1104_DWR_NOV_20170207

ROY�
MICHAEL S.
b
Water Resources S. JAY ZIMM
Environmental Quality
February 7, 2017
CERTIFIED MAIL # 7015 1520 0003 5463 2343
RETURN RECEIPT REQUESTED
Waste Management of Carolinas, Inc.
Ron Peterson
390 Innovation Way
Wellford, SC 29385
CERTIFIED MAIL, # 7015 1520 0003 5463 2350
RETURN RECEIPT REQUESTED
Waste Management of Carolinas, Inc.
1001 Fannin Street
Houston, TX 77002-6706
Subject: Notice of Violation and Intent to Assess Civil Penalty
NOV-2017-DV-0048
Incident No.: 201501573
Waste Management of Carolinas — 24 Pond Rd.
Buncombe County, N.C.
Dear Mr. Peterson,
On October 23, 2015, the Division of Water Resources (DWR) Asheville staff received a citizen
complaint regarding the presence of wastewater leaving the Waste Management Pond Road site
and entering Hominy Creek. Multiple site visits with multiple agencies have been made to the
Pond Road site regarding this issue. Every effort was made to work with Waste Management to.
cease all discharge of wastewater from the Pond Road site into waters of the State and achieve
compliance. On February 16, 2017, DWR Asheville staff observed and sampled wastewater
flows from the Pond Road site and entering Hominy Creek.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural
Resources to protect and preserve the water resources of the State. The Division of Water
Resources has the delegated authority to enforce adopted water pollution control rules and
regulations.
State orNorth Carolina ( Environmental Quality I Water Resources
2090 U.S. nighway 70, Swannanoa, North Carolina 28778
828-296-4500

Based on the findings of our investigation, the following violations were documented:
Violation II, DNeharge Without a Valid Permit
G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of
the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit:
G.S. 143-215.1(a)(1) - Make any outlets into the waters of the State.
G.S. 143-215. 1 (a)(2) — Construct or operate any sewer system, treatment works or disposal
system within the State.
G.S. 143-215. 1 (a)(6) - Cause or permit any waste, directly or indirectly, to be discharged to or in
any manner intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or limitations
established for any point source, unless allowed as a condition of any permit, special order or
other appropriate instrument issued or entered into by the Commission under the provisions of
this Article.
Vio➢ation H. VioDation of Water Quality Stnudards
15A NCAC 02B .0211(2): Conditions Related to Best Usage: the waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation,
and agriculture. Sources of water pollution that preclude any of these used on either a short-term
or long-term basis shall be considered to be violating a water quality standard.
15A NCAC 02B .0211(12): Oils, deleterious substances, colored, or other wastes: only such
amounts as shall not render the waters injurious to public health, secondary recreation, or to
aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for designated uses. For the purposes of implementing this Rule, oils, deleterious
substances, colored, or other wastes shall include substances that cause a film or sheen upon or
discoloration of the surface of the water or adjcining shorelines pursuant to 40 CFR 110.3(a)-(b)
which are hereby incorporated by reference including any subsequent amendments and additions.
A Notice of Violation/ Intent to Assess Civil Penalty is being issued for the noted violations of
North Carolina General Statute (G.S.) 143-215.1. Pursuant to G.S. 143-215.6A, a civil penalty
of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
If you wish to provide information regarding the noted violations or discuss overall compliance,
please respond in writing within ten (10) business days after receipt of this Notice. You will then
be notified of any civil penalties that may be assessed regarding the violations. Eff no response is
received in this Office nee within the 10-day period, a civil penalty assessment may the

prepared. DWR may pursue enforcement actions for this and any additional or continuing
violations.
If you have any questions concerning the matter, please contact Linda Wiggs of the Asheville
Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor Water Quality Regional Operations, DWR
Asheville Regional Office
cc: DWR WQROS Asheville Files
DWR Enforcement Unit — John Hennessy
DEMLR ARO Stan Aiken
DWM ARO — Deb Aja
DWM Raleigh — Jason Watkins
Shawn Carroll, Waste Management (e-copy)
Dan Moore, Waste Management (e-copy)
G:\WR\WQ\]3mcombe\Complaints\201501573 Waste Mgt Pond Rd\NOV(NO[)-2017-DV-0048.docx
R IECEIVE
APR G 3 2017