HomeMy WebLinkAbout75004YWN_NOD_20160711
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, NC 28778
828 296 4500
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director
July 11, 2016
CERTIFIED MAIL 7014 0510 0000 4466 3227
RETURN RECEIPT REQUESTED
Joey Davis
Town Manager
301 N. Tryon St
Tryon, NC 28782
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Town of Tryon – Yard Waste Facility
YWN‐75‐004
Polk
Dear Mr. Davis,
On July 7, 2016, Lee Hill, 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 violations were noted:
A. 15A NCAC 13B .0201 (a) states that “No person shall treat, process, store, 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 Division for such activity, except as
provided in G.S. 130A‐294(b).”
The Town of Tryon is in violation of 15A NCAC 13B .0201 (a) in that it failed to renew the Yard
Waste Notification that expired on May 31, 2016 and continued to store and process material
onsite.
B. 15A NCAC 13B .1406 (6) states that “A site shall only accept those solid wastes that it is
permitted to receive.”
The Town of Tryon is in violation of 15A NCAC 13B .1406 (6) in that numerous plastic bags
containing leaves were observed in the operations area of the facility. Some of the bagged leaves
also contained MSW.
The above violations 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
Town of Tryon – Yard Waste Facility
Notice of Deficiency
Page 2 of 3
July 11, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, NC 28778
828 296 4500
in order to maintain compliance with 15A NCAC 13B .0201 (a) and 15A NCAC 13B .1406 (6). In
order to resolve these issues, The Town of Tryon – Yard Waste Facility must take the following
actions:
Within thirty (30) days the Town of Tryon must submit a new Yard Waste Notification
or a closure form and plan for the removal and disposal of all on‐site material.
Within thirty (30) days the Town of Tryon must remove all plastic bags and MSW from
the Yard Waste area and dispose of the material in the proper location.
The violations(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 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 inspection(s) to verify that the facility has completed the requirements of this Notice
of Deficiency.
If you have any questions, please contact me at 828‐296‐4700 or e‐mail lee.hill@ncdenr.gov.
Sincerely,
Lee Hill
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
Enclosure: Town of Tryon – Yard Waste Facility Inspection Report
copies: Jason Watkins, Field Operations Branch Head
Tony Gallagher, Compost & Land Application Branch Head
Deb, Aja, Western District Supervisor
Jessica Montie, Compliance Officer
Sarah Rice, Compliance Officer
Town of Tryon – Yard Waste Facility
Notice of Deficiency
Page 3 of 3
July 11, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, NC 28778
828 296 4500