V'dhec CERTIFIED MAIL ELECTRONIC MAIL Article Number 9214 8969 0099 9790 1409 8878 00 October 18, 2017 Mr. Marty Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston, SC 29422-2879 RE: Violations and Final Demand Letter Administrative Order VIVA Recycling of South Carolina, LLC (Facility) Dear Mr. Sergi: On September 29, 2017, the South Carolina Department of Health and Environmental Control or ?the Department?) inspected VIVA Recycling of South Carolina, LLC Moncks Corner? or ?Facility?) and con?rmed that VIVA Moncks Corner is not in compliance with Administrative Order 17-20-SW (?Order?) (Exhibit A). The Order was mailed to you, via Certi?ed Mail, on August 30, 2017, and was delivered to you September 12, 2017 (Certified Mail Delivery Con?rmation, Exhibit B). The Order, which is effective ?fteen days a?er mailing, therefore, became effective on September 14, 2017. On page 15 of the Order, the following requirements were imposed: 1. Within ?ve (5) days of the effective date of the Order, post closure signs at the Facility. Signs were initially due to be posted by September 19, 2017, but an extension was given until October 10, 2017, per the Department's letter to you dated October 6,2017 (Exhibit 2. Within ?ve (5) days of the effective date of the Order, VIVA Moncks Corner shall obtain a third-party company to provide mosquito control and start control measures. This requirement was due on September 19, 2017, but was extended to October 10, 2017, per the Department's letter to you dated October 6, 2017; 3. Within thirty (30) days of the effective date of the Order, submit a Closure Plan. Per the Order?s e??ective date of September 14, 2017, the Closure Plan was due to the Department by October 14, 2017; and, 4. Within thirty (30) days of the e??ec?ve date of the Order, September 14, 2017, pay a civil penalty in the amount of ?fty-two thousand, ?ve hundred dollars under the Settlement Agreement and Consent Order of Dismissal (Docket No. CC). Per the Order?s e?'ective date of September 14, 2017, the payment was due to the Department by October 14, 2017. 2600 Bull Street. Columbia. SC 29201 (803) 898-3432 SCDI-IEC Letter October 18, 2017 VIVA Recycling of South Carolina, LLC Page 2 of 2 As of 5:00 PM on Monday, October 16, 2017, VIVA Moncks Corner has failed to complete requirements 2, 3, and 4 above and is therefore in violation of the Order. The Order states on page 17: IS FURTHER ORDERED that a civil penalty in the amount of one million, six hundred forty-seven thousand, three hundred seventy-two dollars ,647,372.00) is hereby assessed against VIVA Moncks Corner for the violations cited herein; however, the civil penalty shall be suSpended pending compliance with the requirements of this Order. If VIVA Moncks Corner fails to comply with any terms of this Order, the full penalty shall immediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty." (Emphasis added). Since VIVA Moncks Corner has failed to meet the requirements of the Order, this letter serves as the Department?s demand that the suspended civil penalty is due and payable upon issuance of this demand letter. The Department requires that VIVA Moncks Corner make payment in full of this penalty by close of business on Monday, October 23, 2017. In addition, the Department demands compliance with all other requirements in the Order by October 23, 2017. However, should VIVA Moncks Corner fail to comply with any of the demands of this letter and/or the requirements under the Order, the Department reserves the right to pursue all options to compel compliance with the Order to include demanding payment of all penalties under the Order and taking legal action for enforcement of the Order. If you have an},r questions concerning this letter or Administrative Order 17-20-SW, please do not hesitate to contact me. I may be reached at (803) 898-3371. Sincerely, mama? Etta R. Williams Linen, Esq. Assistant General Counsel Of?ce of General Counsel SC Department of Health and Environmental Control 3 Exhibits ec: Ms. Christine Stanford-Coker, Area Director, Lowcounu'y EA Charleston Area, BEHS Mr. Van Keisler, P.G., Director, Compliance and Enforcement, BLW Ms. Joan Litton, Director, Mining and Solid Waste Management, BLWM E'dhec CERTIFIED MAIL ELECTRONIC MAIL Article Number 9214 8969 0099 9790 1409 8878 00 October 18, 2017 Mr. Marty Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston, SC 29422-2879 RE: Violations and Final Demand Letter Administrative Order 17-20-SW VIVA Recycling of South