SDTF6503_NOCV_20200109

January 9, 2020
Sent via Email Anthony Loreti
ECLP Company
P.O. Box 2151 Carolina Beach, NC 28428
Subject: Notice of Continuing Violation
ECLP Co. SDTF-65-03 Wilmington, New Hanover County
Dear Mr. Loreti,
The North Carolina Division of Waste Management’s Solid Waste Section (Section) notified you in a letter dated August 9, 2019 that the renewal permit (SDTF-65-03) for the above referenced site was denied for failure to meet condition 15A NCAC 13B.0837(c) (10). Subsequent Notice of
Violation letters dated September 20, 2019 and November 25, 2019 were issued for failure to
comply with site closure condition 15A NCAC 13B.0838(t)(3), which 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”. The Section conducted a follow up inspection at the above referenced site on January 8, 2020. At the time of
the inspection, the tank associated with the former Septage Detention Treatment Facility (SDTF)
Permit was present at the site, and continues to be in violation of the previous referenced rule. On Tuesday, January 7, 2020, the Section received a letter dated January 2, 2020 from Mr. Rodgers with The Rodgers Law Firm, PLLC, on your behalf. The letter states that you and Mr. Tibbetts,
the land owner, are currently involved in ongoing litigation with issues related to the property. In
light of these facts, the Section will postpone further enforcement actions at this time provided that both, the tank remains empty, and that written notification updating the Section on the status of the ongoing litigation be submitted within sixty (60) days upon receipt of this letter.

As stated in the letter from Mr. Rodgers, the parties undergoing litigation will be participating in
mediation. In an effort to meet the requirements of 15A NCAC 13B.0838(t)(3) and for a timely site closure, the Section recommends one of the following be accomplished and the Section be notified.
1. Removal of the tank; OR
2. Written authorization from the landowner that the empty tank may remain on the property. If you have any questions regarding this correspondence please feel free to contact me at [phone] or via email at [e-mail].

Sincerely,
Adam Ulishney
Environmental Compliance Branch Head Solid Waste Section, DWM, NCDEQ ec: Ed Mussler-Solid Waste Section Chief
John Farnell-Solid Waste Section
Carolyn McLain-NC Department of Justice Mr. Tibbetts-Property Owner Mr. Rodgers-The Rodgers Law Firm, PLLC