HomeMy WebLinkAboutSDTF7822_NOV_20180801
State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, NC 27699-1646
919 707 8200
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
August 1, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Cody Hunt
Enviro Choice dba Brian’s Waste Recycling
P.O. Box 390
Lumberton, NC 28359
SUBJECT: Notice of Violation
Compliance Inspection Report
Enviro Choice dba Brian’s Waste Recycling
SDTF 78‐22
Robeson County
Dear Mr. Hunt:
On July 27, 2018, Connie S. Wylie, 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. Upon exiting the site Ms. Wylie
encountered Mr. Eric Locklear and discussed the violations observed during this inspection. The
following violations were noted:
A. 15A NCAC 13B .0841(j) Septage shall transferred to/from a detention system in a
safe and sanitary manner that prevents leaks or spills of septage, including septage
in pipes used for transferring waste to and from vehicles.
Permit Condition 2 Leaks and spills are the responsibility of the Permittee and shall
be immediately contained, cleaned up, and treated to prevent any contamination
of the surrounding area.
Upon my arrival I observed that the red tank discharge vehicle was connected by a
hose to the Secondary Storage Tank #1. Septage effluent was severely leaking from
the rear outlet of the red tank discharge vehicle onto the dirt path circling the
facility. Significant leaks were also observed at the hose connection to the side of
the red tank vehicle and also at the hose connection at the bottom outlet of
Secondary Storage Tank #1. An odor was noted.
I also observed a septage spill on the ground surface at the back of Primary Storage
Tank #4.
Enviro Choice dba Brian’s Waste Recycling
Notice of Violation
Page 2 of 3
August 1, 2018
State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, NC 27699-1646
919 707 8200
I also observed waste down the front of Primary Storage Tank #1 and there was a
significant septage spill on the ground in front of this tank. Workers began cleaning
the spill areas while I was on site.
B. 15A NCAC 13B .0836(r)(4) Applications for permit modifications shall be required
for changes in size and number of treatment or storage structures.
Permit Condition 10. The storage capacity, construction, treatment methods, and
operation plan of this facility shall be as represented in the permit application. Any
changes shall require a permit modification.
A solidification /mixing pit has been constructed at the front end of Field 5 beside
the compost area. This concrete pit is not covered under a site permit and during
this visit I observed a significant amount of septage waste stored in it. Enviro Choice
was previously informed not to utilize this pit for any septage waste until this area
was included in a permit issued by the Division.
Based upon the foregoing, Enviro Choice dba Brian’s Waste Recycling, shall come into compliance
within 7 days of receipt of this letter with all requirements of the regulations in 15A NCAC 13B
.0841(j) and .0836(r) by completing the following:
1‐ All septage waste (liquid or solid) and contaminated soil shall be completely cleaned up
from the three spill areas and disposed of in a manner consistent with the NC Solid
Waste Management Rules. The transfer of septage to and from a facility shall be
conducted in a safe and sanitary manner that prevents leaks or spills of septage as
stated within Rule 15A NCAC 13 B .0841(j). Review procedures and make any needed
operational changes to prevent septage spills at this facility.
2‐ Completely empty the solidification/mixing pit of all septage waste (liquid and solid)
which shall be disposed of in a manner consistent with NC Solid Waste Management
Rules. No septage waste shall be placed in this concrete pit until the area is covered
under a permit modification for Septage Detention & Treatment Facility Permit #78‐22
and the new permit is issued by the Division.
3‐ Submit to this office a SDTF application and a revised operation manual (to include
information regarding the use of this pit in the waste process) for the permit
modification. No waste types, other than septage, shall be allowed in the
solidification/mixing pit while it is included in SDTF permit #78‐22.
Enviro Choice dba Brian’s Waste Recycling
Notice of Violation
Page 3 of 3
August 1, 2018
State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, NC 27699-1646
919 707 8200
Enviro Choice dba Brian’s Waste Recycling 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 Connie S. Wylie, DWM/SW, Fayetteville Regional
Office, 225 Green Street, Suite 714, Fayetteville, NC 28301 by August 17, 2018.
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,
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 to verify that the facility has completed the requirements of this Notice of
Violation.
If you have any questions please contact me at (910) 433‐3352 or e‐mail
connie.wylie@ncdenr.gov.
Sincerely,
Connie S. Wylie
Environmental Specialist II
Division of Waste Management ‐ Solid Waste Section
copies: Adam Ulishney, Environmental Compliance Branch