8607TIRETP2013_INSP_20181010

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: October 10, 2018 Date of Last Inspection: September 12, 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
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(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.”

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

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.

During the September 12, 2018 inspection, 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. Therefore, it was requested that within 10-days of receipt of the previous inspection
report, all remaining tires 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 be submitted to the Solid Waste Section for approval.

An initial request to store tires against unoccupied walls was submitted to the Solid Waste Section by Mr. Ben Bryant
on September 25, 2018. However, additional information was requested in the form of an official letter from the Surry
County Fire Marshal providing proof that the subject request would be permissible by the Fire Marshal’s Office. Mr.
Bryant submitted a subsequent e-mail on September 26, 2018 which included a letter from the Surry County Fire
Marshal’s Office showing the request was permissible. The intent of .1107(2)(b) is for fire response access, and the
Surry County Fire Marshal’s Office has determined that the buffer is not required under State Fire & Building
Code at this facility, therefore the Section authorizes an alternative distance as allowed in .1110(a) resolving the
previously cited violation. Thank you for your cooperation in this matter.

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 unresolved violations originally observed
during an 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.
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

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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. Intermittent heavy rain was falling at the time of inspection.
8. During the August 7, 2018 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.
x Inspection of the facility on October 10, 2018 found that all demolition waste within the area of
concern had been removed from the facility. Please ensure that any future wastes generated from
demolition activities is efficiently removed to an approved waste facility permitted by the Division.
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. As noted above under “Status of Past Noted Violations,” an official request was submitted to the Solid Waste
Section requesting approval to store tires against facility perimeter walls with no occupied structure on the opposite
side. In order to ensure that on-site practices do not conflict with the Operations Plan and Permit, please
submit a revised facility map with tire storage pile layout and revised Operations Plan clearly showing and
documenting the change in storage practices. This information should be submitted to:

Allen Gaither, Environmental Engineer
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
[e-mail]

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: 10/15/18 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
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: 2018.10.15 12:17:43 -04'00'