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HomeMy WebLinkAbout6304_FQ DocsROY COOPER Covernor MICHAEL S. REGAN Secrerary MICHAEL SCOTT Director MR. CHAD HARRIS, OWNER JOHNNY HARRIS TRUCKING, INC. 4291 DOWD ROAD CARTHAGE, NC 28327 NORTH CAROLINA Environmental Quality September 17, 2019 Re: Compliance Review for JOHNNY HARRIS TRUCKING, INC., PROPOSED New LCID LANDFILL Permit, MOORE COUNTY Dear MR. HARRIS: The agency received your application on AUGUST 19, 2019 for a permit to CONSTRUCT AND OPERATE A NEW LAND CLEARING AND INERT DEBRIS LANDFILL, Prior to the agency reviewing the application, all applicants for a permit must satisfy the agency that it has met the following requirements pursuant to the Solid Waste Management Act (NCGS 130A-294(b2)). The applicant or permit holder, and any parent, subsidiary, or other affiliate of the applicant, permit holder, or parent, including any joint venturer with a direct or indirect interest in the applicant, permit holder, or parent: 1) Must be financially qualified to carry out the activity for which the permit is required AND must establish financial responsibility pursuant to N. C. G. S. 1.30A-295.2; and 2) Must have substantially complied with the requirements applicable to any activity in which the applicant or permit holder, or a parent, subsidiary, or other affiliate of the applicant, permit holder, or parent, or a joint venture with a direct or indirect interest in the applicant has previously engaged and has been in substantial compliance with federal and state laws, regulations, and rules for the protection of the environment as provided in N.C.G.S. 130A-295.3. To commence the pre -review process, please provide organizational charts for JOHNNY HARRIS TRUCKING, INC., as well as explanatory text that identifies all business entities that are direct or indirect parents, subsidiaries or other affiliates of JOHNNY HARRIS TRUCKING, INC. and depicts the relationships among all entities shown on each chart; as well as any partnerships and joint ventures in which any of the entities are engaged or which have a financial interest in any of the entities. For all business entities identified in the organizational charts, please identify those business entities which operated under a previous business name and identify the prior business name. D E t� p.po.tnnni nr fnwu.vriui 9�tt� North Carolina Department of Envitonmen[al Quality I Division of Waste Management 217 West Jones Streel Ib4b Mail Service Center I Raleigh, North Carolina 27b9A-164b 919.707.8200 vvirr}�uanw $ naivwy ncvrcry — Financial Qualifications, Organization Chart, Questionnaire JOHNNY HARRIS TRUCKING, INC., NEWPERMIT 9117119 Pg. 2 To satisfy the requirement regarding financial qualifications, please submit your latest year's audited, certified financial statement in accordance with NCGS 130A-295.2(e) (if assets of a parent, subsidiary, or other affiliate of the applicant or a permit holder, or a joint venture with a direct or indirect interest in the applicant or permit holder, are proposed to be used to demonstrate financial qualification, then the party whose assets are to be used must be designated as a joint permittee with the applicant on the permit). In addition, pursuant to NCGS 130A-295.2(d), please provide cost estimates for site investigation; land acquisition, including financing terms and land ownership; design; construction of each five-year phase, if applicable; operation; maintenance; closure; and post -closure monitoring and maintenance of the facility. To satisfy the requirement regarding past compliance with federal and state laws, regulations, and rules, including permit conditions, please complete the enclosed preliminary questionnaire (this questionnaire must be completed for ]OHNNY HARRIS TRUCKING, INC. and all business entities identified in the organizational chart — see NCGS 130A-295._ j. Please email all of the requested information to sarah.rice(&ncdenr.Qov or send by mail to the address below, Sincerely, Digitally signed by Sarah Rice Ma cn=Sarah Rice, oliDivision of Waste Ma Cam,nagement, ou-Solid Waste Section, email=sarah.rice@ncdenr.gov, c-US Date: 2019.09.1 7 1215;45-04'00' Sarah Rice, Environmental Program Consultant Division of Waste Management, NCDEQ cc: Ed Mussler, Section Chief Sherri Stanley, Permitting Branch Head Jason Watkins, Field Operations Branch Bead Ming Chao, Permitting Engineer Andrew Hammonds, District Supervisor Central File North Carolina Departmrns of Environmental Quality I Division of Waste Management 217 West ]ones Street ; 164h Mall Service Center I Raleigh. North Carolina 27699-lb4b vu"".... — , uouny'NVv1Vry — Financial Qualifications, Organization Chart, Questionnaire JOHNNY HARRIS TRUCKING, INC., NEW PERMIT. 