8607TIRETP_INSP_20180807

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: Surry
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 8607-TIRETP-2013
CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: August 7, 2018 Date of Last Inspection: August 2, 2017

FACILITY NAME AND ADDRESS:
New River Tire Recycling, LLC
312 East 52 Bypass
Pilot Mountain, North Carolina 27041

GPS COORDINATES: N: 36.38591 W: 80.46101

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Ben Bryant, Owner
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 1375
Hillsville, North Carolina 27343

PARTICIPANTS:
Ben Bryant, Owner – New River Tire Recycling, LLC
Charles Gerstell, NCDEQ – Solid Waste Section
Deb Aja, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit To Construct and A Permit to Operate a Scrap Tire Collection and Processing Facility was issued to New
River Tire Recycling, LLC on October 17, 2017. The Permit to Operate shall expire at the close of business December
20, 2019.

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

15A North Carolina Administrative Code 13B .1107(3)(b) states: “Any residuals from a scrap tire collection site shall
be managed so as to be contained on-site, and shall be controlled and disposed of in a permitted solid waste management
facility or properly recycled.”

During the inspection, residuals from the facility (tire fiber, and rubber chips) were observed deposited into three storm
drains located on the south side of the facility. New River Tire Recycling, LLC is in violation of 15A NCAC 13B
.1107(3)(b) in that residuals from the facility were not contained on site and allowed to enter the storm drains.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 5

To achieve compliance, with 15-days of receipt of this inspection report, all residuals deposited into the storm
drains must be removed, and measures must be provided at all storm drains to prevent residuals from depositing
into the devices.

View of residuals deposited on ground to storm drain. View of residuals deposited into storm drain. (photo by
(photo by C. Gerstell taken 8/7/18) C. Gerstell taken 8/7/18)

View of residuals deposited into storm drain west of
previous device. (photo by C. Gerstell taken 8/7/18)

15A North Carolina Administrative Code 13B .1107(2)(b) states: “A 50-foot wide fire lane shall be placed around the
perimeter of each scrap tire pile. Access to the fire lane for emergency vehicles shall be unobstructed and passable at all
times.”

15A North Carolina Administrative Code 13B .1110(a) states in part: “Processed tires stored for recycling or
disposal are subject to the storage requirements specified in Rule .1107 of this Section unless otherwise authorized by the
Division.”

During the inspection, a fire lane was not provided around the perimeter of each scrap tire pile on site and each stockpile
of processed material. Tires were observed directly against the wall on the north side of the outdoor storage area, and a
stockpile of processed tire chips with metal was observed against the wall on the southwest side of the outdoor storage
area adjacent to the loading dock. New River Tire Recycling, LLC is in violation of 15A NCAC 13B .1107(2)(b) and
.1110(a) for failure to provide a 50-foot fire lane around the perimeter of each scrap tire pile and each storage pile of
processed tires.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 5

View of stockpile of tire chip with metal located against View of tires against north wall. (photo be C. Gerstell
wall at southwest corner adjacent to loading dock. (photo taken 8/7/18)
by C. Gerstell taken 8/7/18)

To achieve compliance, within 15-days of receipt of this inspection report, a 50-foot wide fire lane must be
provided around the perimeter of all scrap tire piles and piles of processed tires.

ADDITIONAL COMMENTS

1. The facility is a Scrap Tire Collection and Processing Facility for the collection and processing of scrap tires.
2. The facility is permitted to received scrap tires from all states within the United States.
3. The facility had proper signage.
4. Gates were provided at both entrances to the facility to prevent unauthorized access.
5. The permit and operations plan were verified. Both documents were current and available upon request. Mr.
Bryant maintained the documentation on computer. It is recommended that the documents be printed and
maintained in a location within the facility easily accessible to facility staff in order for staff to review the
document when needed.
6. The Facility Annual Report submitted to the Solid Waste Section for the time period of July 1, 2017 – June 30,
2018 showed a combined total of 548-tons (54,800 tires assuming 100-tires per ton) of processed and unprocessed
tires on site as of June 30, 2018. This is amount is within the permitted maximum of 1,300-tons or 130,000 tires.
x Mr. Bryant submitted additional tonnage information by electronic correspondence on August 17, 2018.
The information showed that as of August 17, 2018, the facility had a combined total of 562.2-tons of
processed and unprocessed tires on site. This is amount is within the permitted maximum of 1,300-tons.
7. An Emergency Preparedness Manual is provided under Appendix L of the approved facility application.
8. The indoor processing area and maintenance/storage area were protected by an overhead sprinkler system and fire
extinguishers.
9. A chain-length fence is provided around the entire perimeter of the facility to prevent unauthorized access.
10. Mr. Bryant explained that facility processes had changed since the last inspection due to market demand.
Therefore, the facility now produces tire fiber and crumb rubber. Tires suitable for resale are stacked on trailers.
He further explained that a large quantity of tires processed during the normal course of business are now directly
off-loaded from covered trailers preventing them from being exposed to weather.
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 4 of 5

