penalties and/or injunctive relief against you.
Do not hesitate to contact .13ric Matuszewski or me at [phone] regarding any
questions you may have.
Sincerely,
M. Stephen Cook, C.P.E.S.C.
Regional Engineer
Land Quality Section
MSC\sym
Enclosure: Inspection Report
cc: Floyd Williams, PG, CPG, CPESC
Dennis Shaekleford, FRO Solid Waste Management
Christy Richardson, FRO; Division of Air Quality
3

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME T�(Y1 a 2. MINING PERMIT # -t S -Z`(
3. OPERATOR �2 Q �r� ��,, 4. COUNTY_R��Q
5. ADDRESS a o -1 a [3 r. h J1�.at�as� Ram
6, PERMIT EXPIRATION DATE 4.-V4-0`1 7. RIVER BASIN
8. Person(s) contacted at site ---
9. Was mine operating at time of inspection? ❑ Yes Yd No 10. Pibkures? XYes ❑ No
11. Date last inspected: a / 11 / 12. Any mining since last inspection? •❑ Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes D< No
If no, explain:
OC
;/ c Q i 1 �f C.
e-h �� wh
14. Is the thine in ompliance with the Rdrlamation Conditions of the :Permit? ❑ Yes WNo
If no, explain: sS i Q e `.__aAA
p qA
3� �+ ,►�,�m� ram.
15. Did any of the above deficiencies result in offsite damage? ❑. Yes No If yes, describe the
type and severity of the damage:
no .6fi-C gnr9c�nenrr�ri- tgie
16. Corfective measures needed and/or taken: 00_f M ,A f h10
l� i
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? ❑Yes No (Explain) ❑ Not Reviewed
&pot+O.$
® Cif"
-�tt�-- • re nab' f�r��l��rM `�t� r1�1�r� �.�_7 Qas�}'���
19. Follow-up inspection needed? Yes ❑ No o ►.axOA4 ed date
20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator
INSPECTED BY: c � (date)
DATE (t / !
Telephone No: S
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

{
NCDENR
North Carolina Department of Environment and Natural Resources
,a
DIVISION OF AIR QUALITY
Michael F. Easley, Governor
CERTIFIED. MAII, RETURN RECEIPT RTQIJESTEA)
7099 3400 0016 7988 5103
September 8, 2008
Mr. R.andall.Andrews, Owner
Buic Land Company, Irrc. 6c;
2700 NC Hwy 72 WestLumberton, NC 28360
SUBJEC'n Civil Penalty Assessment for Violation(s)
2D .1900 Open Burning
Pile No.: DAQ 2008-113
Violator: Buie Land Company, Inc.
County: Robeson
Dear Mr. Andrews:
William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
Q
to
PRO
z �C
This.letter transmits notice,. of civil penalty assessed against .Buie Land Company, Inc. in the -amount of
$2,000 and $183 investigative costs, for a total of $2,1.83.
Enclosed is a copy of -the assessment document explaining this penalty. This action was taken under the
authority vested.in me by the delegation pursuant to.North Carolina General Statutes (NCGS) 143-215.114A(d).
Any new or continuing violation(s) may be the subject of a new enforcement action,. including additional petialty.
You must take one of'tlie three actions outlined heloty within thirty (30) days, frail the dale of receipt of
tans letter•. Please be.advised Uiat if you f •ail to exercise one of the following options tyitlrin tliirty (30) clays,
you will lose your riglit to appearl or contest tans case rind your et4se will be forwarded to the Ad(jr•ney
Generedl v Qf ice for collection.
1. Submit payment of the penalty:
.Payment should be made directly to the order of the North Carolina Depaltment of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when stl.bmitting payment. Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of
Enforcement Group - Payment
Department of Environinent and Natural Resources
Division of Air Quality
1641 .Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1641 �T011e.t
2728 Capital Blvd., Raleigh, NC: 27604 i `I ()1-�i� %1Y �)�.11lel
Phone; [phone] / FAX: [phone] / Internet: www.ncair.org
An 13qua1 Opportunity / Affirmative Action Employer - 50% Recycled/10% PoscConsumer Paper

W. ,Andrews
September 8, 2008 i
Page,2
Please be advised, that it is the policy for NCDENR to charge and collect a processingfee, of $25.00.for
clucks on fvhich payment has been refused by the brink because of insufficient finds or because of an
invalid bank account.
OR
2. Submit a written request for remission including a detailed justification for suck request:
. Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of tale amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. B.ec'ause a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver,of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that.establishes why you
believe civil penalty should be remitted, gild submit it ip the address listed below. In determining whether a
remission request will be approved; the following factors shall be considered:
(1) whether one or more of the civil penalty: assessment factors in NCGS 143I3-282.1(b) were
wrongfully applied to the detriment ofthe violator;
{2) whether the violator promptly abated. continuing environmental damage resulting from the
violation;
(3) whether the violation Was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
If ,you chose this option, do not send in paycneut at this time. he Director of the Division of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further,
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission. .
In order to request remission, .you must complete and submit the enclosed "Request fol• Remission of Civil
Penalties, Waiver�f IZight to an Administrative Hearing, and Stipulation of Facts ",form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed '.Ius•tification for
1?einission Request." Both forms should be submitted to the following address:.
Enforcement Group.- Remission
Department of Environment and Natural Resources
Division of Aii• Quality
1641 Mail Service Center
Raleigh, North Carolina 21699-1641

Mr. Andrews
Page 3
OR
3. File a petition for an administrative lieai•ing with the Office of Administrative Hearings:
'If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative blearing (OAH).
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts
filings M:onday-through Friday between the hours of 8:00 a.m. and 5:00 p,m., except for official state holidays.
The original and one (1) copy of the petition must be filed with the OAI-1. The.petition maybe faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address for the OAH is as follows:
Office of Administrative Hearings
67.14 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on: NC.DENR as follows:
Mary Penny•Tliompson, General Counsel
North Carolina Department of Environment and Natural Resources
1601..Mail Service Centel -
Raleigh, North Carolina 27699-1.60.1
]'lease indicate the I)AQ case number, as found on 1 age 1 of this letter, on yoiir petition to OAH.
Failure to• exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed if the violations that arc the subjeet of this action have not been corrected.
If you have any questions concerning this matter, please contact Jennifer White at [phone].
Srelt
ereash,P.E.
Enclosures: Assessment Document
cc: Steven I{. Vozzo, Stipervisor Fayett6vi11e.Regional Office
Enforcement File (DAQ 2008-1.13)

