3005_NOD_20170331

State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919 707 8200
ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

March 31, 2017

CERTIFIED MAIL 7015 1520 0002 6984 8907
RETURN RECEIPT REQUESTED

Peter M. Gallins, President
Gallins Family Farm, Inc.
222 Rocky Dale Lane
Mocksville, NC 27028

CERTIFIED MAIL 7015 1520 0002 6984 8914
RETURN RECEIPT REQUESTED

Matthew Gus Gallins, Registered Agent
Gallins Family Farm, Inc.
5205 Huntscroft Court
Winston-Salem, NC 27106

SUBJECT: Notice of Deficiency
Compliance Inspection Report
Gallins Family Farm Compost Facility
3005-Compost
Davie County

Dear Mr. Gallins:

On February 23, 2017, Kim Sue, 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. Peter Gallins was present and
represented Gallins Family Farm Compost Facility during this inspection. The following violations
were noted:

A. 15A NCAC 13B .0203(d) states, “By receiving solid waste at a permitted facility, the
permittee(s) shall be considered to have accepted the conditions of the permit and
shall comply with the conditions of the permit.” General Permit Condition Number 5
of Permit to Operate 3005-Compost states: “This permit is issued based on the
documents submitted in support of the application for permitting the facility
identified in Attachment 1, “List of Documents for Approved Plan,” which constitutes
the approved plan for the facility. Where discrepancies exist, the most recent
Gallins Family Farm, Inc.
Notice of Deficiency
Page 2 of 3
March 31, 2017

submittals and the Conditions of Permit shall govern.” Item 10 of Attachment 3 of the
“Permit to Operate” dated September 29, 2015 (DIN 22583) states: “The facility must
be operated in a manner that reduces the potential for vector attraction.”

Gallins Family Farm, Inc. is in violation of 15A NCAC 13B .0203(d) as a result of failing to
reduce the potential for vector attraction. During the inspection vectors were observed
consisting of birds attracted to the active windrows.

B. 15A North Carolina Administrative Code 13B .0203(d) states: “By receiving solid
waste at a permitted facility, the permittee(s) shall be considered to have accepted
the conditions of the permit and shall comply with the conditions of the permit.”
General Permit Condition Number 4 of Permit to Operate 3005-Compost states:
“Operation of this solid waste management facility must be in accordance with the
Solid Waste Management Rules, 15A NCAC 13B, Article 9 of Chapter 130A of the
North Carolina General Statues (NCGS 13A-290, et seq.), the conditions contained in
this permit, and the approved plan. Should the approved plan and the rules conflict,
the Solid Waste Management Rules shall take precedence unless specifically
addressed by permit condition. Failure to comply may result in compliance action or
permit revocation”. The approved Gallins Family Farm Compost Facility application
for a permit to operate a proposed small type 3 solid waste compost facility dated
September 4, 2015 (Attachment 1, DIN 22584), Odor Management Plan, Page 10 &
11 states in part: “Windrow Building” “Windrows will be covered with wood chips,
finished compost, or sawdust to temporarily control odors. Windrows under roof
will be covered with carbon type material after initial mixing and windrow
building.”. Windrow Composting” “If needed, apply finished compost over the
crown to reduce odors”.

Gallins Family Farm, Inc. is in violation of 15A NCAC 13B .0203(d) as a result of failing to
manage odor by covering windrows under roof with carbonaceous material. During the
inspection the active windrows under roof were not covered with wood chips, finished
compost, or sawdust, and did not have an application of finished compost over the
crown to reduce odors.

The above violations may have or can compromise the facility’s ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
in order to maintain compliance with 15A NCAC 13B. In order to resolve these issues, Gallins
Family Farm must take the following actions:

1. Immediately take any action(s) necessary to reduce the potential for vector attraction.
2. Within 14 days of receipt of this Notice, provide a detailed report summarizing any
actions taken in reducing vector attraction.
Gallins Family Farm, Inc.
Notice of Deficiency
Page 3 of 3
March 31, 2017

3. Immediately take any action(s) necessary to ensure any odor generated by this facility
is minimized before leaving the property boundary.

This report should be submitted to:

Tony Gallagher, Branch Head
Composting and Land Application
Solid Waste Section
1646 Mail Service Center
Raleigh, NC 27699-1646
[e-mail]

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 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 Deficiency.

If you have any questions, please contact me at 704-235-2163 or e-mail [e-mail].

Sincerely,

Kim Sue
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Ellen Lorscheider, Section Chief – Solid Waste Section
Jason Watkins, Field Operations Branch Head – Solid Waste Section
Tony Gallagher, Composting and Land Application Branch Head
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
John K. Eller, IV, Davie County Manager