The URL can be used to link to this page

Home My WebLink About34014YWN_NOV_20190712ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director \RtQ�N°E% NORTH CAROLINA Environmental Quality July 12, 2019 CERTIFIED MAIL # 7007-1490-0004-9565-2393 RETURN RECEIPT REQUESTED Mr. Tom Westmoreland, President J. Westmoreland, Inc. 6851 Old Still Trail Kernersville, NC 27284 SUBJECT: Notice of Violation Compliance Inspection Report J. Westmoreland, Inc. Permit ID Number YWN-34-014 Forsyth County Dear Mr. Westmoreland: On June 14, 2019, Susan Heim and Ming-Tai Chao, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section), observed the above referenced facility. Tom Westmoreland, Dustin Mabe, Elizabeth Walter, and Jim Bryan were present and represented the J. Westmoreland, Inc. LCID during this site visit. As a result of this site visit, as well as previous inspections of the facility by Susan Heim on October 25, 2018 and November 2, 2018, the following violations were noted: A. 15A NCAC 13B .1402(g)(3) states, in part, that a permit is not required for small Type 1 facilities that occupy less than two acres of land and process or store less than 6,000 cubic yards of material per quarter. J. Westmoreland, Inc. is in violation of 15A NCAC 13B .1402(g)(3) for processing or storing more than 6,000 cubic yards of material per quarter. The current stockpile of windrowed material exceeds the 6,000 cubic yard limit. Through observations made during this site visit and previous inspections, and by measuring the size of the windrows seen in aerial photographs taken in February 2019, it is estimated that the processed wood waste in the four distinct windrows in the compost area alone is at least 8,000 cubic yards. In addition, piles of processed and NORTH CAROL INAD_E QWA) Oepartmenl pt Enviranmanta113Mity North Carolina Department of Environmental Quality I Division of Waste Management Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 J. Westmoreland, Inc. LCID Notice of Violation Page 2 of 3 July 12, 2019 unprocessed wood waste and wood grinding operations were observed to be staged in other areas of the site. B. 15A NCAC 13B .1402(g)(3) states, in part, that a permit is not required for small Type 1 facilities that occupy less than two acres of land and process or store less than 6,000 cubic yards of material per quarter. J. Westmoreland, Inc. is in violation of 15A NCAC 13B .1402(g)(3) for operating a small Type 1 facility that occupies more than two acres of land without a permit. Based on the review of aerial photographs, the compost area, located to the southwest of the asphalt/marble stockpile area, occupies approximately two acres of land. The total acreage of the facility is increased by additional wood waste stockpiles and operations located in various areas throughout the site. Based upon the foregoing, the J. Westmoreland, Inc. shall come into compliance with all requirements of the regulations in 15A NCAC 13B by completing the following within the timeframes specified below in items 1 through 4: 1. Immediately cease accepting waste at the yard waste/compost facility. 2. By August 31, 2019, submit a site plan that clearly delineates the boundary and size of the compost area where all windrows and wood waste stockpiles are staged and grinding operations take place. 3. By August 31, 2019, remove all wood waste (including processed and unprocessed materials) that exceeds 6,000 cubic yards and properly dispose of it at a facility that is permitted to accept it. 4. By August 31, 2019, provide copies of disposal receipts for all waste removed from the yard waste/compost facility for proper disposal to Susan Heim. 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. I � NORTH ARa N D_E IW�/ Aj oeaanmem of 1 auar\ /— North Carolina Department of Environmental Quality I Division of Waste Management Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 J. Westmoreland, Inc. LCID Notice of Violation Page 3 of 3 July 12, 2019 Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct follow-up inspections to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions please contact me at 336-776-9672, or via e-mail at susan.heim@ncdenr.gov. Sincerely, Dig pally signed by Susan Heim DN: cn=Susan Heim, o=Solid Waste Section, ou=Field Operations Branch, ma l-susan.heim@ncdenr.go, ec=US Date: 2019.07.12 09:38:24 -04,00, Susan Heim Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Deb Aja, Western District Supervisor Jessica Montie, Compliance Officer Ming-Tai Chao, Permitting Engineer N.H H AHa IN EQ� oepzdment pf Emimnmental Ouali� North Carolina Department of Environmental Quality I Division of Waste Management Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800