HomeMy WebLinkAboutSLAS1801_NOD_20161019
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, North Carolina 28778
828 296 4500
PAT MCCRORY
Governor DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director
October 19, 2016
CERTIFIED MAIL 7014 0510 4466 3630
RETURN RECEIPT REQUESTED
Gary & Virginia Dellinger
A Sani-Can
8150 Webbs Road
Denver, NC 28037
SUBJECT: Notice of Deficiency
Compliance Inspection Report
A Sani-Can
SLAS-18-01
Catawba
Dear Mr. and Mrs. Dellinger:
On October 13, 2016, Troy Harrison and Lee Hill, 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
violations were noted:
1. 15A NCAC 13B .0838 (a) (18) states: “Approved nutrient management plans shall be
followed”.
A) The approved nutrient management plan states: “Cattle will not be placed in a field
until at least 30 days after the last land application event.”
On October 13, 2016, A Sani-Can was in violation of 15A NCAC 13B .0838 (a) (18)
because cattle were observed on Field 5 which was actively being used for septage
land applications.
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”.
On October 13, 2016, A Sani-Can was in violation of 15A NCAC 13B .0838 (a) (10) because
several boundary markers were down on fields receiving septage land applications.
A Sani-Can
Notice of Deficiency
Page 2 of 3
October 19, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, North Carolina 28778
828 296 4500
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 October 13, 2016, A Sani-Can was in violation of 15A NCAC 13B .0838 (a) (12) because
septage land applications were observed outside of the permitted boundary of Fields 4
and 2.
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 .0838 (a) (18), 15A NCAC 13B .0838 (a) (10)
and 15A NCAC 13B .0838 (a) (12). In order to resolve these issues, A Sani-Can must take the
following actions:
a. Immediately restrict cattle from grazing on Field 5, or any other field that has accepted
land applications in the last 30 days.
b. Within 10 days replace all field boundary barkers that are either missing or damaged.
c. Immediately cease land applications outside of the permitted Field boundaries.
By November 4, 2016, A Sani-Can 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
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.
A Sani-Can
Notice of Deficiency
Page 3 of 3
October 19, 2016
State of North Carolina | Environmental Quality | Waste Management
2090 US Highway 70 | Swannanoa, North Carolina 28778
828 296 4500
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection to verify that the facility has completed the requirements of this Notice of
Deficiency.
If you have any questions please contact me at 828-296-4701 or e-mail
troy.harrison@ncdenr.gov.
Sincerely,
Troy Harrison
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Tony Gallagher, Composting & Land Application Branch Head
Michelle Sclafani, Composting & Land Application Branch
Connie Wylie, Composting & Land Application Branch