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HomeMy WebLinkAbout1808T-TRANSFER_NOV_20210414North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 April 14, 2021 CERTIFIED MAIL 7018 0360 0002 2096 6718 RETURN RECEIPT REQUESTED Warren Wood, City Manager City of Hickory Post Office Box 398 Hickory, North Carolina 28603 CERTIFIED MAIL 7018 0360 0002 2096 6725 RETURN RECEIPT REQUESTED Andrew Ballentine, Sold Waste Manager City of Hickory Post Office Box 398 Hickory, North Carolina 28603 SUBJECT: Notice of Violation Compliance Inspection Report City of Hickory Transfer Station 1808T-TRANSFER- Catawba County Dear Sirs: On April 9, 2021, 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. Mr. Lewis Berry was present and represented the City of Hickory Transfer Station during this inspection. The following violation were noted: A. 15A NCAC 13B .0201(c) states: “No solid waste management facility shall be established, operated, maintained, constructed, expanded, or modified without a valid permit issued by the Division for the specified type of activity. It is the responsibility of every owner or operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.” North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 City of Hickory Notice of Violation Page 2 of 3 April 14, 2021 The permit for the City of Hickory Transfer Station was issued on February 22, 2016 and expired on February 19, 2020. At the time of the April 9, 2021 inspection, no permit renewal request or subsequent information had been submitted to the Division. Therefore, the City of Hickory is in violation of 15A NCAC 13B.0201(c) for operating a solid waste management facility without a current valid permit. Based upon the foregoing, within 30-days of the receipt of this Notice of Violation, the City of Hickory shall come into compliance with all requirements of the regulations in 15A NCAC 13B .0201(c) by completing the following: 1. Submit a complete permit renewal application to include an updated site plan and operational plan to the Solid Waste Section for review. All permit requests and subsequent information must be submitted to: Jordan Russ, Engineering Project Manager 1646 Mail Service Center Raleigh, North Carolina 27699-1646 jordan.russ@ncdenr.gov The violation listed above was observed by Section staff and require action on behalf of the City of Hickory 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 City of Hickory 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 (704) 235-2144 or charles.gerstell@ncdenr.gov. North Carolina Department of Environmental Quality | Division of Waste Management 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115 704.663.1699 City of Hickory Notice of Violation Page 3 of 3 April 14, 2021 Sincerely, Charles T. Gerstell Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Deb Aja, Western District Supervisor Chris Hollinger, Compliance Officer Jordan Russ, Engineering Project Manager Enclosure: Facility Compliance Inspection Report