42_N0661_NOV_20211110

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
November 10, 2021
CERTIFIED MAIL 7019 0700 0000 3643 4336
RETURN RECEIPT REQUESTED
Mr. Daniel Britt
PO Box 426
Red Oak, NC 27868
RE: Notice of Violation
Nash Brick Company LCID
Notification # N0661
532 Nash Brick Road
Enfield, NC 27823
Dear Mr. Britt,
On November 1, 2021, Ms. Amanda Thompson, 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 violation was
noted:
A. 15A NCAC 13B .0201 (c), "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 Nash Brick Company Facility is in violation of 15A NCAC 13B .0201 (c) in that Mr.
Daniel Britt did not submit the proper Notification paperwork to identify Mr. Britt as the
owner/operator after Mr. Britt purchased the property. During the most recent
inspection, it was determined that Mr. Britt was continuing to accept waste at this facility.
B. 15A NCAC 13B .0566 (2), "Solid waste in the landfill shall be compacted. Slopes shall not
exceed a ratio of three horizontal to one vertical at any time."
The Nash Brick Company Facility is in violation of 15A NCAC 13B .0566 (2) in that the waste
has not been compacted, covered, and sloped to a ratio of three horizontal to one vertical
D 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 -
cePaemeMofE"a—emaiQuality /� 910.433.3300

Nash Brick Company LCID
Notice of Violation
Page 2 of 3
November 10, 2021
at any time. The side slopes were determined to be nearly vertical during the September
2020, June 2021, and November 2021 inspections.
Based upon the foregoing, upon receipt of this Notice of Violation, Mr. Daniel Britt and Nash Brick
Company LCID shall come into compliance with all applicable requirements of 15A NCAC 13B .0201
(c) and .0566 (2) by completing the following:
1. Immediately CEASE accepting waste.
2. The facility MUST close in accordance with 15A NCAC 13B .0567.
3. All waste must be properly compacted, sloped and covered with a minimum of 12-inches
of soil.
4. Please note that burning of the waste is prohibited and would be in violation of the North
Carolina Air Quality Rules.
5. Implement sediment and erosion control measures at the facility as required by the
Sedimentation and Pollution Control Act to prevent any erosion from waste removal
activities. Stabilize the site by re-establishing native vegetation in the affected areas. Re-
seed and maintain as necessary to prevent erosion at the facility.
6. After completing proper closure in accordance with 15A NCAC 13B .0567, if the owner
wishes to operate in the future, the owner must apply for a LCID permit from the Section.
All corrective measures must be completed within 30 days' receipt of this notice of violations. A follow
up site inspection will be conducted after 30 days have passed to ensure that the corrective measures
have been completed to bring this facility into compliance.
The violation listed above was observed by Section staff and require action on behalf of Mr. Daniel
Britt and 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.
D 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 -
oapanmamoren.ironmeMlQual� /`� 910.433.3300

Nash Brick Company LCID
Notice of Violation
Page 3 of 3
November 10, 2021
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
late.10
Thompson 07:4805-0'5' 0'
07:48:05-OS'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
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 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 -
oapanmamoren.ironmeMlQua'� /`� 910.433.3300