NCS01557_NOV_20210114

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

January 14, 2021

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Tommy Edmunds
Edmunds Waste Removal
8507 McKenney Highway
McKenny, Virginia 23872

SUBJECT: Notice of Violation
Non-Permitted Facility
Edmunds Waste Removal
Warren County

Dear Mr. Edmunds:

On January 12, 2021, Chester Cobb, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, observed two portable toilets marked with “Edmunds
Portable Toilets” on the door at a construction site off of Peete Farm Road in Warren County,
North Carolina. Edmunds Portable Toilets is a service offered by Edmunds Waste Removal. The
following violations were noted:

A. 15A North Carolina Administrative Code 13B .0832(b)(3) Placement of a chemical or
portable toilet as defined in G.S. 130A-290(a)(1c) for potential use in North Carolina
shall be considered operation of a septage management firm that requires a permit.

B. 15A North Carolina Administrative Code 138 .0832(b)(2) No person shall rent or lease
portable toilets or contract or subcontract to rent or lease portable toilets to another
person or manage or dispose of waste from portable toilets, regardless of ownership of
the toilets, unless that person is permitted to operate a septage management firm.

C. North Carolina General Statute 130A-291.l(c) No septage management firm shall
commence or continue operation that does not have a permit issued by the Department.
The permit shall be issued only when the septage management firm satisfies all of the
requirements of the rules adopted by the Commission. A septage management firm that
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
Edmunds Waste Removal
Notice of Violation
Page 2 of 3
January 14, 2021

commences operation without first having obtained a permit shall cease to operate
until the firm obtains a permit under this section and shall pay an initial annual fee equal
to twice the amount of the annual fee that would otherwise be applicable under
subsection (e) of this section.

The placement of portable toilets off of Peete Farm Road in Warren County violates the
above North Carolina Statutes and Rules.

Based upon the foregoing, Edmunds Waste Removal shall come into compliance with all
requirements of the regulations in 15A NCAC 13B .0832(b)(3), 15A NCAC 13B .0832(b)(2) and
N.C.G.S. 130A-291.1(c) by completing the following:

1) Immediately have any waste removed from the two toilets by a permitted Septage
Management Firm in North Carolina. Obtain an invoice to document removal and email
to me at [e-mail].

2) Once the waste has been removed from the toilets, remove the toilets from the site.
Contact me when the toilets are removed.

3) Based on our telephone conversation on January 13, 2021, Edmunds Waste Removal
intends to obtain a permit to operate a septage management firm in North Carolina.
Information about obtaining a permit has been included with this Notice of Violation.
Submit the appropriate paperwork and fee to this office. Perform all necessary steps
to obtain the required permit.

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 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.