SWCD-44-01-20090806NOV

NCDENR
NORTH CAROLINA R DEPATMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
YW
Transfer
Compost
X
SLAS
COUNTY: Haywood
MSWLF
PERMIT NO.: J.W. Johnson Tomato Co.,
Closed
HnW
White
Incin
T&P
FIRM
MSWLF
gods
Inc. Solid Waste Compost Pilot Project
FILE TYPE: COMPLIANCE
CDLF
TireT&P
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Audit: August 6, 2009 and August 14, 2009
FACILITY NAME AND ADDRESS:
J. W. Johnson Tomato Co., Inc.
Francis Farm Road
Haywood County
GPS COORDINATES: N: 35.50191 E:-82.96194
FACILITY CONTACT NAME AND PHONE NUMBER:
OPERATOR AND GENERATOR:
John W. Johnson, Jr.
[phone]
OWNER: James Harley Francis, Jr.
P.O. Box 117
Lake Junaluska, NC 28745
[phone]
FACILITY CONTACT ADDRESS:
J. W. Johnson Tomato Co., Inc.
P.O. Box 241
Waynesville, NC 28786
AUDIT PARTICIPANTS:
August 6, 2009:
Michael Scott, NCDENR Division of Waste Management
Andrea Keller, NCDENR Division of Waste Management
William Wagner, NCDENR Division of Waste Management
Troy Harrison, NCDENR Division of Waste Management
Deborah Aja, NCDENR Division of Waste Management
August 14, 2009:
Andrea Keller, NCDENR Division of Waste Management
Deborah Aja, NCDENR Division of Waste Management
Date of Last Audit: N/A
STATUS OF PERMIT:
Solid Waste Type 2 Compost Pilot Project Authorized August 21, 2007
Compost Pilot Project Extension Granted October 24, 2008.
Compost Pilot Project Expires October 1, 2009.

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 5
PURPOSE OF AUDIT:
Partial Audit - Operations
NOTICE OF VIOLATION(S):
The J. W. Johnson Tomato Co., Inc. Solid Waste Composting Pilot Approval was approved in accordance with the North
Carolina Solid Waste Management Rules, 15A NCAC 13B .1409(b), subject to Conditions of Approval.
Condition #4 of the approval dated October 24, 2008, requires that all run-off from the site and leachate
generated shall be managed to prevent any impact to ground or surface waters.
Condition #6 of the approval dated October 24, 2008 requires that the operation of the facility and compost
monitoring activities shall be in accordance with the approved application and 15A NCAC 13B .1406.
The approved application required that the vegetable waste be placed in windrows for composting and managed:
"The windrows will have a base of wood chips that is 10 inches thick. Packing house waste (cucumbers,
tomatoes, peppers) will be deposited on top of the base. A cover of wood chips about 10-12 inches thick will
cover the windrow."
15A NCAC 13B .1406(1)(A) requires that construction plans and conditions of permit be followed.
15A NCAC 13B .1406(4) requires that leachate shall be contained on site treated to meet standards of the off -site
disposal method.
15A NCAC 13B .0106 states:
(a) A solid waste generator shall be responsible for the satisfactory storage, collection and disposal of
solid waste.
(b) The solid waste generator shall ensure that his waste is disposed of at a site or facility which is
permitted to receive the waste.
15A NCAC 13B .0201 states:
(a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment,
processing, storage or disposal of solid waste except at a solid waste management facility permitted by the
Division for such activity, except as provided in G.S. 130A-294(b).
(b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste
upon any real or personal property owned, operated, leased, or in any way controlled by that person
without first obtaining a permit for a solid waste management facility from the Division authorizing such
activity, except as provided in G.S. 130A-294(b).
During the August 6, 2009 inspection, vegetable waste (cucumbers, tomatoes, peppers) was observed on the ground in
three areas: approximately three truckloads of waste was located in the area approved for composting, less than one
truckload of waste was visible along the access road to the approved composting area, and an unknown amount of waste
had been placed in an excavated pit (approximately 20 feet by 35 feet, depth unknown, and previously used in 2007 by J.
W. Johnson Tomato Co., Inc. as an unpermitted open dump site). The approval for the compost pilot project did not
authorize disposal along the access road or in the excavated pit. The waste in the approved composting area was not
placed on a bed of woodchips, was uncovered, and was not managed in windrows. Leachate was observed on the access
road to the approved composting area, downgradient of the vegetable waste. There was a strong odor at the site. Flies
were observed on the vegetable waste in the approved composting area.

