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HomeMy WebLinkAbout3505_NOCAV_20220302ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director �EQ NORTH CAROLINA Environmental Quality March 2, 2022 CERTIFIED MAIL 7020 1810 0002 1109 2770 RETURN RECEIPT REQUESTED Mr. Dan Wall 2310 Garner Road Raleigh, NC 27610 RE: Notice of Continuing and Additional Violation Wall Recycling, LLC Permit #s 3505-LCID-2020, 3505-TP-2020, 3505-MWP-2020 2095 US Highway 1 Franklinton, NC 27525 Dear Mr. Wall, On July 29, 2021, the State of North Carolina, Division of Waste Management Solid Waste Section (Section) issued a Notice of Violation (NOV) letter to you and your company, Wall Recycling, LLC, regarding violations at the Wall Recycling facility located at 2095 US Hwy 1, Franklinton, NC in Franklin County. A follow-up inspection was conducted on February 22, 2022. During this inspection, it was determined that the shingle pile had not been stored in leak proof containers or reduced by seventy-five percent prior to December 31. During the February 22, 2022 inspection, the following additional violation was noted: A. 15A NCAC 13B .0562 (a), "'Beneficial fill' means a fill activity to level or bring an area to grade for the beneficial purpose of stabilizing the land or improving the land use potential using only inert debris waste." And 15A NCAC 13B .0101 (28), "'Inert debris waste' means inert debris that consists solely of asphalt, cured concrete, brick, concrete block, gravel, and rock. Inert debris waste shall not contain chemical adhesives or sealants, or lead -based paint." The Wall Recycling Facility is in violation of 15A NCAC 13B .0101 (28) in that concrete and other inert debris comingled with countertop waste, that has been treated with sealants or has adhesive backing, was being crushed and utilized as road base on the site access road and the perimeter road of the LCID landfill. 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 - cetua'..rtofE"a—emaiQuality /� 910.433.3300 Wall Recycling, LLC Notice of Continuing and Additional Violation Page 2 of 3 March 2, 2022 Due to the fact that the violations in the July 29, 2021 violations have not been corrected at this time and additional violations were identified, you are hereby notified that the Section intends to move forward in the enforcement process. In order to potentially abate any further action forthcoming, it is recommended that the corrective actions listed in the NOV letter and below be taken immediately upon receipt of this notice. Based upon the foregoing, upon receipt of this Notice of Continuing and Additional Violations, Wall Recycling, LLC shall come into compliance with all applicable requirements of the Permit to Operate Part VI (44)(b) and regulations in 15A NCAC 13B .0101 (28) by completing the following: 1. CEASE grinding the countertop waste together with concrete. 2. Remove and properly dispose of the countertop waste within the inert debris pile. Any countertop waste utilized as road base will need to be removed from the facility and properly disposed of. 3. Remove and properly dispose of or recycle the asphalt shingles. All corrective measures must be completed within 30 days' receipt of this notice of continuing and additional 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 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. 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 Wall Recycling, LLC Notice of Continuing and Additional Violation Page 3 of 3 March 2, 2022 We solicit your cooperation and would like to avoid taking further enforcement actions. At the same time, it is your responsibility to comply with the requirements of the General Statutes and/or the North Carolina Administrative Code. 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) 433-3352 or e-mail amanda.thompson@ncdenr.gov. Sincerely, Amanda Digitally signed by Amanda Thompson Thompson Date: 2022.03.02 15:35:35 -05'00' 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 Diana Felix, Permitting Engineer —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