3004_NOV_20200917

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MICHAEL SCO77
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NORTH CAROLINA
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September 17, 2020
CERTIFIED MAIL 7019 1640 0001 3337 7662
RETURN RECEIPT REQUESTED
Mr. EricT. Wallace, President
Wallace Farm, Inc.
14410 Eastfield Road
Huntersville, NC 28078-6636
SUBJECT: Notice of Violation
Compliance Inspection Report
Davie County Compost Facility
3004-Compost-2014
Davie County
Dear Mr. Wallace:
On August 27, 2020, Division of Water Resources (DWR) staff, representing the State of North
Carolina, Division of Water Resources, responded to a complaint of a substance observed in an
unnamed stream on a residential property adjacent to the Davie County Compost Facility. In
their investigation they observed leachate flowing from a leaf stockpile at the facility and
dischargingto an unnamed stream on the south side of facilityaccess road stream crossing. The
leachate was observed flowing downstream on the north side of the stream crossing. On August
28, 2020, Kim Sue, representingthe State of North Carolina, Division of Waste Management Solid
Waste Section (Section), inspected the above referenced facility for compliance with North
Carolina solid waste statutes and rules. Larkin Dupree was present and represented Davie County
Compost Facility and DWR staff were also present during this inspection. The fol lowing violations
were noted:
A. 15A NCAC 13B .0203(d) states: "By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit." Condition of Operating Permit Number 10 states: "An
appropriate, Division of Energy, Mineral and Land Resources (DEMLR) permit for managing any
r —
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Davie County Compost Facility
Notice of Violation
Page 2 of 4
September 17, 2020
stormwater and/or wastewater at the facility must be maintained as required. Any leachate
generated at the facility and any runoff from the facility must be managed in such a manner that
ground or surface water quality will not be adversely affected. The facility must be maintained to
prevent the accumulation of stormwater and leachate on composting areas, storage areas, and roads. "
Condition of Operating Permit Number 29 states: "Facility construction, operations or practices must
not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the
state in violation of the requirements under Sections 41 and 404 of the Clean Water Act, as amended."
On August 27, 2020 Division of Water Resources staff observed that Wallace Farm, Inc. was
in violation of 15A NCAC 13B .0203(d) in that leachate was discharging from the Wallace
Farm, Inc. Davie County Compost Facility to an unnamed stream. While Division of Waste
Management staff did not observe leachate leavingthe site or leachate flowing from the leaf
stockpile duringthe August 28, 2020 inspection, the staff did observe that leachate had been
released to the unnamed stream. On August 28, 2020, Kim Sue and DWR staff observed
stainingon theground betweenthe leaf stockpile and the unnamed stream and observed the
discoloration of water in the stream. Ms. Sue and DWR staff also observed a growth of fungus
in the stream, which is an indicator that there was an ongoing rather than a single leachate
discharge to the stream priorto the leachate discharge observed by DWR staff on August 27,
2020.
B. 15A NCAC 13B .1406(4) states: "Leachate shall be contained on site or treated prior to
discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be
required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface
waters."
On August 27, 2020 Division of Water Resources staff observed that Wallace Farm, Inc. was
in violation of 15A NCAC 13B .0203(d) in that leachate was discharging from the Wallace
Farm, Inc. Davie County Compost Facility to an unnamed stream. While Division of Waste
Management staff did not observe leachate leavingthe site or leachate flowing from the leaf
stockpile duringthe August 28, 2020 inspection, the staff did observe that leachate had been
released to the unnamed stream. On August 28, 2020, Kim Sue and DWR staff observed
stainingon the ground between the leaf stockpile andthe unnamed stream and observed the
discoloration of water in the stream. Ms. Sue and DWR staff also observed a growth of fungus
in the stream, which is an indicator that there was an ongoing rather than a single leachate
discharge to the stream priorto the leachate discharge observed by DWR staff on August 27,
2020.
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.235.2163

Davie County Compost Facility
Notice of Violation
Page 3 of 4
September 17, 2020
Based upon the foregoing, Davie County Compost Facility shall come into compliance by October
19, 2020 with all requirements of the regulations in 15A NCAC 13B .0203(d) and 15A NCAC
13B .1406(4) by completing the following:
1. Davie County Compost Facility must submit an action plan detailing the long term plan to
control leachate for the facility. This report should be submitted to:
Donna Wilson, Engineering Project Manager
Division of Waste Management/Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]
The violations 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 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 verifythat the facility has completed the requirements of this Notice
of Violation.
If you have any questions, please contact meat [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Kim Sue
DN: cn=Kim Sue, o=Division of
\� Waste Management, ou=Solid `•'�., �.,,"` Waste Section,
email=[e-mail], -US
Date: 2020.09.17 14:18:18-04'00'
Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Ed Mussler, Section Chief — Solid Waste Section
Jason Watkins, Field Operations Branch Head — Solid Waste Section
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.235.2163

Davie County Compost Facility
Notice of Violation
Page 4 of 4
September 17, 2020
Sherri Stanley, Permitting Branch Supervisor — Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Donna Wilson, Engineering Project Manager — Solid Waste Section
Lon Snider, Regional Supervisor— Division of Water Resources
Jenny Graznak, Assistant Regional Supervisor — Division of Water Resources
Alex Lowe, Environmental Specialist— Division of Water Resources
Rebecca Chandler, Environmental Specialist II— Division of Water Resources
Larkin Dupree, Director of Operations— Wallace Farm
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704.235.2163