3616_NOV Letter_20170526

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

MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

May 26, 2017

CERTIFIED MAIL: 7015 1520 0002 6984 8921
RETURN RECEIPT REQUESTED

Ms. Carole McLeod, President
950 Eagle Road
Waxhaw, NC 28173

SUBJECT: Notice of Violation
Compliance Inspection Report
FFD II, LLC dba Recycle Carolina
3616-Transfer-2013
Gaston County

Dear Ms. McLeod:

On May 4, 2017, Kim Sue and Charles Gerstell, 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. Carole McLeod, Owner was
present and represented Recycle Carolina during this inspection. The following violation(s) were
noted:

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.” Attachment 1, Part 1, General Permit
Condition Number 6 of Permit to Operate 3616-Transfer-2013 states: “Operation of
this solid waste management facility shall be in accordance with the Solid Waste
Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North
Carolina General Statutes (NCGS 13A-290, et seq.), the conditions contained in this
permit; and the approved plan. Should the approved plan and the rules conflict, the
Solid Waste Management Rules shall take precedence unless specifically addressed by
permit condition. Failure to comply may result in compliance action or permit
revocation.” The approved Application for New Permit Resource Recovery Transfer
Station FFD II, LLC DBA: Recycle Carolina, dated October 14, 2013 (DIN 19256, Page 3)
included with the list of Documents for the Approved Plan states: “Site Security and
Control/Hours of Operation”, “The site is enclosed and covered within the property
boundaries with fencing and locking gate. Access is controlled by an on-site SWANA
certified transfer station operator Monday through Saturday 24 hours a day beginning
at 5:00 a.m. Monday until Saturday at 4:00 p.m.”.
FFD II dba Recycle Carolina
Notice of Violation
Page 2 of 3
May 26, 2017

B. 15A NCAC 13B .0402(1) states: “Operational plans shall be approved and followed as
specified for the facility”. The approved Application for New Permit Resource
Recovery Transfer Station FFD II, LLC DBA: Recycle Carolina, dated October 14, 2013
(DIN 19256, Page 3) states: “Site Security and Control/Hours of Operation”, “The site is
enclosed and covered within the property boundaries with fencing and locking gate.
Access is controlled by an on-site SWANA certified transfer station operator Monday
through Saturday 24 hours a day beginning at 5:00 a.m. Monday until Saturday at 4:00
p.m.”.

During the inspection, on May 4, 2017, it was discovered that no on-site certified operator was
present. According to Carol McLeod, Mr. Walbridge has not been employed at the facility since
January 2017 and there were no other certified operators employed by the facility.

On September 14, 2015, Bill Wagner, Environmental Senior Specialist with the Solid Waste
Section, performed an inspection of the facility and subsequently issued a Notice of Deficiency
for failure to staff the facility with an on-site SWANA certified transfer station operator(s).
Gregg Walbridge completed the training class, therefore, the Notice of Deficiency was resolved
on December 22, 2015.

Based upon the foregoing, Recycle Carolina shall come into compliance by September 11, 2017
by ensure that a certified transfer operator is on site during operating hours.

1. Register for the next available Transfer Station Operations Specialist Certification Course.
2. E-mail a copy of all certified transfer station operator certification(s) to:

[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
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation.

FFD II dba Recycle Carolina
Notice of Violation
Page 3 of 3
May 26, 2017

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

Sincerely,

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

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Compliance Officer - Solid Waste Section