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October 21, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 0150 0000 3068 5395
Mr. Dan McGowan
2310 Garner Rd
Raleigh, NC 27610
RE: Notice of Continuing Violation
Wall Recycling – Garner Road Transfer Station and Mixed Waste Processing Facility
Permit #9242-MWP-2020
2126 Garner Road
Raleigh, NC 27610
Dear Mr. McGowan,
On July 27, 2022, the State of North Carolina, Division of Waste Management Solid Waste Section
(Section) issued a Notice of Violation (NOV) to Wall Recycling, LLC regarding violations at Wall
Recycling – Garner Road Transfer Station and Mixed Waste Processing Facility located at 2126
Garner Rd, Raleigh, NC in Wake County. The Solid Waste Section conducted a follow-up
inspection of the facility on October 12, 2022. During this inspection, it was determined that the
violation of 15A NCAC 13B .0405 (b) and PTO, Attachment 3, Part VI, 20 (a) and (b) has been
resolved in that concrete berms were installed at the transfer trailer loading bay entry and exit
points, the unlined trench drain has been filled and sealed with concrete, and a sampling plan
was submitted and executed. However, during this inspection, it was also determined that C&D
waste is continuing to be dumped and processed outside of the building and without cover. Due
to the fact that the violation of 15A NCAC 13B .0403, 15A NCAC 13B .0405, and Section 3.1 of the
MWP & Transfer Station Operations Plan noted in the July 27, 2022 letter has not been corrected
at this time, 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 be taken immediately upon receipt of this notice.
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
Wall Recycling, LLC
Notice of Violation
Page 2 of 2
July 27, 2022
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
and/or the North Carolina Administrative Code. If you have any questions regarding this matter,
please feel free to contact me at 919-707-8290 or e-mail timothy.davis@ncdenr.gov.
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
Dan Wall – Wall Recycling