Carolina, LLC (Facility) Dear Mr. Sergi: On September 29, 2017, the South Carolina Department of Health and Environmental Control or ?the Department?) inspected VIVA Recycling of South Carolina, LLC Moncks Comer? or ?Facility?) and con?rmed that VIVA Moncks Corner is not in compliance with Administrative Order 17-20-SW (?Order?) (Exhibit A). The Order was mailed to you, via Certi?ed Mail, on August 30, 2017, and was delivered to you September 12, 2017 (Certz?ed Mail Delivery Con?rmation, Exhibit B). The Order, which is effective ?fteen days after mailing, therefore, became effective on September 14, 2017. On page 15 of the Order, the following requirements were imposed: 1. Within ?ve (5) days of the e??ective date of the Order, post closure signs at the Facility. Signs were initially due to be posted by September 19, 2017, but an extension was given until October 10, 2017, per the Department's letter to you dated October 6, 2017 (Exhibit 2. Within ?ve (5) days of the effective date of the Order, VIVA Moncks Corner shall obtain a third-party company to provide mosquito control and start control measures. This requirement was due on September 19, 2017, but was extended to October 10, 2017, per the Department's letter to you dated October 6, 2017; 3. Within thirty (30) days of the effective date of the Order, submit a Closure Plan. Per the Order?s e??ective date of September 14, 2017, the Closure Plan was due to the Department by October 14, 2017; and, 4. Within thirty (30) days of the e??ective date of the Order, September 14, 2017, pay a civil penalty in the amount of ?fty-two thousand, ?ve hundred dollars under the Settlement Agreement and Consent Order of Dismissal (Docket No. 16-ALJ-07-0062- CC). Per the Order?s effective date of September 14, 2017, the payment was due to the Department by October 14, 2017. 2600 Bull Street. Columbia. SC 29201 {803) 898-3432 SCDHEC Letter October 18, 2017 VIVA Recycling of South Carolina, LLC Page 2 of 2 As of 5:00 PM on Monday, October 16, 2017, VIVA Moncks Corner has failed to complete requirements 2, 3, and 4 above and is therefore in violation of the Order. The Order states on page 17: IS FURTHER ORDERED that a. civil penalty in the amount of one million, six hundred forty-seven thousand, three hundred seventy-two dollars is hereby assessed against VIVA Moncks Comer for the violations cited herein; however, the civil penalty shall be suspended pending compliance with the requirements of this Order. If VIVA Moncks Corner fails to comply with any terms of this Order, the full penalty shall immediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty." (Emphasis added). Since VIVA Moncks Corner has failed to meet the requirements of the Order, this letter serves as the Department?s demand that the suspended civil penalty is due and payable upon issuance of this demand letter. The Department requires that VIVA Moncks Corner make payment in full of this penalty by close of business on Monday, October 23, 2017. In addition, the Department demands compliance with all other requirements in the Order by October 23, 2017. However, should VIVA Moncks Corner fail to comply with any of the demands of this letter and/or the requirements under the Order, the Department reserves the right to pursue all Options to compel compliance with the Order to include demanding payment of all penalties under the Order and taking legal action for enforcement of the Order. If you have any questions concerning this letter or Administrative Order 17-20-SW, please do not hesitate to contact me. I may be reached at (803) 898-3371. Sincerely, 7? . mm its .. Etta R. Williams Linen, Esq. Assistant General Counsel Of?ce of General Counsel SC Department of Health and Environmental Control 3 Exhibits ec: Ms. Christine Stanford-Coker, Area Director, Lowcountry EA Charleston Area, BBHS Mr. Van Keisler, P.G., Director, Compliance and Enforcement, BLWM Ms. Joan Litton, Director, Mining and Solid Waste Management, BLWM Exhibit A Administrative Order Von-lee Reality People Healtly August 30, 2017 Mr. Marti Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston. SC 29422-2879 RE: Administrative Order 17-20-SW VIVA Recycling of Scull-I Carolina. LLC Permit Number 082728-5201 Dear Mr. Sergi: Enclosed is the Administrative Order 17-20-SW. which is being Issued for violations of the South Carolina Solid Waste Policy and Management Act of 1991 (Act) (Rev. 2002 and Supp. 2016) and associated reguiations, Consent Order 15-05-SW. and Settlement Agreement