8607TIRETP2013_NOV_20161104

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

November 4, 2016

CERTIFIED MAIL 7015 1520 0002 6878 1854
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 October 12, 2016, Charles Gerstell, Environmental Senior Specialist, 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 violations were noted:

A. 15A North Carolina Administrative Code 13B .0201(a) states: “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).”

B. 15A North Carolina Administrative Code 13B .0201(b) states: “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 having been
issued a permit for a solid waste management facility from the Division authorizing such activity,
except as provided in G.S. 130A-294(b).”

During an inspection performed on August 3, 2016 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 was painted. You stated that the pipe was
recently installed and you wanted to use the concrete as fill. New River Tire Recycling,
LLC was advised by inspection report issued on August 19, 2016 that painted materials
(brick, concrete, etc.) must meet unrestricted use standards in order to be used as fill.

New River Tire Recycling, LLC
Notice of Violation
Page 2 of 4
November 4, 2016

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699
Inspection of the facility on October 12, 2016 found that soil had been placed over the
concrete in the aforementioned location. You stated that the area had been covered with
soil as you were notified by the Town of Pilot Mountain that the area was considered an
eye-sore. You explained that all painted material had been removed prior to placement of
soil. However, upon inspection, multiple pieces of painted block were observed
protruding from the soil or deposited on top the soil. You explained that you had
contacted a consultant to have all painted material on site tested to determine if the
material meets the criteria for unrestricted use. However, a date for testing had not yet
been determined.

The painted material located on the north side of the property does not meet the definition
of “Beneficial Fill” as determined by Rule. Therefore, burial of this material on the
subject property which has not been permitted by the Division of Waste Management for
such activity constitutes a violation of 15A NCAC 13B .0201(a) and .0201(b).

During an inspection performed on August 3, 2016, 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. You stated that you wanted to
have the concrete and brick ground to be used as crushed aggregate on site. It was
requested that New River Tire Recycling, LLC contact Mr. Ervin Lane, Compliance
Hydrogeologist, to determine testing protocols for the subject material. New River Tire
Recycling LLC was requested to remove all demolition waste surrounding the building
within 30-days of issuance of the previous inspection report.

Inspection of the facility on October 12, 2016 found plywood, pieces of foam, and
dimension lumber still mixed within the gravel concrete and brick. Continued storage of
demolition debris on the subject property which has not been permitted by the Division of
Waste Management for such activity constitutes a violation of 15A NCAC 13B .0201(a)
and .0201(b).

Based upon the foregoing, New River Tire Recycling, LLC shall come into compliance by
with all requirements of the regulations in 15A NCAC 13B .0201(a) and .0201(b) by completing
the following within 30-days of receipt of this Notice of Violation:

1. All buried, painted waste located on the north side of the building must be excavated and staged for
testing or removed to a solid waste disposal facility permitted by the Division of Waste Management
for proper disposal. Upon completion of testing, and if material meets the criteria for unrestricted
use, the painted material may be used for fill in accordance with the Beneficial Fill Rule 15A NCAC
13B .0562 and the staged painted materials must be inspected by Section staff.

New River Tire Recycling, LLC
Notice of Violation
Page 3 of 4
November 4, 2016

State of North Carolina | Environmental Quality | Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704-663-1699
2. All demolition waste not consisting of material staged for testing (painted concrete, brick,
and block) must be removed to a solid waste disposal facility permitted by the Division of
Waste Management for proper disposal.
3. Submit a sampling plan for testing of painted material to the Solid Waste Section for review
and approval. This plan must include the location and methodology for sampling, and include
provisions to remove for proper disposal any materials that do not meet the criteria for
unrestricted use. If the sampling plan is not submitted and sampling is not conducted, then
all painted materials must be removed for proper disposal. The plan must be submitted to:

Ervin Lane, Compliance Hydrogeologist
Division of Waste Management – Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699

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(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

Enclosure: Facility Compliance Inspection Report

New River Tire Recycling, LLC
Notice of Violation
Page 4 of 4
November 4, 2016

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

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