8607TIRETP2013_NOV_20160819

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary

MICHAEL SCOTT
Director

August 19, 2016

CERTIFIED MAIL 7015 1520 0002 6878 1847
RETURN RECEIPT REQUESTED

Mr. Ben Bryant, Owner
New River Tire Recycling, LLC
Post Office Box 1752
Pilot Mountain, North Carolina 27041

SUBJECT: Notice of Violation
Compliance Inspection Report
New River Tire Recycling, LLC
Permit ID #: 8607-TIRETP-2013
Surry County

Dear Mr. Bryant:

On August 3, 2016, Charles Gerstell, Environmental Senior Specialist and Deb Aja,
Western District Supervisor, 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. You were present and represented
New River Tire Recycling, LLC during this inspection. The following violation(s) were noted:

A. 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.”

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).

B. 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.”

New River Tire Recycling, LLC
Notice of Violation
Page 2 of 3
August 19, 2016

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699

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.

Based upon the foregoing, New River Tire Recycling, LLC shall come into compliance by
with all requirements of the regulations in 15A NCAC 13B .1107(2)(a) and .1107(2)(c) by
completing the following:

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

2. 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 this Notice of Violation.

The violation(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 Violation.

If you have any questions, please contact me at [phone] or [e-mail].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

New River Tire Recycling, LLC
Notice of Violation
Page 3 of 3
August 19, 2016

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699

Enclosure: Facility Compliance Inspection Report

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