9117119 Pq 3 Compliance Review JOHNNY HARRIS TRUCKING, INC., any parent, subsidiary, or other affiliate of the applicant, permit holder, or parent, including any joint venturer with a direct or indirect interest in the applicant, permit holder, or parent are requested to provide the following information for all solid waste management facilities. For purposes of the questions below, the phrase "within the past five years," means five years prior to the date of this request. For each question that is marked with an answer other than "not applicable," please provide a written, detailed explanation, including how or if the matter has been resolved. A. The following question applies to all of the applicant's solid waste management (including hazardous waste management) activities. 1. With respect to the applicant's solid waste management activities, check whether the applicant has been a party to or received any of the following within the past five years. If not applicable, mark "N/A": Ida, Compliance Order with a penalty qAb. Compliance order without a penalty Oxc. Order to cease operating NAd. Order to abate public health nuisance [130A-19]; NAe, Order to abate imminent hazard [130A-20]; f. Order to abate nuisance scrap tire site [130A-309.60]). �g Administrative Consent Agreement or Settlement Agreement (e.g., may involve revised permit conditions) N h. Revocation or suspension of a permit 9 i. Denial of a permit application for a solid waste management facility Penalty Collection lawsuit (lawsuit to collect an unpaid penalty) �ft. Confession of Judgment (for the payment and collection of an unpaid penalty or other monies owed to a special account, such as the scrap tire account or white goods account) N L Injunctive relief or law suit for injunctive relief Tn..Lawsuit for forfeiture of gain (N.C.G.S. §130A-28) 1�Lawsuit for recovery of money (N.C.G.S. §130A-27) o. State Criminal action- misdemeanor or felony (N.C.G.S. 130A-25; 130A-26.1 and 26.2; 14-399 p. Federal criminal action -misdemeanor or felony ..D_EQ� North Carolina Department of Environmental Quality 1 Division of Waste Management 217 West tones Street 1046 Mail Service Center I Raleigh. North Carolina 27699-1646 North Carolina Department of Environmental Quality 1 Division of Waste Management 217 West tones Street 1046 Mail Service Center I Raleigh. North Carolina 27699-1646 �. vrnNli air�c i natviy (AV VIQ- — Financiai Qualifications, Organization Chart, Questionnaire 30HNNY HARRIS TRUCKING, INC., NEW PERMIT. 9117li 9 Pg. 4 B. [Note: Questions 2 and 3 cover any type of environmental violation.] Check all applicable boxes (ONE MUST BE CHECKED FOR EACH QUESTION). Within the past five years: 2. The applicant has been convicted of, or pled guilty or no contest to, a criminal violation of a statute, regulation, or rule for the protection of the environment or conservation of natural resources. a. in state court _b. in federal court c, not applicable 3. A monetary penalty (whether denominated as a civil penalty, an administrative penalty, a judicial penalty, or by some other designation), has been assessed against the applicant for the violation of a state or federal statute, regulation, rule, including a permit condition, or for the protection of the environment or conservation of natural resources. a. in a state forum _b. in a federal forum mac. not applicable [Note: Questions 4 and S will encompass those situations where a solid waste management facility operated in violation of solid waste management statutes/regulations, as well as water guality, including groundwater and surface water, sedimentation and erosion control, and air quality statuteslreaulations, among others,] 4, With respect to any solid waste management facility (including hazardous waste management) owned or operated by the applicant, a lawsuit for injunctive relief has been filed against the applicant for the violation of a statute, regulation or rule for the protection of the environment or conservation of natural resources. a. in state court b. in federal court _ c. not applicable ZA ND_E ICF� North Carolina Department of Environmental Quality I Division of Waste Management 2.17 West lone% Street I Ib46 Mail Serv$ce Center I Raleigh, North Carolina 27699-lb46 „Nrcou,c t nowt y ­cv ” — Financial Qualifications. Organization Chart, Questionnaire JOHNNY HARRIS TRUCKING, INC., NEW PERMIT, 9117119 Pg. 5 5. With respect to any solid waste management facility (including hazardous waste management) owned or operated by the applicant, a judgment, or consent judgment, for injunctive relief has been entered against the applicant for the violation of any statute, regulation or rule for the protection of the environment or conservation of natural resources. a. in state court _b. in federal court �c. not applicable 6. A permit for a solid waste management facility owned or operated by the applicant has been revoked or suspended. a. in a state forum —b. in a federal forum mac. not applicable 7. An environmental permit for any undertaking other than a solid waste management facility has been revoked or suspended. a. in a state forum _b, in a federal forum \J-c. not applicable S. The applicant submitted a permit application for the proposed ownership or operation of a solid waste management facility that has been denied. a. in a state forum _b, in a federal forum mac. not applicable 9. