HomeMy WebLinkAboutSDTF6503_NOV_20180124
State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699‐1646
919 707 8200
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
January 24, 2018
CERTIFIED MAIL 7008 1140 0002 3401 2539
RETURN RECEIPT REQUESTED
Anthony Loreti
PO BOX 2151
Carolina Beach, NC 28428
SUBJECT: Notice of Violation
Compliance Inspection Report
ELCP Co.
SDTF‐65‐03
New Hanover County
Dear Mr. Loreti:
On December 07, 2017, Mr. Chester Cobb and 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. Mr. Anthony Loreti was
present and represented ELCP Co. during this inspection. The following violation(s) were noted:
A. 15A NCAC 13B .0841(k) states “Access roads or paths crossing or leading to the facility
shall be posted with “NO TRESPASSING” signs.”
A “No Trespassing” sign was not posted for the SDTF at the time of inspection.
B. 15A NCAC 13B .0841(e)(1) states “Each detention and treatment facility shall be
designed, constructed, and maintained in such a manner as to prevent leaks or the flow of
septage out of the facility into the seasonally high-water table, onto the ground surface, or
into any surface waters.”
During the inspection septage was observed leaking out from the tank and onto the ground.
Septage from the tank mixed with rain water around the tank.
C. 15A NCAC 13B .0841(j) states “Septage shall be transferred to and from a detention
system in a safe and sanitary manner that prevents leaks or spills of septage, including in
pipes used for transferring waste to and from vehicles.”
Septage debris was observed on the ground where pump trucks discharge and remove
septage from the tank.
ELCP Co.
Notice of Violation
Page 2 of 3
January 24, 2018
Based upon the foregoing, ELCP Co. shall come into compliance within 30 days of receipt with all
requirements of the regulations in 15A NCAC 13B .0841(k), 15A NCAC 13B .0841(e)(1) and 15A
NCAC 13B .0841(j) by completing the following:
1. Posting a “NO TRESPASSING” sign near or on the tank
2. Repair the tank to ensure no leak of septage onto the ground
3. Removal of septage debris from the area where pump trucks discharge and remove
septage from the tank
4. Apply lime to areas where septage debris is removed and to areas where leaking
septage mixed with rain water
ELCP Co. 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.
If you have any questions, please contact me at 910‐796‐7397 or e‐mail at
john.farnell@ncdenr.gov.
Sincerely,
John Farnell, Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
ELCP Co.
Notice of Violation
Page 3 of 3
January 24, 2018
copies: Adam Ulishney, Environmental Compliance Branch Head
Chester Cobb, Soil Scientist, Raleigh Central Office