SWC-11-12 081811 NOV Letter

North Carolina
Dexter Matthews, Director
Hand Delivered: AKeller
Mike Crowell
523 Pond Road
Asheville, NC 28806
NCDENR
Department of Environment and
Division of Waste Management
September 2, 2011
SUBJECT: Notice of Violation
Compliance Inspection Report
Crowell Farms
SWC-11-12
Buncombe County
Dear Mr. Crowell:
Natural Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
On August 4, 12, and 18, 2011, Andrea Keller, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, inspected the above referenced facility for compliance with North Carolina
solid waste statues and rules. Bev Price, representing the State of North Carolina, Division of Water Quality,
Aquifer Protection Section, was present during the August 12 and August 18 site inspections. Mike Crowell
was present and represented Crowell Farms during these inspections. The following violations were noted:
A. 15A North Carolina Administrative Code (NCAC) 13B .1406 Operational Requirements for Solid Waste
Compost Facilities: Any person who maintains or operates a solid waste compost facility shall
maintain and operate the site to conform with the following practices:
(6) A site shall only accept those solid wastes that it is permitted to receive.
On August 12, 2011, bovine bone matter was observed within composting process. It was stated by
Mr. Crowell that more than one carcass from his cattle farm operations (adjacent to the Solid Waste
Compost Facility) had been disposed of in this manner.
Crowell Farms is a Large Type III Compost Facility permitted to receive the: grease trap waste, manure
and bedding, food waste (pre and post -consumer), cardboard, and ground land clearing debris, yard
waste, sawdust, and wood wastes. The disposal of the bovine carcasses constitutes a violation of 15A
NCAC 13B .1406 (6).
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B. 15A NCAC 13B .1406 Operational Requirements for Solid Waste Compost Facilities
(14)(A) The finished product shall meet the classification and distribution requirements outlined
in Rule .1407 of this Section.
On September 20, 2010 and March 7, 2011, analytical results for pathogen reduction requirements
failed to meet 15A NCAC 13B .1407 requirements for Grade A compost. The results of the failed tests
were not communicated to the Section and Crowell Farms did not halt distribution of the failed
compost product.
Additionally, 15A NCAC 13B .1407 requires that the compost meet the 15A NCAC 13B .1408 Methods
for Testing and Reporting Requirements which require testing for foreign matter, pathogen reduction,
and select metals which in the case of the Crowell Farms Large Type III facility include: Cadmium,
Copper, Lead, Nickel, and Zinc. A review of the analytical sampling results submitted to the Section
indicated discrepancies between the required versus the submitted results for regulated metals.
Specifically, Crowell Farms did not report analytical results for Cadmium, Lead, and Nickel.
COMPLIANCE SCHEDULE
Based upon the foregoing, Crowell Farms shall come into compliance with all requirements of 15A NCAC 13B
.1406 (6) and (14)(A) by completing the following:
By September 16, 2011, Crowell Farms shall submit a written certification outlining the amounts of product
distributed, including information on all customers who received this material, between the spring 2010
sampling event (last sample which met pathogen reduction requirements) and the August 8, 2011 sampling
event. This submittal should include written certification of any actions taken to prevent the noted
deficiencies, including the intake of non -permitted wastes, from occurring in the future. Mail this
certification to Andrea Keller, Asheville Regional Office, 2090 US Hwy 70, Swannanoa, NC 28778 by the noted
compliance date.
By October 16, 2011, Crowell Farms shall provide a written Standard Operating Procedure (SOP) which
outlines analytical testing procedures, including, but not limited to, the following:
• Sampling requirements and excedance limits for all tested constituents;
• Sampling procedures for the pathogen test, foreign matter test, and for the regulated metals;
• Response plan, including notification to the Section and halting distribution to the public of all compost
product, to be followed if/when lab results indicate a failed sample; and
• Procedure for handing failed compost (re -composting, proper disposal, etc.).
This SOP should be incorporated into the Operations Plan submitted during the permit renewal process. Mail
this certification to Andrea Keller, Asheville Regional Office, 2090 US Hwy 70, Swannanoa, NC 28778 by the
noted compliance date.
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw One
Nortaht%C�aarolinna
An Equal Opportunity 1 Affirmative Action Employer yatu ally/

Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
If you have any questions please contact me at [phone] or e-mail [e-mail].
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Michael Scott, Section Chief — Solid Waste Section
Linda Culpepper, Acting Field Operations Branch Head — Solid Waste Section
Jason Watkins, Western District Supervisor — Solid Waste Section
Shawn McKee, Compliance Officer — Solid Waste Section
Bev Price, Division of Water Quality —Aquifer Protection Section
Dr. David Marshall, DVM, State Veterinarian david.marshall@ncat;r.gov
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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