9504_AppStateCompost_CHR

ROY COOPER
Governor
ELIZABET! a S. BISER
5eGrerary
MiCHAEL SCOTT
Director
Sent Via Email
Mr. David Isaacs
Facilities Maintenance Supervisor
Appalachian State University
Boone, NC 27205
NORTH CAROLINA
E'nVtronm tat Qucalw-
April 1, 2022
MAY 0 61022
SOLID WASTE SECTION
Re: Compliance History Review, Compost permit renewal
Appalachian State University Compost Facility, Permit 9504-COMPOST-2011
Watauga County, North Carolina
Dear Mr. Isaacs:
The Solid Waste Section is reviewing Appalachian State University's application for permit
renewal of the compost permit. In accordance with N.C.G.S. §130A-294(b2) and §130A-295.3,
the Section will conduct a review of the University's past compliance history. Please complete
the enclosed questionnaire and return by email to donna.wilson ncdenr. ov or send by mail
to the address below. Additional follow-up information may be requested.
If you have any questions, please contact me [e-mail].
cc: C. T. Gerstell
Max Alff, App State
Sincerely,
Donna J. Wilson
Engineering Project Manager
Solid Waste Section
«+ wtan+n
nM.roAn a b.nollnrw ueYp
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Mr. Isaacs
Page 1
Compliance Review
Ao Walachian State University is requested to provide the following information regarding their
compliance history. For purposes of the questions below, the phrase "within the past five
years," means five years prior to the date of this request.
For each question that is marked with an answer other than "not applicable," please provide
a written, detailed explanation, including how or if the matter has been resolved.
A. The following question applies to all of the applicant's solid waste management (including
hazardous waste management) activities.
1. With respect to the applicant's solid waste management activities, check whether the
applicant has been a party to or received any of the following within the past five years.
If not applicable, mark "N/A":
ta. Compliance Order with a penalty
b. Compliance order without a penalty
�A'c. Order to cease operating
Vie.
Order to abate public health nuisance [130A-19];
V e. Order to abate imminent hazard [130A-20];
rW4f. Order to abate nuisance scrap tire site [130A-309.60]).
g. Administrative Consent Agreement or Settlement Agreement (e.g., may involve
revised permit conditions)
Nth. Revocation or suspension of a permit
yi. Denial of a permit application for a solid waste management facility
JAL Penalty Collection lawsuit (lawsuit to collect an unpaid penalty)
)V k. Confession of Judgment (for the payment and collection of an unpaid penalty or
other monies owed to a special account, such as the scrap tire account or white
goods account)
I. Injunctive relief or law suit for injunctive relief
m. Lawsuit for forfeiture of gain (N.C.G.S. §130A-28)
�4n. Lawsuit for recovery of money (N.C.G.S. §130A-27)
YAo. State Criminal action- misdemeanor or felony (N.C.G.S. 130A-25; 130A-26.1 and
26.2;14-399
*p. Federal criminal action -misdemeanor or felony
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
sew.�uw+s 919.707.8200

Mr. Isaacs
Page 2
B. [Note: Questions 2 and 3 cover any type of environmental violation.]
Check all applicable boxes (ONE MUST BE CHECKED FOR EACH QUESTION).
Within the past five ears:
2. The applicant has been convicted of, or pled guilty or no contest to, a criminal violation
of a statute, regulation, or rule for the protection of the environment or conservation of
natural resources.
a. in state court
b. in federal court
Y. not applicable
3. A monetary penalty (whether denominated as a civil penalty, an administrative penalty,
a judicial penalty, or by some other designation), has been assessed against the
applicant for the violation of a state or federal statute, regulation, rule, including a
permit condition, or for the protection of the environment or conservation of natural
resources.
a. in a state forum
b in a federal forum
�;/?-, not applicable
[Note: Questions 4 and 5 will encompass those situations where a solid waste
_management facility operated in violation of solid waste management
statutes regulations, as well as water quality,including. groundwater and surface water,
sedimentation and erosion control and air ualit statutes regulations, among others.]
4. With respect to any solid waste management facility (including hazardous waste
management) owned or operated by the applicant, a lawsuit for injunctive relief has
been filed against the applicant for the violation of a statute, regulation or rule for the
protection of the environment or conservation of natural resources.
a. in state court
in federal court
2c. not applicable
North Carolina Department of Environmental Quality I Division of Waste Management
z:�-D,E Q 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919,707.8200

Mr. Isaacs
Page 3
5. With respect to any solid waste management facility (including hazardous waste
management) owned or operated by the applicant, a judgment, or consent judgment,
for injunctive relief has been entered against the applicant for the violation of any
statute, regulation or rule for the protection of the environment or conservation of
natural resources.
a. in state court
b. in federal court
V. not applicable
6. A permit for a solid waste management facility owned or operated by the applicant has
been revoked or suspended.
a. in a state forum
_b. in a federal forum
mac. not applicable
7. An environmental permit for any undertaking other than a solid waste management
facility has been revoked or suspended.
a. in a state forum
b. in a federal forum
/C. not applicable
8. The applicant submitted a permit application for the proposed ownership or operation
of a solid waste management facility that has been denied.
a. in a state forum
b. in a federal forum
7c. not applicable
9. A governmental agency or unit has notified the applicant in writing that the applicant
has operated or is operating a solid waste management facility without the requisite
permit.
Vtyes
not applicable
North Carolina Department of Environmental Quality I Division of Waste Management
1E217 West Jones Street 11646 Mail Service Center I Raleigh. North Carolina 27699-1646
n.�ro.a+or aawe+.ri u,rw 919.707.8200

Mr. Isaacs
Page 4
10. A governmental agency or unit has notified the applicant in writing that the applicant
has operated or is operating a solid waste management facility outside the scope of the
permitted activity.
a yes
:• not applicable
11. A governmental agency or unit has notified the applicant in writing that the applicant
has operated or is operating a facility or undertaking other than a solid waste
management facility without the requisite environmental permit(s).
_a. yes
not applicable
ham'€h CAflG ,RJA
uowrG�wr a Hwro.ri.oq V
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

. If
Mr. Isaacs
Page 5
The applicant may be requested to provide a written, sworn statement certifying the
status of the matter.
If the applicant certifies that the applicant is now in compliance, the applicant may be asked to
submit proof from the agency having jurisdiction over the violation that the applicant is in the
process of correcting or has corrected the violation to the satisfaction of the agency.
The applicant will be asked to certify the truth and accuracy of the answers provided to these
compliance review questions.
I, vJ Lsaac , hereby certify on behalf of Appalachian State University as the
University'
ojSca ..e, S eaAn itle of position with applicant), that I have read the foregoing
answers provided to the Compliance Review, that the information and answers contained in
the responses to the Compliance Review are true and accurate based on my own knowledge
and my review of documents and that I have not omitted any material information or falsified
any information contained in the foregoing answers. I further certify that I have the requisite
authority vested in me by?alachian State Universit to bind the Unite to the accuracy
and completeness of the information provided herein. I am aware that there are significant
penalties for making any false statement, representation, or certification including the
possibility of a fine and imprisonment.
Signature/printed name and title:
Attest:
="J 1 C� CS
State of N 1a4k C-Ctro l z". "
County of�a�
Sworn and subscribed to before me this the 3r] day of MeL i 20 z 2.
c
Notary Public d
My Commission expires: liiQf,� o� of�(Yof
SEAL iJJ
1 �
h[� D E�
Cawarratl uwa�
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200