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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