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HomeMy WebLinkAbout14_N1004_NOD_20170815 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 August 15, 2017 CERTIFIED MAIL 7016 1370 0000 2595 6828 RETURN RECEIPT REQUESTED Charles Woodard 1155 Advent Circle Lenoir, North Carolina 28645 SUBJECT: Notice of Deficiency Compliance Inspection Report Woodard Enterprises N01004 Caldwell County Dear Mr. Woodard: On August 9, 2017, 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. The following violations were noted: A. 15A North Carolina Administrative Code 13B .0566(2) states: “A facility shall only accept those solid wastes which is permitted to receive.” During the inspection, demolition waste consisting of multiple pieces of plywood, painted wood, painted block, metal, shingles, ceramic tile, insulation, wood paneling, PVC pipe, possible ceiling tiles, a toilet bowl, a sink, a hot water heater, carpet, drywall, treated lumber, pieces of metal and metal conduit, corrugated plastic pipe, vinyl siding, and plastic buckets were observed on site. Municipal solid waste such as plastic drinking bottles, a television, clothing (a sock), blankets, an empty prescription pill bottle, and plastics was also observed. Some demolition waste on site appeared to have been burned. The aforementioned wastes are unacceptable for disposal in a Land Clearing and Inert Debris Landfill. Therefore, Charles Woodard is in violation of 15A NCAC 13B .0566(2). The above violation 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 .0566(2). In order to resolve these issues, Charles Woodard must take the following actions: Woodard Enterprises Notice of Deficiency Page 2 of 2 August 15, 2017 1.) Within 30-days of receipt of this Notice of Deficiency, all unacceptable waste streams must be removed and properly disposed at a solid waste management facility permitted by the Division of Waste Management. Proof of proper disposal must be provided by submitting all solid waste management facility receipts where waste is disposed to the Solid Waste Section. Receipts for disposal must be submitted to: Charles Gerstell NCDEQ – Solid Waste Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 The violation listed above was 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 Deficiency. If you have any questions, please contact me at (704) 235-2144 or charles.gerstell@ncdenr.gov. Sincerely, Charles T. Gerstell Environmental Senior Specialist Division of Waste Management - Solid Waste Section Enclosure: Facility Compliance Inspection Report copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Deb Aja, Western District Supervisor – Solid Waste Section Jessica Montie Compliance Officer – Solid Waste Section