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