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HomeMy WebLinkAbout3505_NOV_20210719ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director �EQ NORTH CAROLINA Environmental Quality July 19, 2021 CERTIFIED MAIL 7019 0700 0000 3643 4275 RETURN RECEIPT REQUESTED Mr. Dan Wall 2095 US Highway 1 Franklinton, NC 27525 RE: Notice of Violation Wall Recycling, LLC Permit #s 3505-LCID-2020, 3505-TP-2020, 3505-MWP-2020 2095 US Highway 1 Franklinton, NC 27525 Dear Mr. Wall, On July 13, 2021, Ms. Amanda Thompson, 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 Statues and Rules. The following violations were noted: A. Permit to Operate Part VI (44) (b), "Waste must only be deposited on the concrete pad or directly into containers. Waste must not be stored on the concrete pad after operating hours." Permit to Operate Part VI (45), "Any waste stored on site after operating hours must be stored in leak resistant containers, with watertight covers, a maximum of 24 hours. However, a minimal amount of waste may be stored for a maximum of 48 hours when the facility is closed during a weekend and a maximum of 72 hours when closed for a weekend holiday. Storage of the waste must not cause any nuisance, such as odor or attraction of vectors." The Wall Recycling Facility is in violation of the Permit to Operate Part VI (44)(b) and (45) in that waste was stored on the concrete pad after operating hours and that waste was not stored in leak resistant containers with watertight covers. This inspection was R EQ �North Carolina Department of Environmental Quality I Division of Waste Managementffi Fayetteville Regional Oce 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 ROLIN NORTH CAA cePaemeMofE"a—emaiQuality /� 910.433.3300 Wall Recycling, LLC Notice of Violation Page 2 of 3 July 19, 2021 conducted at the facility just after the gate had opened and prior to any dumping at the facility. B. 15A NCAC 13B .0302 (a)(5), "the owner or operator shall provide equipment to operate and maintain the site using safe and sanitary practices for the preservation of the public health and welfare and the environmental by preventing the generation of leachate, the attraction of vectors, the release of odors, and the release of waste or leachate to the environmental." And 15A NCAC 13B .0103 (e), "No person shall dispose or cause the disposal of solid waste in or on waters in a manner that results in solid waste's entering waters or being deposited upon lands of the State." The Wall Recycling Facility is in violation of 15A NCAC 13B .0302 (a)(5) and 15A NCAC 13B .0103 (e) in that waste was observed within standing water. At the time of this inspection, standing water was observed around the concrete pad and around the base of the shingle pile. Based upon the foregoing, upon receipt of this Notice of Violation, Wall Recycling, LLC shall come into compliance with all applicable requirements of the Permit to Operate Part VI (44) (b) and (45) and regulations in 15A NCAC 13B .0302 (a)(5) and .0103 (e) by completing the following: 1. Immediately ensure that waste is removed from the concrete pad, placed in leak resistant containers, and properly disposed of in accordance with the permit and approved operations plan. 2. Immediately remove and properly dispose of any waste that has been disposed of in water. 3. Properly grade the facility so that water is shed away from the waste. All corrective measures must be completed within 30 days' receipt of this notice of violations. A follow up site inspection will be conducted after 30 days have passed to ensure that the corrective measures have been completed to bring this facility into compliance. 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 such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. D E Q North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA - oapanmamoren.ironmeMlQual� /`� 910.433.3300 Wall Recycling, LLC Notice of Violation Page 3 of 3 July 19, 2021 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 Violation. If you have any questions regarding this matter, please feel free to contact me at (910) 433-3353 or e-mail amanda.thompson@ncdenr.gov. Sincerely, Amanda Digitally signed by Amanda Thompson Thompson Date: :3537-04'0,9 12:35:37-04'00' Amanda Thompson Environmental Senior Specialist Division of Waste Management - Solid Waste Section copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section Andrew Hammonds, Eastern District Supervisor —Solid Waste Section Jessica Montie, Environmental Program Consultant —Solid Waste Section Chris Hollinger, Compliance Officer — Solid Waste Section D E Q z North Carolina Department of Environmental Quality I Division of Waste Management Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 NORTH CAROLINA - Depanmamoren.ironmeMlQual� /`� 910.433.3300