11. During the inspection, standing water was observed in the maintenance/storage room and the indoor processing
area. Mr. Bryant explained that the water located in the maintenance/storage room was from rain water coming
through the exterior doorways leading to the room during recent heavy storm events. The standing water in the
indoor processing area was a result of rain water and water used as part of tire processing. Mr. Bryant stated that
plans were to install some ramps at entrances to prevent water from coming in the doorways.
x While the Solid Waste Section understands that there have been multiple recent rain events, and it is
understood that facility operations utilize water, the facility needs to continue to find ways to reduce the
amount of standing water. Please note that Section 2.5 of the approved application for the facility states
that any standing water that develops on site will be removed by means of pumping it, if it remains after
48-hours after a rain event.
12. During the inspection, three pieces of insulation material from the remaining portion of the facility roof were
observed in the grassed field east of the facility. These were immediately removed by Mr. Bryant who explained
that some of this material continues to blow off the roof at various times. Please continue to pick up any insulation
deposited on the ground as it is observed.
13. During the inspection, a pile of demolition waste associated with removal of the roof, and building demolition was
observed on the west side of the facility. This material was observed during past inspections and consisted of
HDPE roofing material, PVC pipe, wood, brick, and metal. Much of the waste was pulverized and unidentifiable.
x The demolition waste was located adjacent to stacks of wooden pallets. Multiple tires were observed
laying on top of the waste and laying on the ground in close proximity to the waste pile.
x Mr. Bryant explained that this material was being hauled to a solid waste management facility for
disposal.
x 15A North Carolina Administrative Code 13B .0104(f) states: “All solid waste shall be stored in such
a manner as to prevent the creation of a nuisance, insanitary conditions, or a potential public health
hazard.” The long-term storage of demolition waste can lead to nuisance conditions such as vector
attraction and can also create insanitary conditions. Storage of demolition waste in close proximity to
pallets, and tires could create a fire hazard becoming a potential public health hazard.
x Therefore, all demolition waste must be removed for disposal at a solid waste facility permitted by
the Division within 30-days of receipt of this inspection report to avoid a violation of 15A NCAC
13B .0104(f).
x Please also note that 15A NCAC 13B .0106 states that the solid waste generator shall be responsible for
the satisfactory storage, collection and disposal of solid waste.
14. Deposited tire fiber was observed along the southern perimeter of the outdoor storage area at the edge of the high
wall. It is recommended that any residuals in this area be removed on a regular basis to prevent material from
being washed on the paved areas below during rain events. Measures should be provided along the edge of the
high wall to prevent residuals from the storage area being washed onto surfaces below to the south.
15. It did not appear that any additional building demolition had occurred since the last inspection.
16. A dust collection system had been installed on site since the last inspection and is located on the exterior of the
indoor processing area near the west entrance to the facility.
17. Please ensure that all scrap tire piles and piles of processed tires have a height not to exceed 10-feet as stated in the
approved application for the facility.
18. On June 6, 2018, the Surry County Fire Marshal’s Office performed a Fire Prevention Inspection and issued a
subsequent report documenting multiple violations/hazards. New River Tire Recycling, LLC was required to
correct all violations/hazards by August 7, 2018.
x Mr. Bryant stated that New River Tire Recycling, LLC was in the process of addressing the concerns
documented by the Surry County Fire Marshal’s Office.
19. The grounds surrounding the exterior of the building were well maintained.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 5

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

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 8/21/18 X Email Hand delivery US Mail Certified No. [ _]

Copies: Jason Watkins, Field Operation Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2018.08.21 10:45:53 -04'00'