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HomeMy WebLinkAbout7908_NOV_20230216North 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 February 16, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 9565 2478 Edward Shelton City of Reidsville, Solid Waste Department 1100 Vance Street Reidsville, NC 27320 SUBJECT: Notice of Violation Compliance Inspection Report Reidsville Yard Waste and Material Recovery Facility 7908-COMPOST-2018 Rockingham County Dear Mr. Shelton: On January 31, 2023, Robert Pike, representing the State of North Carolina, Division of Waste Management Solid Waste Section (Section) and Andrew Kormos, representing the State of North Carolina, Division of Air Quality, inspected the above referenced facility for compliance with North Carolina solid waste statutes and rules. Edward Shelton was present and represented the City of Reidsville during this inspection. The following violation were noted: A. 15A NCAC 13B .0203(d) states: “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.” Permit to Operate No7908-COMPOS-2018, ATTACHAMNET 3, PART 1, General Facility #5 states, in part “open burning of solid waste is prohibited.” B. 15A NCAC 13B .1406 states: “A person who maintains or operates a solid waste compost facility shall maintain and operate the site to conform with the practices and operational requirements of this rule.” 15A NCAC 13B .1406(7)(a) states, “open burning of solid waste shall be prohibited.” During the January 31, 2023 inspection an air curtain incinerator was observed to be on site. Ash material was observed to be scattered on the ground surrounding the incinerator and a pile of smoldering land clearing debris was located north of the incinerator. Facility staff stated that the air curtain incinerator had been used at the facility for a period of two weeks. Based upon the foregoing, the City of Reidsville shall come into compliance by February 28, 2023 with all requirements of the regulations in 15A NCAC 13B .0203(d) and 15A NCAC 13B .1406(7)(a) by completing the following at the Reidsville Yard Waste and Material Recovery Facility: 1. Cease all open burn activities at the facility. 2. Properly dispose of all ash at the site as well as all wood waste that was smoldering on the day of the inspection once safe to do so and when the fire is completely extinguished. Provide proof of disposal to Robert Pike at robert.pike@ncdenr.gov. 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 Edward Shelton Reidsville Yard Waste and Material Recovery Facility Notice Of Violation Page 2 of 2 February 16, 2023 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 Violation. If you have any questions, please contact me at 336-776-9672 or e-mail rober.pike@ncdenr.gov. Sincerely, Robert Pike Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Deb Aja, Western District Supervisor Chris Hollinger, Compliance Officer