2003T_NOV_20230306

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
March 6, 2023
CERTIFIED MAIL 7022 0410 0002 1249 8019
RETURN RECEIPT REQUESTED
Marble Yard Land Holding, LLC
Jacob Anderson
701 Regal Rd
Murphy, NC 28906
SUBJECT: Notice of Violation
Compliance Inspection Report
Regional Disposal & Metal Transfer Facility
2003-TRANSFER-2020
Cherokee County
Dear Mr. Anderson:
On February 21, 2023, Lee Hill and 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. Kurt English and Cody McBride were present and represented Marble
Yard Land Holding, LLC during this inspection. The following violations were noted:
A. 15A NCAC 13B .0405(11) states: "Site Cleaning and Maintenance: Unless otherwise stated in the
site permit, all waste shall be removed from the tipping floor, the truck loading bays, and from
behind push walls by the end of each day of operation and disposed of in accordance with this
Subchapter. The tipping floor, push walls, and truck loading bays shall be cleaned with a pressure
washer no less than once per month. The remaining areas of the site building including side walls
and any material storage areas outside of the building shall be cleaned with a pressure washer
no less than twice per year. Wash water generated from cleaning waste handling areas shall be
contained and treated as leachate. Cleaning and maintenance records shall be maintained and
made available to the Division upon written request."
During the inspection, a dumpster was observed in the northwest corner of the transfer floor.
Facility staff stated that the dumpster is used to place waste in at the end of the day when the
transfer trailer is full. Accumulated waste was observed underneath the dumpster. The waste
under the dumpster was covered with thick dust and residue and appeared to be from previous
days operations. Marble Yard Land Holding, LLC is in violation of 15A NCAC 13B .0405(11) for
failing to remove all waste from the tipping floor the end of each day of operation.
B. 15A NCAC 13B .0405(11) states: "Site Cleaning and Maintenance: Unless otherwise stated in the
site permit, all waste shall be removed from the tipping floor, the truck loading bays, and from
behind push walls by the end of each day of operation and disposed of in accordance with this
Subchapter. The tipping floor, push walls, and truck loading bays shall be cleaned with a pressure
washer no less than once per month. The remaining areas of the site building including side walls
and any material storage areas outside of the building shall be cleaned with a pressure washer no
less than twice per year. Wash water generated from cleaning waste handling areas shall be
contained and treated as leachate. Cleaning and maintenance records shall be maintained and
made available to the Division upon written request."
EQ
� North Carolina Department of Environmental Quality I Division of Waste Management
2090 US Hwy 70 1 Swannanoa, North Carolina 28778
nuvenmmnni Enmmmenra0.1h, 828.296.4500

Marble Yard Land Holding, LLC
Regional Disposal & Metal Transfer Facility
Notice of Violation
Page 2 of 3
March 6, 2023
Duringthe inspection, an accumulation of foam, cardboard, plastic and other wastes were observed
behind the rear push wall of the transfer building. The waste was covered with dust and dirt,
indicatingthat it had been behind the push wall for multiple days. Marble Yard Land Holding, LLC is
in violation of 15A NCAC 13B .0405(11) for failing to remove all waste from behind the push walls
by the end of each day of operation.
C. 15A NCAC 13B .0405(b) states: "Water that comes into contact with solid waste is leachate and
shall be collected from the site for disposal to an approved facility or discharged directly from the
site into a sanitary sewer line. A National Pollutant Discharge Elimination System (NPDES) permit
may be required prior to the discharge of leachate to surface waters, as provided by 40 CFR 258.26
and 258.27, which are incorporated by reference, including subsequent amendments and editions,
and may be accessed at www.ecfr.gov at no cost."
During the inspection, leachate was observed flowing out of the "vent" pipe on top of the leachate
tank. The ground immediately surrounding the tank was saturated and dark staining was visible.
Marble Yard Land Holding, LLC is in violation of 15A NCAC 13B .0405(b) in that leachate was not
collected from the site for disposal to an approved facility or discharged directly from the site into a
sanitary sewer line.
D. 15A NCAC 13B .0203(d) states: "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 condition, #20 states "AII water that contacts solid waste,
including vehicle wash -down water, is leachate and must be captured and properly treated before
release to the environment."
During the inspection, leachate was observed flowing out of the "vent" pipe on top of the leachate
tank. The ground immediately surrounding the tank was saturated and dark staining was visible.
Marble Yard Land Holding, LLC is in violation of 15A NCAC 13B .0203(d) in that leachate was not
captured and properly treated before release to the environment.
E. 15A NCAC 13B .0403(b)(2) states: "Tipping floors shall be located within an enclosed building or
covered area to prevent precipitation from coming into contact with waste, and all waste shall be
managed on the tipping floors unless otherwise stated in the site permit. For the purpose of the
rules of this Section, "tipping floor" means the area where waste is offloaded from residential or
commercial vehicles, and staged and consolidated for transport to its intended disposal location."
During the inspection, multiple piles of countertop remnants and concrete were observed behind
the transfer building. Intermingled in the stockpiles were nails, plywood, painted wood, shingles,
plastic sheeting, metal hardware cloth, plastic drainpipe, and metal shelving. Marble Yard Land
Holding, LLC is in violation of 15A NCAC 13B .0403(b)(2) in that construction and demolition
waste was disposed of on the ground behind the transfer station building instead of the tipping
floor as required.
Based upon the foregoing, Marble Yard Land Holding, LLC shall come into compliance with all requirements of
the regulations in 15A NCAC 13B .0405(11), 15A NCAC 13B .0405(b), 15A NCAC 13B .0203(d), and 15A NCAC
13B .0405(b)(2) by completing the following:
North Carolina Department of Environmental Quality I Division of Waste Management
4:!5;D_EQ� 2090 US Hwy 701 Swannanoa, North Carolina 28778
xwro .m 828.296.4500

Marble Yard Land Holding, LLC
Regional Disposal & Metal Transfer Facility
Notice of Violation
Page 3 of 3
March 6, 2023
1. Marble Yard Land Holding, LLC must remove all waste from the tipping floor at the end of each
operational day as required by 15A NCAC 13B .0405(11).
2. Marble Yard Land Holding, LLC must immediately remove all waste from behind the push walls and
must clean behind the push walls at the end of each day of operation as required by 15A NCAC
13B .0405(11).
3. Within five (5) days of receipt of this Notice of Violation, Marble Yard Land Holding, LLC shall contact
Ervin Lane to determine the requirements for a soil sampling plan to determine the impact of the
leachate release. Pending the laboratory analytical results, additional measures may be required.
Ervin Lane, Hydrogeologist
NCDEQ-Division of Waste Management
919-707-8288
[e-mail]
4. Within ten (10) days of receipt of this Notice of Violation, Marble Yard Land Holding, LLC must
remove all construction and demolition waste and other materials that do not meet the definition
on inert debris as defined in 15A NCAC 13B .0101(28) from behind the transfer building. All
waste removed must be properly disposed of at the transfer station or other facility permitted by
the Division to accept the waste type.
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. 13OA-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 13OA 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 necessaryto 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 to verify that the operator has completed the requirements of this Notice of Violation.
If you have any questions, please contact me at 828-296-4700 or e-mail [e-mail].
Sincerely,
W��
Lee Hill
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer
North Carolina Department of Environmental Quality I Division of Waste Management
4:!5;D_EQ� 2090 US Hwy 701 Swannanoa, North Carolina 28778
awro .m 828.296.4500