S'1'A,rE OF NORTH CAROLIN/' l ,
COUNTY OF ROBE,SON
IN THE MATTER OF: NORTH CAROLINA
ENVIRONMENTAL MANNAGEMENTCOMMISSION
BUIE LAND COMPANY ) CASE NO. 2008-113
FOR VIOLATION OF: )
15A NCAC 2D .1900 )
"OPEN BURNING" ) CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 1.43-215.114A,1, B: Keith Overcash, P.E., Director of the
Division of Air Qualify (DAQ), make the following:
FINDINGS Ol" FACT
A. On I I January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received 'a complaint from Mr. Bobby Nelms ofNC Division of Waste Management, Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, he had observed a large.smoldermg pile of materials at a
business facility that included creosote poles and. other construction debris. Mr. Nelms stated that while at the
site, Inc was informed that the observed pile was created so the local fire department would have a place to
practice fire training.' Mr. Nelms stated that the location of the burn site was at The Tara Group of Lumberton,
Inc., 2700 NC Highway 72 West near Lumberton, Robeson County, NC. The Buie Land Comliany, file owns
the property where the burning occurred.
D. On 1 I January 2008, Mr. Neil Joyner (FRO DAQ) investigated this complai»i.. Mr. Joyner was accompanied by
Mr. Andrew Hammonds of the Fayetteville Regional Office of the; Division of Waste MiulagemeIl't. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that: included wooden poles similar io telephone poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw
blades, metallic drum lids, and painted lumber. The burn pile measured 39 feet by 63 feet in area. The smoke from
the observed smoldering wooden poles had a strong creosote -like odor. The pile was 672 feet from a house that
appeared to be occupied. .
C. On I I Janum-y 2008, Mr. Randall Andrews stated to .Mr. Joyner by phone that:
a. His company, Buie Land Company, owned the property at this burn site.
b. The Raft Swamp Volunteer Firc Dept. had burned the observed smoldering pile as a training exercise
on his property. I -le was not at the site during the training exercise. He understood that the fire dept.
was planning to burn unpainted wooden pallets. The pallets came from Industrial and Agricultural
Chemicals, another of his companies, located between Red Springs and Lumberton, NC.
c. He did not realize that the fire department had included 2-3 utility poles in the fire. He did not tell them
to burn the poles, but assumed that the poles were from his property. He did not notice other materials
in the pile besides wooden pallets until yesterday.
D. .On 25 January 2008, FRO DAQ issued Buie Lq.nd Company a Notice of Violation/Notice of Recommendation
of Laiforcement (NOV/NRE) for allowing the fire department to burn a pile of debris.

Buie Land Company, Iiic.
'DAQ Case No, 2008-113
Page 2
E. On 8 February 2008, PRO DAQ received a written response to the NOWNRE from Mr. Randall Andrews of
Buie Land Company. He stated that he did not know that there was any regulation against burning wooden
pallets. Ile stated that had he known this, lie would never have asked the Raft Swamp Fire Dept: to.use them in
a training exercise. Mr. Andrews failed to provide FPW with the requested information regarding materials in
the fire and thoir origins
1'. Compliance History: No record of previous violations.
The costs of investigation or inspection in this matter totaled $183.00.
LI. CONCLUSIONS OF LAW:
A. Buie Land Company was in violation of 15A NCAC 2D.1900, for causing, allowing or permitting open
burning, as reflected in Part I, F indiiigs of Fact, above.
B. G.S. 143-215.11.4A provides that a. civil penalty of not more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the tams, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the above Findings of Fact and Conclusions of Law, .l make the following:
M. DECISION:
Buie'Land Company is hereby assessed a civil penalty of:
$ &00 For one (1) violation of 15A NCAC 2D.1900, "Open Burning."
$ 000
$ 183.00
TOTAL CIVIL, :PENALTY, which is _ a percent: Of the Maximum penalty
authorized.by U.S. 143-2.15.114A.
Investigation costs
TOTAL AMOUNT DUE

Buie -Land Company
DAQ Case No. 113
Page 3
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed in G.S. 14313-
282.1(b) and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting; from the violation(s);
2) The duration and gravity of the violation(s);
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost: of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed will or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the F;nvironmental
Management Commission has regulatory authority; and
8) The cost to the State of the enforcement proce"Overcash,
r
Date . Kirector
Division of Air Quality .

■ Complete itotns 1, 2, and 3. Also oompiete
Item 4 if Restricted Delivery la dashed.
i is Print: your name and address on the reverse
so that we can return the card to•you.
a Attach this card to the back of the mallplece,
or on the front It spars permtts-
t. Arwo Addmwed to:
DAQ Z008-1 t3 CPA 09/08f2008
d
a • ti 13 Avant
❑ Addresses
B. (PMted Net-) C. oat. of Deltvery
0. is derhrery oddreee dlMenx,t hnm kern t? ❑ Yes
If YES. enter daQv-y addroea below: ❑ No
lvlr. Randeit Andrews
Buie Land Compeny. Inc.
s700 NC klwy 72 West
3, s ice Type
Lumberton. NC28360
�Ce,tlfledMail ,,0,,,/•Expre"� p�pt*Or htercnandlse
❑ RepWtered WJ4
[] lrw M Mad O C.O.D.
6. Ras lcted Oeltvet)IJ iE +Fire) Q Yos
2. Artsde Number
7099 3400 0016 7988 5103
prensfer from servke label)
ta`5o5-02 M ,SW
PS Form 3811, February 2004
Domestic Retum Rocolpt
5T' L=.S FiV3 • s . •-� -^"'"-'Y.~«' `Pifr°t�„a6S'dtfuiG"�•,',';, -•`f•
UNITEDBrK eaPam
ac
• Sender: please print your name, address,'and ZIP+4 in this box •
NC DIVISION OF AIR QUALITY
ATTN: ENFORCEMENT
1641 MAIL`SERVICE CENTER
RALEIGH NC 27699-1641
r4L � L,t,EI,„1,Ilr,I�l,,-1,tr„„{(rlir,rlrrt„rlil,i,ri,t„l„fll

$ .t
NCDENR
North Carolina Department.of Environment and Natural Resources
DIVISION OF AIR QUALITY
Michael F. Easley, Governor William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
CI�,RTIFIEi) MAID RETURN RECEIPT REQUESTED
7099 3400'00].6 7988 5080
September 8, 2008
Mr. Charles.'Andrews
'Para Group of Lumberton, Inc.
2700 NC: Ilwy 72 West �.
Lumberton, NC 28360
SUBJECT: Civil Penalty Assessment for Violations)
2D .1900 Open Burning r' "
Pile No.: DAQ 2008-1 15 �� -
Violator: Tara Group of Lumberton, .Inc.
County: Robeson
Dear Mr. Andrews:
This letter transmits notice of civil penalty 4ssessed against Tara Group of Lumberton, -Inc. in the amount of
$1,000 and. $183 investigative costs, for a total of $1,183 .
Enclosed is a copy of the assessment document explaining this penalty. •Phis action was taken under the
authority vested in me by the delegatio.wpursuant to North Carolina General Statutes (NCG3) 143-215.114A(d).
Any new or.continuing violation(s) may he the subject of a new enforcement action, including -additional penalty.
You trust take one of the tlaree actions outlined below'withirt thirty (30) days from the elate of receipt of
this letter. Please be advised that if'you fail to exercise one of the following options within thirty (30) days,
you will lose your- Hght to eippeal or c6iiiest this ceise alzd yourcase will be forwar•tled to the Attorney
General's Of.fice fir collection.
1.. Submitp.iymentofthepenalts:
Payment should be made directly to the order of the North Carolina Department of Environment and Natural
Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to
insure proper posting. Please do not include the attached waiver form when stihmitting payment. Payment of the
penalty will not foreclose further enforcement action for any continuing or new violation(s).'Please submit
payment to the attention o .
rnfarcetnent Group - Payment
Department of l nvironmclit and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
1641 Mail Service Center, Raleigh, NC 27699-1041 ' 011e r `
2728 Capital Blvd., Raleigh, NC 27604 NC)nh1Cdi-Child
Phone: [phone] / FAX: [phone] / Internet: www,ncair.org AnEqual Opportunity / Affirmative Action Employer - 50% Recycled/10%Post Consumer Paper Natimally

