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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'