8204_NOV_20170118

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

State of North Carolina | Environmental Quality | Waste Management
127 Cardinal Drive Extension | Wilmington, NC 28405
910 796 7405 T

March 6, 2017

Jim Bailey, Corporate Registered Agent
Orbit Energy, Inc.
6300 Creedmoor Rd #170-134
Raleigh, NC 27612
Certified Mail 70112000000227678500
Subject: NOTICE OF VIOLATION
8204-Compost
Sampson County

Mr. Jim Bailey:

Pursuant to North Carolina General Statutes 130A-22(a) and to 15A North Carolina Administrative
Code 13B, you are hereby informed that solid waste is illegally stored and/or disposed of at the formerly
permitted Orbit Energy located at 531 Hickory Grove Road, in Clinton, Sampson County, North Carolina.

On January 18, 2017, I inspected the subject property for non-conforming solid waste disposal. The
inspection revealed that solid waste is located at the property without a valid Permit to Operate a solid waste
facility. The placement and/or storage of solid waste at the property constitutes a violation of the North
Carolina Solid Waste Management Rules, codified at 15A NC Administrative Code 13B; specifically:

1. 15A NCAC 13B .0103 (a) states, “All solid waste shall be stored, collected, transported, separated,
processed, recycled, recovered, and disposed of in a manner consistent with the requirements of
these Rules.”
2. 15A NCAC 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)..”
3. 15A NCAC 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).”
4. 15A NCAC 13B .0201 (c) states, “No solid waste management facility shall be established,
operated, maintained, constructed, expanded, or modified without a currently valid permit issued
by the Division for the specified type of disposal activity. It is the responsibility of every owner
and operator of a proposed solid waste management facility to apply for a permit for the facility.
The term "owner" shall include record owners of the land where the facility is located or proposed
to be located and holders of any leasehold interest, however denominated, in any part of the land
or structures where the facility is located or proposed to be located.”

You are in violation of Section 13B .0103 (a) in that solid waste has been stored in a manner
inconsistent with requirements.
You are in violation of Section 13B .0201 (a), (b), and (c) in that you are storing waste at an
established solid waste management facility that does not have a currently valid permit from the Division.

Based on the foregoing, discontinue all dumping operations and within thirty days of receipt of
this Notice, comply with the abovementioned violations by taking the following actions:

1. Contact me to discuss your plans for the removal of unapproved solid waste.
2. Ensure that all waste is safely removed from the site and transported to a facility permitted by the
State to receive such wastes. Provide receipts from this facility to:

Wes Hare
NC DENR-Solid Waste Management
127 Cardinal Drive Ext
Wilmington, NC 28405

3. Prevent further unauthorized entry to and disposal of solid waste at the site.

NOTE: Burning of waste in place is not permissible.

Failure to comply with this schedule may subject all responsible parties 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. Pursuant to
N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-.0707, an administrative penalty of up to
$15,000.00 per day may be assessed for each violation of the Solid Waste Laws, Regulations,
Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the N.C. General
Statutes.
Pursuant to NCGS 130A-22(a) and 15A NCAC 13B .0701-.0707, an administrative penalty
of up to $15,000.00 per day may be assessed for each violation of the Solid Waste Management
Laws or Regulations.

If you have any questions regarding this matter, please contact me at 910.796.7405. Thank
you for your cooperation.

Sincerely,

Wes Hare, Environmental Senior Specialist
Div. of Waste Management, Solid Waste Section

cc: Jason Watkins, Field Operations Branch Head/SWS
Andrew Hammonds, Eastern District Supervisor/SWS
Jessica Montie, Compliance Officer/SWS
Bobby Nelms, Environmental Senior Specialist/Hazardous Waste Section