8607TIRETP2013_INSP_20160803

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 6

UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: Surry
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 8607-TIRETP-2013
CDLF Tire T&P /
Collection X Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: August 3, 2016 Date of Last Inspection: February 23, 2016

FACILITY NAME AND ADDRESS:
New River Tire Recycling, LLC
312 East 52 Bypass
Pilot Mountain, North Carolina 27041

GPS COORDINATES: N: 36.38591 W: 80.46101

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Ben Bryant
Telephone: [phone]
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Post Office Box 1375
Hillsville, Virginia 27343

PARTICIPANTS:
Ben Bryant, New River Tire Recycling, LLC
Charles Gerstell, NCDEQ – Solid Waste Section
Deb Aja, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Permit to Construct a Scrap Tire Collection and Processing Facility along with a Permit to Operate a Tire Collection
Facility with Conditional Approval to Operate a Processing Facility were issued to Ben Bryant and New River Tire
Recycling, LLC on March 20, 2014. The facility has initiated the renewal process with the permitting branch. The
permit shall expire at close of business on December 20, 2016 if not renewed.

PURPOSE OF SITE VISIT:
Partial Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:

As the roof has been removed from a large portion of the facility, these areas now fall under the technical and
operation standards of 15A North Carolina Administrative Code 13B .1107(2).

15A North Carolina Administrative Code 13B .1107(2)(a) states: “Whole scrap tires shall be placed in an outdoor
scrap tire pile(s) having dimensions no greater than 200 feet in length, 50 feet in width and 15 feet in height.”

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 6

During the inspection, tires were not being maintained in uniform scrap tire piles of proper dimensions. Tires were
scattered throughout various portions of the site. Some tires were observed under or on top of demolition debris or
stacked against walls. Therefore, New River Tire, LLC in violation of 15A NCAC 13B .1107(2)(a).

To achieve compliance, within 30-days of receipt of the Notice of Violation, all tires within the facility must be placed in
scrap tire piles of proper dimensions required by rule.

View of tires scattered in receiving area. (photo View of tires under steel beams. (photo by C. Gerstell)
by C. Gerstell)

View of tires under and on top of steel beams.
(photo by C. Gerstell)

15A North Carolina Administrative Code 13B .1107(2)(c) states: “The owner or operator of any scrap tire collection
site shall control mosquitoes and rodents so as to protect the public health and welfare. Whole and sliced scrap tires, and
other scrap tires capable of holding waster shall be covered upon receipt with a water shedding material or disposed of,
processed or removed from the site within ten days of receipt. Sliced scrap tires stacked concave -side down are not
required to be covered.”

During the inspection, multiple tires were found uncovered and holding water throughout the site. Mr. Bryant could not
distinguish which tires had been on site for greater than ten days as tires are mixed upon receipt depending on the type of
tire that his being processed at any one time. Mr. Bryant stated that approximately 35% (percent) of the tires on site may
have been on site for greater than ten days.

New River Tire Recycling is in violation of 15A NCAC 13B .1107(2)(c) in that unprocessed tires had not been covered
with a water shedding material within ten days of receipt.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 6

To achieve compliance, all tires which have been on site for greater than 10-days after receipt must be covered with a
water shedding material within 10-days of receipt of the Notice of Violation.

ADDITIONAL COMMENTS

1. The facility is a Scrap Tire Collection and Processing Facility for the collection and processing of scrap tires.
2. The facility is permitted to receive scrap tires from all counties in North Carolina, Virginia, Tennessee, and South
Carolina.
3. The Facility Annual Report for 2015-2016 showed a total of 1,013-tons of unprocessed and processed tires
stockpiled on site at the end of the reporting period. Subsequent tonnage information submitted to the Solid Waste
Section on August 12, 2016 indicated that onsite tonnage had been reduced to 817-tons as of August 11, 2016.
4. The facility had proper signage.
5. Gates were provided at both entrances to the facility to prevent unauthorized access.
6. All processing operations were taking place under roof.
7. An emergency preparedness manual is provided in appendix L of the approved facility application.
8. During the previous inspection, burned residues were observed staged within the concrete footprint of the facility
in the shipping area. No burned residues were observed on site during the inspection performed on August 3,
2016.
9. As noted on the previous inspection report, on January 25, 2016, the facility was inspected by Doug Jones, Surry
County Fire Marshal and Brandon Hawks, Surry County Inspections Director. Both individuals found the facility
structure to be deemed unsafe and power was shut off. Subsequent letters were issued to Mr. Ben Bryant on
January 28, 2016.
 According to Mr. Bryant, New River Tire Recycling, LLC was continuing to work with the Surry County
Fire Marshal and the Surry County Inspections Director to address their concerns in reference to the
facility structure.
 Inspection of the facility on August 3, 2016 found power had been restored to the facility and tires were
being processed.
10. It appeared that the remaining portions of the roof had been removed from the west side of the building since the
last inspection. Much of the roof east of the shipping and receiving area was still in place.
11. Tire chips were observed scattered throughout the paved portions of the facility. However, no tire chips were
observed on the East 52 Bypass. Mr. Bryant stated that a rotary brush is used to sweep up tire chips every couple
of weeks. However, the skid-steer used to operate the rotary brush was broken down at the time of the inspection.
Please continue to maintain the exterior portions of the facility structure to prevent a buildup of tire chips.
12. A trailer load of scrap metal was observed adjacent to the shipping area on the south side of the facility at the time
of inspection.
13. During the inspection, a pile of broken concrete and concrete block was observed in a drainage swale on the north
side of the building above a corrugated metal pipe. Some of the concrete and block was painted. Mr. Bryant stated
that the pipe was recently installed and he wanted to use the concrete as fill.
 Painted materials (brick, concrete, etc.) must meet unrestricted use standards in order to be used as
fill. Please contact Ervin Lane, Compliance Hydrogeologist, to determine testing protocols for the
subject material. Mr. Lane can be reached at [phone] or [e-mail].

