NCS00097_NOV_20160615

State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Asheville, NC 28778
828 296 4500

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Director

June 15, 2016

CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 5283

Brian Carter
Carter Septic Tank Service
319 Old Mars Hill Highway
Weaverville, NC 28787

SUBJECT: Notice of Violation
Compliance Inspection Report
Carter Septic Tank Service
NCS-00097
Buncombe

Dear Mr. Carter:

On June 13, 2016, Troy Harrison and Lee Hill, representing the State of North Carolina, Division
of Waste Management (Division) Solid Waste Section (Section), inspected the above referenced
facility for compliance with North Carolina solid waste statutes and rules. You were present and
represented Carter Septic Tank Service (the company) during this inspection. The following
violations were noted:

A. 15A NCAC 13B .0201(b)

No person shall cause, suffer, allow, or permit the treatment, storage, or processing of
solid waste upon any real or personal property owned, operated, leased, or in any way
controlled by that person without first obtaining a permit for a solid waste management
facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).

You were in violation of 15A NCAC 13B .0201 (b) in that on June 13, 2016, it was observed
that a solid waste management facility operated by the company was allowed to be
established at 406 Old Mars Hill Highway, Weaverville, North Carolina for the storage of
septage without first obtaining a permit from the Division.

Carter Septic Service
Notice of Violation
Page 2 of 3
June 15, 2016

State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Asheville, NC 28778
828 296 4500

C. 15A NCAC 13B .0836 (h)

Operation of a new septage detention or a new septage treatment facility shall not
commence until the facility has been inspected by the Division and found to be consistent
with the permit application.

You were in violation of 15A NCAC 13B .0201 (b) in that on June 13, 2016, a septage
detention facility was in operation by the company without submitting a permit
application and arranging for an inspection by the Division.

Based upon the foregoing, Carter Septic Tank Service shall come into compliance by July 1, 2016
with all requirements of the regulations in 15A NCAC 13B .0201 (b) and 15A NCAC 13B .0836 (g)
by completing the following:

1. Immediately discontinue use of the SDTF tank. In addition, any other tanks located on
the property also may not be used.

2. By July 1, 2016, remove all the contents of the SDTF tank and all septage on the ground
around the tank for disposal at MSD of Buncombe County and send the receipts
generated by the disposal to:

Troy Harrison, Environmental Senior Specialist
2090 US Highway 70
Swannanoa, NC 28778

3. A permit will be required to operate this or any STDF at the site. In addition, any SDTF will
require compliance with requirements of 15A NCAC 13B .0825, including setbacks. For
additional information concerning the permitting process contact:

Connie Wylie, Soil Scientist
Composting and Land Application Branch
225 Green St, Suite 714
Fayetteville, NC 28301-5043
Phone Number: 910-433-3352

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
Carter Septic Service
Notice of Violation
Page 3 of 3
June 15, 2016

State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Asheville, NC 28778
828 296 4500

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
a follow-up inspections to verify that the facility has completed the requirements of this Notice
of Violation.

If you have any questions please contact me at 828-296-4701 or e-mail
[e-mail].

Sincerely,

Troy Harrison
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Tony Gallagher, Composting & Land Application Branch Head
Michelle Sclafani, Composting & Land Application Branch
Connie Wylie, Composting & Land Application Branch