30004YWN_NOV_20180215

State of North Carolina | Environmental Quality | Waste Management
610 East Center Street, Suite 301 | Mooresville, North Carolina 28115
704-663-1699
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director

March 9, 2018

CERTIFIED MAIL : 7016 1370 0000 2590 0883
RETURN RECEIPT REQUESTED

Mr. Chris Anderson
PO Box 638
Mocksville, NC 27028

SUBJECT: Notice of Violation
Compliance Inspection Report
Anderson Aggregates
YWN30004
Davie County

Dear Mr. Anderson:

On February 15, 2018, Kim Sue, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. Chris Anderson was present and
represented Anderson Aggregates during this inspection. The following violation(s) were noted:

A. 15A NCAC 13B .1402(f)(1) states: “Type 1 facilities may receive yard and garden waste,
silvicultural waste, untreated and unpainted wood waste or any combination thereof.”

Anderson Aggregates is in violation of 15A NCAC 13B .1402(f)(1) in that they accepted waste
other than yard and garden waste, silvicultural waste, untreated and unpainted wood waste or
any combination thereof. During the inspection, engineered wood waste, plywood, oriented
strand board (OSB) and industrial wood waste was observed.

B. 15A NCAC 13B .1402(f)(6) states: “Small facilities are those that receive less than 1000
cubic yards of material for composting per quarter, and occupy less than two acres of
land, except that a Small Type 1 facility shall process or store less than 6,000 cubic yards
of material per quarter.”

Anderson Aggregates is in violation of 15A NCAC 13B .1402(f)(6) in that the volume of material
present on the site was estimated to be 29,300 cubic yards which exceeds the maximum
allowable limit of 6,000 cubic yards. During the inspection, waste was observed on parcel
number G40000003307 and parcel number G40000003308 occupying over two acres of land.
Parcel number G40000003308 was not included in the approved notification. The site
Anderson Aggregates
Notice of Violation
Page 2 of 3
March 9, 2018

operational area on the two parcels was estimated to occupy approximately 2.25 acres of land.
The volume of material present on the site was estimated to be 29,300 cubic yards which exceeds
the maximum allowable limit of 6,000 cubic yards.

C. 15A NCAC 13B .1404(a)(2) states: “A 100-foot minimum buffer is required between all
property lines and compost areas for Type 3 and 4 facilities, 50-foot for Type 1 or 2 facilities.”

Anderson Aggregates is in violation of 15A NCAC 13B .1404(a)(2) in that they are storing material
within the required 50-foot buffer. During the inspection, waste was observed on parcel number
G40000003307 within the required 50-foot buffer to the adjacent property along the northeast
property line.

Based upon the foregoing, Anderson Aggregates shall come into compliance by May 15, 2018
with all requirements of the regulations in 15A NCAC 13B by completing the following:

1. Immediately stop the acceptance of all unapproved wood waste. All unacceptable
waste streams must be removed from the site and disposed of at a proper solid waste
management facility permitted by the Division of Waste Management. Submit all solid
waste management facility receipts where the waste is disposed to:

Kim Sue, Environmental Senior Specialist
610 East Center Avenue, Suite 301
Mooresville, NC 28115
[e-mail]

2. Reduce the existing footprint of the facility so that it occupies no more than two acres of
land on the parcel for the approved notification, while maintaining the required buffers
and reduce the volume of stored material (both processed and unprocessed) to a
maximum volume of 6,000 cubic yards.
3. All waste must be removed from Parcel number G40000003308 as it is not included in
the approved YWN-30-004.

Anderson Aggregates shall provide a written certification with supporting documentation on
company letterhead confirming the noted compliance schedule has been completed. Include in
this certification any actions taken to prevent these violations from occurring in the future. Mail
this certification to Kim Sue, Environmental Senior Specialist NCDENR-Solid Waste Section, 610
East Center Avenue, Suite 301, Mooresville, North Carolina 28115 by the noted compliance date.

The violations listed above were observed by Section staff and require action on behalf of the
facility in order to come into or maintain compliance with the Statutes, Rules, and/or other
regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22,
Anderson Aggregates
Notice of Violation
Page 3 of 3
March 9, 2018

an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the
N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management
facility or a solid waste collection service and any such further relief as may be necessary to
achieve compliance with the North Carolina Solid Waste Management Act and Rules.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.

If you have any questions please contact me at [phone] or e-mail me at
[e-mail].

Sincerely,

Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section