9242_NOV_20220727

July 27, 2022

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 0600 0001 7442 8515

Mr. Dan Wall
2310 Garner Rd
Raleigh, NC 27610

RE: Notice of Violation
Wall Recycling – Garner Road Transfer Station and Mixed Waste Processing Facility
Permit #9242-Transfer-2020 and 9242-MWP-2020
2126 Garner Road
Raleigh, NC 27610

Dear Mr. Wall,

On June 30, 2022, Mr. Tim Davis, along with Mr. Drew Hammonds, and 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 Statutes and Rules. The following violations were noted:

A. 15A NCAC 13B .0405 (b), “Water that come into contact with solid waste is leachate
and shall be collected for the site for disposal to an approved facility or discharged
directly from the site into a sanitary sewer line.”

And Permit Approval to Operate, Attachment 3, Part VI, (20) (a) & (b), “All water that
comes in contact with solid waste, including vehicle wash down water, is leachate and
must be captured and properly treated before release to the environment. The
leachate control system, such as floor drains, leachate collection devices, sanitary
sewer connections, and leachate storage tanks, must be operational during facility
operations. The tipping floor must drain away from the building entrance and into the
leachate collection system.”

Wall Recycling, LLC is in violation of 15A NCAC 13B .0405 (b) and Permit Approval to Operate,
Attachment 3, Part VI (20) (a) and (20) (b) in that leachate has not been properly captured and
treated prior to release into the environment. At the time of this inspection, leachate was
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Notice of Violation
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July 27, 2022

observed draining from the MSW transfer trailer loading bay floor into an unlined trench drain.
This unlined drain allows leachate to directly contact the ground and flow along the property
line and potentially onto the adjacent property.

B. 15A NCAC 13B .0403 SITING AND DESIGN REQUIREMENTS
(b) Sites shall meet the following design requirements:

(2) Tipping floors shall be located within an enclosed building or covered area to
prevent precipitation from coming into contact with waste, and all waste shall be
managed on the tipping floors unless otherwise stated in the site permit. For the
purpose of the rules of this Section, “tipping floor” means the area where waste
is offloaded from residential or commercial vehicles and staged and consolidated
for transport to its intended disposal location.
And, 15A NCAC 13B .0405 OPERATIONAL REQUIREMENTS
(a) The owner of a transfer station (site) shall maintain and operate the site in
accordance with operations plan incorporated into the permit by Rule .0404(d)
of this section and the following conditions.

And, Section 3.0 MWP & Transfer Station Operations Plan, 3.1 General Facility
Operations
The Facility is a permitted, Mixed Waste Processing (MWP) Area and Transfer
Station. The C&D and MSW operations will occur inside the metal building or
under roof and will be unaffected during rain events. Some C&D processing
operations may occur outside the building for inert debris materials such as
concrete, asphalt, and clean soils.

Wall Recycling, LLC is in violation of 15A NCAC 13B .0403 (b)(2), 15A NCAC 13B .0405 (a), and
Section 3.1 of The MWP & Transfer Station Operations Plan by continuing to dump and process
C&D waste outside of the metal building designated for this use in the Section approved
operations plan.

Based upon the foregoing, upon receipt of this Notice of Violation, Wall Recycling, LLC shall
come into compliance with all applicable requirements of the Permit Approval to Operate,
Attachment 3, Part VI (20) (a) and (20) (b), regulations in 15A NCAC 13B .0405 (b), regulations in
15A NCAC 13B .0403 (b)(2), regulations in 15A NCAC 13B .0405 (a), and Section 3.1 of the MWP
& Transfer Station Operations Plan by completing the following:

1. Immediately ensure measures are taken to prevent leachate from contacting the
ground directly.
2. In response to the leachate release, submit a sampling plan to the Section for
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Notice of Violation
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July 27, 2022

approval prior to sampling. The proposed plan shall be submitted in electronic
format sent via email to Tim Davis at [e-mail] and Perry Sugg at
[e-mail] and meet the following requirements:

a) Include a map/aerial photo depicting area of impact and proposed sampling
locations;
b) Provide a description of the proposed sampling methodology; and
c) Describe proposed subsurface soil sampling and surface water sampling (if
applicable) at specific locations, including background soil and upstream
water locations, to evaluate the extent of the potential environmental
impacts from the release(s) at the facility;
i) Subsurface soil samples shall be collected between one to two feet below
ground surface;
ii) Discrete soil samples shall be collected. Composite samples will not be
accepted; and
iii) All soil and surface water samples shall be analyzed by a NC certified
laboratory for 40 CFR Part 258 Appendix I parameters (VOCs and Total
metals), total phosphorus, sulfate, nitrate and pH.

After Section approval of the sampling plan, the plan shall be implemented within
seven (7) days. Within 10 business days after receiving the analytical results from
the laboratory, submit documentation regarding the sampling event which shall
include the following:
a. A summary of the leachate release, actions taken to address the release, and
the release assessment;
b. A map/aerial photograph depicting the sampling locations;
c. A table of the surface water analytical results compared to the NCDWR
Surface Water Quality Standards & Protective Values;
d. A table of the subsurface soil analytical results compared to the NCDEQ
Preliminary Soil Remediation Goals (PSRGs) must be met;
e. The associated laboratory reports from the NC certified laboratory including
the chain of custody and QA/QC results;
f. The sampling methodology, if different from the proposed plan; and
g. Conclusions and recommendations

2. Within 30 days move all MWP dumping and processing operations inside the metal
building designated for such use in the Section approved operations plan.

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.
Wall Recycling, LLC
Notice of Violation
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July 27, 2022

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
[phone] or e-mail [e-mail].

Sincerely,

Tim Davis
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
Sherri Stanley, Permitting Branch Head – Solid Waste Section
Diana Felix, Permitting Engineer -Solid Waste Section
Chris Gustin, HNA Engineering