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a solid waste management facility without the requisite permit. a. yes �b. not applicable kan+i C�y� ul Fnw.�+:m.ni.�0uainy North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1, 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 u}uarr4c r u v+y IN— vv — Financial Qualifications, Organization Chart, Questionnaire JOHNNY HARRIS TRUCKING, INC„ NEW PERMIT, 9117119 Pg, 6 10.A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a solid waste management facility outside the scope of the permitted activity. a . yes ,,, b. not applicable 11. A governmental agency or unit has notified the applicant in writing that the applicant has operated or is operating a facility or undertaking other than a solid waste management facility without the requisite environmental permit(s). \ a. yes V b. not applicable orewrw,a a 6wiva.nu �M1� North Carolina Department of Environmental Quality I D€v€sion Df Waste Management 217 West hones Street 1646 Mail Servkce Center I Raleigh, Not Carolina 27699-lb4b 1IYlIPill.0 , II -y "VV-- - Financiai Qualifications, Organization Chart, Questionnaire JOHNNY HARRIS TRUCKING, INC., NEW PERMIT, 9117119 Pg. 7 For each question that has been marked with an answer other than "not applicable," please provide a written, detailed explanation, including how or if the matter has been resolved. The applicant may be requested to provide a written, sworn statement certifying the status of the matter. If the applicant certifies that the applicant is now in compliance, the applicant may be asked to submit proof from the agency having jurisdiction over the violation that the applicant is in the process of correcting or has corrected the violation to the satisfaction of the agency. The applicant will be asked to certify the truth and accuracy of the answers provided to these compliance review questions. I, V-0 S , hereby certify on behalf of JOHNNY HARRIS TRUCKING, INC. W as JOHNNY HARRIS TRUCKING, INC.`s fs l Gd (title of position with applicant), that I have read the foregoing answers provided to the Compliance Review, that the information and answers contained in the responses to the Compliance Review are true and accurate based on my own knowledge and my review of documents and that I have not omitted any material information or falsified any information contained in the foregoing answers. I further certify that I have the requisite authority vested in me by JOHNNY HARRIS TRUCKING, INC. to bind the corporation to the accuracy and completeness of the information provided herein. I am aware that there are significant penalties for making any false statement, representation, or certification including the possibility of a fine and imprisonment. Signature/printed name and title: Attest: State of ff*K I(rl oc_ County of M 0(TYC- S n andesubscribed to before me this the )-- day of OW, 201 k-,RT� I VD notary public My Commission expires: M, 0J-C1tq,_ ( U ZZ ,�Q�N �• �4,9� y IAOTAR), MY COMMISSION EXPIRES NlGI,yCrk � 70 ZZ North Carolina department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27694-lb46 ELAINE YOW GIRGIS, ACCOUNTANT PO BOX 305 WEST END, NC 27376 PHONE: (910) 673-4741 FAX: (910) 673-4161 EMAIL: girgisaccounting@yahoo.com September 30, 2019 Johnny Harris Trucking Inc. 4291 Dowd Road Carthage, NC 28327 I have audited the accompanying Financial Statement of Johnny Harris Trucking Inc. as of April 30, 2019. This Financial Statement is the responsibility of the company's management. My responsibility is to express an opinion on the Financial Statement based on my audit. I conducted my audit in accordance with generally accepted auditing standards of the United States of America. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the Financial Statement is free of material misstatement. An audit includes examining, on test basis, evidence supporting the amounts and disclosures in the Financial Statement. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall Financial Statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the Financial Statement referred to above presents fairly in all material respects, the financial position of Johnny Harris Trucking Inc. as at April 30, 2019 in conformity with generally accepted accounting principles of the United States of America. Sincerely, �rP� 1.frr.iL1 /iC L Elaine Yow Girgis, Accountant Johnny Harris Trucking Inc 4291 Dowd Road Carthage NC 28327 910-947-2112 harristrucking@live.com October 9, 2019 To whom it may concern: Johnny Harris Trucking, Inc. is a stand-alone company. Thankyou Owner President Vice President