YWN-43-008_NOV_20240717

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
�EQ
NORTH CAROLINA
Environmental Quality
July 19, 2024
CERTIFIED MAIL 9589 0710 5270 0597 7450 39
RETURN RECEIPT REQUESTED
Duncan Recycling, LLC
Attn: Glenn J. Carroll
12331 NC 42
Fuquay-Varina, North Carolina 27526
RE: Notice of Violation
Duncan Recycling, LLC Yard Waste Facility
Notification # YWN-43-008
12331 NC 42
Duncan, North Carolina
Dear Mr. Carroll,
On July 10, 2024, Ms. Amanda Thompson, representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section) and Mr. Mike Turner, representing the State
of North Carolina, Division of Air Quality, inspected the above referenced facility. On July 3, 2024,
the Section received a phone call from Mr. Roger Sullivan, Harnett County Fire Inspector, stating
that the Duncan Recycling facility had caught fire and had been burning since either June 30,
2024 or July 1, 2024. 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 Duncan Recycling Facility is in violation of 15A NCAC 13B .1402 (e)(6)(D) in that the
yard waste facility was identified to have approximately 9,500 cubic yards of material
stockpiled onsite at one time well above the allowable amount for this site.
B. 15A NCAC 13B .1406 (8), "Reporting Fires. Fires shall be reported to the Division orally
within 24 hours of the incident and in writing within 15 days of the incident."
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

Duncan Recycling
Notice of Violation
Page 2 of 3
July 19, 2024
The Duncan Recycling Facility is in violation of 15A NCAC 138 .1406 (8) in that the facility
did not report the fire occurrence to the Environmental Senior Specialist or Division, orally,
within 24 hours of the incident.
Based upon the foregoing, the Duncan Recycling 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 land clearing 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
[e-mail]
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.
5) Ensure that the Section/Division is notified orally within 24 hours, if a fire occurs
at the facility.
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. Duncan Recycling 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.
D FNorth Carolina Department of Environmental Quality I Division of Waste Management
aye
EQ �� tteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLINA -
Department orEnvironmental auar; /� 910.433.3300

Duncan Recycling
Notice of Violation
Page 3 of 3
July 19, 2024
The violations listed above were observed by Section staff and require action on behalf of Duncan
Recycling 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 Solid
Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the
N.C. General Statutes. Further, the Duncan Recycling 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 [e-mail].
Sincerely,
Digitally signed by Amanda
Amanda
Thompson
Thompson Date: 2024.07.19 10:50:02
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
Mike Turner, Air Quality
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