8607TIRETP2013_INSP_20180912

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

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: September 12, 2018 Date of Last Inspection: August 7, 2018

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
Tim Cagle, Plant Manager – New River Tire Recycling, LLC
Charles Gerstell, 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:
Partial Inspection

STATUS OF PAST NOTED 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 performed on August 7, 2018, 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 was
found 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 3

To achieve compliance, New River Tire Recycling, LLC was required to remove all residuals from the storm drains and
install measures at all storm drains to prevent residuals from depositing into the devices within 15-days of receipt of the
previous inspection report.

Inspection of the facility on September 12, 2018 found that catch filters had been installed within the storm drains on
the south side of the facility to prevent material from depositing into the devices. All residuals previously observed
within the catch basins had been removed and the devices were free of deposits. Therefore, this violation is
considered resolved.

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 performed on August 7, 2018, 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. Therefore, New River Tire Recycling, LLC
was found 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.

To achieve compliance, New River Tire Recycling, LLC was required to provide a 50-foot wide fire lane around the
perimeter of all scrap tire piles and piles of processed tires within 15-days of receipt of the previous inspection report.

Inspection of the Facility on September 12, 2018 found significant improvement in site conditions. Tires previously
observed against the north wall had been removed. Only a small pile of tires on rims were observed against the wall at
the northwest corner. Most of the pile of processed tire chips with metal previously observed against the south had been
removed with only a small amount left.

Mr. Bryant explained that conversations between he and Mr. Doug Jones, Surry County Fire Marshall, revealed that the
Fire Marshall’s office would not take issue with tires and processed material being located directly against perimeter
walls where there was no occupied structure on the opposite side. Mr. Bryant asked if such a condition could be
approved by the Solid Waste Section. In order for the Solid Waste Section to consider storage of material against
perimeter walls, New River Tire Recycling, LLC would need to submit an official request to the Section for approval.
In order to completely resolve the above violations, within 10-days of receipt of this inspection report, all
remaining tires must be removed from the perimeter walls and a 50-foot fire lane provided or a written request
to allow tires to be placed against perimeter walls must be submitted to the Solid Waste Section for approval.
Any written request must include documented approval by the Surry County Fire Marshall’s. Please submit any
request to:
Allen Gaither, Environmental Engineer
2090 US Highway 70
Swannanoa, North Carolina 28778
[e-mail]

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 3

OBSERVED VIOLATIONS:
No new violations observed.

ADDITIONAL COMMENTS

1. The facility is a Scrap Tire Collection and Processing Facility for the collection and processing of scrap tires.
2. This was a partial inspection to evaluate efforts to comply with the violations observed during the previous
inspection performed on August 7, 2018. Please refer to “Status of Past Noted Violations” for comments.
3. The facility is permitted to received scrap tires from all states within the United States.
4. The facility had proper signage.
5. Gates were provided at both entrances to the facility to prevent unauthorized access.
6. A chain-length fence is provided around the entire perimeter of the facility to prevent unauthorized access.
7. During the inspection, a small amount of standing water was observed within the indoor processing area.
However, no standing water was observed in the maintenance/storage room as observed during the previous
inspection.
8. During the previous 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 New River Tire Recycling, LLC was required remove all demolition waste must be removed for disposal
at a solid waste facility permitted by the Division within 30-days of receipt of the previous inspection
report to avoid a violation of 15A NCAC 13B .0104(f).
x During the September 12, 2018 inspection, Mr. Bryant stated that some of the waste had been removed,
and the remaining waste would be removed for disposal prior to the end of the 30-day deadline from
issuance of the previous inspection report.
9. 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.
10. The grounds surrounding the exterior of the building were well maintained.

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: 9/21/18 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
Allen Gaither, Environmental Engineer – Solid Waste Section
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.
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: 2018.09.21 13:37:39 -04'00'