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