8607TIRETP2013_RES_20161214

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 1 of 5
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: December 14, 2016 Date of Last Inspection: October 12, 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, Owner
Telephone: [phone]
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Post Office Box 1375
Hillsville, Virginia 27343
PARTICIPANTS:
Ben Bryant, Owner – New River Tire Recycling, LLC
Tim Cagle, Plant Manager – New River Tire Recycling, LLC
Charles Gerstell, 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. A permit renewal application was received by the
Solid Waste Section on November 16, 2016.
PURPOSE OF SITE VISIT:
Partial Inspection
STATUS OF PAST NOTED VIOLATIONS:
15A North Carolina Administrative Code 13B .1107(2)(a) states: “Whole scrap tires shall be placed in an outdoor
scrap pile(s) having dimensions no greater than 200 feet in length, 50 feet in width and 15 feet in height.”
During an inspection performed on August 3, 2016, 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 Recycling, LLC was found in violation of 15A
NCAC 13B .1107(2)(a).
Inspection of the facility on October 12, 2016 found that corrective actions were still in progress at the time of
inspection. It appeared that many tires observed during the previous inspection had been processed resulting in fewer
stockpiles being located on site. Majority of remaining tires scattered throughout the site had been placed in stockpiles.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 5
However, approximately 20 – 50 tires were still observed scattered in portions of the building that were leaking or had
the potential to leak. Two tires were also observed mixed within demolition waste on the west side of the building.
Staff were in the process of moving the remaining tires at the time of inspection to proper stockpiles. As a result, this
violation was considered unresolved.
Inspection of the facility on December 19, 2016 found no tires scattered throughout various portions of the building.
Tires were placed in stockpiles located within the tire storage area. Therefore, this violation is considered resolved.
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).”
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. Mr.
Bryant stated that the pipe was recently installed and he 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.
Inspection of the facility on October 12, 2016 found that soil had been placed over the concrete in the aforementioned
location. Mr. Bryant stated that the area had been covered with soil as he was notified by the Town of Pilot Mountain that
the area was considered an eye-sore. Mr. Bryant 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. Mr. Bryant explained that he 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 did 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 constituted 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. Mr. Bryant stated that he 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 constituted a violation of 15A NCAC 13B .0201(a)
and .0201(b).
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 5
In order to achieve compliance, New River Tire was required to take the following actions within 30-days of receipt of
the Notice of Violations.

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.
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
Inspection of the facility on December 14, 2016 found that painted material on the north side of the building had been
excavated and staged for testing. All demolition waste not consisting of material staged for testing (painted concrete,
brick, and block had been removed and placed in a dumpster for proper disposal. Results for testing of painted material
on site was submitted to the Solid Waste Section on November 29, 2016 and December 8, 2016. As a result, the above
violations are considered resolved.
OBSERVED VIOLATIONS:
None
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. Gates were provided at each entrance to prevent unauthorized access.
4. No additional portions of the roof had been removed since the previous inspection. However, interior walls on the
east side of the facility had been demolished.
5. All tires were maintained within trailers or within the concrete footprint of the building.
6. All scrap tires and processed material was observed in designated stockpiles at the time of inspection.

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
Page 4 of 5
7. As noted above, results for testing of painted material on site was submitted to the Solid Waste Section on
November 29, 2016 and December 8, 2016. The samples were identified as S-1 through S-3 and were analyzed for
Toxicity Characteristic Leachate Procedure (TCLP) of the eight Resource Conservation and Recovery Act (RCRA)
metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver). According to the letter issued
on December 8, 2016 by Mr. Ervin Lane, Compliance Hydrogeologist, based on TCLP analytical results, arsenic
was the only RCRA metal reported at a concentration above the 2L Standards. The arsenic 2L Standard was
exceeded in the S-1 sample. Therefore, Mr. Lane determined that the debris in the S-1 sample location must be
removed from the site. Mr. Lane also found that material where S-2 and S-3 were collected can remain on-site as
fill since constituent concentrations were not reported above the 2L Standards in those locations.
x During the inspection, Mr. Bryant stated that he planned to the have the material in the sample location of
S-1 retested using the Synthetic Precipitation Leaching Procedure (SPLP) to determine if the material can
be used as fill.
x SPLP sampling results for the S-1 sample were submitted to the Solid Waste Section by Mr. Bryant via
electronic correspondence on December 21, 2016.
x Mr. Lane issued a subsequent letter to Mr. Bryant on December 21, 2016 confirming that based on the
SPLP analytical results, there were no constituents reported at concentrations exceeding the 2L Standards.
Therefore, the Section determined that the material in the S-1 sample location is suitable for use as
beneficial fill.
8. An odor investigation was performed prior to inspection of the facility. Multiple locations were chosen at random
which can be observed on the aerial image below. Slight winds were observed blowing to the east and southeast
during the investigation. No odors were observed at any of the subject locations.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 5
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: 12/22/16 X Email Hand delivery US Mail Certified No. [ _]
Copies: Jason Watkins, Filed 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 – Solid Waste Section
Ellen Lorscheider, Section Chief – Solid Waste Section
Ed Mussler, Permitting Branch Head – Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste
Section,
email=[e-mail], c=US
Date: 2016.12.22 11:17:00 -05'00'