NCS00371_NOV_20201217

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200

December 17, 2020

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Jeffrey Kerr
Marlin
P.O. Box 865
West End, NC 27376

SUBJECT: Notice of Violation
Compliance Inspection Report
Marlin
NCS-00371
Moore County

Dear Mr. Jeffrey Kerr:

On December 11, 2020, Connie S. Wylie, representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section), inspected the above referenced facility at 140
Knox Lane, West End for compliance with North Carolina solid waste statutes and rules. The
following violation was noted:

A. 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 or 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.

Inspected a blue frac tank on site (with hoses connected) that is being used for the transfer and
detention of septage. Observed waste inside this tank. This frac tank is not permitted by the
Division as a septage detention or treatment facility. This frac tank is not in compliance as a
possible permitted vehicle as there is no lettering and currently no vehicle available to pull this frac
tank on the road. The Solid Waste Section has not determined that this frac tank can be approved
as a permitted vehicle in the future.

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Marlin
Notice of Violation
Page 2 of 2
December 17, 2020

Based upon the foregoing, Marlin shall come into compliance within 5 days of receipt of this
notice with all requirements of the regulations in 15A NCAC 13B .0837(a) by completing the
following:

1. All waste shall be removed from the blue frac tank which was observed to contain
septage on December 11, 2020 and the waste shall be disposed of properly at an
approved disposal location. Also if there is any septage waste contained within the
white tanker located near this blue frac tank then that waste shall also be removed and
disposed of properly at an approved disposal location.

2. No septage waste shall be stored in any tank or permitted vehicle at this location on
Knox Lane.

3. Submit in writing an explanation of how the five blue frac tanks at this location are
intended to be used in the management of septage.

The violation listed above was observed by Section staff and requires 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 to verify that the facility has completed the requirements of this Notice of
Violation.

If you have any questions please contact me at 910-433-3352 or e-mail [e-mail].

Sincerely,

Connie S. Wylie
Environmental Program Consultant
Division of Waste Management - Solid Waste Section
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Marlin
Notice of Violation
Page 3 of 2
December 17, 2020