30004YWN_NOV_20180724

July 24, 2018

CERTIFIED MAIL # 7016 1370 0000 2590 0012
RETURN RECEIPT REQUESTED

Mr. Chris Anderson
PO Box 638
Mocksville, NC 27028

SUBJECT: Notice of Violation
Anderson Aggregates, LLC
Formerly YWN30004
Davie County

Dear Mr. Anderson:

On March 9, 2018, the Section issued a Notice of Violation letter to Chris Anderson of Anderson
Aggregates, LLC regarding facility violations. On July 17, 2018, Kim Sue and Deb Aja representing
the State of North Carolina, Division of Waste Management Solid Waste Section (Section), met
with you at the above referenced facility at 872 Main Church Road in Mocksville, North Carolina,
for compliance with North Carolina solid waste statutes and rules. Taylor Hartsfield with the
Division of Air Quality was also present during the meeting. During the meeting you stated that
you did not submit the annual notification to operate YWN30004 prior to June 1, 2018, and, that
the facility has continued to receive unpainted and untreated wood. You also stated that the
facility has continued to receive the wastes that were cited in violation of 15A NCAC
13B .1402(f)(1) in the March 9, 2018 Notice of Violation (engineered wood waste, plywood,
oriented strand board, and industrial wood waste). Both ground and unprocessed wastes
consisting of medium density fiber board waste, plywood, oriented strand board, painted
materials, and other industrial process wastes, and plastic strapping were observed on site during
the meeting.

Anderson Aggregates, LLC
Notice of Violation
Page 2 of 4
July 24, 2018

The following violations were noted:

A. 15A NCAC 13B .1402(g)(3)(A) states: (g) A permit is not required for the following
operations:
(1) Backyard Composting.
(2) Farming operations and silvicultural operations where the compost is produced from
materials grown on the owner's land and re-used on the owner's land or in his
associated farming operations and not offered to the public.
(3) Small Type 1 Facilities meeting the following conditions:
(A) Notification of the Solid Waste Section prior to operation and on an annual
basis as to:
(i) Facility location;
(ii) Name, address and phone number of owner and operator;
(iii) Type and amount of wastes received;
(iv) Composting process to be used; and
(v) Intended distribution of the finished product.

Anderson Aggregates, LLC is in violation of 15A NCAC 13B .1402(g)(3)(A) in that they accepted
unpainted and untreated wood waste without having provided notification of the Solid Waste
Section prior to operation and on an annual basis.

B. 15A NCAC 13B .0201(a) states: No person shall treat, process, store, or dispose of solid
waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a
solid waste management facility permitted by the Division for such activity, except as provided
in G.S. 130A-294(b).

Anderson Aggregates, LLC is in violation of 15A NCAC 13B .0201(a) in that they processed and
stored solid waste (medium density fiber board waste, plywood, oriented strand board, painted
materials, and other industrial process wastes, and plastic strapping) at a facility other than a
solid waste management facility permitted by the Division for such activity.

C. 15A NCAC 13B .0201(b) states: No person shall cause, suffer, allow, or permit the
treatment, storage, or processing of solid waste upon any real or personal property owned,
operated, leased, or in any way controlled by that person without first having been issued a
permit for a solid waste management facility from the Division authorizing such activity, except
as provided in G.S. 130A-294(b).

Anderson Aggregates, LLC
Notice of Violation
Page 3 of 4
July 24, 2018

Anderson Aggregates, LLC is in violation of 15A NCAC 13B .0201(b) in that they caused the storage
and processing of solid waste (medium density fiber board waste, plywood, oriented strand
board, painted materials, and other industrial process wastes, and plastic strapping) on property
owned and operated by Anderson Aggregates, LLC without first having been issued a permit for
a solid waste management facility permitted by the Division for such activity.

D. 15A NCAC 13B .0201(c) states: No solid waste management facility shall be established,
operated, maintained, constructed, expanded, or modified without a currently valid permit
issued by the Division for the specified type of disposal activity. It is the responsibility of every
owner and operator of a proposed solid waste management facility to apply for a permit for
the facility. The term "owner" shall include record owners of the land where the facility is
located or proposed to be located and holders of any leasehold interest, however denominated,
in any part of the land or structures where the facility is located or proposed to be located.
Anderson Aggregates, LLC is in violation of 15A NCAC 13B .0201(c) in that they established,
operated, and maintained a solid waste management facility without a currently valid permit
issued by the Division and did not apply for a permit for the facility.

Based upon the foregoing, Anderson Aggregates, LLC shall come into compliance by dates
indicated with items 1 - 3 with all requirements of the regulations in 15A NCAC 13B .1402(g)(3)(A),
15A NCAC 13B .0201(a), 15A NCAC 13B .0201(b), and 15A NCAC 13B .0201(c), by completing the
following:

1. Immediately cease receiving wastes at the facility until such time as a permit is issued or
the facility is authorized to return to operation by the Section.
2. Submit a permit application within 30 days of receipt of this Notice of Violation [NOV], or,
if a permit application is not submitted then remove all wastes from the facility within 90
days of receipt of this NOV. As part of the permit application process provide detailed
information regarding the sources of wastes coming to the facility and end-user
information. Upon any issuance of a solid waste management facility permit, notification
YWN30004 will be absolved. As part of waste removal activities contact Deb Aja at (828)
296-4702 for any specific additional requirements to prevent impacts to public health and
the environment. Provide receipts for final disposition of the wastes.
3. The facility must be in compliance with G.S. 130A-309(5)(c) for speculative accumulation
within the timeframes stated in the law in that seventy-five percent (75%), by weight or
volume, of the material stored at a facility at the beginning of a calendar year commencing
January 1, shall be removed from the facility through sale, use, or reuse by December 31
of the same year.

The violations listed above were observed by Section staff and require action on behalf of
Anderson Aggregates, LLC in order to come into or maintain compliance with the Statutes, Rules,

Anderson Aggregates, LLC
Notice of Violation
Page 4 of 4
July 24, 2018

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.

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, Environmental Program Consultant – Solid Waste Section
Allen Gaither, Permitting Engineer – Solid Waste Section