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HomeMy WebLinkAbout9242_NOCV_20221021 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