HomeMy WebLinkAbout3616_NOV_20180924North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
September 24, 2018
CERTIFIED MAIL 7015 1520 0002 6879 9682
RETURN RECEIPT REQUESTED
Ms. Carole McLeod, President
950 Eagle Road
Waxhaw, NC 28173
SUBJECT: Notice of Violation
Annual Facility Report: FFD II, LLC dba Recycle Carolina
Fiscal Year 2017-2018
Recycle Carolina
Permit No. 3616-Transfer-2013
Gaston County
Dear Ms. McLeod:
North Carolina General Statute 130A-309.09D(b) requires that, on or before 1 August, each solid
waste management facility shall report to the Department, for the previous year beginning 1 July
and ending 30 June, the amount by weight of the solid waste that was received at the facility and
disposed of in a landfill or recovered for recycling. On August 15, 2018, a Notice of Deficiency
was issued to you for failure to submit the facility annual report. As of this date, the Transfer
Station Annual Report has not been received. Therefore, Recycle Carolina is in violation of the
following:
A. North Carolina General Statute 130A-309.09D(b) states: “On or before 1 August,
the owner or operator of a privately owned solid waste management facility shall
report to the Department, for the previous year beginning 1 July and ending 30 June,
the amount by weight of the solid waste that was received at the facility and disposed
of in a landfill, incinerated, or converted to fuel. To the maximum extent practicable,
the reports shall indicate by weight the county of origin of all solid waste. The owner
or operator shall transmit a copy of the report to the county in which the facility is
located and to each county from which solid waste originated”.
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Recycle Carolina
Notice of Violation
Page 2 of 2
September 24, 2018
Based upon the foregoing, Recycle Carolina, Permit No. 3616-Transfer-2013, shall come into
compliance by October 5, 2018 with all requirements of the regulations in North Carolina General
Statute 130A-309.09D(b) by completing the following:
1. Submit a completed Facility Annual Report by October 5, 2018 to:
Kim Sue, Environmental Senior Specialist
610 East Center Avenue, Suite 301
Mooresville, NC 28115
kim.sue@ncdenr.gov
The violation listed above was 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 to verify that the facility has completed the requirements of this Notice of Violation.
If you have any questions, please contact me at (704) 235-2163 or e-mail me at
kim.sue@ncdenr.gov.
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, Compliance Officer – Solid Waste Section
Digitally signed by Kim Sue
DN: cn=Kim Sue, o=Division of Solid
Waste, ou=Solid Waste Section,
email=kim.sue@ncdenr.gov, c=US
Date: 2018.09.24 07:44:02 -04'00'