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Home My WebLink About42_N1065_NOV_20201021ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality October 21, 2020 CERTIFIED MAIL 7019 0700 0000 3643 1717 RETURN RECEIPT REQUESTED Jason C. Myrick, Myrick Construction 10315 Hwy 158 Littleton, NC 27850 RE: Notice of Violation Summit LCID Permit # N1065 End of Phipps Drive Littleton, NC 27850 Dear Mr. Myrick, On September 24, 2020, Amanda Thompson, Davy Conners and Drew Hammonds, representing the 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. The following violation(s) were noted: A. 15A NCAC 13B .0566 (4), "Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first." Jason C. Myrick, the Summit LCID, is in violation of 15A NCAC 13B .0566 (4) in that adequate earthen material had not been applied to cover all the disposed solid waste. It appeared at the time of this inspection that the waste has not been covered since the January 17, 2017 inspection based on photos from the previous inspection. The Summit LCID received a Notice of Violation for this issue on January 30, 2017 that had not been resolved. B. 15A NCAC 13B .0566 (2), "The facility shall only accept those solid wastes which it is permitted to receive." D_E%UNORTH CAROLINA ileparlment o� EnviranmanGl puaiity 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 Summit LCID Notice of Violation Page 2of4 October 21, 2020 Jason C. Myrick, the Summit LCID, is in violation of 15A NCAC 13B .0566 (2) in that non- conforming plastic waste was identified within the waste stream. C. 15A NCAC 13B .0566 (3), "Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells." Jason C. Myrick, the Summit LCID, is in violation of 15A NCAC 13B .0566 (3) in that the waste has not been compacted as densely as practical and restricted to the smallest feasible area. It was determined during this inspection that the waste has not been compacted. D. 15A NCAC 13B .0564 (9) (b), "The facility shall meet the following buffer requirements ... 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells." Jason C. Myrick, the Summit LCID, is in violation of 15A NCAC 13B .0564 (9) (b) in that waste may have been beyond the property lines on the eastern side of the property and encroaching on the buffer on the north side of the property. The Summit LCID occupies Parcel Number 0706077, which is land locked by Parcel Number 0700046. Buffer requirements stated that waste must be at least 100 feet from the property boundary. Based upon the foregoing, the Summit LCID shall come into compliance by November 24, 2020 with all applicable requirements of the regulations in 15A NCAC 13B by completing the following: 1. Cease accepting waste at the site until conditions of compliance are met. 2. Remove any non -conforming waste from the waste stream and properly dispose of at a permitted facility. 3. Densely compact the waste and restrict the waste to the smallest feasible area. 4. Adequate soil to cover the waste must be applied to all areas of exposed waste. 5. In order to meet the 100-foot buffer requirements, Mr. Myrick could choose to recombine Parcels 0706007 and 0700046 or move the LCID waste to meet the required 100-foot buffer to property lines. Property lines must be marked as well to ensure buffer requirements are met. 6. Ensure that the Edge of Waste Markers are in place and visible one to the next. e:!aspf NORTH GAROIINAD_E QU )ep.dt tofFmi,Qn.e. 10—Ifty 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 Summit LCID Notice of Violation Page 3 of 4 October 21, 2020 The Summit LCID 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. The written certification with supporting documentation should be mailed to the following address: Amanda Thompson North Carolina Department of Environmental Quality 225 Green Street, Suite 714 Fayetteville, NC 28301 Amanda.thompson@ncdner.gov 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 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 to verify that the facility has completed the requirements of this Notice of Violation. If you have any questions regarding this matter, please contact me at (910) 433-3353 (office) or via email at Amanda.thompson@ncdenr.gov. Sincerely, Digitally signed by Amanda Thompson Date: 2020.10.21 08:02:45-04'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head Andrew Hammonds, Eastern District Supervisor D_EW NORTH CAROLINA Q Aj ilupadmu,1 ui En irp 0. 1 quality 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 Summit LCID Notice of Violation Page 4 of 4 October 21, 2020 Davy Conners. Environmental Senior Specialist Amanda Freeman, Compliance Officer Jessica Montie, Environmental Program Consultant D_EW NORTH CAROLINA Q Aj ilupadmu,I ui E—irp 0. 1 quality 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