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HomeMy WebLinkAboutNCS01398_NOV_20190211North 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 February 15, 2019 CERTIFIED MAIL 7016 1370 0001 6571 5651 RETURN RECEIPT REQUESTED James Murphy, Operations Manager 212 Bulb Avenue Gastonia, NC 28052 SUBJECT: Notice of Violation Compliance Inspection Report United Site Services NCS-01398 Gaston Dear Mr. Murphy: On January 24, 2019, Troy Harrison, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with North Carolina solid waste statutes and rules. Marty Poole and Chuck Robinson were present and represented United Site Services during this inspection. The following violations were noted: A. North Carolina General Statute (NCGS) 130A-291.1 (h1) states in part: “A permitted septage management firm shall notify the Department within 10 days of placing a pumper truck in service that was not previously included in a permit issued to the firm and shall make the pumper truck available for inspection by the Department.” United Site Services in violation of NCGS 130A-291.1 (h1) because the pumper vehicles were placed in service greater than 10 days prior to notifying the North Carolina Solid Waste Section. The Department has been notified of placing the pumper trucks in service. 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 United Site Services Notice of Violation Page 2 of 3 February 15, 2019 B. North Carolina Administrative Code (NCAC) 13B .0835 (a)(3) states: “all access ports shall have lids in good repair in accordance with manufacturer specifications and sealed during transportation”. United Site Services was in violation of NCAC 13B .0835 (a) because the vehicles with ID numbers 5404 and 5442 did not have caps on all access ports. Caps were placed on the access ports during the inspection. C. NCAC 13B .0835 (b) states: “All permitted septage management firms shall display lettering on each side of every pumper vehicle operated by the firm. The lettering shall include the firm name, town name, phone number, and septage management firm permit number as shown on the firm application. All lettering required by this Rule on the pumper vehicle shall be no less than three inches in height and legible, distinguishable from the background, and not obstructed from view. Identification shall not be removable (i.e. no magnetic signs).” United Site Services was in violation of NCAC 13B .0835 (b) because the vehicles with ID numbers 196027, S50777, S50778, S50772, S51494, S50920, 196037, S50924, S50775, S50779, S51524, 196028, S51523, S50776, S50923, S50776, S50923, 196036, S50922, S50774, S50812, 196029, S50813, S50771, S50777, S50814 and S50921were observed without correct lettering. Based upon the foregoing, United Site Services shall come into compliance with all requirements of the regulations in 15A NCAC 13B .0535 (a) (3) and 15A NCAC 13B .0535 (b) by completing the following: 1. By March 1, 2019, have the vehicles re-lettered to be in compliance with 13B NCAC 13B .0535(b), 2. Attendance by two United Site Services Gastonia Facility Supervisors at a New Septage Firm Operators class on March 7, 2019 in Fayetteville, NC. Please contact Connie Wylie at 910-433-3352 or connie.wylie@ncdenr.gov to register. 3. By March 1, 2019 contact Troy Harrison at 828-296-4701 or troy.harrison@ncdenr.gov to arrange a follow-up of all twenty-seven (27) septage pumper trucks that failed the lettering requirements. 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 United Site Services Notice of Violation Page 3 of 3 February 15, 2019 4. By March 8, 2019, United Site Services shall provide a written certification with supporting documentation on company letterhead confirming the noted compliance schedule has been completed. Include in this certification any actions taken to prevent these violations from occurring in the future. Mail this certification to: Troy Harrison, Environmental Specialist II 2090 US Highway 70, Swannanoa, NC 28730 Or by email to troy.harrison@ncmail.gov The violations 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions, please contact me at 828-296-4701 or e-mail troy.harrison@ncdenr.gov. Sincerely, Troy Harrison Environmental Specialist II Division of Waste Management - Solid Waste Section copies: Adam Ulishney, Environmental Compliance Branch Head Connie Wylie, North Carolina Solid Waste Section Chester Cobb, North Carolina Solid Waste Section Marty Poole United Site Services