HomeMy WebLinkAbout1808T-TRANSFER_NOV_20210414North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
April 14, 2021
CERTIFIED MAIL 7018 0360 0002 2096 6718
RETURN RECEIPT REQUESTED
Warren Wood, City Manager
City of Hickory
Post Office Box 398
Hickory, North Carolina 28603
CERTIFIED MAIL 7018 0360 0002 2096 6725
RETURN RECEIPT REQUESTED
Andrew Ballentine, Sold Waste Manager
City of Hickory
Post Office Box 398
Hickory, North Carolina 28603
SUBJECT: Notice of Violation
Compliance Inspection Report
City of Hickory Transfer Station
1808T-TRANSFER-
Catawba County
Dear Sirs:
On April 9, 2021, Charles Gerstell, 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. Mr. Lewis Berry was present
and represented the City of Hickory Transfer Station during this inspection. The following
violation were noted:
A. 15A NCAC 13B .0201(c) states: “No solid waste management facility shall be
established, operated, maintained, constructed, expanded, or modified without a valid
permit issued by the Division for the specified type of activity. It is the responsibility of
every owner or operator of a proposed solid waste management facility to apply for a
permit for the facility. The term "owner" shall include record owners of the land where
the facility is located or proposed to be located and holders of any leasehold interest,
however denominated, in any part of the land or structures where the facility is located
or proposed to be located.”
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
City of Hickory
Notice of Violation
Page 2 of 3
April 14, 2021
The permit for the City of Hickory Transfer Station was issued on February 22, 2016
and expired on February 19, 2020. At the time of the April 9, 2021 inspection, no
permit renewal request or subsequent information had been submitted to the Division.
Therefore, the City of Hickory is in violation of 15A NCAC 13B.0201(c) for operating a
solid waste management facility without a current valid permit.
Based upon the foregoing, within 30-days of the receipt of this Notice of Violation, the City of
Hickory shall come into compliance with all requirements of the regulations in 15A NCAC
13B .0201(c) by completing the following:
1. Submit a complete permit renewal application to include an updated site plan and
operational plan to the Solid Waste Section for review. All permit requests and
subsequent information must be submitted to:
Jordan Russ, Engineering Project Manager
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
jordan.russ@ncdenr.gov
The violation listed above was observed by Section staff and require action on behalf of the
City of Hickory 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 City of Hickory 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(s) to verify that the facility has completed the requirements of
this Notice of Violation.
If you have any questions, please contact me at (704) 235-2144 or
charles.gerstell@ncdenr.gov.
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
City of Hickory
Notice of Violation
Page 3 of 3
April 14, 2021
Sincerely,
Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer
Jordan Russ, Engineering Project Manager
Enclosure: Facility Compliance Inspection Report