YWN-66-004_NOV_20240103

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
January 3, 2024
CERTIFIED MAIL 7015 0640 0007 8168 8506
RETURN RECEIPT REQUESTED
Town of Conway
Attn: Lee Duke, Mayor
221 W. Main Street
Conway, North Carolina 27820
RE: Notice of Violation
Town of Conway Yard Waste Site
Notification Number YWN-66-004
Dear Mayor Duke,
On December 21, 2023, Amanda Thompson, 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. The following violation(s) were
noted:
A. 15A NCAC 13B .1402 (e)(1), "Type 1 facilities may receive yard and garden waste,
silvicultural waste, and untreated and unpainted wood waste." and 15A NCAC
13B .1406 (6), "A site shall only accept those solid wastes that it is permitted to receive."
The Town of Conway Yard Waste facility is in violation of 15A NCAC 138 .1402 (e)(1) and
15A NCAC 13B .1406 (6) in that numerous pieces of unacceptable wastes, such as
cardboard, plastic bags, and Styrofoam packaging were identified within the waste
stream.
B. 15A NCAC 13B .1406 (7)(a), "Open burning of solid waste shall be prohibited."
The Town of Conway Yard Waste facility is in violation of 15A NCAC 13B .1406 (7)(a) in
that charred waste and ash were observed underneath the unprocessed yard and
unacceptable wastes.
C. General Statute 130A 309.05 (c)(1), "Seventy-five percent (75%), by weight or volume,
of the recovered material stored at a facility at the beginning of the calendar year
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
cePaemeMofE"a—emaiQuality /� 910.433.3300

Town of Conway
Notice of Violation
Page 2 of 3
January 3, 2024
commencing January 1, shall be removed from the facility through sale, use, or reuse
by December 31 of the same year."
The Town of Conway Yard Waste facility is in violation of G.S. 130A 309.05 (c)(1) in that
no waste in the previously identified metal recyclable area has been removed. Additional
white goods, metal, and furniture had been added to the area.
Based upon the foregoing, upon receipt of this Notice of Violation, the Town of Conway Yard
Waste facility shall come into compliance with all applicable requirements of the regulations in
15A NCAC 13B, by completing the following:
1) Upon receipt of this Notice of Violation, cease accepting waste at this facility.
2) Contact Amanda Thompson at [phone] or [e-mail] prior
to beginning any cleanup operations to discuss proper documentation and procedures.
3) Remove all solid waste from the site, including waste that may be buried, and properly
dispose of it in a facility permitted by the Division of Waste Management. (Please note
that burning of the waste is prohibited and would be a violation of the North Carolina
Air Quality Rules).
4) Provide proof of disposal by submitting all solid waste management facility receipts
where the waste is disposed to the Solid Waste Section. Receipts for disposal of all the
waste should be mailed to the following address:
Amanda Thompson
[e-mail]
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, INC 28301
5) Implement sediment and erosion control measures at the property as required by the
Sedimentation and Pollution Control Act to prevent any erosion from waste removal
activities. Stabilize the site by re-establishing native vegetation in the affected areas. Re-
seed and maintain as necessary to prevent erosion on the site.
6) A Yard Waste Notification may be resubmitted AFTER all of the waste has been removed
from the site.
All corrective measures must be completed within 30 days' receipt of this notice of violations. 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLINA -
oepa�amoren.ironmemaiauar� /� 910.433.3300

Town of Conway
Notice of Violation
Page 3 of 3
January 3, 2024
The violation(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 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 contact me at please contact me at (910)
433-3352 or e-mail at [e-mail].
Sincerely,
Amanda Digitally signed by
Amanda Thompson
Thompson Date:2024.01.03
10,59,14-05'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Drew Hammonds, Eastern District Supervisor
Chris Hollinger, Compliance Officer
E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLJNA -
oe�amorEnrironmemaiQuality /`� 910.433.3300