5105_FlowersTP_compliance_19960326

State of North Carolina R,
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor Now
Jonathan B. Howes, Secretary
William L. Meyer, Director
March 25, 1996
1 a In ! aI
1 a=fia►iU914ia1Ui��iit.�
Mr. Billy Flowers
4300 Highway 42 East
Clayton, North Carolina 27520
Re: Compliance Order with Administrative Penalty
Johnston County, N/F
Dear Mr. Flowers:
Enclosed is a Compliance Order issued to you because of certain violations of the North
Carolina Solid Waste Management Act (N.C. General Statute 130A, Article 9) and of the North
Carolina Solid Waste Management Rules, (15A N.C. Administrative Code 13B) which implement the
Act. Along with the Compliance Order is an Administrative Penalty of $25,200.00 that is imposed
pursuant to N.C. General Statute 130A-22(a). This Compliance Order with Administrative Penalty
describes the violations of concern and the actions required by you to come into compliance with both
the General Statutes and the Administrative Code.
You may appeal this Compliance Order with the Administrative Penalty by filing a written
petition for an administrative hearing with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, North Carolina 27611-7447, within thirty (30) days of the receipt of the Compliance Order.
Your petition must be submitted in accordance with the provisions of N.C. General Statute 150B-
23(a) and 130A - 22(e) A copy of your petition must also be sent to Richard Whisnant, General
Counsel, Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh,
North Carolina 27611-7687.
If no administrative hearing is requested, the administrative penalty must be paid within sixty
(60) days by check or money order, made payable to the Division of Solid Waste Management.
Payment should be mailed to William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, North
Carolina 27611-7687. A fee of $20.00 will be charged for all returned checks on which the payor
bank has refused payment.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Flowers
March 25, 1996
Page 2
I encourage you to schedule an informal conference at once with my staff to discuss this
Compliance Order and Administrative Penalty. Please contact Robert Hearn, Environmental
Technician at [phone].
Sincerely,
"L�' d /�
William L. Meyer, Director
Division of Solid Waste Management
WLM/lcf
Enclosure
cc: Dexter R. Matthews, Solid Waste Section Chief
Philip I Prete, Field Operations Branch Head
William R. Miller, Associate Attorney General
Terry F. Dover, Eastern Area Supervisor
Robert Hearn, Environmental Technician
Central Files

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF SOLID WASTE MANAGEMENT
SOLID WASTE SECTION
To: Mr. Billy Flowers COMPLIANCE ORDER
4300 Highway 42 East WITH
Clayton, North Carolina 27520 ADMINISTRATIVE PENALTY
1 t
This Compliance Order with Administrative Penalty is issued under N.C. General Statutes
130A-22, the Solid Waste Management Act (N.C.G.S. 130A, Article 9), and the Solid Waste
Management Rules (15AN.C. Admin. Code 13B). Title 15Aofthe N.C. Admin. Code, Chapter 13B
contains standards and requirements applicable to the proper management of solid waste.
On March 1, 1971, the State of North Carolina, Department of Human Resources, Division
of Health Services, Solid Waste Section, implemented a Solid Waste Management Program under
the Solid Waste Management Act, N.C.G.S. 130A, Article 9 and rules codified at 15A N.C. Admin.
Code 13B. Solid Waste Management is now a Division of the Department of Environment, Health
and Natural Resources. William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, has been delegated the authority to
implement both the Act and the Rules. Based upon information available, the Director has
determined that you are in violation of certain requirements of the Act and/or Rules, as set forth
below.
On July 17, 1995, Mr. Robert Harding, Waste Management Specialist with the Hazardous
Waste Section, Division of Solid Waste Management, received a citizen complaint regarding
an unpermitted construction waste disposal site operated by Mr. Billy Flowers on property
near his residence off Highway 42, Wilders Township, Johnston County, North Carolina.
2. On July 24, 1995, Mr. Robert Hearn, Environmental Technician with the Solid Waste
Section, Division of Solid Waste Management, observed a yellow, flatbed dump truck hauling
construction waste, N.C. license plate BL-8022, enter a driveway leading to Mr. Flowers'
residence. Mr. Heam followed the truck past Mr. Flowers' residence and, when it stopped,
spoke with the driver, Mr. Raymond Johnston. Mr. Johnston said that his employer, Mr.
Jerry Beasley of Jerry Beasley Grading & Hauling; told him to dump the load of construction
waste at this site on the Flowers property. Mr. Hearn informed Mr. Johnston that the
property, NC PIN 1689-90-3620, owned by Mrs. Gladys Flowers, was not permitted to
receive any type of waste and advised Mr. Johnston against dumping there. Mr. Johnston
continued through two gates to a non -conforming construction and demolition waste dump

