9242_NOCAV_20230303

March 3, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 0150 0000 3068 5494

Mr. Dan Wall
2310 Garner Rd
Raleigh, NC 27610

RE: Notice of Continuing and Additional Violation
Wall Recycling – Garner Road Transfer Station and Mixed Waste Processing Facility
Permit #9242-Transfer-2020 and 9242-MWP-2020
2126 Garner Road
Raleigh, NC 27610

Dear Mr. Wall,

On January 26, 2023, Mr. Tim Davis, along with Mr. Drew Hammonds, 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. In
addition to determining that violations of 15A NCAC 13B .0403 (b)(2), 15A NCAC 13B .0405 (a),
and Section 3.1 of The MWP & Transfer Station Operations Plan noted in the July 27, 2022
Notice of Violation (NOV) letter remain uncorrected, the following violations were also noted:

A. 15A NCAC 13B .0203 (d), “By receiving solid waste at a permitted facility, the
permittee shall be considered by the Department to have accepted the conditions of
the permit and shall comply with the conditions of the permit.”

Permit Approval to Operate, Attachment 3, Part VII (25) (c), “Waste must not be
stored on the “tipping floor” after operating hours.” During this inspection, as in the
previous 5/3/2022, 6/30/2022, and 10/12/2022 inspections, the excavator was
observed sitting on top of a pile of comingled fine and large construction and
demolition (C&D) waste outside of the designated MWP area. This pile is waste and
must be removed by the end of the operating day. The operator is not permitted to
dump C&D waste outside of the building and should cease doing so. Please provide
photos showing waste has been removed from this area.

Wall Recycling, LLC
Notice of Violation
Page 2 of 3
March 3, 2023

Wall Recycling, LLC is in violation of 15A NCAC 13B .203 (d) and Permit to Operate
Attachment 3, Part VII (25)(c) by continuing to dump, process, and store C&D waste
outside of the metal building designated for this use in the Section approved operations
plan. Storing C&D waste on the tipping floor after operating hours is strictly prohibited.

B. 15A NCAC 13B .0301 (i)(2), “Sites that received a permit from the Division prior to the
readopted effective date of this Rule shall comply with the rules of this Section with
the following exceptions: (2) if a building, structure, or waste handling area was
constructed prior to the readopted effective date of this Rule, and is expanded beyond
the existing permitted operational boundary after the readopted effective date of this
Rule, the permitted operational boundary that was existing on the readopted
effective date of this Rule shall not be required to comply with Paragraph (a) of this
Rule, but the expansion areas shall comply with these requirements.” During this
inspection, a large pile of commingled waste, which included painted and unpainted
concrete debris, metal, wood, plastic, and other miscellaneous wastes, was being
stockpiled southwest of the C&D waste processing area. This pile of commingled
waste is within 100 feet of the western and southern property lines and is not
surrounded by an unused and cleared area of no less than 25 feet, as required by 15A
NCAC 13B .0301. Concrete processing and storage areas have increased in size since
the previous inspection and are outside the limits of the approved operations area.
Ensure all commingled waste including the crushed mixed waste in this area is
removed and disposed of properly at a permitted landfill.
Wall Recycling, LLC is in violation of 15A NCAC 13B .0301 (i)(2) in that a large pile of
commingled waste is being stockpiled within 100 feet of the western and southern
property lines and is not surrounded by an unused and cleared area of no less than 25
feet. The stockpiling or storage of waste is prohibited within 100 feet of property lines
and any stored waste must be surrounded by a cleared area of no less than 25 feet.

Based upon the foregoing, upon receipt of this Notice of Continuing and Additional Violation,
Wall Recycling, LLC shall come into compliance with all applicable requirements of regulations
15A NCAC 13B .0203 (d), Permit Approval to Operate, Attachment 3, Part VII (25) (c), and
regulations in 15A NCAC 13B .0301 (i)(2) by completing the following:

1. Within 30 days move all MWP dumping and processing operations inside the metal
building designated for such use in the Section approved operations plan.
2. Within 30 days remove the large pile of comingled waste and mixed crush waste from
the site and dispose of it properly at facility permitted to receive the waste.
3. Within 30 days clearly mark the property lines.

Wall Recycling, LLC
Notice of Violation
Page 3 of 3
March 3, 2023

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.

Additional enforcement actions are being pursued due to the ongoing violations at this facility.

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
[phone] or e-mail [e-mail].

Sincerely,

Tim Davis
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
Chris Hollinger, Compliance Officer – Solid Waste Section
Sherri Stanley, Permitting Branch Head – Solid Waste Section
Dustin Hill, COO – Wall Recycling, LLC
Dan Jarboe, Facility Manager – Wall Recycling, LLC