Mr. Andrews
September 8, 2008
Page 2
Please be adviseil, that it is the policy for NCDENR to charge and collect a processing fee. of $2 5.00 for
checks on which payment has been refused by the bank because of insuffrcieut futirls or bL'CauSC Of an
invalid batik account.
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting; whether the violation(s) occurred or the accuracy of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing; and a stipulation and
agreement.that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe civil.penalty should -be remitted, and submit it to the address listed below. In determining; whether a
remission1 request will be approved, the following factors shall be considered:
(1) viie'ther one or rriore.of the civil penalty assessment factors in NCGS 14313-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the,violator j)romptly abated continuing environmental damage resulting from the
:violation;
(3} whether the violation was inadvertent or a result of an accident;
(4).-' •.whether. the;violaior has been assessed civil penalties for any previous violations; or
(5) whethei f�4ytrient of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented it, support of your request for remission must be submitted in writing.
If you chose this option, do not send in payinent at this time. The :Director of the Division'of Air Quality
(DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request.
The response will provide details regarding the case statics, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee)..Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by -the Director. Therefore. it is very important that you prepare a complete and
thorough statement in support of your request for remission.
141 order to request.remission, you must complete and submit the enclosed °Request for 1Zetnission. of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "form within thirty (30) days
of receipt of this notice. The DAQ also requests that you complete and submit the enclosed Vustrfication for
Retnission Request." :Both forms should be submitted to the following address:
Enforcement Group - Remission
Department of Environment and Natural Resources
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1.641

i
Mr,`Andrews
Page 3
OR
3. File a petition for an administrative hearing with the Office of Ad ininistrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for, an
administrative clearing. You may obtain the petition form from the Office of Administrative I=learing (OAff).
You must file the petition with the OAH within thirty (30) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The OAII accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m,, except for official state holidays.
The original and ope (1.) copy of the petition must be filed with the OAH, The petition may be faxed, provided
the original and one copy of the document is received in the OAH within five (5) business days following the
faxed transmission. The mailing address .for the OAH is as follows:
Office of Administrative 1-Iearings
6714 Mail Service Center
Raleigh, NC 27699-671.4
Tel'ephon6'[phone] Facsimile: (919) 733=3478-
A copy of the petition must also be served on NCDENR as follows:
Mary Perfidy Thompson, Gen.erdl Counsel
North Carolina .Department. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the DAQ case number, as found on Page 1 of this letter, on your petition to OAIL
Pailure to -exercise one of the options above within thirty (30) days of receipt of this letter, as -evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed. if the violations that are the subject of this action have not been corrected.
if you lia.ve any questions concerning this matter, please contact Jennifer White at (919) 733-1.477.
Sincere .
111.h eash RE
Enclosures: Assessment Document
cc: Steven F. Vozzo, Supervisor Fayetteville Regional Office
Enforcement File (DAQ 2008-115)

jr
STI- i'E OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF:
THE TARA GROUP OF LUMBERTON,
INC.
FOR. VIOLATION OF;
15A NCA.0 2D .1.900
"OPEN BURNING"
NORTH CAROLINA.
ENVIRONMENTAL MANAGEMENT COMMISSION
CASE NO. 2008-115
CIVIL, PENALTY ASSESSMENT
Acting pursuant to North Carolina. General Statutes (G.S.) 143-215.114A, 1, B, Keith Overcash, P.E., Director of the
Division of Air Quality (DAQ), make the following:
FINDINGS Ol:' FACT:
A. On I I January 2008, Mr. Steven Vozzo of the Fayetteville Regional Office of the Division of Air Quality (FRO
DAQ) received a complaint from Mr. Bobby Nelms of NC Division of Waste .Management, .Hazardous Waste
Section. Mr. Nelms stated that on 10 January 2008, he had observed a large smoldering pile of materials at a
business facility that included creosote poles and other construction debris. Mr. Nelms stated that while at the
site, he was informed that the observed pile was created so the local fire department would have a place to
practice fire training. Mr. Nelms stated that the location of the burn site was at'I'he Tara Group of Lumberton,
Inc., 2700 NC Highway 72 West near Lumberton, Robeson County, NC. The property where the burning
occurred is owned by the Buie Land Company, Inc.
B. On 11 January 2008, Mr. Neil Joyner (FRO .DAQ) investigated this complaint. Mr. Joyner was accompanied by
Mr. Andrew 11aminonds of the Fayetteville Regional Office of the Division of Waste Management. Upon arrival,
Mr. Joyner observed a smoldering pile of materials that included. wooden utility poles, a green powdery substance,
plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal parts, saw blades, metallic drum
lids, and painted lumber, The burn pile measured 39 lbet by G3 feet in area. The smoke from the smoldering
wooden poles had a strong.creosote-like. odor. The pile was measured to. be approximately 672 feet from.a house
that appeared to be occupied.
C. On 14 January 2008, Mr. Charles Andrews, Owner, The 'Para Group of Lumberton, .Inc., talked by phone to Mr.
Neil Joyner and Mr. Steven Vozzo of the FRO DAQ. Mr. Andrews stated that he allowed the Raft Swamp
Volunteer Fire Dept. to burn the materials at his company's facility for fire training of new, fire fighters. The
fire department had burned at the site a couple of times previous to this burn. The pile consisted of scrap wood
from the community that had been piled up for a Draining burn. Some CCA wood somehow got bumped into
the pile. I.-Iis company at
the utility poles that were burned. He also stated that his conipany, a construction
business, was renting the property from his father's company, Buie Land Company.
D. On 25 January 2008, .FRO DAQ issued The Tara Group of Lumberton, Inc. a Notice of Violation/Notice of
Recommendation of Enforcement (NOV/NRF.,) for allowing the fire department: to burn a pile of debris. The
certified mail green card indicates receipt of the. NOV/NRE on 28 January 2008. As of the date of this
O
assessment, FRO DAQ has received no written response to the NV/NRE.
E. Compliance History: No record of previous violations.
F. The costs of investigation or inspection in this matter totaled $183.00

The 'Para Group
DAQ Case No. 2008-115
Page 2
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The Tara Group of Lumberton, berton, Inc, was in violation of 15A NCAC 2.D.1900, for causing, allowing or
permitting open burning, as reflected in Part 1, Findings of Fact, above.
B. G.S. 143-215,114A provides that a civil penalty of not: more than twenty-five thousand dollars per violation
may be assessed against a person who violates or fails to act in accordance with the tens, conditions, or
requirements of a permit required by NCGS 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 1,43-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 1.43-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
Based upon the -above Findings of Fact and Coll cluslons.of Law, I make the following:
Ill. D13CISION:
The Tara Group of Lumberton, Inc. is hereby assessed a civil penalty of.
$ 119`� �� For one (1) violation of.15A NCAC 2D.1.90U, "Open Burning,"
00 TOTAL CIVIL PENAUN, which is percent of the nlaximuill penalty
authorized by G.S. 143-215.1.14A.
$ 183.00 Investigation costs
�a
$ TOTAL AMOUNT DUE: .
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, 1 considered the factors listed .in G.S. 14.3.13-
282.1(b) and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation(s);
2) `hhe duration and. gravity of the violation(s);
3) The effect. on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which tile, Environmental
Management Commission has regulatory authority-, and
8) The cost to'tlle State of the enforcement procedures.
Dat
r
B-IteP Overcash, P.I ., Director
Division of Air Quality -

