YWN-51-009_NOV_20230925

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
September 25, 2023
CERTIFIED MAIL 7015 0640 0007 8168 8469
RETURN RECEIPT REQUESTED
Ashley Spain
19 British Court
Smithfield, North Carolina 27577
RE: Notice of Violation
Spain Farms Composting
Notification Number YWN-51-009
Dear Mr. Spain,
On September 14, 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 GENERAL PROVISIONS FOR SOLID WASTE COMPOST FACILITIES
(e)(1) Type 1 facilities may receive yard and garden waste, silvicultural waste, and
untreated and unpainted wood waste.
The Spain Farms facility is in violation of 15A NCAC 138 .1402 (e)(1) in that unacceptable
wastes such as insulation, plastic piping, plastic bags, painted and treated wood were
observed within the waste stream.
B. 15A NCAC 13B .1402 GENERAL PROVISIONS FOR SOLID WASTE COMPOST FACILITIES
(e)(6)(A) Small Type 1 facilities shall have an operations area less than two acres in
size and shall be limited to no more than 6,000 cubic yards material onsite at any given
time, including finished product.
The Spain Farms facility is in violation of 15A NCAC 138 .1402 (e)(6)(A) in that the facility
was operating outside of the previously identified 2-acre operating area. The area
containing waste was estimated to be approximately 14 acres in size.
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

Spain Farms Composting
Notice of Violation
Page 2 of 4
September 25, 2023
C. 15A NCAC 13B .0103 GENERAL REQUIREMENTS
(e) No person shall dispose or cause the disposal of solid waste in or on waters in a manner
that results in solid waste's entering waters or being deposited on lands of the State.
The Spain Farms facility is in violation of 15A NCAC 13B .0103 (e) in that yard trash and
land clearing waste has been deposited and pushed into a pond located near the center
of the western half of the property. Concrete had also been placed along the northern
edge of the larger pond near the center of the northern site boundary.
D. 15A NCAC 13B .0201 PERMIT REQUIRED
(a) No person shall treat, process, or dispose of solid waste or arrange for the treatment,
processing, storage, or disposal of solid waste except at a solid waste management
facility permitted by the Divisions for such activity, except as provided in G.S.130A-
294(b).
(b) No person shall cause, suffer, allow, or permit the treatment, storage, or disposal
of solid waste upon any real or personal property owned, operated, leased, or in
any way controlled by that person without obtaining a permit for a solid waste
management facility from the Division authorizing such activity, except as provided
in G.S. 130A-294(b).
(c) No solid waste management facility shall be established, operated, maintained,
constructed, expanded, or modified without a valid permit issued by the Division
for the specified type of activity.
Spain Farms is in violation of 15A NCAC 13B (.0201 (a, b, and c) in that a solid waste
management facility, greater than 6,000 cubic yards and two acre size limits for a yard
waste notification, has been established on the property. The waste disposal area at the
Spain Farms property was estimated to have been approximately 14 acres in size. A permit
is required in order to operate with the amount of waste that was identified at the site.
Based upon the foregoing, upon receipt of this Notice of Violation, the Spain Farms 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).
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

Spain Farms Composting
Notice of Violation
Page 3 of 4
September 25, 2023
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, NC 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.
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.
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.
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

Spain Farms Composting
Notice of Violation
Page 4of4
September 25, 2023
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:2023.09.25
14:26:34-04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management —Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Andrew 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