HomeMy WebLinkAboutSLAS1602_NOD_20190507North 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
May 07, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. W. Keith Garner and Mr. Morgan Garner
Garner Construction Company
5970 Highway 70
Newport, NC 28570
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Garner Construction Company
SLAS-16-02
Carteret County
Dear Sirs:
On April 22, 2019, Mr. Chester Cobb, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, met with Mr. Keith Garner, Mr. Morgan Garner, and Ms. Janie
Black with Garner Construction Company concerning septage land application logs for the above
referenced facility that had been submitted as required for permit renewal. The following
violation was discussed:
A. 15A North Carolina Administrative Code (NCAC) 13B .0842(b)(1) states:
“Maximum land application rates for septage shall be determined based upon the
following: (1) domestic septage land application rates shall be in accordance with 40 CFR
503.12(c).” The maximum annual application rate for this site is noted in Permit Condition 7
as “The maximum annual application rate shall be 50,000 gallons per acre per year…”
Based on the review of the land application records, it was noted that the maximum annual
application amount for Field 1 was exceeded by 4,650 gallons in 2014, 10,950 gallons in
2015, and 85,650 gallons in 2017. The computer logs were updated at time of meeting.
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
Garner Construction Company
Notice of Deficiency
Page 2 of 2
May 7, 2019
The above violation may have or can compromise the facility’s ability to ensure protection of the
public health and the environment and thus require remedial action on behalf of the facility to
maintain compliance with 15A NCAC 13B .0842(b)(1). To resolve this issue, Garner Construction
Company must take the following actions:
1. Ensure that the maximum annual application rate and amount is not exceeded for each
field.
The violation listed above was observed by Section staff and require action on behalf of the
facility 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.
If you have any questions, please contact me at 919-707-8283 or e-mail
Chester.Cobb@ncdenr.gov.
Sincerely,
Chester R. Cobb
Environmental Program Consultant
Division of Waste Management - Solid Waste Section
copies: Adam Ulishney, Environmental Compliance Branch Head
John Farnell, Environmental Specialist II