�3 VNCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor
11 August 2008
CER rIIiIED :MAIL
RETURN RECEIPT .RFQU STFD
Randall Andrews
Safety Manager
Industrial & Agricultural Chemicals, .Inc:
2042 Buie Philadelphus Road
Red Springs, NC 28377
William G. Ross, Jr., Secretary
Keith Overcash, P.E., Director
SUBJECT: Notice of Violation - Failure to Maintain lnspection and Maintenance .Records,
and
Permit Additional .Information - Battery Recycling Operation
Industrial &Agricultural Chemicals, Inc. Permit No. 06125R09
Red Springs, .North Carolina, .Robeson County 06/78-00168
Dean- Mr. Andrews:
On 31. July 2008, Steven Vozzo; Mitchell Revels, and Christy Richardson, of the Fayetteville Regional
Office, conducted an annual compliance inspection of *Industrial & Agricultural Chemicals, Inc. in Red Springs, NC.
During the inspection, Mr. Revels and staff observed that records were not adequate for the bagflter and scrubber
.inspections. Also; during the inspection, we observed a small-scale trial. run of the battery recycling operation fa
which the facility has submitted a permit application. Additional information will be required prior to permitting
this process. The violation and requirement for additional permit information are described below.
(1) Notice of Violation _for_Failure to Maintain Inspection and Maintenance Records.
During the inspection, Mr. Andrews was not able to provide complete inspection or maintenance records .for the
bagt"ilters (I.D Nos. C-1, CD-FFB-3, C-4, C134P13-2, C-5, and DA-2) and aqueous contact scrubbers (ID Nos.
D-3 and D-4), Specific Condition and .Limitation A.13. of Air Permit No. 0612SR09 states that your facility.
shall perform periodic inspection and maintenance as required by the manufacturer for the bagfilter and scrubber
systems. The specific condition also requires that your facility perform an annual internal inspection of each
bagCilter and scrubber system. It appears that some inspections may have been done, but documentation was
limited. Since records did not indicate that annual inspections had been performed on the control devices listed
above, Industrial & Agn•icultural Chemicals, Inc. is in violation of this regulation.
Additionally, other record keeping appeared not to be kept up to date. Suggestions were made to you during the
inspection conference on ways to improve your record keeping system. This office also understands that you
ure preparing the .requested updated process diagram for your facility. Since much of your operation is a batch
process, records are needed on daily and even hourly production. This information will be imperative in order
to renew your air permit in the next six months.
Fayetteville Regional Office - Division of Air Quality �TOne �+
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-6043 1 V of thCa)rolina
Phone: [phone] Fax: [phone] Internet: http:/Iwww.ncair.org p��a
An Equal Opportunity/Affirmative Acfiori Employer — 50% Recycled/10% Post Consumer Paper i �6�d

Industrial & Agricultural Chemicals, Inc.
Notices of Violation / PAI 11 August 2008
Page 2
(2) Permit Additional Information re ardinp,, the Alkaline_ 13at_tejyRecy_clin 7_Qperation.
During the inspection, a trial run of the alkaline battery recycling operation was performed. Following this
observation, and after conducting further research, it appears that additional information will be required in.
order to process your permit application for an alkaline battery recycling :facility. This office is concerned
that all the emissions have not been evaluated. 1'lie.followirit; items/concerns should be addressed:
® Detailed description of how your facility plans to eliminate all plastic materials prior to drying;
® Detailed process flow diagram of the battery recycling operation;
® An analysis of all emissions generated or emitted during this process (including emissions from inherent
mercury) and toxics demonstrations if required.
® Detailed description of the emission controls your .facility plans to use to control these emissions
Your permit application will remain on hold until you and your consultant address the additional concerns
and submit a completed permit application. :Please note that the alkaline battery recycling operation is not on
your current air permit and should not be operated until an air permit has been issued.
Please submit a •written response to this Office by 27 August 2008 as to actions taken to bring about
compliance and any additional information or description of any mitigating circumstances in reference to the
violation. The response should outline steps that you plan to take or have taken.. to return. to compliance. As stated
above, your permit application for a battery recycling facility will. not be processed until a complete permit
application, addressing the additional items of concern, is submitted.
As stated. in the "subject" above, this letter represents a Notice of Violation for the recordkeeping issues
observed on 31 July 2008. The above violation and any fixture violation of an air duality regulation are subject
to the assessment of civil penalties as per North Carolina General Statute 143-21.5.114A. This General Statute
provides that civil penalties of not more .than twenty -Give thousand ($25,000) may be assessed against any
person �vlio violates any classification, standard, or limitation established. pursuant to General Statute 143-
21.5.107, "Air Quality Standards and Classifications." In addition, each day of continuing violation after written
notification from the Division of Air Quality shall be considered a separate offense. In addition,. please refer to
the enclosed Pollution.Prevention/Small Business insert for further information if you need assistance.
The Division strongly .recommends that you carefully examine your cun•ent permit stipulations and request
explanation from this Office as necessary. We appreciate your prompt attention to these matters. If you have any
questions regarding this matter or if we can provide any additional information or assistance, please call Christy
Richardson, Environrriental 1'sngineer; at (9.10) 433-3377, or me at [phone].
Sincerely,
- l
Steven I . Vozzo
Regional Air Quality Supervisor
Enclosure — Pollution Prevention Brochure . .
SFV/ctr
cc: DAQ Central Files
FRO County Files

r s,
11/18/2008 15:04 9197153605 DWM PAGE 02/06
F {,
X''cJ�
NCDENA/0 V
January 29, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall F. Andrews
2042 Buie Phil Road
Red Springs, NC 28377
Dear Mr. Andrews:
IMMEDI,A,T1E ACTYON
NOTICE OF VIQTION
Docket # 2OW039
On December 18, 1980, the State of North Caro. taa, Hazardous Waste Section (Section) was
authorized to operate the State Resource Conservation and Recovery Act (RCRA) Hazardous
Waste Program under the Solid Waste Management Act (Act), N.C.G.S. 130A, Articl .- 9 and
rules promulgated thereto at 15A NCA.0 13A (Rules), in lieu of the federal RCRA, program.
On January 10, 2008, Mr. Bobby Nelms, Environmental Senior Specialist, with this office,
conducted an investigation at the TARA Group office and grounds. The property is locate I at
2700 NC Highway 72 West in Lumberton, North Carolina. The January 10, 2008 investigation,
was conducted in response to a complaint alleging the improper disposal of chemicals at f xe
property.
Statement of FLM Related to Rea ondent's Mana eAnient of Hazardous Wastr
The January 10, 2008 investigation revealed that the land behind the, TARA shop was use([ for
the ruining of sand and that various types of material had been dumped on the site. There were
two distinct areas of concern.
The first area, which. was closest to the office, had been used to dump caustic soda sludge rnd
gypsum. According to Mr. Randall. F. Andrews, owner of the property, the material was p laced
there temporarily until it could be mixed together as a fertilizer to be applied to the Iand. ,( kt the
time of this investigation it was apparent t>aat the material had been wet, but not liquid, wh :n
placed in this location. This material will be mixed and used as a fertilizer on the land as
discussedduring our tweeting.
The area of primary concern was located back further behind the office area. This area hac l been.
used to burn pallets for the local fire department to practice extinguishing. The debris pile
eoatained burned remains of creosote poles and metal from unidentified sources. Addition ally,
near the burned creosote poles, there were areas of ash which appeared green in color. The gre.en
i�C.(,j_,•��}��p-
1-�1'li:l?e 91',-}-i':?:3•,43J61I=^ ;- •Ir ��;+r.; ' t f ,. ,e. .�� • �»� ij;:l_% )-i, 1..� � !rat .r�+�, ��+.11�:li'-'er1$fF.JI;OIl11.:.Qi'(:a
An Mi1j a! Qi,t+C•j!UIII ;! i "+i;:fr},lil4t� '',: ;,tUl+ i•[lali?.'r;.rii•4' F'olllwi rail DIM

