The URL can be used to link to this page

Home My WebLink About6806_CHR_Questionnaire_20180615Waste Management ENVIRONMENTAL QUALITY 06/12/2018 Allison Lohrenz, Orange County SWM PO Box 17177 Chapel Hill, NC 27516 ROY COOPER Governor MICHAEL S. REGAN Senrtary MICHAEL SCOTT Direcror Re: Compliance History Review, Eubanks Road Convenience Center, Permit # 6806-HHW-2018 Dear Ms. Lohrenz: The agency received your application for the new permit to construct, Permit # 6806-HHW-2018, Under N.C.G.S. § 130A-294 (b2)(2) and 295.3 the agency will be conducting a review to determine Orange County's past compliance with federal and state laws, regulations, and rules, including permit conditions, for the protection of the environment or conservation of natural resources. Enclosed is a preliminary questionnaire for you to complete'for all solid waste management facilities that Orange County has been issued a permit 6y.the Solid Waste Section. Additional follow-up information may be requested. Pleasd be advised that under subsection N.C.G.S. § 130A-294(b3), the agency is not requirdd; to review your application until you have satisfied the agency that you have meir.lhe requirements of subsection (b2). Please email all of the requested information to Natalie.vartanesian( Oncdenr.gov or,spnd by mail to the address below. ti! Sincerely, Digitally signed by f �� Natalie Vartanesian Date: 2018.06.12 14:03:13 -04'00' Natalie Vartanesian, Environmental Specialist 4.;1 Division of Waste Management, NCDEQ foal cc: Ed Mussler, Section Chief �. Jason Watkins, Field Operations Branch Head Shannon Aufman, Permitting Engineer Deb Aja, District Supervisor John Patrone, Environmental Senior Specialist Central File State of North Carolina I Environmental Quality I Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919 707 8200 Compliance History Review — Questionnaire Orange County, 6806-HHW-2018 0611212018 Pg. 2 Compliance Review Orange County is requested to provide the following information for all solid waste management facilities. For purposes of the questions below, the phrase "within the past five years," means five years prior to the date of this request. For each question that is marked with an answer other than 'snot applicable," please provide a written, detailed explanation, including how or if the matter has been resolved. A. The following question applies to all of the applicant's solid waste management (including hazardous waste management) activities. 1. With respect to the applicant's solid waste management activities, check whether the applicant has been a party to or received any of the following within the past five years. If not applicable, mark "N/A": NA a. Compliance Order with a penalty NR b. Compliance order without a penalty NA_c. Order to cease operating NA_d. Order to abate public health nuisance [130A-19]; NiE1_e. Order to abate imminent hazard [130A-20]; NA _f. Order to abate nuisance scrap tire site [130A-309.60]). 01h _g. Administrative Consent Agreement or Settlement Agreement (e.g., may involve revised permit conditions) NA_h. Revocation or suspension of a permit tA i. Denial of a permit application for a solid waste management facility NA_j. Penalty Collection lawsuit (lawsuit to collect an unpaid penalty) _k. Confession of Judgment (for the payment and collection of an unpaid penalty or other monies owed to a special account, such as the scrap tire account or white goods account) NA _I. Injunctive relief or law suit for injunctive relief Nf, _m.Lawsuit for forfeiture of gain (N.C.G.S. §130A-28) NA_n. Lawsuit for recovery of money (N.C.G.S. §130A-27) N'A _o. State Criminal action- misdemeanor or felony (N.C.G.S. 130A-25; 130A-26.1 and 26.2;14-399 N�_p. Federal criminal action -misdemeanor or felony Compliance History Review — Questionnaire Orange County, 6806-HHW-2018 0611212018 Pg. 3 B. [Note: Questions 2 and 3 cover any type of environmental violation.] Check all applicable boxes (ONE MUST BE CHECKED FOR EACH QUESTION). Within the past five years: 2. The applicant has been convicted of, or pled guilty or nc violation of a statuteregulation, conservation of natural resources. , a. in state court b. in federal court N A c, not applicable or rule for the protection of contest to, a criminal the environment or 3. A monetary penalty (whether denominated as a civil penalty, an administrative penalty, a judicial penalty, or by some other designation), has been assessed against the applicant for the violation of a state or federal statute, regulation, rule, including a permit condition, or for the protection of the environment or conservation of natural resources. a. in a state forum _b. in a federal forum mac. not applicable [Note: Questions 4 and 5 will encompass those situations where a(+aiolid waste management facility operated in violation of solid waste management statutes/regulations, as well as water guality, including groundwater and surface water, sedimentation and erosion control, and air quality statutes/regulations, among others.] 4. With respect to any solid waste management facility (including hazardous: �y�ste management) owned or operated by the applicant, a lawsuit for injunctive relief has been filed against the applicant for the violation of a statute, regulation or rule for the protection of the environment or conservation of natural resources. a. in state court _b. in federal court ►,1 c. not applicable >�; Compliance History Review — Questionnaire Orange County, 6806-HHW-2018 0611212018 Pg. 4 5. With respect to any solid waste management facility (including hazardous waste management) owned or operated by the applicant, a judgment, or consent judgment, for injunctive relief has been entered against the applicant for the violation of any statute, regulation or rule for the protection of the environment or conservation of natural resources. a. in state court _b. in federal court # c. not applicable 6. A permit for a solid waste management facility owned or operated by the �? : applicant has been revoked or suspended. a. in a state forum _b. in a federal forum NA c. not applicable 7. An environmental permit for any undertaking other than a solid waste management facility has been revoked or suspended. _a. in a state forum . b. in a federal forum NAr c. not applicable 8. The applicant submitted a permit application for the proposed ownership or operation of a solid waste management facility that has been denied. a. in a state forum b. in a federal forum NJ'c c. not applicable 9. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a solid waste management facility without the requisite permit. _a . yes Nib. not applicable Compliance History Review — Questionnaire Orange County, 6806-HHW-2018 0611212018 Pg. 5 10.A governmental agency or unit has noted the applicant in writing that the applicant has operated or is operating a solid waste management facility outside the scope of the permitted activity. Nl.s.b. not applicable 11.A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a facility or undertaking other than a solid waste management facility without the requisite environmental permit(s). �Q b. not applicable Compliance History Review — Questionnaire Orange County, 6806-HHW-2018 0611212018 Pg. 6 The applicant may be requested to provide a written, sworn statement certifying the status of the matter. If the applicant certifies that the applicant is now in compliance, the applicant may be asked to submit proof from the agency having jurisdiction over the violation that the applicant is in the process of correcting or has corrected the violation to the satisfaction of the agency. The applicant will be asked to certify the truth and accuracy of the answers proA d to these compliance review questions. I, o' tR'T W I Lt if ,.s , hereby certify on behalf of Orange County as Orange County's SOLio wAVrz DIAEc.TpP. (title of position with applicant), that I have read the foregoing answers provided to the Compliance Review, that the information and answers contained in the responses to the Compliance Review are true and accurate based on my own knowledge and my review of documents and that I have not omitted any material information or falsified any information contained in the foregoing anARVVrs. I further certify that I have the requisite authority vested in me by Orange County to bind the corporation to the accuracy and completeness of the information provided herein. I am aware that there are significant penalties for making any false statement, representation, or certification including the possibility of a fine and imprisonment. Signature/printed name and title: State of IJor-F-11 C�r� �� n� County of Duif a,ar rn and subscribed to before me this the IJ day of ��.� 201 g notary public �t,.,�� f�.Ye+recr� My Commission expires: ,2I3 I26Z2 IV- FFIA cooN,,,,��'''