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HomeMy WebLinkAboutSDTF6503_NOV_20190806 August 6, 2019 CERTIFIED MAIL 7018 2290 0001 8296 1383 RETURN RECEIPT REQUESTED ELCP Company Mr. Anthony Loreti PO Box 2151 Carolina Beach, NC 28428 SUBJECT: Notice of Violation Compliance Inspection Report ELCP Company SDTF-65-03 New Hanover County Dear Mr. Anthony Loreti: On July 31, 2019, Mr. John Farnell, 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 in response to a complaint received about the facility that same day. Mr. Anthony Loreti was present and represented ECLP Company during this inspection. The following violation(s) were noted: A. 15A NCAC 13B .0838(e)(1) that states “Each detention and treatment facility shall be designed, constructed, and maintained in such a manner as to prevent leaks or the flow of septage out of the facility into the seasonally high-water table, onto the ground surface, or into any surface waters.” Upon inspection of the detention tank at Septage Detention and Treatment Facility, SDTF-65-03, several septage leaks were observed. From the leaks septage was also observed on the ground beside the tank. ELCP Company Notice of Violation Page 2 of 3 August 6, 2019 Based upon the foregoing, ELCP Company shall come into compliance within 30 days of receipt with all requirements of the regulations in NCAC 13B .0838(e)(1) by completing the following: 1. ELCP Company shall remove and properly dispose of all septage from the detention tank. 2. Septage located on the ground near the detention tank shall be cleaned up and properly removed and disposed of. Hydrated lime to be spread on the ground where the septage was removed. 3. Document where septage was disposed of. 4. After clean-up of tank and area around the tank, contact Wilmington Regional Office to inspect tank to be put out of service. ECLP Company 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 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. ELCP Company Notice of Violation Page 3 of 3 August 6, 2019 If you have any questions, please contact me at 910-796-7397 or e-mail at john.farnell@ncdenr.gov. 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