11/18/2008 15:04 9197153605 DWM PAGE 03/06
color of this ash indicates that there is potential of contamination from burned CCA treat�A,
poles. During a later conversation, with Mr. Andrews, he stated that the poles had been
purchased and had beets, burned accidentally.
Statutory and Regulatory Backamund
A. 40 CFR 261.1(a), adopted by reference at 15A NCAC 13A .0106(a), identifies those solid
wastes which are subject to regulations as hazardous wastes under Parts 262 through 265
and Parts 270, 271, and 124 of this Chapter and which are subject to the notification
requirements of Section 3010 of RCRA.
B. 40 CFR 261.2(b), adopted by reference at 15A NCAC 13A, .0106(a), states that rlateriais
are solid waste if they are abandoned by being [1) disposed of; or (2] bLmed or
incinerated; or [3] accumulated, stored, or treated (but not recycled) before or it t lieu of
being abandoned by being disposed of, burned, or incinerated.
C. 40 CFR 2613(a), adopted by reference at 15A NCAC 13A .01.06(a), states that a: solid
waste, as defined in Section 261.2 is a hazardous waste if -
It is not excluded from regulation as a hazardous waste under Section 261.4(b);
and
2. It meets any of the following criteria:
i. It exhibits the characteristics of hazardous waste identified in Subp art C.
ii. It its listed in Subpart D and has not been excluded' from the lists in
Subpart D under Sections 260.20, and 260.22 of this ctzapter.
iii. It is a mixture of solid waste and hazardous waste that is listed .in S abpart
D solely because it exhibits one or more of the characteristics of ha zardous
waste identified in Subpart C, unless the resultant mixture no longer
exhibits any characteristic of hazardous waste identified in Subpart C.
iv. It is a mixture of solid waste and one or .more hazardous wastes 1 isted in
Subpart D and had not been excluded from. this paragraph under kections
260.20 and 260.22 of this chapter.
D. NCGS 130A-290(6), defines "Disposal" as the discb.arge, deposit, injection, dumping,
spilling, leaping or placing of any solid waste into or on any land or water so -hat the
uilid -waste or, any constituent part of the solid waste may enter the environmei it or be
emitted into the air or discharged into any waters, including groundwater.
E. 40 CFR. 124.2, adopted by .refference at 15.A NCAC 13A .0105(a) defies "OA ner" or
"Operator" as the owner or operator, of any "facility or activity" subject to relulation
under the RC.RA program.

11/18/2008 15:04 9197153605
MITU
PAGE 04/06
F. NCGS 130A-290(22), defines "Person" as an .individual, corporation, company,
association, partnership, unit of local government, State agency, federal agency or otber
legal entity.
G- NCGS 130A.-290(41), defines "Storage" as the containment of solid waste, either on a
temporary basis or for a period of years, in am..anner which does not constitute di: posal.
H. 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b), defines a "genezator" as
"any person, by site, whose actor process produces hazardous waste identified ..)r listed
in part 261 or whose act first causes a hazardous waste to become subject to regi elation."
The EPA has long recognized that, in the event of a, violation of RCRA and, the hzardous
waste rules, "co -generators" of. bazardous waste can be jointly and severally li able for.
improper management of hazardous waste. 45 1~R 72024, 72026 (October 30, 19F 0).
Violations Reguiring, Immediate Aetion
I, It is the determination of the Section that the bum pile residue located at the TAR 4 Group
property in Lumberton, North Carolina constitutes storage and disposal of solid/he zardons
waste subject to all applicable requirements of 40 CFR Part 261 through Part M5 and
Part 270, incorporated by reference in 15A NCAC 13A .0106 -- .0110 and .0113.
Specifically, for the burned residue on said property:
1. 40 CkR. 262.11, adopted by .reference at .1.5A NCAC 13A .01,07(a), requirro that a
person who generates a solid -waste, as defined in 40 CFR 261.2, must de termine
if the waste is a hazardous waste using the following method.
a. He should First determine if the waste is excluded from regulatio x under
40 CFR 261.4.
b. He must then determine if the waste is listed as a hazardous waste i a
Subpart D of 40 CFR. Part 261.
C. If the waste is not listed as a .hazardous waste in Subpart 17 of 40 C FR ]?art
261, he must determine whether the waste i.5 iftnti$ed in Subpart,-_ of 40
CPR .Part 261 by either.
i. Testing the waste according to the methods set forth in Su ),part C
of 40 CFR .Part 261, or according to an equivalent method
approved. by the Administrator under 40 CFR 260.2.1; or
ii. Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used_
Randall F. Andrews, is in violation of 40 M 262.11; adopted by reference att 15A
NCAC 13A .0107(a), in that a solid waste was generated on the property its defined in 40
CFR. 261.2 and a determination was not made by the generator whether that wast,s was a
hazardous waste.

11/19/2008 15:04 9197153605 DWM PAGE 05/06
2. 15A NCAC 13A .0109(a), requires that any person -who treats, stores, or dispose:; of
hazardous waste shall comply with the requirements set forth in this section. Thc,
treatment, storage or disposal of hazardous waste is prohibited except as provider l in 40
CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 .0110.
Randall F. Andrews is in violation of .15A NCAC 13A, .0109(a), in that hazardous waste
has potentially been, stored and disposed without complying with the requiter Gents set
forth in 40 CFR Parts 264 and 265, adopted by reference in 15A NCAC 13A .0109 and
.0110.
COMPLIANCE SCHEDULE
Within 30 days from receipt of this notice, Randall F, Andrews shall comply with the following
requirements:
1. Comply with 40 CFR 262.11, adopted by reference at 15.A NCAC 13A .010,'(a). An
immediate determination of hazardous characteristics must be completed for all areas of
the burn pile which potentially could contain contamination.
2. Comply with 40 CFR 262.12, adopted by reference at I5A NCAC 13A .0107(a). Prior to
shipment of any hazardous waste, an EPA Identification Number must be obt. pined for
t us, site. You may contact Mr. Jim Edwards with. this office at [phone] to :make
provisions for obtaining the I.D. number.
3. Comply with 15.A NCAC 13A .0109(a). Randall F. Andrews shall no longer store or
dispose of hazardous waste without full compliance with this section. Pending -shipment
of hazardous waste for proper disposal, Randall F. Andrews, must comply with 40 Cr-R.
262..34(a), adopted byreference at 15.A NCAC 13A .0107(c),.which, states that:
a. If the waste is placed in containers the generator must comply with Subpart I of
40 CFR Part 265 or if the waste is placed in tanks, the generator roust comply
with Subpart J of 40 CFR Part 265, except 265:197(c) and 265.200. No waste
piles are allowed.
b. The date upon which, each. period of accumulation begins must be clearly marked
and visible for inspection on each container.
Q. While being accumulated on -site, each contaiaer and tank must be labeled or
marked cl early with the words, "Hazardous Waste"; and
d. The generator must comply with the requirements for owners or. ope7'ators in
Subparts C an a ly in 40 CFR Part 265, Section 265.16 and 265.7(a)(4).

11/18/2008 15:04 9197153605 DWM PAGE 06/06
Potential Consequences of FniJure to Comniv
You must comply with each requirement of this immediate Action Notice of `violation
(I.A.NOV); however, compliance will not divest the Section of its authority to ssue an
administrative ,penalty fo.r the violations cited in this IANOV and additional violations c ited ,i.n a
subsequent Compliance Order with Administrative Penalty. In accordance with NCGS 130A-
22(a), the penalty shall not exceed thirty-two thousand rive bundred dollars ($32,500.00;, per day
in the case of a first violation. Each day of a continuing violation shall constitute a separate
violation.
Pursuant to NCGS 130A-1 S, a violation of any provision of the Act or the Rules may also result
in the Section initiating an action for injunctive relief If an injunction is obtained, you v ill be
subject to both the civil and criminal contempt powers of the North Carolina General. Coiirts of
Justice.
If you should have questions concerning the issuance of this I.A.NOV, you may contact
Mr. Bobby Nelms at (91.0) 602-3329.
Sincerely,
r'
E6 eth W. Cannon, Chief
Hazardous Waste Section
cc: Central Files
Mike Williford
Bobby Nelms
Harvi Cooper