COMPLIANCE ORDER TffTH ADMINISTRATIVE PENALTY
March 25, 1996
Page 2
area where Mr. Hearn photographed him dumping the construction waste he was hauling.
3. Mr. Hearn then went to Flowers Land Clearing Debris Notification site on Motorcycle Road
(SR 1704) and met with Mr. Flowers to discuss the site that Mr. Hearn had observed. Mr.
Flowers said that the property in question belonged to his mother, and admitted that he and
his brothers had dumped solid waste (e.g., stumps, white goods) back there occasionally over
the years, but denied knowledge of a construction waste disposal site on the property. Mr.
Flowers accompanied Mr. Hearn back to the unpermitted disposal site where Mr. Hearn
inspected the site and took several photographs. Mr. Hearn informed Mr. Flowers that
operation of a solid waste management facility without a permit is a violation of the North
Carolina Solid Waste Management Act and Rules, and that all the solid waste must be
excavated and removed from the site and disposed of at a permitted facility. Mr. Flowers said
that he understood, that he would assume responsibility for the cleanup and disposal of the
waste, and that he did not want his mother to know about the site. Mr. Flowers again said
that he did not know who may have disposed of the construction waste at the site.
4. Mr. Hearn called Mr. Beasley and informed him that he had witnessed Beasley's yellow,
flatbed dump truck dumping construction waste at the unpermitted disposal site on the
Flowers property. Mr. Beasley said that the site was operated by Mr. Billy Flowers and that
he was unaware that the site was not a permitted waste disposal site. Mr. Beasley said that
he had been sending construction waste there for disposal for approximately five or six
months. Mr. Beasley also said that he was paying Mr. Flowers for allowing him to dump
there. Mr. Beasley said that Mr. Flowers was charging $80 per load for a single -axle -truck
load, and $85 for a tandem -truck load, and that he had canceled checks to prove it, which he
would be willing to show to the Division. Mr. Beasley said that he did not know who else
might have disposed of waste at the site. Mr. Hearn informed Mr. Beasley that the Division
would require that the waste be removed to a permitted facility, and that as a hauler of waste
to the site, he is also liable for the cleanup. Mr. Beasley said that he understood, and would
cooperate, but repeated that he had understood the site to be a legal disposal facility, and that
he had not intended to dispose illegally.
5. On July 31, 1995, Mr. Hearn visited the Flowers non -conforming C&D waste disposal site
to collect more information. Mr. Hearn made measurements and sketches of the site and a
list of the waste materials observed at the site.
6. On August 9, 1995, Mr. Hearn and Mr. Terry Dover, Eastern Area Supervisor, Solid Waste
Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr. Dover
reiterated that the Division would require complete removal and proper disposal of the debris
at the non -conforming C&D waste disposal site and that enforcement action would be
forthcoming. Mr. Flowers said that he would cooperate by conducting a cleanup of the site,
and that he already had equipment on site and that cleanup wasunderway.

