9233T_NOV_20230210

February 10, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 0150 0000 3068 5463

Mr. Roy Baldwin
Wake County Government
336 Fayetteville Street
Raleigh, NC 27602

RE: Notice of Violation
East Wake Transfer Station
Permit #9233T-TRANSFER-2008
820 Corporation Parkway
Raleigh, NC 27610

Dear Mr. Baldwin,

On the days of November 15, 16, and 25 of 2022, December 20-23, and 30 of 2022, January 3, 4,
and 31 of 2023, and February 1-2 of 2023, Mr. Tim Davis, representing the State of North Carolina,
Division of Waste Management Solid Waste Section (Section), received email notifications that
the operator of the above referenced facility was unable to clear the tipping floor of waste by the
end of each of the listed operating days. Based on the information obtained from these emails,
the Section has determined the facility is in violation of the following North Carolina Solid Waste
Statutes and Rules:

A. 15A NCAC 13B .0405 (a)(11), “Site Cleaning and Maintenance: Unless otherwise stated
in the site permit, all waste shall be removed from the tipping floor, the truck loading
bays, and from behind push walls by the end of each day of operation and disposed of
in accordance with this Subchapter.”

B. 15A NCAC 13B .0203 (d), “By receiving solid waste at a permitted facility, the permittee
shall be considered by the Department to have accepted the conditions of the permit
and shall comply with the conditions of the permit.”

East Wake Transfer Station
Notice of Violation
Page 2 of 3
February 10, 2022

Permit to Operate, Attachment 3, Part VI, #16 states, “Waste must only be deposited
on the tipping floor or directly into a transfer container in accordance with the approved
Operation Plan. Waste must not be stored on the tipping floor after operating hours.

And, Permit to Operate, Attachment 3, Part VI, #17 states in part, “Any waste stored on-
site after operating hours must be stored in leak resistant transfer trailers, with
watertight covers…”.

The East Wake Transfer Station is in violation of 15A NCAC 13B .0405(a)(11), 15A NCAC
13B .0203 (d) and Permit to Operate, Attachment 3, Part VI, #16 and #17 for failure to
remove all waste from the transfer station tipping floor and dispose of or store it properly
at the end of each operating day.

Based upon the foregoing, upon receipt of this Notice of Violation, East Wake Transfer Station
shall come into compliance with all applicable requirements of regulations 15A NCAC
13B .0405(a)(11), 15A NCAC 13B .0203 (d), and Permit to Operate, Attachment 3, Part VI, #16 and
#17 by completing the following:

1. The Facility Owner/Operator must ensure that all waste is removed from the transfer
station tipping floor by the end of each operating day in accordance with the rules and
Permit to Operate for this facility.

2. Please provide the Section with a Corrective Action Plan for review and or approval as
to how the Facility Operator intends to prevent these occurrences in the future. The
plan should include any collaboration between the East Wake Transfer Station Facility,
hauling contractors, and the receiving landfill(s). The plan should include measures
such as closing the gate to vehicles when there are not enough trailers on site to hold
the waste, bringing in additional trailers or contracting with additional haulers as
necessary.

3. Please provide photographic documentation moving forward showing the cleared
tipping floor daily until the Corrective Action Plan has been submitted to the Section.

Corrective measures must begin upon receipt of this notice of violation. 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.

The violation listed above was observed by Section staff and requires 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
East Wake Transfer Station
Notice of Violation
Page 3 of 3
February 10, 2022

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
Stan Joseph, Solid Waste Director – City of Raleigh
John Roberson, Solid Waste Management Director – Wake County
Melanie Morse, Terminal Manager – CEI, East Wake Transfer Station
Anthony James, Regional Manager – CEI
Anthony Hill – CEI, East Wake Transfer Station