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 5
During the August 14, 2009, inspection it appeared that additional vegetable waste had been placed in the excavated pit.
It also appeared that additional vegetable waste had been placed in the approved composting area and that previously
composted material had been placed on top of the vegetable waste that was observed on August 6, 2009. The vegetable
waste was placed on the ground in front of the waste observed on August 6, 2009, and was not placed on a bed of wood
chips, was uncovered, and was not managed in windrows. Flies were observed in the approved composting area.
Leachate was observed flowing from the vegetable waste in the approved composting area on the access road. It appeared
that previously composted material was also placed on the vegetable waste that was observed along the access road on
August 6, 2009.
By (1) not managing the waste in windrows, covering, and composting in accordance with the approved
application and Compost Pilot Project Conditions of Approval, (2) not managing leachate in accordance with the
approved application and Compost Pilot Project Conditions of Approval, and (3) placing waste in unpermitted
areas outside of the approved composting area, J. W. Johnson Tomato Co., Inc. is in violation of 15A NCAC 13B
.1409(b), 15A NCAC 13B .1406(1)(A)and 15A NCAC 13B .1406(4).
By generating and disposing of solid waste along the access road and in the excavated pit, which were not a solid
waste management facilities permitted by the Division, J. W. Johnson Tomato Co., Inc. is in violation of 15A
NCAC 13B .0106(a) and 15A NCAC 13B .0106(b).
By arranging for and allowing the disposal of solid waste (along the access road and excavated pit) on property
controlled J. W. Johnson Tomato Co., Inc. without first obtaining a permit for a solid waste management facility
from the Division authorizing such activity, J. W. Johnson Tomato Co., Inc, is in violation of 15A NCAC 13B
.0201(a), and 15A NCAC 13B .0201(b).
The following actions will bring J.W. Johnson Tomato Co., Inc. into compliance with 15A NCAC 13B of the Solid
Waste Management Rules:
1. Immediately cease accepting waste.
2. Within 2 weeks of receipt of this audit report, remove all vegetable waste and impacted soils to a solid waste
facility permitted to receive the waste, or, within 2 weeks all vegetable waste material and impacted soils shall be
windrowed and properly staged for composting in the area in accordance with the Compost Pilot Project approval
and application.
3. Within 90 days of receipt of this audit report all composting activity must be completed, compost removed, and
facility restored.
On August 19, 2009, activities were initiated at the site to remove the vegetable waste and impacted soils to a permitted
solid waste composting facility [Crowell Farms, Inc, Buncombe County Permit Number SWC 11-12]. Please contact
Andrea Keller, Solid Waste Section Environmental Senior Specialist [828-296-4700], to keep the Section informed of
remediation activities at the site. After completion of the above requirements, Ms. Keller shall be contacted again for a
compliance audit.
You are hereby 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 Statute or Regulations. For the violation(s) noted here, you may 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.
STATUS OF PAST NOTED VIOLATIONS: Violations of 15A NCAC 13B .0201(a) and .0201(b).
On August 21, 2007, waste was observed disposed of in two pits at this site, which were unpermitted open dumps. The
waste and impacted soils were removed to the current approved compost area and the violations were considered resolved
on August 30, 2007. The excavated pit observed on August 6, 2009, was in the same location of the unpermitted pit
observed on August 21, 2007.

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 5
AREAS OF CONCERN AND COMMENTS:
1. The facility is a Type 2 Compost Pilot that may receive pre -consumer vegetative agricultural waste.
2. On August 6, 2009, a partial audit was conducted to observe the Compost Pilot operations.
3. Approximately 3 truckloads of vegetable waste were observed on the ground in the area approved for
composting. The waste was not placed on a bed of woodchips, covered, and managed in windrows. Wood chips
were the approved carbon source and bulking agent.
Vegetable waste on ground and not placed on bed of woodchips, covered, and windrowed.
(Photograph Taken 8/6/09)
4. Leachate was observed on the access road to the approved composting area.
,pproved Composting Area
Leachate flowing from
vegetable waste.
(Photograph Taken 8/6/09)
5. Waste was placed/disposed of in two areas outside of the approved composting area: less than one truckload of
visible waste had been placed along the access road to the approved composting area, and additional waste,
amount unknown, was placed in an excavated pit (approximately 20 feet by 35 feet, depth unknown) that was
previously used as an illegal site in 2007.

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 5
Excavated pit with vegetable waste.
(Photograph Taken 8/6/09)
6. On August 6, 2009, there was a strong odor at the site.
7. Flies were observed on the vegetable waste in the approved composting area.
8. On August 12, 2009, Mr. Johnson, Jr. stated that the facility had accepted approximately 30 loads of culled
tomatoes, peppers, and cucumbers generated from J. W. Johnson Tomato Co., Inc. Waste was brought to the site
starting after the 4th of July, 2009.
9. The access road to the site was gated and locked.
10. In the approved composting area, the facility accepted wastes it was approved to receive.
11. On August 12, 2009, the facility Operator and Generator, John W. Johnson, Jr., and Owner, James Francis, were
verbally notified of the violations described above and it was requested that they immediately cease accepting
waste at the site. The options of removing the vegetable waste at the site to a permitted facility or composting in
accordance with the Compost Pilot approval were discussed.
Please contact me if you have any questions or concerns regarding this audit report and NOTICE OF VIOLATION.
Q
Phone: [phone]
Deborah Aja
Western District Supervisor
Delivered on : August 20, 2009
by
Hand delivery
X
US Mail
X
Certified No. 7002 0460 0001 9899
5961 to Claire Johnson, Registered
Agent, J.W. Johnson Tomato Co.,
Inc.
cc: Mark Poindexter, Field Operations Branch Supervisor
Michael Scott, Compost and Land Application Branch Supervisor
Andrea Keller, Environmental Senior Specialist
Donald Herndon, Compliance Officer
James Harley Francis, Jr., Landowner