CO1MPLUNCE ORDER W7THADMINI,STRATIVE PENALTY
March 25, 1996
Page 3
7. Mr. Hearn and Mr. Dover then visited the non -conforming site, where they observed a trac-
hoe working through the debris. Mr. Hearn and Mr. Dover inspected the site and noted
several features at the site (e.g., soil disturbance, extensive soil surface cracking, sinkholes,
and waste embedded in and protruding from the soil surface) which indicated that waste may
have been buried and covered with soil. They took several photographs of the site and the
exposed waste, and of the several surface features in the areas where illegal disposal was
suspected to have occurred.
8. Mr. Hearn and Mr. Dover returned to Flowers Land Clearing Debris Notification site to
speak with Mr. Flowers. They told Mr. Flowers that they had observed several surface
features over the area of the site that suggested that waste material may have been buried and
covered over, and that Mr. Flowers would be required to excavate any or all these areas to
demonstrate whether waste had actually been buried there.
9. On August 16, 1995, Mr. Hearn visited the non -conforming C&D waste disposal site and
observed a trac-hoe still working there. He also observed that no waste had been removed
from the site. Mr. Hearn noted that the large disposal pit that he had photographed on July
24 had apparently been excavated and backfilled with soil, and that the waste removed from
this pit had apparently been combined with other piles of waste above ground. Mr. Hearn
took more photos of the site.
10. On August 30, 1995, Mr. Hearn met with Mr. Flowers at his home and discussed progress
on the cleanup of the non -conforming C&D waste disposal site. Mr. Flowers said that he had
hauled no waste away yet, but that he was arranging to begin soon.
11. On September 12, 1995, Mr. Hearn met again with Mr. Flowers at his home and discussed
the progress on the cleanup of the non -conforming C&D disposal site. Mr. Flowers said that
many loads of waste from the site had been hauled to the BFI-Holly Springs Disposal, Inc.
site in Wake County for proper disposal. Mr. Flowers said that the trac-hoe had been
working to separate the waste from soil, and that there was a large pile of soil containing
small pieces of waste that he wanted to spread back out over the site.
12. Mr. Hearn went to the site and inspected the progress of the cleanup and the pile of soil in
question. Mr. Hearn observed that the pile contained more than incidental amounts of solid
waste, including carpet, painted and treated wood, plastics, metals, and miscellaneous
construction wastes. Also, Mr. Hearn noted that no further excavation had occurred at the
site.
13. Mr. Hearn returned to Mr. Flowers' residence and informed him that the pile was so
contaminated with waste that it would all have to be removed for proper disposal. Mr.
Flowers agreed to dispose of the soil -waste mixture properly. Mr. Hearn instructed Mr.

COMPLIANCE ORDER TUTHADADNIST TIVE PENALTY
March 25, 1996
]Page 4
Flowers to continue the cleanup of the site as soon as possible, including any waste remaining
covered or buried at the site. Mr. Hearn reminded Mr. Flowers that he and Mr. Dover had
observed evidence of burial of waste in several areas at the site, and that the Division will
require excavation of any suspect areas to demonstrate whether waste remains buried therein.
Finally, Mr. Hearn asked Mr. Flowers to submit copies of receipts as soon as possible to
document proper disposal of the removed waste.
14. On September 29, 1995, Mr. Hearn visited the site and observed that no progress had been
made on the cleanup since his previous visit.
15. On October 11, 1995, Mr. Hearn and Mr. Kent Smith, Environmental Technician, Solid
Waste Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr.
Hearn told Mr. Flowers to arrange to resume the cleanup and proper disposal of the waste
at the non -conforming C&D waste disposal site as soon as possible. Mr. Flowers said that
he expected the cleanup to resume soon. Mr. Hearn also reminded Mr. Flowers to submit
copies of any receipts documenting proper disposal of the portion of the waste that was
removed in early September. Mr. Hearn and Mr. Smith then visited the non -conforming C&D
waste disposal site, where Mr. Hearn observed that no progress had been made on the
cleanup since his previous visit.
16. On October 18, 1995, Mr. Hearn met with Mr. Flowers at Flowers Land Clearing Debris Site.,
Mr. Flowers said that he had not made any recent progress on the cleanup but expects
Blackmon Construction Co. to return to work on the site this week. Mr. Hearn explained
that Mr. Flowers was expected to make continual and substantial progress on the cleanup of
the non -conforming C&D waste disposal site. Mr. Hearn also informed Mr. Flowers that he
had not received any receipts documenting proper disposal of the waste that was removed
from the site in early September. Mr. Flowers said that he would obtain the receipts and mail
them promptly.
17. On October 26, 1995, Mr. Hearn visited the site and observed that still no progress had been
made on the cleanup.
18. On November 3, 1995, Mr. Hearn visited the site and observed still no further progress.
19. On November 22, 1995, Mr. Hearn met with Mr. Flowers and Mr. Wilson Blackmon of
Blackmon Construction Co. at Flowers Land Clearing Debris Notification site. Mr. Hearn
urged Mr. Flowers to complete the excavation and proper disposal of the waste at the non-
conforming C&D waste disposal site as soon as possible. Mr. Flowers said that Mr.
Blackmon's equipment was expected at the site in the next day or two, and that cleanup of
the site would continue then. Mr. Blackmon said that he was there to inspect the site in
preparation for the excavation and removal operation.