11/18/2008 15:04 .9197153605 DWM PAGE 01/06
Fax Cover Sheet
DEAR
Division of Waste Management
Hazardous Waste Section
Compliance Branch
DATE: i IIg`(3
TO:
FAx#: ~lfl4-
0-
r
�! _ ��. � 1 ,� -;ter ,....� + �•
TELEPHONE #: ��.& - I _
(dumber of sheets
COMMENTS:

NGENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Air Quality William G. Ross, Jr., Secretary
B. Keith Overcash, P,E,, Director
25 January 2008
CERT'IF.IF. D MAIL
:l ETIAIN RJi C1F.IPT izieQ C S'nillD
Mr. Charles Andrews, Owner / Reg.istercd Agent
` tic Tara Group of Lumberton, Inc.
2700 NC Highway 72 West
Lumberton, NC 28360
8 1'.M.FC:T, Notice of Viohition/Notice o.f.Recommendation for Enforcement: Open Burning
The Tara Group of I-Annber-tor7, Inc,
Lumberton, NC;, Robeson Comity 6/72-00000
Dear Mr. Andrews:
On 11 January 2008, Neil Joyner, of this Office, investigated a complaint lodged against yon, by
the NC.: I:)ivision of Waste Managenrcut. (NCDWM), for open burning of creosol poles, construction
debris, and other indt..is.trial waste on your business property al 2700 NC Highway 72 West near
l.,tiiiibel•ton,'IZ.obesoil C.:ourity, NC. Mr. Andrew Hammonds of the NCDWM accompanied Mr. Joyner on
this investigation. NC I-Iazardous Waste Section had earlier investigated this complaint 10 January 2008.
Upon arrival, Mr. Joyner observed an open burning pile of materials that: included wooden poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal
parts, saw blades, metallic drum .lids, and painted lumber, Mi•. Joyner also observed evidence of previous
burning; on the property. Mr. Joyner spoke with you by plione with your father, Mr. 1Zandail. Andrews,
owner of Buie Land. Company and Industrial. and Agricultural Chemicals, He stated he owned the
property wliere the observed materials were burned, but your company rented thus property Enid. you had
coordinated this burning wi1.h the local fire department.
On 11 Ja.nirary 2048, Mr. Joyner was told at the front office of your facility that you were out of
t()wn at t11e tunic. On 14 January 2008, Mr. Joyner and I spoke with you by phone and you stated that
your company had recently allowed the R.afl Swairip Fire :Department: to burn the observed pile of
materials for a fire training exercise on this property that you were renting. You stated that your father,
Randall Andrews, dumped much of this material from his other businesses and you were not able to
provide detailed information for what you allowed the fire department to burn. You also stated that. the
fire department had previously Mimed at the site. Mr. Joyner had left a copy of the NC Open Burning
regulations for you at: your facility and during the conversation, I explained to you from them why this
burn was not allowed. This burn is considered a waste disposal burn. Also be advised that burring a pile
of demolished materials is not allowed for fire training, '.t'his letter is to officially inforin you that 10
permit,,_ allow, or CAUSE such open burning is a. violation of North Carolina Administrative Code 15A 2D
.1900, "Open Burning." Please review the enclosed brochure and insert explaining this regulation before
conducting any future open Murn.ing. if you liave, any questions, please call, this Office at [phone].
Fayelleville Regional Office - Division of Air Quality. 01IG
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 N oftb.Cayoli:na
Main Phone: [phone] DAQ Fax: [phone] l Internet: hilp://www.ncair.org
An Equal Oppoi lenity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nall"Ill'y

NOV/NRE -- The "Tara Jup of l.,liillberton, .Inc.
25 .January 2008
Page 2
You are requested to find a lebal method for the disposal of these wastes. Additional information
coneerning solid waste disposal can be obtained from a Division of Waste Management Specialist at
[phone]. In addition, please refer to the enclosed Pollution Prevention/Small Business insert: for
:further informa.tiori if you need assistance.
bi some cases, people have obtained burn permits .from t:1'le NC; Forest Service and have then
Conducted open burnings in violation of other state and focal laws. Please note that in almost all cases on
the back of the NC Forest Service permit are the NC Air Qurility regulations and that their burn permit
indicates you must abide by our rules as well as theirs. TIcase also realize that various collilties,
townships, and/or fire departments have their own l,egul.ations in addition to the various State burning
regulations. Prior to burn ill g,..y_c�it._are !egjuired to_cons Iider. all these regulations aud_to make certain oil
are zlieetillgthe mostlestrictive regula imi(c).
As stated in the "subject" above, this letter represents not only a Notice of Violation for the open
burning investigated 'oil [I January 2008, but puts you on notice that this office is Preparing an
enforcement report addressing i:he violation observed. The above violation and any future violation of an
air quality regulation are subject to the assessment of civil penalties as per North Carolina General Statute
1.43-215.1.14A. This Gel.leral Statute provides that civil pellalties of not 11301'e t.hall twenty five thousand
dollars ($25,000) may be assessed against any person who violates any classi:f:ieation, standard, or
limitation established pursuant to General. Statute 143-215.107, "Air Quality Standards 81.1d
Classifications." In addition, each. clay of continuing violation after written Notification from the Division
of Air Quality shall be considered a separate offense.
Please submit a written response to this office by 8 February 2008, as to actions taken to bring
about compliance and any additional informat7on or description of ally mitigating circumstances that you
believe should affect the outcome of the enforcement evaluation. Please provide an exact list of
materials, and an approximate quantity, that you placed in this area. Include the source .for each
of the materials. - After the above date, in liell of any mitigating circumstances brought to our attention,
this office will submit the enforcement report to the Director of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that neither this
letter, nor any subsequent action, absolve you from responsibility for aily violation or damage to public or
private property or from any enforcement action available to this agency.
We appreciate your immediate attention to this environmental concern. If you have any
questions, 'please call Neil Joyner, *B11virollmental Specialist, or Robert I-Iayden, -E,Dviromllontal Engineer,
at: [phone].
Si�ic�erely(,/
,,1,56ven F.VoZzo � Y
R.egional Air Quality Supervisor
Fayetteville Regional Office
S l� V\caj
attachments 0I3 l:3rocliure, OB Insert, and 1'2 Insert
cc: (w/o atlachrriellt)
FRO Isnforccuient Files
FRO Complaint Piles
Mr. Andrew Flamn'rouds, NCDWM SW TARO
Mn 1:3obby Nelms, NCIYWM: Hazardous Waste
Donnie Blackburn, President, Rt& Swalnp Volunteer Fire Department

I
I
to Complete items 1; 2, and 3. Also complete A Si fat
0 Agent
Item 4 If Restricted,U] livery is desired; X ? ❑ Addressee
® Print your name and address on the reverse
so that.we can return the card to you. B Rec Ived by (Prf , tef a e C. Date of Delivery
0 Attach this card to the back of the mailpiece,
or on the front if space permits,
D. Is delivery address different from item 11 ❑ Yes
1. Article Addressed to: If YES, -.enter delivery address below; ❑ No
MR CHARLTS AN.DREWS
THE TARA GROUP OF LUMBE j
2700 NC HWY 72 WEST- . 3. Service Type
Certified Mail 0 Express Mail
LU.MBERTON NC 28360 Registered ❑ Retum Receipt for Merchandise
❑ Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) E] Yes
2. ArticloNumber .700j 2510 0000 6682 6556
(Transfer from service label)
PS Form 3811, February 2004. ; Domestic Return Receipt 102595•02-M•1540

