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HomeMy WebLinkAboutNCS01194_NOV_20160928 State of North Carolina | Environmental Quality | Waste Management 1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646 919 707 8200 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary MICHAEL SCOTT Director September 28, 2016 CERTIFIED MAIL 7014 0510 0000 4466 3609 RETURN RECEIPT REQUESTED Greg Raby Mountain Septic Service 252 Fox Ridge Road Franklin, NC 28734 SUBJECT: Notice of Violation Compliance Inspection Report Mountain Septic Service NCS-01194 Macon Dear Mr. Raby: On September 23, 2016, I, Troy Harrison, 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 Mountain Septic Service during this inspection. The following violations were noted: A. 15A NCAC 13B .0836(a) No person shall establish on his land, or allow to be established on his land, a septage detention facility; unless a permit for the facility has been obtained from the Division or the facility is operating in accordance with a NPDES permit issued by the NC Division of Water Quality. You were in violation of 15A NCAC 13B .0836(a) in that on September 23, 2016, it was observed that a solid waste management facility was allowed to be established on your property for the storage of septage. The facility consisted of four 250 gallon plastic Intermediate Bulk Containers (IBC) totes at 482 John Teague Road, Franklin, NC. One IBC tote was full and the other were empty but contained residual septage material. Based upon the foregoing, Mountain Septic Service shall come into compliance by October 8, 2016 with all requirements of the regulations in 15A NCAC 13B .0836(a) by completing the following: 1. Immediately discontinue the use of the four IBC totes being used as SDTF tanks. 2. Immediately remove the contents of the IBC totes for disposal at the Franklin WWTP and save the receipts generated by the disposal. Greg Raby Mountain Septic Service Notice of Violation Page 2 of 2 September 28, 2016 State of North Carolina | Environmental Quality | Waste Management 1646 Mail Service Center | 217 West Jones Street | Raleigh, 27699-1646 919 707 8200 3. By October 8, 2016, submit septage pumping logs from January 2016 to September 2016 and WWTP disposal receipts to: Troy Harrison 2090 US Highway 70 Swannanoa, NC 28730 4. 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 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 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 troy.harrison@ncdenr.gov. 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 Sarah Rice, Solid Waste Section