SLAS8511_NOV_20170621

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

June 30, 2017

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Joshua Branscome
B & M Septic Tank, Inc.
3639 Beasley School Road
Snow Creek, NC 27042

SUBJECT: Notice of Violation
Compliance Inspection Report
B & M Septic Tank, Inc.
SLAS-85-11
Stokes

Dear Mr. Branscome:

On June 21, 2017, Troy Harrison, 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. The
following violation(s) were noted:

1. 15A NCAC 13B .0838 (a) (18) states: “Approved nutrient management plans shall be
followed”.

The approved nutrient management plan states: “Land application will be rotated
between 3 fields on 30-day increments, this will allow for the 30-day wait for harvest of
crops.”

On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (18)
because the most recent land application began at the entrance to Field 1, through Field
2, and ended in Field 3. The three fields were essentially being managed as one large
field.

2. 15A NCAC 13B .0838 (a) (10) states: “Disposal area boundaries shall be clearly marked
on the ground while a site or any portion of a site is in use”.

B & M Septic Tank, Inc.
Notice of Violation
Page 2 of 3
June 30, 2017

On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (10)
because several boundary markers were down on fields receiving septage land
applications.

3. 15A NCAC 13B .0838 (a) (12) states: “All septage discharges, including aerial drift from
discharges, shall be made within the permitted boundaries of the land application site”.

On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (12)
because septage observed outside of the permitted land application boundary.

4. 15A NCAC 13B .0838 (a) (9) states: “Septage shall not be applied to a site if the
application method will result in ruts greater than three inches in the soil surface”.

On June 21, 2017, B & M Septic Tank Inc. was in violation of 15A NCAC 13B .0838 (a) (9)
because several ruts greater than 3 inches in depth were observed in Field 1.

Based upon the foregoing, B & M Septic Tank, Inc. shall come into compliance with all
requirements of the regulations in 15A NCAC 13B .0838 (a)(18); 15A NCAC 13B .0838 (a)(10); 15A
NCAC 13B .0838 (a)(12) and 15A NCAC 13B .0838 (a)(9) by completing the following:

a. Immediately manage the site (in regards to septage application, the 30-day waiting period
and harvest) as three separate fields as required by the nutrient management plan.

b. By June 14, 2017, replace all field boundary markers that are either missing or damaged.

c. Immediately cease land applications outside of the permitted field boundaries.

d. By June 14, 2017, repair damage caused by the ruts in Field 1 and do not discharge
septage if land application will result in ruts greater than 3 inches.

By July 17, 2017, B & M Septic Tank, Inc. shall provide a written certification with supporting
documentation on company letterhead confirming the noted compliance schedule has been
completed. Include in this certification any actions taken to prevent these violations from
occurring in the future. Mail this certification to:

Troy Harrison
Environmental Senior Specialist
2090 US Highway 70
Swannanoa, NC 28778

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
B & M Septic Tank, Inc.
Notice of Violation
Page 3 of 3
June 30, 2017

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 828-296-4701 or e-mail
[e-mail].

Sincerely,

Troy Harrison
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Ellen Lorscheider, Solid Waste Section Chief
Sarah Rice, Compliance Officer
Connie Wylie, NC Solid Waste Section
Corinne Law, NC Solid Waste Section