A7`iO�
NC®ENR
Dfj
1
/V0 V
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Air Quality William G. Ross, Jr., Secretary
B. Keith Overcash, P.E., Director
25 ,January 2008
CERTIFIED MAIL
:RIf,'I'URN RTC.]UPT REQUI,,STED
Mr. Randall Andrews, Owner and Registered Agent
Bide Lancl Cornpaliy, Tric.
2700 NC ITighway 72 West
T_,tlmberton, North Carolina 28360
SUBJECT': Notice of Violation/Notice of Iteccimtrlcndation for I!;nforcernent: Open 13urning
- Buie Land Company, Me.
Industrial &.A.gricull.u.ral Chemicals, Lie.
Lunlbertoti, NC, Robeson County 6/72-00000
Deal- Mr. Andrews,
Oil 1 I January 2008, Neil Joyricr, of this Office, iuvestiga.ted a complaint lodged against you, by
the NC Division of Waste Management (NC.DWNt), for open burning of creosol poles, colastructiorl
debris, and other industrial waste 0.11 your Intsnless property at 2700 NC Highway 72 West near
Lumberton, Robeson Comity, N'C. Mr. Andrew Hammonds of the NCDWM accompanied Mr. Joyner on
this investigation. NC Hazardous Waste Section had earlier 111vestiga.t:ed this complaint 1.0 January 2008.
Upon arrival, Mr. Joyner observed au open bl.irning pile of materials that hichided woodeta poles, a green
powdery substance, plywood, wooden boards, nails, metallic banding, metallic filter, tree stumps, metal
parts, saw blades, metallic drum lids, and painted lumber, Mr. Joyner also observed evidence of previous
burning on the property. Mr. Joyner spoke with you by phone and you stated that your company, Bilie
Land Company, owned the property where the observed materials were burned. You stated that you
understood that the fire dept. (lad recently burned the observed materials as a training exercise o❑ the
property. You stated that your son, Charles Andrews, was coordinating this burning with the fire
department. Mr. Joyner left a copy of the Open 13tu'niltg regulations for you at the 1.'acilit.y office ail(]
during the conversation, he explained fi-Orrl theril why this learn was not allowed.
On 14 January 2008, 1 spoke by phone with your son, Mr. Charles Andrews, of The Tara Group
of Lumberton, hic. and he stated that his company was renting this land from you. He stated that }his
company had recently allowed the Raft Swamp Fire Department to burn the observed pile o.f materials as
a fire training exercise oil the property. 1-le also stated ghat the fire department had burned at tyre site
previously. Additionally, he stated that he did not know exactly all the waste materials you had brought
to this pile from your other business, Industrial & Agricultural Chemicals, Itic. Be advised that burning a
pile of demolished materials is riot allowed for fire training; and is considered to be waste disposal.
This letter is to officially inform you that to permit,._allow,_�r_causc sucl.l open bul-I Iig is a
violation of North Carolina Administrative Code 15A 2D .1900" "Open Burning." Please review the
Fayetteville Regional Office — Division of Air Quality r.011e,
225 Green Street, Suite 714, Fayetteville, North Carolina 28301.5043 1.V Of thCarofina
Main Phone: [phone] DAQ Fax: [phone] InterneC http://WWW.ncair.org Natu
N�e�Y
An Equal OpportunitylAffirrnative Action Employer-50% Recycled/10% Post Conm
suer Paper L `

NOWNRI _ e Land Company, l.i.ic.
25 Jarivary 2008
Page 2
enclosed brochure and insert explaining this regulation before conducting any future open burning. If you
have any questions, please call this Office at [phone]. You are requested to find a legal method
for the disposal of these wastes. Additional information. concerning solid waste disposal can be obtained
front a Division of Waste Management Specialist at [phone]. In addit.iori, please refer to the
enclosed Pollritio:n .Prevention/Snia.11 Business insert: for '[.rather information if you need assistance. .
In some cases, people have obtained Burn Permits from the NC forest Service acid have then
conducted open burnings in violation o'1' other state and local laws. Please note that in, almost all cases on
the back of the NC Forest Service permit are the NC Air Quality regi.ilations and that their burn permit
indicates you must abide by our rules as well as theirs. Please also realize that various counties,
townships, and/or fire departments )rave their own regulations in addition to the various State burning
regulations. Prig to bnr'rlln ,yor} ai_c recfuired to_con.sicicr-ell these ae rtTlat.ions and to make cert:ain_.y0u
due meeting the most restrictive regt_ilation_(s)_,
As stated in the "subject" above, this letter represents not only a Notice of Violation for the open
burning investigated on I 7anuary 2008, but puts you on notice that this office is preparing air
enforcement report addressing the violation obSeT'ved. The above violation and any filture violation of an
air quality regulation are subject to the assessment of civil penalties as per North Carolina General Statute
143-2L5.114A. This Cien.eral Statute provides that: civil penalties of not inoi-c than twenty five thousand
dollars ($25,000) may be assessed against any person, wbo violates airy classification, standard, or
limitation established pursuant to General Statute 1.43-215.107, "Air Quality Standards and
Classifications." In addition, each day of continuing violation after written notification from the Division
of. Air Quality shall be considered a separate offense.
Please submit a written response to this office by 8.Februiu y 2008, as to actions taken to bring
about compliance and any additional information or description of any mitigating circumstances that you
believe should affect the outcome of the enforcement -evaluation. Please provide au exact list of
materials, and an approximate quantity, that you placed in this area. Include the source for each
of the materials. Aftor the above date, in lieu of any mitigating circumstances brought to our attention,
this office will submit the enforcement report to the Director of the Division of Air Quality, including
recommendations for the assessment of appropriate civil penalties. Please be advised that neither this
letter, nor any subsequent action, absolve you h:i•om .responsibility for any violation or clainage to public c r
private property or from any enforcement action available to this agency.
We appreciate your inrnrediate attention to this envirom-nental concern. If you bave arty
questions, please call Neil Joyner, .i_snvlr'ornllcatal. Specialist, or Robert Hayden, T;nvirouniental lin.gineer,
at [phone].
rrcc ely,
:'St'evc.0 F. V070'1�
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV1caj
attachments OD Brochure, 013 Insert, acid a'2 Insert
cc: FR.O Coraplaint files
Mr. Andrew .f-iarmnonds, NGDWM SW MO
Mr. Bobby Nelms, NCDWM Hazardous Waste

® Complete Items 1,'2, and 3.-Also complete
Item 4 ' If. Restricted Delivery Is desired.
* Print your ' narne:and address on the reverse
so that we can return the card,to you.
IR Attach this card to the 1pack of the mallpiece,
or on'the front if space permits.
1. Article Addressed to?-'
MR RANDALL ANDREWS
BUIE L&NI) COMPANY INC
2700 N6TT-WY 72 WEST
LUMBERTON NC 28360
S igna C3 Agent
C3 Addre
Q. ecered by (Printed Name) I C. Date of Dell
D. 1s dellyery address different from item 1 ? El Yes
If YES, enter delivery address below: El No
3. Service Type
CoMfled Mail 0 Express Mall
Registered 0 Return Recelpt for Merchandise
0 Insured Mall 0 C.0-D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
7001 2510 0000 6682 6549 {Transfer from service label)
PS Form 3811, February,2004 Domestic Return Receipt 102595.02-M-15,101.
!'
I

