3416_NOD_20221221

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

January 19, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 9565 2454
Jorge Fernandez, General Manager – Republic Services
Republic Services 2875 Lowry Street
Winston-Salem, NC 27101
7007 1490 0004 9565 2461
CT Corporation System, Registered Agent
160 Mine Lake Ct Ste 200 Raleigh, NC 27615-6417

SUBJECT: Notice of Deficiency Compliance Inspection Report
Overdale Road Transfer Station
3416T-TRANSFER- Forsyth County

Dear Mr. Fernandez and Registered Agent:

On December 21, 2022, Robert Pike and Deb Aja, 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. Jorge Fernandez was present and represented Republic Services, LLC
during this inspection. The following violations were noted:

A. 15A NCAC 13B .0203(d) states,” By receiving solid waste at a permitted facility, the permittee shall be
considered to have accepted the conditions of the permit and shall comply with the conditions of the permit.”
Permit to Operate No. 3416T-TRANSFER-, ATTACHMENT 3, PART VI, Transfer Station/Treatment and Processing Unit Condition #7(a) states, “The tipping floor and transfer trailer loading area must be maintained
in a clean, sanitary condition at all times and must be cleaned at least daily.”

Republic Services of North Carolina LLC is in violation of 15A NCAC 13B .0203(d) for failing to maintain the
transfer station loading bay area in a sanitary condition. During the inspection a large amount of waste was
observed along the floor and walls of the loading bay area.

B. 15A NCAC 13B .0405(a)(10) states, in part “Windblown waste: Site staff shall conduct daily inspections
for windblown waste on the site property. Windblown litter from site operations discovered during the daily inspections or observed on adjacent properties shall be picked up and containerized for disposal by the end of
each operating day, unless the landowner of the adjacent property denies access to site staff.”.

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0405(a)(10) for failing to pick up and
containerize windblown litter from site operations discovered during the daily inspections and containerized by
the end of each operating day. During the inspection windblown material was observed throughout the facility
and was observed beyond the perimeter fencing along the northwestern side of the facility.

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
Republic Services of North Carolina, LLC Overdale Road Transfer Station
Notice of Deficiency
Page 2 of 2 January 19, 2023

C. 15A NCAC 13B .0203(d) states, “By receiving solid waste at a permitted facility, the permittee shall be
considered to have accepted the conditions of the permit and shall comply with the conditions of the permit.”
Permit to Operate No. 3416T-TRANSFER-, ATTACHMENT 3, PART VI, Transfer Station/Treatment and Processing
Unit Condition #7(b) states in part “waste must only be deposited on a “tipping floor” or directly into a transfer
container.”

Republic Services of North Carolina, LLC is in violation of 15A NCAC 13B .0203(d) for allowing waste to be
deposited outside of the tipping floor. During the inspection waste was observed to have been deposited outside
of the tipping floor.

The above violations may have or can compromise the facility’s ability to ensure protection of the public health
and the environment and thus require remedial action on behalf of the facility in order to maintain compliance
with 15A NCAC 13B. Based upon the foregoing, Republic Services of North Carolina, LLC shall come into
compliance by February 3, 2023 with all requirements of the regulations in 15A NCAC 13B .0203(d) and 15A
NCAC 13B .0405(a)(10) by completing the following at the Overdale Road Transfer station:

1. Ensure that the tipping floor and transfer trailer loading area are maintained in a clean, sanitary
condition at all times and cleaned at least daily.
2. Ensure that windblown litter from site operations discovered during the daily inspections and observed
on the adjacent property is picked up and containerized for disposal by the end of each operating day.
3. Ensure all waste is deposited on the facility’s tipping floor or is contained in a transfer container.

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 any 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 operator has completed the requirements of this Notice of Deficiency.
If you have any questions, please contact me at 336-776-9672 or e-mail [e-mail].

Sincerely,

Robert Pike
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer