3004_NOD_20170221

State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919 707 8200
ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

February 21, 2017

CERTIFIED MAIL 7015 1520 0002 6984 7641
RETURN RECEIPT REQUESTED

Eric Wallace
221 Wallace Farm Lane
Advance, NC 27006

SUBJECT: Notice of Deficiency
Wallace Farms - Davie Compost Facility
3004-Compost-2014
Davie County

Dear Mr. Wallace:

On February 9, 2017, Solid Waste staff, representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section), detected a very strong odor on I-40 adjacent
to the Davie County Compost Facility located at 221 Wallace Farm Lane, Advance North Carolina,
which corresponded with a complaint from RayLen Vineyards and Winery of compost odors at
that time. Based on information provided by facility staff, these odors appear to be from the
disturbance of the compost windrows, either by mechanically turning them, or in moving
material to finishing piles.

A. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and shall
comply with the conditions of the permit.” General Permit Condition Number 15 of
Permit to Construct and Operate Davie County Compost Facility states: “The odor
management procedures must be followed to minimize odors at the facility boundary.
Upon receipt of an odor complaint, the facility operator must investigate and take action
as necessary to minimize the cause of the complaint. A copy of all written complaints
regarding this facility must be maintained for the duration of the permit including the
operator’s actions taken to resolve the complaint”.

Davie County Compost Facility is in violation of 15A NCAC 13B .0203(d) as a result of failing to
minimize odors at the facility boundary.

B. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Wallace Farm Inc. Large Type 3 Compost Facility,
dated November 24, 2015 (DIN 25327, 2.3.13 – Air Pollution Control Requirements) states:
Wallace Farms- Davie Compost Facility
Notice of Deficiency
Page 2 of 3
February 21, 2017

“The facility is to be operated to meet air pollution control requirements to minimize
fugitive odorous emissions and to minimize odors at the property boundary. Minimize
means to reduce to the smallest amount, extent, or degree reasonably possible.
Operational procedures for maintaining aerobic conditions within the compost piles will
be applied to minimize odor generation. These procedures include adjusting the porosity,
moisture content and pH of mixes. Additionally, the carbon to nitrogen (C:N) ratio of the
initial mix will be greater than 20:1 to minimize the release of nitrogen based compounds
such as ammonia.

An additional step that may be utilized is covering windrows with carbonaceous materials,
as described in Section 2.6 and in the O&M Manual. A conveyor mounted on a spreader
may be used to apply a layer of carbonaceous materials to windrows after formation, and
following turning.

The composting operations have been strategically placed on site to minimize odors at the
property boundary.

Davie County Compost Facility is in violation of 15A NCAC 13B .0402(1) as a result of failing to
minimize odors at the facility boundary.

The above violations may have or can compromise the facility’s ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
in order to maintain compliance with 15A NCAC 13B. In order to resolve these issues, Davie
County Compost Facility must take the following actions:

1. Immediately take any action(s) necessary to ensure any odor generated by this facility
is minimized before leaving the property boundary.
2. Within 14 days of receipt of this Notice, provide a detailed report summarizing any
actions taken since the February 9th complaint was received as well as all specific actions
proposed by the facility for addressing odorous emissions from the facility. This report
shall include, but is not limited to, the removal of additional potential odorous
feedstock material, operational, mechanical, chemical or biological measures that have
occurred and/or are proposed as maximum feasible controls for the reduction control
of odorous emissions from this facility. Chemical measures proposed shall include a
summary of the proposed effectiveness, a Safety Data Sheet, if available, a list of
contents, and the potential impact on facility generated leachate and groundwater.

This report should be submitted to:

Tony Gallagher, Branch Head
Composting and Land Application
Solid Waste Section
Wallace Farms- Davie Compost Facility
Notice of Deficiency
Page 3 of 3
February 21, 2017

1646 Mail Service Center
Raleigh, NC 27699-1646
[e-mail]

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
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Deficiency.

If you have any questions, please contact me at 704-235-2163 or e-mail [e-mail].

Sincerely,

Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Ellen Lorscheider, Section Chief – Solid Waste Section
Jason Watkins, Field Operations Branch Head – Solid Waste Section
Tony Gallagher, Composting and Land Application Branch Head
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
John K. Eller, IV, County Manager
Dean Lentz, Wallace Farms - Davie