2306_NOV_20230824

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
August 24, 2023
CERTIFIED MAIL 7016 1370 0000 2592 5190
RETURN RECEIPT REQUESTED
Mr. Stephen Fisher, Owner
1323 North Post Road
Shelby, NC 28150
SUBJECT: Notice of Violation
Compliance Inspection Report
Fisher Environmental, LLC
2306-Compost-2021
Cleveland County
Dear Mr. Fisher:
On August 16, 2023, Kim Sue, Environmental Senior Specialist, representingthe 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. Stephen Fisher was present and represented Fisher
Environmental, 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 by the Department to have accepted the conditions of the permit and shall comply with the
conditions of the permit." Permit to Operate 2306-Compost-2021 Attachment 3 Conditions of Permit
Approval to Operate Part 1: General Facility Number 4 states: "Open burning of solid waste is
prohibited. Fires and non -conforming waste incidents must be reported to the Regional Waste
Management Specialist within twenty-four (24) hours of the occurrence with a written notification to
be submitted within fifteen (15) calendar days of the occurrence. Fire lanes, if necessary, must be
maintained and passable at all times. Dimensions of the fire lanes must be coordinated with the Fire
Marshall having jurisdiction over the site."
Fisher Environmental, LLC is in violation of 15A NCAC 13B .0203(d) as a result of failing to comply
with the conditions of the permit. During the inspection charred metal and smoldering wood debris
was observed near the area designated for stump disposal.
B. 15A NCAC 13B .1406(7)(a) states: "Open burning of solid waste shall be prohibited."
Fisher Environmental, LLC is in violation of 15A NCAC 13B .1406(7)(a) as a result of open burning at
the facility. During the inspection charred metal and smoldering wood debris was observed near the
area designated for stump disposal.
Based upon the foregoing, Fisher Environmental, LLC shall come into compliance immediately with all
requirements of the regulations in 15A NCAC 13B .0203(d) and 15A NCAC 13B .1406(7)(a) by completing the
following:
1. Immediately cease open burning.
2. Ensure the fire has been completely extinguished.
3. Charred metal and ash must be disposed at a permitted solid waste facility authorized to accept
EQ
� North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
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Fisher Environmental, LLC
Notice of Violation
Page 2 of 2
August 24, 2023
the waste. Receipts for disposal of all the waste should be mailed to the following address:
Kim Sue, Environmental Senior Specialist
NCDEQ - Solid Waste Section
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
[e-mail]
[phone]
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. 13OA-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 13OA 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 necessaryto 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 [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Klm Sue
�I DN.cn=Kim Su =Division of Wart,
\` M ,ngement,o Solid Waste Section,
mail=02308,@deg.nc 0 00
Date: 3013 OB ]0 I018:30-04'00'
Kim Sue
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
Allen Gaither, P.E., Permitting Engineer
Seth Hall, Engineer 1 - Division of Air Quality
North Carolina Department of Environmental Quality I Division of Waste Management
610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
4�;7D_do ��x *.! 704-663.1699