NCS00307_NOV_20190516

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

May 16, 2019

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Chad Kendrick
Kendrick’s Sanitation Service
3637 Durham Road
Roxboro, NC 27573

SUBJECT: Notice of Violation
Compliance Inspection Report
Kendrick’s Sanitation Service
NCS-00307
Person County

Dear Mr. Kendrick:

On May 10, 2019, Mr. Chester Cobb, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, inspected the above referenced facility for compliance with
North Carolina solid waste statutes and rules. Mr. Matthew Kendrick was present and
represented Kendrick’s Sanitation Service during this inspection. The following violation(s) were
noted:

A. 15A NCAC 13B .0838(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).” A complaint was received of Kendrick’s Sanitation Service operating a pumper vehicle that was not lettered as required by Septage Management Rules. On May 7, 2019, I contacted the operator of the City of Roxboro WWTP and the operator
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
Kendrick’s Sanitation Service
Notice of Violation
Page 2 of 3
May 16, 2019

confirmed that he had seen a pumper vehicle operated by Kendrick’s Sanitation Service that did not have their information on it. On May 8, 2019, I contacted Kendrick’s Sanitation Service and talked to Mr. Matthew Kendrick about an unlettered pumper vehicle. He mentioned that their new truck had been in a wreck about 10 months ago and that they have been operating a rental pumper vehicle for about 6 months. I informed him that even a rental pumper vehicle must be lettered with the firm information.

B. North Carolina General Statute (N.C.G.S.) 130A-291.1 (h1) states:
“The annual permit application shall identify the pumper trucks to be used by the septage
management firm. 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. A septage management firm is not prohibited from use of a pumper truck
that meets the requirements of the rules adopted by the Commission prior to inspection
by the Department.”

The Division had not received any notification of the placement of another pumper
vehicle in service by Kendrick’s Sanitation Service.

Based upon the foregoing, Kendrick’s Sanitation Service shall come into compliance immediately
with all requirements of the regulations in 15A NCAC 13B .0835(b) and N.C.G.S. 130A-291.1 (h1)
by completing the following:

1. All pumper vehicles in operation must have the firm name, town name, phone number,
and septage management firm permit number on both sides of the vehicle as required
by Rule .0835(b). The lettering must be at least three (3) inches in height, legible, and
not obstructed from view.
2. Any pumper vehicle currently in operation that has not been previously inspected by
the Division, must be taken out of service until inspected and confirmed by the Division
to be in compliance with Septage Management Rules.
3. Notify the Division within ten (10) days of placing a pumper vehicle in service that was
not previously included with a permit issued to Kendrick’s Sanitation Service.

The violations listed above were 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
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
Kendrick’s Sanitation Service
Notice of Violation
Page 3 of 3
May 16, 2019

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 to verify that the facility has completed the requirements of this Notice of
Violation.

If you have any questions, please contact me at 919-707-8283 or e-mail
[e-mail].

Sincerely,

Chester R. Cobb
Environmental Program Consultant
Division of Waste Management - Solid Waste Section

copies: Adam Ulishney, Environmental Compliance Branch Head