COMPLIANCE ORDER K7TI-1ADMINISTRATIVE PENALTY
March 25, 1996
Page 5
20. On November 30, 1995, Mr. Hearn met with Mr. Flowers in his driveway, where Mr. Flowers
provided receipts documenting disposal at the BFI-Holly Springs Disposal, Inc. landfill in
Wake County of forty-three tandem loads of waste removed from his site. Mr. Hearn advised
Mr. Flowers to make every effort to complete the cleanup of the site as soon as possible. Mr.
Flowers said that he had secured a trac-hoe from another source and was expecting it to
arrive in the next day or so, at which time he would resume the cleanup of the site. Mr.
Flowers said he would have the cleanup completed before Christmas day.
21. On December 12, 1995, Mr. Hearn met with Mr. Flowers and urged him to expedite the
cleanup of the non -conforming C&D waste disposal site. Mr. Flowers said he was still
waiting for a trac-hoe to arrive so that he could get to work. Mr. Flowers said that he still
planned to complete the cleanup by Christmas day.
22. On December 18, 1995, Mr. Hearn and Mr. Mark Fry, Waste Management Specialist, Solid
Waste Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr.
Flowers said that he had not secured a trac-hoe for use at the site, but was still trying. Mr.
Flowers said that he still wanted to complete the cleanup before Christmas day. Mr. Hearn
and Mr. Fry then visited the non -conforming C&D waste disposal site, where Mr. Hearn
observed that no further progress had been made on the cleanup.
23. On January 22, 1996, Mr. Hearn visited the non -conforming C&D waste disposal site and
observed that no progress had been made on the cleanup since his September 12, 1995 visit.
24. On March 1, 1996, Mr. Hearn visited the site and observed that the waste had not been
removed. Mr. Hearn met with Mr. Flowers and encouraged him to resume and complete the
cleanup as soon as possible.
The following violations of 15A N.C. Admin. Code 13B were noted at the time of the inspection:
Title 15A N.C. Admin. Code 13B .0201(a) states that "no person shall establish or allow to
be established on his land, a solid waste management facility, or otherwise treat, store, or
dispose of solid waste unless a permit for the facility has been obtained from the Division."
Mr. Flowers is in violation of 15A N.C. Admin. Code 13B .0201(a) in that he has established and
operated a solid waste management facility without a permit from the Division of Solid Waste
Management.

COMPLIANCE ORDER WITHADMINISTRATIIVE PENALTY
March 25, 1996
Page 6
Based on the foregoing, you are hereby ordered to take the following actions:
Immediately discontinue all dumping operations.
2. Immediately post signs indicating closure.
Within 45 days of receipt of this Order, remove all remaining solid waste from the site,
including buried waste and waste mixed with soil, and dispose of it at a facility that is
permitted to receive the waste. Provide copies of receipts documenting the proper disposal
of the waste to Robert Hearn, Environmental Technician, Solid Waste Section, 3800 Barrett
Drive, Suite 101, Raleigh, North Carolina 27609.
111ma Do N
In addition to taking the actions specified above, you are hereby ordered to pay in accordance
with N.C. General Statute 130A-22(a), an administrative penalty of $25,200.00.
The N. C. Solid Waste Management Penalty Computation Procedure, dated March 19, 1985,
was used to determine the amount of the administrative penalty imposed with this order. The factors
considered in determining the administrative penalty include, but were not limited to: the nature of
the violations, the potential effect on the public health and environment, the degree and extent of
harm caused by the violations, the costs of rectifying any damage, the types and amounts of wastes,
the ease and costs of compliance, and any history of non-compliance.
The amount of this penalty shall be paid within sixty (60) days of receipt of this order by
check or money order made payable to the Division of Solid Waste Management. Payment should
be mailed to William L. Meyer, Director, Division of Solid Waste Management, Department of
Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, N.C. 27611-7687. A fee of
$20.00 will be charged for all returned checks on which the payor bank has refused payment.
If you file a petition for an administrative hearing within thirty (30) days in accordance with
the applicable statutes and rules, payment of the penalty is due within sixty (60) days after service of
a copy of any final decision affirming the penalty.

