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HomeMy WebLinkAboutSDTF3402_NOCV_20220308North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 March 8, 2022 CERTIFIED MAIL 7020 1290 0001 1766 7777 RETURN RECEIPT REQUESTED Mr. Rodney Sides Environmental Relief Technology, Inc. P.O. Box 208 Lewisville, NC 27023 SUBJECT: Notice of Continuing Violation Compliance Inspection Report Environmental Relief Technology, Inc. SDTF-34-02 Forsyth County Dear Mr. Sides: On February 14, 2022, the State of North Carolina, Division of Waste Management Solid Waste Section (Section) issued a Notice of Violation letter to Mr. Rodney Sides regarding facility violations. The following violations were listed: A. 15A North Carolina Administrative Code (NCAC) 13B .0838(e)(1) states: “Each detention and treatment facility shall be designed, constructed, and maintained in such a manner as to prevent leaks or the flow of septage out of the facility into the seasonally high water table, onto the ground surface, or into any surface waters.” Environmental Relief Technology, Inc. was in violation of 15A NCAC 13B .0838(e)(1) because leachate was allowed to flow into a storm drain. The Solid Waste Section conducted a follow-up inspection of the site on March 2, 2022. The evidence of septage that flowed into a storm drain had been removed. A barrier was in place next to the dewatering box but appears to be insufficient to prevent a future spill. New barriers had been purchased but were still in their box. Additionally, a spill of septage was observed at the truck unloading area. Even though the violation of 15A NCAC 13B .0838(e)(1) noted in the February 14, 2022 NOV has been corrected; due to the fact that an additional violation of 15A North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 Environmental Relief Technology, Inc. Notice of Violation Page 2 of 3 3/8/2022 NCAC 13B .0838(e)(1) was observed, 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 following actions be taken: 1. Immediately clean up all spills that occur at Environmental Relief Technology, Inc. 2. Immediately put in place the already purchased new barriers to control future spills. 3. Within 10 days of receipt of this notice, develop a means to remove liquid spills without outside assistance. 4. Within 10 days of receipt of this notice, submit a statement that the aforementioned items have been completed. Also submit the results of your investigation into the current spill located at the truck unloading area. Include in your response what will be done in the future to prevent and cleanup spills of septage at 617 Waughtown Street Bldg. Send the response to: Troy Harrison, Environmental Specialist II 2090 US Highway 70 Swannanoa, NC 28778 or troy.harrison@ncdenr.gov The response will be reviewed and additional actions may be required. The violation 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 any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. 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 North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 Environmental Relief Technology, Inc. Notice of Violation Page 3 of 3 3/8/2022 and/or the North Carolina Administrative Code. If you have any questions regarding this matter, please feel free to contact me at 828-296-4701 or e-mail troy.harrison@ncdenr.gov . Sincerely, Troy Harrison Environmental Specialist II Division of Waste Management - Solid Waste Section copies: Ed Mussler, Solid Waste Section Chief Chester Cobb, Environmental Program Consultant, Solid Waste Section City of Winston Salem Stormwater and Erosion Control Department files