YWN-51-008_NOV_20211015

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
October 15, 2021
CERTIFIED MAIL 7019 0700 0000 3643 4312
RETURN RECEIPT REQUESTED
Mr. Michael Weeks
MW Waste & Recycling, Inc.
6186 Benson Hardee Road
Benson, North Carolina 27504
RE: Notice of Violation
MW Waste & Recycling, Inc.
Permit # YWN-51-008
216 Massengill Pond Road
Angier, North Carolina 27501
Dear Mr. Weeks,
On October 11, 2021, Ms. Amanda Thompson and Mr. Drew Hammonds, 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 Statues and Rules. The
following violations were noted:
A. 15A NCAC 13B .1402 (6)(A), "Small Type 1 facilities shall have an operations area less
than two acres in size and shall be limited to no more than 6,000 cubic yard material
onsite at any given time, including finished product."
The MW Waste & Recycling, Inc. Facility is in violation of 15A NCAC 13B .1402 (6)(A) in
that the operations area was greater than 2 acres and more than 6,000 cubic yards of
material stored at the facility.
B. 15A NCAC 13B .1402 (2), "A 100-foot buffer shall be maintained between all property
lines and compost areas for Type 3 and 4 facilities, 50-foot for Type 1 or 2 facilities."
And 15A NCAC 13B .1402 (5), "A 50-foot buffer shall be maintained between perennial
streams and rivers and compost areas."
D EQ North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
cePaemeMore-,o—emaiWsiN /� 910.433.3300

MW Waste & Recycling, Inc.
Notice of Violation
Page 2 of 4
October 15, 2021
The MW Waste & Recycling, Inc. Facility is in violation of 15A NCAC 13B .1402 (2) in that
the operations area is located on two parcels, 13CO4022Y and 13C04021A. The MW
Waste & Recycling, Inc. Facility is in violation of 15A NCAC 13B .1402 (5) in that vegetative
waste was found to be stored directly adjacent to three onsite ponds, located in the
western portion of the facility.
C. 15A NCAC 13B .1406 (3), "Stormwater shall be diverted from the operations area."
And 15A NCAC 13B .0103 (e), "No person shall dispose or cause the disposal of solid
waste in or on waters in a manner that results in solid waste's entering waters or being
deposited upon lands of the State."
The MW Waste & Recycling, Inc. Facility is in violation of 15A NCAC 13B .1406 (3) and 15A
NCAC 13B .0103 (e) in that waste was placed in standing water within the operations area
and in standing water of the forested area surrounding the operations area.
D. 15A NCAC 13B .1406 (6), "A site shall only accept those solid wastes that it is permitted
to receive."
The MW Waste & Recycling, Inc. Facility is in violation of 15A NCAC 13B .1406 (6) in that
unacceptable demolition wastes were observed within the waste stream.
Based upon the foregoing, upon receipt of this Notice of Violation, MW Waste & Recycling, Inc. shall
come into compliance with all regulations in 15A NCAC 13B .1402 (6)(A), 15A NCAC 13B .1404 (2 and
5), 15A NCAC 13B .1406 (3 and 6), and 15A NCAC 13B .0103 (e) by completing the following:
1. Cease accepting wastes at this site until conditions of compliance are met.
2. Continue to process and remove the vegetative waste.
3. Remove any waste that has been placed within water.
4. The crushed, comingled construction and demolition waste must be removed and disposed
of properly at a permitted facility.
5. In order to meet the property line buffer requirements, either combine the parcels or move
the waste and operations area so that it occupies one parcel.
6. Remove any unacceptable wastes from the waste stream and properly dispose of at a
permitted facility. Disposal tickets from a properly permitted disposal facility for the
unacceptable waste should be maintained and copies provided to Amanda Thompson.
(Please note that burning of the waste is prohibited and would be in violation of the North
Carolina Air Quality Rules.)
7. Properly grade the facility so that water is shed away from the waste.
8. Measures must be installed to prevent sediment from leaving the site during cleanup.
9. It may be necessary to contact the County, DEMLR, ACOEs or DWR before commencing
cleanup activities to ensure proper procedures or measures are in place. Please notify the
E Q North Carolina Department of Environmental Quality I Division of Waste Management
_ Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA
oePanmam of Environmental Qw / 910.433.3300

MW Waste & Recycling, Inc.
Notice of Violation
Page 3 of 4
October 15, 2021
Section staff as soon as practical, should you be required to deviate from the compliance
date.
All corrective measures must be completed within 60 days' receipt of this notice of violations. A follow
up site inspection will be conducted after 60 days have passed to ensure that the corrective measures
have been completed to bring this facility into compliance. Mr. Michael Weeks and MW Waste &
Recycling, Inc. shall provide written certification with supporting documentation on company
letterhead confirming the noted compliance schedule has been completed. Include in this
certification any actions taken to prevent these violations from occurring in the future. The written
certification with supporting documentation should be mailed to the following address.
North Carolina Department of Environmental Quality
Amanda Thompson
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301
[e-mail]
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 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 regarding this matter, please feel free to contact me at (910)
433-3353 or e-mail [e-mail].
Sincerely,
Amanda Digitally signed by
Amanda Thompson
Thompson 07:4,:021.100'
07:41:00-04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
D E Q z North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
Depanmamoren.ironmeMlQual� /`� 910.433.3300

MW Waste & Recycling, Inc.
Notice of Violation
Page 4 of 4
October 15, 2021
copies: Jason Watkins, Field Operations Branch Head —Solid Waste Section
Andrew Hammonds, Eastern District Supervisor —Solid Waste Section
Chris Hollinger, Compliance Officer — Solid Waste Section
D E Q z North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
Depanmamoren.ironmeMlQual� /`� 910.433.3300