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HomeMy WebLinkAboutYWN-42-007_NOV_20240812ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director �EQ NORTH CAROLINA Environmental Quality August 12, 2024 CERTIFIED MAIL 9589 0710 5270 0597 7450 53 RETURN RECEIPT REQUESTED City of Roanoke Rapids Attn: Kelly Traynham, City Manager 1040 Roanoke Avenue Roanoke Rapids, North Carolina 27870 CERTIFIED MAIL 9589 0710 5270 0597 7450 84 RETURN RECEIPT REQUESTED City of Roanoke Rapids Public Works Attn: Larry Chalker, Public Works Director 1313 Hinson Street Roanoke Rapids, North Carolina 27870 RE: Notice of Violation City of Roanoke Rapids Yard Waste Facility Notification # YWN-42-007 3040 Sam Powell Dairy Road Roanoke Rapids, North Carolina Dear Ms. Traynham and Mr. Chalker, On August 6, 2024, Ms. 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 Rules and Statutes. The following violation(s) were noted: A. 15A NCAC 13B .1402 (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 City of Roanoke Rapids Facility is in violation of 15A NCAC 138 .1402 (e)(6)(A) in that the yard waste facility was identified to have approximately 10,000 cubic yards of 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 City of Roanoke Rapids Notice of Violation Page 2 of 3 August 12, 2024 unground vegetative waste and approximately 3,075 cubic yards of ground vegetative waste onsite. Based upon the foregoing, the City of Roanoke Rapids shall come into compliance within 30 days of receipt of this letter with all requirements of the regulations in 15A NCAC 13B, by completing the following: 1) Upon receipt of this Notice of Violation, cease accepting any waste at this site, until processing can occur to reduce the amount of waste at the facility. 2) Process and remove the vegetative waste from the facility. Ensure that the facility operates with no more than 6,000 cubic yards of material and under two acres in size. Maintain documentation regarding the processing and removal of the land clearing waste (Please note that burning of the waste is prohibited and would be a violation of the North Carolina Air Quality Rules). 3) Provide proof of processing and removal from the site by submitting documentation regarding the processing and removal of the land clearing waste. Documentation should be mailed to the following address: Amanda Thompson amanda.thompson@deg.nc.gov Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, INC 28301 4) 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 corrective measures have been completed to bring this facility into compliance. The City of Roanoke Rapids shall provide written certification with supporting documentation confirming the noted compliance schedule has been completed. Include in this certification any actions taken to prevent these violations from occurring in the future. The written certification with supporting documentation should be mailed to the above -mentioned address for Amanda Thompson. The violations listed above were observed by Section staff and require action on behalf of the City of Roanoke Rapids to come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements applicable to this activity. Be advised that pursuant to G.S. 130A- 22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the 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 City of Roanoke Rapids Notice of Violation Page 3 of 3 August 12, 2024 Solid Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the City of Roanoke Rapids 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 during the solid waste removal process. This office will conduct follow- up inspections in order to verify your progress. Upon completion, a final inspection will be conducted to verify that the removal of solid waste has been completed per 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 amanda.thompson@deg.nc.gov. Sincerely, Digitally signed by Amanda Amanda Thompson Thompson Date:2024.08.1211:28:13 04'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management — Solid Waste Section copies: Andrew Hammonds, Field Operations Branch Head Chris Hollinger, Environmental Program Consultant 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