SDTF6503_NOV_20190920

September 20, 2019

CERTIFIED MAIL 7018 2290 0001 8296 1390
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 September 16, 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 a follow up from the
SDTF6503_NOV_20190806 violation issued on August 6, 2019. The following violation(s) were
noted:

A. 15A NCAC 13B .0838(k) that states “Access roads or paths crossing or leading to the
facility shall be posted with "NO TRESPASSING" signs.” “NO TRESPASSING” signs were not located at the Septage Detention and Treatment Facility at the time of inspection.

B. 15A NCAC 13B .0838(t)(3) that states “all parts of the facility removed from property under separate ownership, unless all landowners provide the Division with written documentation that the facility may remain at the site.”
ELCP Company Notice of Violation Page 2 of 3 September 20, 2019

The Division has received written documentation that the landowner does not authorize the operation of a Septage Detention and Treatment Facility at the property.

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(t)(3) by completing the following:

1. ELCP Company shall remove and properly dispose of all septage from the detention
tank including sand and debris left at bottom of tank.
2. Document where septage was disposed of.
3. After clean-up of remaining debris, the tank shall be removed from the property and
the Wilmington Regional Office notified of this action.
4. With the removal of the tank and the closure of the permit, a “NO TRESPASSING”
sign is not required by the Division.

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 September 20, 2019

If you have any questions, please contact me at 910-796-7397 or e-mail at
[e-mail].

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