COMPLIANCE ORDER RITH ADMINISTRATIVE PENALTY
March 25, 1996
Page 7
You are hereby advised that, pursuant to N.C.G.S. 130A-22, each day of continued violation
of any requirement of the act, the rules, or any order issued under the act or rules constitutes a
separate violation for which a penalty of up to $5,000.00 per day may be imposed. If the violation(s)
continue, you may also be subject to further enforcement actions including 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.
C 13ya tj 1
You have the right to request an administrative hearing to contest any matter of law, material
fact, requirement, or penalty set forth herein. To exercise this right, you must file a written petition
in accordance with N.C.G.S. 15013-23(a) and N.C.G.S. 130A - 22(e) within thirty (30) days of receipt
of this Compliance Order with Administrative Penalty.
The petition must be signed by you or your attorney. It must state facts tending to establish
that the agency has deprived you of property, has ordered you to pay a fine or civil penalty, or has
otherwise substantially prejudiced your rights. It must also state that the agency has:
1. exceeded its authority or jurisdiction;
2. acted erroneously;
3. failed to use proper procedure;
4. acted arbitrarily or capriciously; or
5. failed to act as required by law or rule.
Your petition must be filed within thirty (30) days with the Office of Administrative Hearings,
424 North Blount Street, P. O. Drawer 27447, Raleigh, North Carolina 27611, in accordance with
N.C.G.S. 1508-23(a). A copy of your petition must also be submitted to Richard Whisnant, Legal
Counsel, Department of Environment, Health and Natural Resources, P. O. Box 27687, Raleigh,
North Carolina 27611-7687. Failure to complete either of these acts within the thirty (30) day period
may result in denial of any administrative hearing.
Any administrative hearing will be conducted in accordance with applicable rules contained
in Title 26 of the North Carolina Administrative Code. You may request a copy of the rules by
calling the Office of Administrative Hearings at [phone].

COMPLIANCE ORDER WITH ADMINISTRATIVE PENALTY
March 25, 1996
Page 8
N 1►i7� ►�7C ► t
Whether or not you request an administrative hearing, the Division encourages you to
schedule an informal conference to discuss this matter and to give you an opportunity to provide
additional information, including any actions you have taken to correct the violation(s). If you desire
an informal conference, please contact:
Robert Hearn
Environmental Technician
Solid Waste Section
N. C. Division of Solid Waste Management
3800 Barrett Drive, Suite 101
Raleigh, North Carolina 27609
[phone]
Note: The scheduling of an informal conference does not relieve you of the need to rile
your petition for an administrative hearing within the thirty (30) day period.
By: 04
William L. Meyer, director
Division of Solid Waste Management
Department of Environment, Health and Natural Resources

Le 31 .014 11 a
I hereby certify that I have caused a copy of the foregoing Compliance Order with
Administrative Penalty to be served upon the person designated below, at the last known address,
causing said copy to be deposited in the U.S. Mail, First Class (certified mail, and return receipt
requested, postage prepaid) in an envelope addressed to:
Mr. Billy Flowers
4300 Highway 42 East
Clayton, North Carolina 27520
Dated this Z 6) day of 1996
William L. Meyer, Director
Division of Solid Waste Management
Department of Environment, Health and Natural Resources