NCS00735_NOV_20190521

May 21, 2019

CERTIFIED MAIL 7008 1140 0002 3401 2607
RETURN RECEIPT REQUESTED

James W. Faulk
PO Box 684
Tabor City, NC 28463

SUBJECT: Notice of Violation
Compliance Inspection Report
PVI Enterprises
NCS-00735
Columbus County

Dear Mr. Faulk:

On May 20, 2019, Mr. John Farnell, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, inspected the business office at 13603 Swamp Fox Hwy E for
compliance with North Carolina solid waste statutes and rules. Mr. James W. Faulk was present
and represented PVI Enterprises during this inspection. The following violation(s) were noted:

A. 15A NCAC 13B .0832(h) states “Washings from the interior of septage handling
containers such as pump trucks shall be managed as septage.” Evidence of septage observed behind business location of 13603 Swamp Fox Hwy E. Employees stated that they clean out the pump tanks behind the business.
B. N.C.G.S. 130A‐291.1(d) Septage shall be treated and disposed only at a wastewater
system that has been approved by the Department under rules adopted by the Commission
or by the Environmental Management Commission or at a site that is permitted by the
Department under this section. A permit shall be issued only if the site satisfies all of the
requirements of the rules adopted by the Commission.

PVI Enterprises Notice of Violation Page 2 of 3 May 21, 2019

The area behind the business is not a permitted disposal facility or site for septage.

C. 15A NCAC 13B .0840(a) states “No person shall establish, or allow to be
established upon any real property owned, operated, leased, or controlled by that
person, a septage management facility to treat, manage, store, or dispose of septage,
or any component of septage, unless a permit has been obtained from the Division.
Septage shall not be disposed of by trenching or burial.” The area behind the business is not a permitted disposal facility or site for septage. Also, a trench had been dug to contain the washings from the pump tanks. Based upon the foregoing, PVI Enterprises shall come into compliance within 30 days of receipt
with all requirements of the regulations in 15A NCAC 13B .0832(h), N.C.G.S. 130A‐291.1(d), and
15A NCAC 13B .0840(a) by completing the following:

1. Immediately stop washing septage trucks at the business location of 13603 Swamp
Fox Hwy E.
2. Completely remove all septage and contaminated material (vegetation and soil)
from the discharge area and properly dispose of this waste material at an approved
disposal facility for septage. Hydrated lime shall be spread on the discharge area
after the cleanup has been completed.
3. Document volume of all trucks loads and areas where septage was disposed of
properly.
4. In response to this Notice of Violation, send copies of the documentation to Mr.
John Farnell at 127 Cardinal Drive Extension, Wilmington, NC 28405.

PVI Enterprises 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 Mr. John Farnell at 127 Cardinal Drive Extension, Wilmington, NC 28405 by the
noted compliance time frame.

The violation(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
PVI Enterprises Notice of Violation Page 3 of 3 May 21, 2019

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 910-796-7397 or e-mail at
[e-mail].

Sincerely,

John Farnell, Environmental Specialist II
Division of Waste Management - Solid Waste Section

copies: Adam Ulishney, Environmental Compliance Branch Head
Chester Cobb, Environmental Program Consultant, Raleigh Central Office