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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