SWCD 44-01-20090924 RES

ANa
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
YW
Transfer
Compost
X
SLAS
COUNTY: Haywood
MSWLF
PERMIT NO.: J.W. Johnson Tomato Co.,
Closed
HIIW
White
Incin
T&P
FIRM
MSWLF
goods
Inc. Solid Waste Compost Pilot Project
FILE TYPE: COMPLIANCE
CDLF
TireT&P
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Audit: September 24, 2009
FACILITY NAME AND ADDRESS:
J. W. Johnson Tomato Co., Inc.
Francis Farm Road
Haywood County
GPS COORDINATES: N: 35.50191
Date of Last Audit: 08/06/09, 08/14/09
E:-82.96194
FACILITY CONTACT NAME AND PHONE NUMBER:
OPERATOR AND GENERATOR:
John W. Johnson, Jr.
[phone]
OWNER: James Harley Francis, Jr.
P.O. Box 117
Lake Junaluska, NC 28745
[phone]
FACILITY CONTACT ADDRESS:
J. W. Johnson Tomato Co., Inc.
P.O. Box 241
Waynesville, NC 28786
AUDIT PARTICIPANTS:
Andrea Keller, NCDENR Division of Waste Management
William Wagner, NCDENR Division of Waste Management
Jay Johnson, Johnson Tomato Co., Inc.
STATUS OF PERMIT:
Solid Waste Type 2 Compost Pilot Project Authorized August 21, 2007
Compost Pilot Project Extension Granted October 24, 2008.
Compost Pilot Project Expires October 1, 2009.
PURPOSE OF AUDIT:
Partial Audit
NOTICE OF VIOLATION(S):
None

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 4
STATUS OF PAST NOTED VIOLATIONS:
15A North Carolina Administrative Code 13B .0106(a), .0106(b), 0201(a), .0201(b), .1409(b), .1406(1)(A), and
.1406(4): On August 6, 2009, waste was observed on site which failed to meet the operational conditions of the
permit. Waste was to be managed with windrows, covering, and controlled composting activities. Instead, the waste
was uncovered, not windrowed, and leachate was not contained to the approved operational area. In addition, waste
was observed in locations not approved for disposal, and thus were unpermitted open dumps.
On August 19, 2009, waste generated from Johnson Tomato Co., was routed to a permitted facility for disposal
(SWC-11-12) and on September 24, 2009, a follow-up site inspection was conducted to confirm the removal of waste
and the restoration of the facility site per the Notice of Violation compliance requirements.
Additional measures may be required by the Division to address the violations stated above.
You are hereby 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 Statute or Regulations.
For the violation(s) noted here, you may 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.
AREAS OF CONCERN AND COMMENTS:
1. The facility is a Type 2 Compost Pilot that may receive pre -consumer vegetative agricultural waste.
2. On August 6, 2009 and August 14, 2009, partial audits were conducted to observe the Compost Pilot operations.
This audit generated a Notice of Violation of Rules 15A NCAC 13B .1409(b), 15A NCAC 13B .1406(1)(A),
15A NCAC 13B .1406(4), 15A NCAC 13B .0106(a), 15A NCAC 13B .0106(b), 15A NCAC 13B .0201(a), and
15A NCAC 13B .0201(b).
3. Approximately 3 truckloads of vegetable waste were observed on the ground in the area approved for
composting. The waste was not placed on a bed of woodchips, covered, and managed in windrows. Wood chips
were the approved carbon source and bulking agent. Before photos below (8/6/09 and 8/14/09)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 4
4. During the follow-up audit on September 24, 2009, this area had been cleared of vegetative waste
(Photograph Taken 9/24/09)
5. Waste was placed/disposed of in two areas outside of the approved composting area: less than one truckload of
visible waste had been placed along the access road to the approved composting area, and additional waste,
amount unknown, was placed in an excavated pit (approximately 20 feet by 35 feet, depth unknown) that was
previously used as an illegal site in 2007.
Excavated pit with vegetable waste. Excavated pit following clean-up.
(Photograph Taken 8/6/09) (Photograph Taken 9/24/09)
6. As stated in the Notice of Violation generated from the August 6``' and August 14'h site inspections, the following
actions would bring J.W. Johnson Tomato Co., Inc. into compliance with 15A NCAC 13B of the Solid Waste
Management Rules:
a. Immediately cease accepting waste.
b. Within 2 weeks of receipt of this audit report, remove all vegetable waste and impacted soils to a solid
waste facility permitted to receive the waste, or, within 2 weeks all vegetable waste material and
impacted soils shall be windrowed and properly staged for composting in the area in accordance with the
Compost Pilot Project approval and application.
c. Within 90 days of receipt of this audit report all composting activity must be completed, compost
removed, and facility restored.
7. At this time, the above -stated actions have been completed. The site is no longer accepting waste (Crowell Dairy

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 4
Farms SWC-11-12 is accepting the waste) and all vegetable waste material has been removed.
Please contact me if you have any questions or concerns regarding this audit report.
Phone: [phone]
Andrea Keller
Environmental Senior Specialist
Regional Representative
Mailed on: 10/23/09
Hand delivery
US Mail
Certified No.
X
ec: Deb Aja, Western District Supervisor
Mark Poindexter, Field Operations Branch Supervisor
Michael Scott, Compost and Land Application Branch Supervisor
Donald Herndon, Compliance Officer
Cc: James Harley Francis, Jr., Landowner