S_F_SWCD7801_2018-07-13_E_O

State of North Carolina | Environmental Quality | Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919 707 8200
ROY COOPER
Governor MICHAEL S. REGAN
Secretary MICHAEL SCOTT
Director

July 13, 2018

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0820 0000 2474 1190

Enviro-Choice Recycling, LLC
Attn: Cody Hunt
P.O. Box 390
Lumberton, NC 28360

SUBJECT: Notice of Continuing and Additional Violation
Enviro-Choice Recycling, LLC
SWCD-78-01
Compost Demo
Robeson County

Dear Mr. Hunt:

On June 11, 2018, the State of North Carolina, Division of Waste Management Solid Waste
Section (Section) issued a Notice of Violation letter to Cody Hunt, Enviro-Choice Recycling, LLC
(ECR) regarding facility violations. The Solid Waste Section conducted follow-up inspections of
the site on June 19, 2018 and July 09, 2018. Due to the fact that the violations noted in the NOV
letter, dated June 11, 2018, have not been corrected at this time and the additional violation
noted below, you are hereby notified that the Section intends to move forward in the
enforcement process.

Section 13B .0836(b) Septage detention and treatment facilities shall be designed, located,
constructed, and operated in accordance with the standards specified in Rule .0841 of this
Section.

ECR is in violation of the above rule in that a solidification pit was built without approval from
the Section to modify either the SDTF-78-22 or SLAS-78-22 permits as instructed in the June 13,
2018 email correspondence from Ed Mussler, Solid Waste Section Chief and the June 25, 2018
email from Connie Wylie, Soil Scientist.

In order to potentially abate any further action forthcoming, it is recommended that the
corrective actions in the NOV letter and listed below be taken immediately upon receipt of this
notice:

Enviro-Choice Recycling, LLC
Notice of Continuing Violation
Page 2 of 3
July 13, 2018

1. Immediately cease operation of the compost demo until such a time that the facility
demonstrates compliance as follows:

(a) Immediately contact Donna Wilson, Permitting Engineer to redesign a
containment pond/area for leachate that ensures separation from ground water
and ensures no leachate or runoff can overflow the area. Please, send copies of
all documents for the approved redesigned detention area to
[e-mail].
(b) Pump leachate out of the runoff detention area and dispose of the leachate at
a permitted waste water treatment facility. Please, retain all records of disposal
and submit to [e-mail].
(c) Excavate all impacted soils and dispose of properly at a permitted municipal
landfill. Please, retain all records of disposal and submit to
[e-mail].
(d) Remove all septage and compost solids from the compost demo area. These
materials shall be disposed of properly at a permitted municipal landfill and/or
another permitted compost facility that can accept these materials. Please, retain
all records of disposal and submit to [e-mail].
(e) Compost pad shall be constructed and certified to match the approved design
and all records submitted to the Section.
(f) Perimeter berms shall be constructed to the approved size and using the
approved materials.

Composting operations shall not be resumed at the demo site until all corrective actions are
completed, a preoperational meeting has been conducted with the Regional Environmental
Senior Specialist, Amanda Freeman, and ECR has received a Resolution of Violation Letter.
Further, the solidification pit cannot be used to manage septage or any other waste material
until it is contained within an approved permit.

Be advised that pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day
may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or
all responsible parties may also be subject to enforcement actions including penalties, injunction
from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid
Waste Management Act and Rules.

We solicit your cooperation and would like to avoid taking further enforcement actions. At the
same time, it is your responsibility to comply with the requirements of the General Statutes
and/or the North Carolina Administrative Code. If you have any questions regarding this matter,
please feel free to contact me at 910-433-3350 or e-mail [e-mail].

Enviro-Choice Recycling, LLC
Notice of Continuing Violation
Page 3 of 3
July 13, 2018

Sincerely,

Amanda Freeman
Environmental Senior Specialist
Division of Waste Management – Solid Waste Section

Attachment: SWS Inspection Report SWCD7801_INSP_20180709

E-copies: Ed Mussler, Solid Waste Section Chief
Sherri Stanley, Permitting Branch Head
Jason Watkins, Field Operations Branch Head
Adam Ulishney, Environmental Compliance Branch Head
Andrew Hammonds, Eastern District Supervisor
Jessica Montie, Environmental Program Consultant
Donna Wilson, Permitting Engineer
Shawn McKee, Environmental Senior Specialist
Connie Wylie, Soil Scientist
Eric Locklear, ECR
Matthew Markus, ECR

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 4

UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost X SLAS COUNTY: Robeson
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: SWCD-7801
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: July 09, 2018 Date of Last Inspection: June 19, 2018

FACILITY NAME AND ADDRESS:
Enviro-Choice Compost Demo
3330 Saddletree Rd, Lumberton, NC 28360

GPS COORDINATES: N: 34.705350 ° W: -79.035623 °

FACILITY CONTACT NAME AND PHONE NUMBER:
Cody Hunt, [phone]

FACILITY CONTACT ADDRESS:
P.O. Box 390, Lumberton, NC 28359

PARTICIPANTS:
Amanda Freeman, NC DEQ, Solid Waste Section

STATUS OF PERMIT:
SWCD-78-01 Compost Demonstration Approval Condition: (1) The approval period is from April 1, 2018 to March 31, 2019.

