3507_NOV_20190828

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
August 28, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wyrick Robbins Raleigh, Registered Agent
PRTI, Inc.
2105 US 1 Highway
Franklinton, NC 27525
SUBJECT: Notice of Violation
Compliance Inspection Report
PRTI, Inc.
3507-TI RETP-2016
Franklin County
Dear Mr. Raleigh,
On August 7, 2019, Davy Conners and Ethan Caldwell, representing the State of North Carolina,
Division of Waste Management Solid Waste Section (Section), inspected the above referenced
facility for compliance with North Carolina solid waste statutes and rules. Scott Clagett, Ben
Machon, and Brent Burger were present and represented PRTI, Inc. during this inspection. The
following violation(s) were noted:
A. 15A NCAC 13B .0106 GENERATOR OF SOLID WASTE
(a) A solid waste generator shall be responsible for the satisfactory storage, collection
and disposal of solid waste.
And, (b) The solid waste generator shall ensure that his waste is disposed of at a site or
facility which is permitted to receive the waste.
PRTI, Inc. is in violation of 15A NCAC 13B .0106 (a and b) by failing to ensure waste (carbon black)
generated at this facility is properly disposed at a site that is permitted to receive the waste.
During the inspection, Mr. Clagett said their carbon black is transported to various locations
including a petroleum landfarm in Bear Creek, NC, called Earthtec. Earthtec Environmental, Inc.
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NORTH CAROLINA
ileparlment o� EnviranmanGl puaiity
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

PRTI, Inc.
Notice of Violation
Page 2of4
August 28, 2019
is a permitted Petroleum Containment and Treatment facility that is NOT permitted to receive
carbon black.
B. 15A NCAC 13B .0203 PERMIT APPROVAL OR DENIAL
(d) By receiving solid waste at a permitted facility, the permittee(s) shall be considered
to have accepted the conditions of the permit and shall comply with the conditions of
the permit.
And, PERMIT TO CONSTRUCT AND OPERATE, ISSUED FEBRUARY 22, 2016, ATTACHMENT
4, PART I, NUMBER 4
(g) control measures and practices must be employed to prevent any pollutants from
contaminating surface water, groundwater, and soil.
PRTI, Inc. is in violation of 15A NCAC 13B .0203 and Permit Condition Attachment 4, Part 1, 4(g)
by failing to prevent a pollutant from contaminating surface water and soil. During the inspection,
Davy Conners and Ethan Caldwell observed a trail of carbon black from the facility to the
sedimentation pond at the back of the facility, then to a ditch alongside a service road (the service
road is owned by neighboring Capital Materials). The carbon black diverted from the ditch into
the forest and then ended. The carbon black was in the water in the ditch and stained the soil in
the ditch and the forested area.
Based upon the foregoing, PRTI, Inc. shall come into compliance within the timeframes outlined
below with all requirements of the regulations in 15A NCAC 13B .0106 (a and b) and .0203 (d)
and Permit Condition Attachment 4, Part I, 4(g) by completing the following:
1. Immediately cease sending carbon black or any other waste to any properties that are
not permitted to receive that waste. Ensure that the property or facility PRTI is sending
its waste to is permitted to receive that waste by asking for a copy of the permit and
verifying that the permit is not expired. Retain records of all waste disposal.
2. Immediately take measures to prevent carbon black and any other pollutants from
contaminating surface water, groundwater, and soil.
3. Within 30 days of receipt of this notice, submit a corrective action measures plan (Plan)
for Section approval. The proposed Plan shall be submitted in electronic format sent via
email and meet the following requirements:
a. Include a map/aerial photo depicting the extent of carbon black impacted areas
and proposed excavation/removal methods. The Section requires the removal
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NORTH GAROIINAD_E Q�Aj
Dep.d.e.t pt Emirenme. 1 0—Ifty
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

PRTI, Inc.
Notice of Violation
Page 3of4
August 28, 2019
of all carbon black and at least 2 inches of un-stained soil from the ditch and
forested area behind the facility;
b. Include a description of proposed characterization, management, and disposal
of excavated material;
c. Include a map/aerial photo depicting the proposed confirmation sampling
locations;
d. Provide a description of the proposed sampling methodology;
e. Describe proposed soil sampling and surface water sampling (if applicable) at
specific locations, including background soil and upstream water locations;
f. Surface confirmation soil samples shall be collected between zero and one foot
below ground surface;
g. All samples shall be collected as discrete samples for all constituents. Composite
samples will not be accepted;
h. All excavated material, confirmation soil samples, and surface water samples
shall be analyzed by a NC certified laboratory for the following constituents:
polycyclic aromatic hydrocarbons (PAHs), copper, zinc, cadmium, lead, nickel,
and chromium (chromium speciation for trivalent chromium and hexavalent
chromium is needed). Test method for PAHs is 8270 and for metals use total
metals 3050 Or 3051 prep with Method 6010.or other equivalent approved
methods recommended by the laboratory.
i. After Section approval of the sampling plan, the plan shall be implemented
within seven (7) days. Within 10 business days after receiving the analytical
results from the laboratory, submit documentation regarding the sampling
event which shall include the following:
i. A summary of the carbon black release, the extent of the release, and the
corrective action measures taken to address the release;
ii. A map/aerial photo depicting the extent of excavation and all sampling
locations;
iii. Documentation of proper disposal of excavated material;
iv. A table of the surface water analytical results compared to the NCDWR
Surface Water Quality Standards (15A NCAC 02B & EPA National
Recommended Water Quality Criteria Standards (EPA NRWQC);
v. A table of the subsurface soil analytical results compared to the NCDEQ
Preliminary Soil Remediation Goals (PSRGs). Both the Residential Health
Based and the Protection of Groundwater PSRGs must be met;
vi. The associated laboratory reports from the NC certified laboratory
including the chain of custody and QA/QC results;
vii. The sampling methodology, if different from the proposed plan; and
viii. Conclusions and recommendations.
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Dep.d.e.t pt Emirenme. 1 0—Ifty
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

PRTI, Inc.
Notice of Violation
Page 4 of 4
August 28, 2019
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.
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 call me at [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Davy Conners
DN: cn-Davy Conners, o-Division of
Waste Management, ou-Solid Waste
Section,
[e-mail], c-US
Date: 2019.08.28 15:54:39-04'00'
Davy Conners
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern District Supervisor
Jessica Monte, Compliance Officer
Ethan Caldwell, Permitting Engineer
Sherri Stanley, Permitting Branch Head
John Patrone, Environmental Senior Specialist
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NORTH CAROLINA Q
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pupadmu,r ur EnvirpnmBnGl quality
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200