8607TIRETP2013_INSP_20230615

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: Surry
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 8607-TIRETP-2013
CDLF Tire T&P / Collection X Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: June 15, 2023 Date of Last Inspection: April 19, 2023

FACILITY NAME AND ADDRESS:
New River Tire Recycling, LLC
312 East 52 Bypass
Pilot Mountain, North Carolina 27041

GPS COORDINATES (decimal degrees): Lat.: 36.38591 Long.: -80.46101

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Ben Bryant, President
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Same as above
PARTICIPANTS:
Ben Bryant, President – New River Tire Recycling, LLC
Tim Cagle, Plant Manager – New River Tire Recycling, LLC
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit Approval to Operate A Scrap Tire Collection and Processing Facility was issued to Ben Bryant and New
River Tire Recycling, LLC on February 4, 2019. The permit shall expire at the close of business on December 20, 2024.

PURPOSE OF SITE VISIT:
Partial Inspection

STATUS OF PAST NOTED VIOLATIONS:
Resolved Violation - 15A North Carolina Administrative Code 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.”

1. General Permit Condition #6 states: “Construction and operation of his solid waste management facility must
be in accordance with the Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the Chapter 130A of the
North Carolina General Statutes (NCGS 130A-290, et seq.); the conditions contained in this permit; and the
approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take
precedence unless specifically addressed by permit condition.
a. The Application for a Permit for a Scrap Tire Collection and Processing Facility (FID 1257521)
approved by the Permit Approval to Operate under Attachment 1, Part II: List of Documents for
the Approved Plan states: “Whole scrap tires shall be placed in an outdoor scrap tire pile(s) having
dimensions no greater than 5,000 square feet of continuous area or 50,000 cubic feet in volume or 10 feet
in height.”
b. The Application for a Permit for a Scrap Tire Collection and Processing Facility (FID 1257521)
approved by the Permit Approval to Operate under Attachment 1, Part II: List of Documents for
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

the Approved Plan states: “New River Tire will only create piles of processed material that are under
1,000 cubic yards.”

During an inspection on April 19, 2023, the stockpile of aircraft tires observed along the north wall of the facility was
measured and found to be greater than 50,000-cubic feet in volume in violation of A(1)(a) above.

During an inspection on April 19, 2023, a stockpile of sheared OTR tires and a stockpile of “rough shred” were
measured and each found to be greater than 1,000-cubic yards in volume in violation of A(1)(b) above.

To achieve compliance, within 30-days of receipt of the previous inspection report, New River Tire Recycling, LLC
was required to maintain all stockpiles of whole scrap tires to 50,000 cubic feet in volume. Additionally, all
stockpiles of processed material were to be managed in a manner not to exceed 1,000 cubic yards in volume.

Inspection of the facility on June 15, 2023 found all stockpiles of whole scrap tires and stockpiles of processed
material within the permissible volume limits. Therefore, this violation is considered resolved.

Resolved Violation - 15A North Carolina Administrative Code 13B .1107(2) states: “All scrap tire collection,
processing, or disposal sites that store scrap tires or processed tires outdoors shall comply with the following
technical and operational standards: (b) A 50-foot wide fire lane shall be placed around the perimeter of each
scrap tire pile.”

During an inspection on April 19, 2023, a 50-foot fire lane was not provided between a stockpile of airplane tires and
OTR tires along the northern wall of the facility. A 50-foot fire lane was also not provided between the stockpile of
“rough shred” and the western, exterior wall of the indoor shredding operation in violation of 15A NCAC 13B
.1107(2)(b).

Inspection of the facility on May 15, 2023 found that all airplane tires and OTR tires observed during the previous
inspection had either been removed or processed. The remaining “rough shred” material had been relocated to establish
a proper fire lane. Proper fire lanes had been provided around scrap tires piles observed during the inspection.
Therefore, this violation is considered resolved.

OBSERVED VIOLATIONS:
No new violations observed.

ADDITIONAL COMMENTS

1. The facility consists of a Scrap Tire Collection and Processing Facility for the collection and processing of scrap
tires.
2. This was a partial inspection to evaluate the efforts of New River Tire Recycling, LLC to comply with the
observed violations documented on the previous Facility Compliance Inspection Report issued on May 5, 2023.
Please refer to “Status of Past Noted Violations” for comments.
3. The facility is permitted to receive tires from all states within the United States.
The item(s) 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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 3

4. A chain-length fence is provided around the entire perimeter of the facility to prevent unauthorized access.
5. Construction of an additional steel building on the west side of the facility had commenced since the previous
inspection. This new building will used for maintenance purposes.
6. No standing water was observed.
7. No fugitive dust was observed.
8. As noted on the previous inspection report, facility operations have changed significantly since the facility
was originally permitted in 2013. Multiple areas originally associated with the Collection and Processing
Facility are now used for the manufacturing of rubber flooring. Two new buildings have been constructed
on site which are dedicated to the manufacturing of flooring only. It is also understood the rubber flooring
operation functions under a separate business name. Therefore, please submit a revised site map and an
updated description of facility operations to the Solid Waste Section for review. This information should
clarify facility operations and distinguish between the collection and processing facility and the
manufacturing operation. The requested information must be submitted to:

Jordan Russ, Engineering Project Manager
Division of Waste Management – Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]
[e-mail]

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 6/23/23 X Email Hand delivery US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Division of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2023.06.23 12:16:18 -04'00'