HomeMy WebLinkAbout79003YWN_NOD_20160408
State of North Carolina | Environmental Quality | Waste Management
450 W. Hanes Mill Road |Winston-Salem, NC 27105-9667
336-776-9800
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
LINDA CULPEPPER
Director
April 8, 2016
CERTIFIED MAIL: 70111570000185455813
RETURN RECEIPT REQUESTED
Mr. Brad Corcoran, City Manager
City of Eden
308 East Stadium Drive
Eden, NC 27288
SUBJECT: Notice of Deficiency
Compliance Inspection Report
City of Eden Wood Waste Facility
YWN-79-003 (T&PN-79-003)
Rockingham County
Dear Mr. Corcoran:
On March 31, 2016, Susan Heim, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, inspected the above referenced facility for compliance with
North Carolina solid waste statutes and rules. Paul Dishmon, Municipal Services Director for the
City of Eden was present and represented the City of Eden Wood Waste Facility during this
inspection. The following violations were noted:
A. 15A NCAC 13B .1402(g)(3), states that small Type 1 facilities must provide, “notification
of the Solid Waste Section prior to operation and on an annual basis.”
The City of Eden is in violation of 15A NCAC 13B .1402(g)(3) by failing to notify the Solid Waste
Section annually of its yard waste notification site as required. The last record of notification
found is dated May 25, 2010.
B. 15A NCAC 13B .1402(f)(6), states that small Type 1 facilities must “occupy less than two
acres of land.”
The City of Eden in in violation of 15A NCAC 13B .1402(f)(6) based on the size of the existing
operation, which was estimated to occupy approximately 2.75 acres of land.
The above violation may have or can compromise the facility’s ability to ensure protection of the
public health and the environment and thus require remedial action on behalf of the facility in
order to maintain compliance with 15A NCAC 13B .1402(g)(3) and 15A NCAC 13B .1402(f)(6). In
City of Eden Wood Waste Facility
Notice of Deficiency
Page 2 of 3
April 8, 2016
State of North Carolina | Environmental Quality | Waste Management
450 W. Hanes Mill Road |Winston-Salem, NC 27105-9667
336-776-9800
order to resolve these issues, the City of Eden Wood Waste Facility must take the following
actions:
1. Immediately cease receiving waste at the facility until the corrective actions noted in
#’s 2 and 3 below have been completed.
2. On or before April 25, 2016, submit a Yard Waste Notification to the Solid Waste Section
for review and approval. The notification must include a site plan that indicates a
footprint that complies with the two-acre maximum area, and contains less than the
maximum permitted volume of 6,000 cubic yards of stored material (both processed
and unprocessed). Additional guidance about submitting Yard Waste Notifications, as
well as the required forms, can be found at http://deq.nc.gov/about/divisions/waste-
management/waste-management-permit-guidance/solid-waste-section/yard-waste.
3. On or before May 23, 2016, reduce the existing footprint of the facility so that it
occupies no more than two acres of land, while maintaining the required buffers, as set
forth in 15A NCAC13 .1404(a)(1)-(9).
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. 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 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 of your progress in this matter. Solid Waste Section staff will conduct
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Deficiency.
If you have any questions please contact me at (336) 776-9672 of susan.heim@ncdenr.gov.
Sincerely,
Susan Heim
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
City of Eden Wood Waste Facility
Notice of Deficiency
Page 3 of 3
April 8, 2016
State of North Carolina | Environmental Quality | Waste Management
450 W. Hanes Mill Road |Winston-Salem, NC 27105-9667
336-776-9800
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, District Supervisor
Jessica Montie, Compliance Officer
Rodney Carter, City of Eden
Paul Dishmon, City of Eden