PURPOSE OF SITE VISIT:
Follow Up Inspection

STATUS OF PAST NOTED VIOLATIONS:

Section 13B .1406(1)(A) states that: “construction plans and conditions of permit must be followed.”: Unresolved
Section 13B .1406(4) states that: “leachate shall be contained on site treated to meet standards of the off-site disposal
method.”: Unresolved
Section 13B .1406(4) states “A site shall only accept those solid wastes that it is permitted to receive”: Resolved
SWCD-78-01 Compost Demonstration Approval Condition #9 states “The area which will be used the Compost
Demonstration must be clearly delineated on that field with posts such that septage is not sprayed within the
composting area.”: Unresolved

OBSERVED VIOLATIONS:

Section 13B .0836(b) Septage detention and treatment facilities shall be designed, located, constructed, and operated
in accordance with the standards specified in Rule .0841 of this Section.

Enviro-Choice Recycling, LLC (ECR) is in violation of the above rule in that a solidification pit was built without approval
from the Section to modify either the SDTF-78-22 or SLAS-78-22 permits as instructed in the June 13, 2018 email
correspondence from Ed Mussler, Solid Waste Section Chief and the June 25, 2018 email from Connie Wylie, Soil
Scientist.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 4

ADDITIONAL COMMENTS
1. The purpose of this inspection was to follow up on corrective actions specified in the Notice of Violation Letter
dated June 11, 2018.
2. On June 25, 2018 Connie Wylie sent ECR staff an email correspondence, in response to a voicemail left by ECR,
stating that it would not be possible to construct a solidification pit without first modifying the SDTF-78-22
permit or applying for a full compost permit. At the time of this inspection a solidification pit had been built
within the compost demo area.
3. At the time of this inspection leachate was observed in what was reported by ECR staff to be the detention
area/pond. Based on the information submitted in the compost demo application this area only has a minimum
of 18 inches of separation to groundwater. ECR shall ensure leachate is not infiltrating the groundwater and no
leachate or runoff can overflow this area.
4. Mulch and/or yard waste shall not be used to build the soil berm and must be removed and managed as an
unprocessed feed stock.
5. Any alterations Enviro-Choice would like to make to the compost demo must be submitted in writing to Donna
Wilson, Solid Waste Section, Permitting Engineer. Alterations to the site may not be made until Enviro-Choice
has received written approval of the changes from the SWS Permitting Branch.
6. The compost area must be properly constructed per the specifications listed in the approved compost demo
application. This includes but, it not limited to the composting pad, sediment trap and detention area/pond and
the soil berm which were incomplete at the time of this inspection.
7. Specific requirements to come into compliance with this inspection report and previous correspondence is
provided in the subsequent Notice accompanying this report.

Please, contact me if you have any questions or concerns regarding this inspection report.

_____________________________________________ Phone: [phone] _

Amanda Freeman
Environmental Senior Specialist
Regional Representative

Sent on: 7/13/18 Email Hand
delivery
US
Mail
X Certified No.
[70090820000024741190]

The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance
with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 4

Attachments: SWS Email Correspondence SWCD7801_COR_20180613
SWS Email Correspondence SWCD7801_COR_20180625

E-Copies: Ed Mussler, Solid Waste Section Chief
Sherri Stanley, Permitting Branch Head
Jason Watkins, Field Operations Branch Head
Adam Ulishney, Environmental Compliance Branch Head
Andrew Hammonds, Eastern District Supervisor
Jessica Montie, Environmental Program Consultant
Donna Wilson, Permitting Engineer
Shawn McKee, Environmental Senior Specialist
Connie Wylie, Soil Scientist
Eric Locklear, ECR
Matthew Markus, ECR

Solidification mixing pit.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 4

Leachate in the unfinished runoff area/pond.

Septage/compost material to be removed from the demo and properly disposed.
From:Mussler, Ed
To:Cody Hunt
Cc:Freeman, Amanda;Watkins, Jason;Wilson, Donna;Hammonds, Andrew;Matthew Markus
Subject:RE: [External] ECR Composting Demo
Date:Wednesday, June 13, 2018 3:19:51 PM
Mr. Hunt,
Thank you for the email. I would direct you to Connie Wylie, she can assist you in the location and
permitting of the pit. We believe it should be at the SDTF area as the compost is only a demo at this
point. It may be beneficial to adjust the operating parameters at the dewatering box or run the
material twice to achieve the required product for inclusion in the compost.

From: Cody Hunt [mailto:[e-mail]]
Sent: Monday, June 11, 2018 4:12 PM
To: Mussler, Ed <[e-mail]>
Cc: Freeman, Amanda <[e-mail]>; Watkins, Jason
<[e-mail]>; Wilson, Donna <[e-mail]>; Hammonds, Andrew
<[e-mail]>; Matthew Markus <[e-mail]>
Subject: [External] ECR Composting Demo
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.
Mr. Mussler,
A few months ago we (it may have been Mrs. Donna) discussed a solidification pit over the
phone and I was told it wouldn't require a formal permit. We want to put in an in groundmixing chamber to help with initial leachate generation. However since we would like to put it
within the exitsting composting demo area; Mrs. Freeman recomended we get some formalacknowledgment. Please see attached design we will be utilizing. Location is shown in the
attached image.
Thanks for your time,
Cody HuntEnviro-Choice Recycling