HomeMy WebLinkAboutSW_F_SWCD-78-01_20180713_E_NOCAV
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
amanda.freeman@ncdenr.gov.
(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 amanda.freeman@ncdenr.gov.
(c) Excavate all impacted soils and dispose of properly at a permitted municipal
landfill. Please, retain all records of disposal and submit to
amanda.freeman@ncdenr.gov.
(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 amanda.freeman@ncdenr.gov.
(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 amanda.freeman@ncdenr.gov.
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