P Wr/)
RCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
Division of Waste Management'
Dexter R Matthews, Director
January 16, 2008
CERTIFIED MAIL
Return Receipt Requested
70012510 0006 9499 5211
Randall Andrews, President
Buie Land Company, Inc.
2700 NC Hwy 72 West
Lumberton, North Carolina 28360
Subject: Notice of Violation
Robeson County, North Carolina
IS780801
Non -Facility
Dear Mr. Andrews:
Pursuant to North Carolina General Statue's 130A-22(a) and to 15A North Carolina Administrative
Code 13B, you are hereby informed that you are operating a non -conforming solid waste disposal site/open
dump on your property located on Melvin Lane in Lumberton, Robeson County, North Carolina.
On January 11, 2008, Neil Joyner with the Division of Air Quality and I inspected a non -conforming
solid waste disposal site on your property located behind Tara Groups office at 2700 NC Hwy 72, Lumberton
in Robeson County, North Carolina PIN 937360821900. The inspection revealed an area of open burning that
was still smoldering with mixed waste streams. Adjacent to this area was a load of construction waste
consisting of plastic pipes, metal, plywood, concrete and other types of waste. There were several piles of
waste that consisted of concrete with rebar, asphalt, concrete mixed with metal and soil and two large piles of
charred debris and soil. Also noted at this time were 7-10 loads of bottom ash as described by you that you are
planning to experiment with in various applications? The open dumping of solid waste on yourproperty
constitutes a violation of the North Carolina Solid Waste Management Rules, codified at 15A NC
Administrative Code 13B;' specifically:
15A N.C. Administrative Code 13B .0201(a) states that "no person shalt establish, or allow to be
established on his land a solid waste management facility, or otherwise treat, store, or diRM of solid
waste unless a permit for this facility has been obtained from the Division of Waste Management "
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043 One
Phone: [phone] FAX: [phone] Internet: http://wastenot.enr.state.nc.us NOfthCarohna
An Equal Opportunity I Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper Natmally

Page 2
January 16, 2008
You are in violation of section 1313.0201(a) in that a solid waste management facility has been established on
your land without a permit from the Division of Waste Management.
Based on the foregoing, discontinue all dumping operations on your property and within 15 days
of receipt of this notice comply with 15A NCAC 13B .0502 Open Dumps by taking the following actions.
1. Remove and properly dispose of'all of the waste that is on your property.
2. Remove and properly dispose of the coal ash that has been dumped on the property.
3. Ensure that all waste is removed from the site and transported to a facility permitted to
accept the waste.
4. Do not burn or bury any of the waste. In addition, documentation that will indicate
the waste has been properly disposed of will be required to resolve this Notice of
Violation. Please mail receipts to the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, Drew Hammonds, 225 Green
Street, Suite 714, Fayetteville, NC 28301.
Pursuant to N.C.G.S. 130A-22(a) and 15A N.CA.C. 13B .0701 -.0707, an administrative penalty
of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Management Laws and
Regulations.
We solicit your cooperation and would like to avoid taking further additional enforcement actions.
At the same time, it is your responsibility to comply with the requirements of the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at
[phone].
Sincerely,
Drew Hammonds
Environmental Senior Specialist
Solid Waste Section
Regional Representative
Cc: Mark Poindexter, Field Operations Branch Head
Dennis Shackelford, Eastern Area Supervisor
Amy Kadrie, Compliance Officer
Neil Joyner, Division of Air Quality
Steve Edge, Robeson County Solid Waste Director

NC DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
ACTIVITY REPORT
Date: 10 January2008 ReportBy: Bobby Nelms No: 036
Subject: Randall Andrews Property
Location: 2700 NC Highway 72 West
City: Lumberton, NC Zip: 28360 County: Robeson
Contact Person: Randall Andrews Tel#: [phone]
Reason for visit: Complaint Investigation
REPORT:
On this date, I visited the referenced site to investigate a compliant referred to me by
SWS personnel in the Fayetteville Regional Office. The complaint alleged that waste
material had been illegally dumped on property behind the TARA Group facility located
at the address above.
Upon arrival at the site, I spoke to Ms. Denis Andrews who gave me permission to walk
over the property. I found two distinct areas of concern and began to photograph these
areas when Mr. Randall Andrews, owner, arrived. Mr. Andrews and I had met before so
my introduction was merely a formality. I explained my reason for being there, and
asked him to show me around.
Mr. Andrews showed me an area which he had used to dump caustic soda sludge from
tank bottoms and Gypsum. He explained that he intended to mix the material and use it
as a fertilizer on his property. He stated that the material was not liquid when it was
dumped on the site and the appearance of the site seemed to indicate the accuracy of his
claim. I
A separate area, and likely the area of most concern, was a burn pile located further back
from the office building. This area had been used to bum debris, including creosote
poles, for the purpose of allowing the local fire department an opportunity to practice
extinguishing large fires. There were areas of green ash which concerned me since there
was the possibility of CCA treated poles having been burned. If there were, in fact
treated poles there, they had been completely consumed in the fire.
I discussed the areas and my concerns with Mr. Andrews who was very compliant and
willing to take care of whatever needed to be done in order to resolve the issues. I
explained the he would. be receiving an Immediate Action NOV from the Section at a
later date and that he would need to comply with the requirements spelled out within the

letter. I also explained my duty and intention to report the matter to the DAQ and to the
SWS. Mr. Andrews understood and thanked me for my time.
An IANOV will follow this report and a follow up visit will be conducted at a later date.
Activity type: Complaint

/V-0 V
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor William G, Ross, Jr., Secretary
B. Keith Overcash, RE, Director
I March 2005
CERT.TF.IE,D MAIL
RETURN RECEIPT REQUr r1,D
Randall Andrews, President
Industrial & Agricultural Chemicals, Inc.
204213uie Phil Road
Red Springs, NC 28377
SUBJECT: Notice of Violation -Reporting
.Industrial & Agricultural Chemicals, Inc. Permit No. 06125R09
Red Springs, North Carolina, Robeson County 06/78-00168
Dear Mr. Andrews:
Your current air permit, identified above, includes at least I (one) stipulation requiring that a report
be sent to this Office, no later than 30 January 2005. Your facility failed to comply with this requirement. If
you have notalready cY ione so, -please provide this Office with. tite rellorl s within 10 (teen) ways ofreceipt o.f
this letter. Once the report(s) are received in our Office a compliance determination based upon the Contc.iit
of the repor(s) shall be made Ifit is determined during this review that your facility is/was-not operating in
co_liance an additional Notice of Violation or, depeiuliii on the type of violation and severity, a Notice of
Violation/Notice of Recommendation for Enforcement shall be issued to your facility.
As stated in the "subject" above, this letter represents a Notice of Violation for failure to submit a
regitired report by the deadline specified in your airpermit. This General Statute provides that civil penalties
of not more than ten thousand ($10,000) maybe assessed: against any person who violates any classification,
standard, or limitation estab.lislied pursuant to General Statute 143-215.107, Air Quality Standards and
Classifications.
The Division strongly recommends that you carefully examine your current permit stipulations and
request explanation froul this Office as necessary. If you have any questions regarding this matter, please call
Mitchell Revels, Environmental Chemist, at,[phone].
Sincerely,
Steven F. Vozzo
Regional Air Quality Supervisor
cc: DAQ Central Files
FRO County Files
Fayetteville Regional Office -Division of Air Quality �a7Qtie
226 Green Street, Suite 714, Fayetteville, Nodi Carolina 28301.5043 NO �7 Ca Olina
Phone: 91OA86.15411 Fax: [phone] Internet: htoWwww,►nalr.org
An Equal Opportunily/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper d(v/

is. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
12 Print your name and address on the reverse
so that we can return the card to you.
W Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR. RANDALL ANDREWS
INDUSTRIAL & AGRICULTURAL
2042 I3UIE PHIL ROAD
RED SPRINGS NC 28377
_,eceived by (Please Print Clearly) B. Date of Delivery
C. Si atur�`,
/� ❑Agent
L �t� t �>>� �% ,4-0-Addressee
D. Is delivery address ifterent from item 1? ❑ Y0s
if YES, enter delivery address below: ❑ No
3. Service Type
3 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise ;
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Eee) ❑ Yes
2. Article Number 7001 2510 0003 8090 2IS6
(Transfer from service label) ------
PS Form 3811, March 2001 Domestic Return Receipt 102595-.01-M-1424