HomeMy WebLinkAboutNCS01412_NOV_20200717
July 17, 2020
Sent via Email
Triple AAA Portable Toilets
Mr. Robert “Neal” Stocks
5779 Manley Smith Road Nakina, NC 28455
SUBJECT: Notice of Violation
Compliance Inspection Report
Triple AAA Portable Toilets
NCS-01412
Columbus County
Dear Mr. Robert “Neal” Stocks:
On July 14, 2020, John Farnell, representing the State of North Carolina, Division of Waste
Management (Division) Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. You were present and
represented Triple AAA Portable Toilets (the company) during this inspection. The following
violations were noted:
15A NCAC 13B .0837 (a) No person shall establish, or allow to be established upon any real property owned,
operated, leased, or controlled by that person, a septage detention and treatment facility,
unless a permit has been obtained from the Division or the facility is operating in accordance with a NPDES permit issued by the NC Division of Water Resources. You were in violation of 15A NCAC 13B .0837 (a) in that on July 14, 2020, a septage detention facility (tank) was established by Triple AAA Portable Toilets without a permit issued by the Division.
Triple AAA Portable Toilets Notice of Violation Page 2 of 3 July 17, 2020
15A NCAC 13B .0837 (g)
Operation of a new septage detention or a new septage treatment facility shall not commence until the facility has been inspected by the Division and found to be consistent with the permit application.
You were in violation of 15A NCAC 13B .0837 (g) on July 14, 2020 because a permit application had not been submitted to the Division. Based upon the foregoing, Triple AAA Portable Toilets shall come into compliance by August 17, 2020 with all requirements of the regulations in 15A NCAC 13B .0837 (a) and 15A NCAC 13B .0837 (g) by completing the following:
1. Immediate discontinue use of the tank as a Septage Detention Tank Facility.
2. All documentation of septage remove copied and sent to John Farnell.
3. A SDTF permit will be required to operate the tank for storage of septage.
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.
We solicit your cooperation and would like to avoid taking further enforcement actions. At the
same time, it is your responsibility to comply with the requirements of the General Statutes
and/or the North Carolina Administrative Code. If you have any questions regarding this matter,
please feel free to contact me at 910-796-7397 or e-mail at john.farnell@ncdenr.gov.
Sincerely,
John Farnell
Environmental Specialist II
Division of Waste Management - Solid Waste Section
Triple AAA Portable Toilets Notice of Violation Page 3 of 3 July 17, 2020
copies: Adam Ulishney, Environmental Compliance Branch Head
Chester Cobb, Environmental Program Consultant, Raleigh Central Office
John Farnell, Environmental Specialist II