The item(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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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14. Municipal waste was observed on the ground in multiple locations within the concrete footprint of the building.
Waste included plastic bottles, pieces of paper, pieces of plastic, a Styrofoam cup, a section of water hose, and
cardboard. Mr. Bryant stated that waste will sometimes be mixed with loads of tires when they are received. He
stated that some waste will is observed within a tire. However, it appeared that some waste may have been
generated from facility activities such as an oil filter.
 15A North Carolina Administrative Code 13B .0106 states: “(a) A solid waste generator shall be
responsible for the satisfactory storage, collection and disposal of solid waste. (b) The solid waste
generator shall ensure that his waste is disposed of at a site or facility which is permitted to receive the
waste. Steps must be taken to ensure compliance with 15A NCAC 13B .0106. This can include, but not
be limited to, providing waste receptacles throughout the site to properly containerize waste that is
generated as a result of facility activities and removing wastes to a solid waste facility permitted by the
Division of Waste Management. You should contact solid waste disposal sites to determine proper
disposal of special wastes such as oil filters which are banned from disposal in landfills within the State
of North Carolina.

View of waste such as cardboard, plastic, a water View of municipal waste mixed w/ water such
hose, & plastic bottles. (photo by C. Gerstell) as paper, plastic, and plastic bottles. (photo by C.
Gerstell)
15. Standing water was observed throughout a large portion of the concrete footprint of the building and within truck
loading bays on the exterior of the building as the result of recent heavy rains. Standing water can become a
source for mosquito breeding which can lead to the creation of nuisance conditions. Mosquito activity was also
observed during the inspection. As noted on the previous inspection report, steps should be taken to ensure that
drainage is effective to prevent standing water on site. An abatement program for mosquito control should be
developed and implemented in consult with the County Health Department and/or a licensed pest control company
and a copy placed within the updated Operation Plan for the facility as part of the permit renewal process.

View of standing water looking north. (photo View of standing water looking west. (photo by
by C. Gerstell) C. Gerstell)
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 6

16. During the inspection, demolition debris was observed in the grass field on the south side of the property. The
material consisted of concrete (painted & unpainted), concrete block (painted & unpainted), metal, dimension
lumber, painted wood, plywood, pieces of foam, gravel and brick.
 A refrigerator was observed laying on its side on the far south side of the property near the chain-length
fence. Foam insulation was observed on the ground around the refrigerator and inside the device. This
same foam insulation was also observed on the ground at a truck loading bay on the far east side of the
building.
 All demolition waste surrounding the facility must be removed and disposed at a facility permitted
by the Division of Waste Management within 30-days of issuance of this inspection report.
 Mr. Bryant stated that he wanted to have the concrete and brick ground to be used as crushed aggregate
on site. Painted materials (brick, concrete, etc.) must meet unrestricted use standards in order to be used
as aggregate on site. Please contact Ervin Lane, Compliance Hydrogeologist, to determine testing
protocols for the subject material. Mr. Lane can be reached at [phone] or
[e-mail].

View of demolition waste pile on south side of site. View of refrigerator with foam insulation on south
(photo by C. Gerstell) side of site (photo by C. Gerstell)

View of foam insulation on ground at truck loading
bay (photo by C. Gerstell)

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 6 of 6

17. As noted on the previous inspection, storm drains located on the south side of the building were covered with soil.
Mr. Bryant previously explained that the drains were covered immediately after notification of the January fire to
prevent any runoff from firefighting activities from entering the storm drains.
 As a result of storm drains being blocked, severe ponding of stormwater was observed. As previously
noted, standing water can become a breeding source for mosquito breeding which can lead to the creation
of nuisance conditions.
 Steps must be taken to prevent future standing water in this area. If flow is restored to the storm drains, it
is recommended that measures be provided at all storm drains to prevent any materials associated with
facility operations from entering the devices or storm sewer system.
18. As explained by Mr. Bryant during the inspection, it is understood by the Solid Waste Section, that as a result of
the various ways tires may be collected and shipped to the processing/storage facility, some tires may have water
collected within them upon arrival at the facility. However, such instances result in a greater necessity to ensure
that tires are covered, processed, or removed within 10-days of receipt in order to control mosquitoes and rodents
in order to protect the public health and welfare.
19. The approved facility application states that New River Tire Recycling, LLC does not store tires outdoors.
However, it is understood that plans are to continue to remove the roof from the building with the exception of the
office area, processing area, and the crumb storage area. The permit for this facility shall expire on December 20,
2016. Please ensure that any information submitted for permit renewal includes a revised facility map/plan and
operations plan that reflects on site conditions as tires will now be stored outdoors. All revisions must be
submitted to:

Ed Mussler, Permitting Branch Supervisor
Division of Waste Management – Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699

20. In addition, all changes to the facility and/or its operations undertaken to comply with requirements established by
the Surry Co. Fire Marshall’s office and/or Building Inspections as a result of the fire should be clearly detailed in
the updated site and operations plans submitted during permit renewal.

Please contact me if you have any questions or concerns regarding this inspection report.

_________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 8/19/16 Email Hand delivery X US Mail (w/
NOV)
Certified No. [ _]

Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Compliance Officer - Solid Waste Section
Ervin Lane, Compliance Hydrogeologist
Ellen Lorscheider, Section Chief
Ed Mussler, Permitting Branch Head