and Consent Order of Dismissal (Docket No. Please review the order carefully and comply with its requirements. as stated within. Also, if you choose to appeal the Order. please carefully follow the necessary steps. as outlined in the attached Guide to Board Review. This correspondence is being sent to you by ?rst class mail and certi?ed mail to better ensure delivery. If you have questions regarding the order please call the writer at (803) 898-0478. if you have questions regarding an appeal. please call the Clerk of the Board at (803) 898-3309. Emmi ?771.24 at Robert S. McDaniel Ii. Manager. Enforcement Section Division of Compliance and Enforcement Bureau of Land and Waste Management Enclosures cc: Ms. Etta Linen. SCDHEC. Of?ce of General Counsel Ms. Christine Stanford-Coker, Area Director. Lcwcountry EA Charlatcn Area. BEHS Mr. Van Keisler. P.G., Director. Compliance and Enforcement, BLWM SC. Departs-neat of Health and Environmental Cor-tool 2600 Bull Street. Columbia. SC 2920i (8031 398 31:32 South Carolina Board of Health and Environmental Conn-cl Guide to Board Review Pursuant In S.C. Code Ann. 44-1-60 The decision ofthe South Carolina Department of Health and Environmental Control (Deparonent)baean1es the fare! agency decision ??een (15) calendar days altar notice of the decision has been mailed to the applicant, licensee and a?'eeted persons who have requested in writing to be noti?ed, unless a writtmrequect ?nal review accompanied by a ?ling fee in the amount ofSlOO is ?led with Delusion-em by the applicant. permittee, licensee or adhered person. Applicants, pct-mittens, licensees, and affected parties are encouraged to engage in mediation or settlement discussions during the ?nal review process. the ?nalagencydecieion and an applicant, permittee, licensee, cram-cred personmayreqoests contested case hearing beforethe Adndnistruivelaw Court within thirty (30) cola-alar- days after notice is mailed that the Board declined to hold a ?nal review contra-met: In matters pertaining to decisions under the South Carolina Mining Act. appeals should be made to the South Carolina Mining Council. 1. Filing of Request for Fhlal Review l. A written Request for Final Review (RFR) and the required ?ling the of one hundred dollats {3100) must be received by Clerkofthoanrdwithin??een pemittec, licensee. or af?icted persons. Iftbe 15'" day accrue on a holiday. the RFR must he received by the Clerk on the nest day. will notbc accepted after 5:00 pm. 2. MRS shall he in writing and should include, at a minimmn, the information: estaterneotofany should considerin deciding howtohandl?lhematter; dtercliefreqaened: a copy of the decision for which review is requested; and mailing address, email address. il'applieable. and phone numberts) at which the requester can be contacted. 3. South Carolina Board of Health and Control Clerk of the Board 2600 Bull Street Columbia, South Carolina 2920! Alternatively. may be ?led with the Clerk by facsimile or by electrosic mail 4. ls?day. 5. if there is any perceived discrepancy in compliance with this RFR ?ling the Clerk should emudt with the Chairmanor, iftheChainnanis unavailahlq?teVice-Chaitman. The Chairmanortthicc?Chahrnan willdeterminc (?process the RFRihrconSitletIiiun bytho'Bolrtlor (2) return theRPRand ?lingfee totho why filed. Processing an RFR for consideration by the Board shall not be insulated as a waiter of any claim orde?mse by the agency in subsequent concerning the RFR. 6. Ifthe the applicant, penalties, or licensee, if other than the Requester. All personal and ?nancial identifying information will be redacted hen: the and accompanying documentation before the RFR is released to the Board, Deparnnent staff or the public. 7. order, copyoi?theRFRtoallBoard members. The Chaim aria hisorha'absuwedteViee-Chainnan 1f the ChairmanorVicc-Chairman dctennhtesreviewby theRFRCommittee is forward acopyof the EFF. to Department sta?'and O?ice Counsel. A Department Committee reviewed]! be provided on an expedited schedule de?ned by the Chairman or Vice-Chairman. 8. working days- Upon rweipt of the Department Response, the Clerk will forward the RFR and Departrmat Response to all Board mamhe?sforreview. andall lfaBoard hourperiod,theCledrwill eonmcl?teBoardnm?er and con?rm receipt. if a Board member believes the RFR should be considered by the RFR Committee. he or she will 1 Rev 2, 10. IfooBoatdmemberrequests tothe N013: a woolendor?ateho?day. themselsautam?cclb' mendedtob'w? II. Final Review Conference Scheduling l. 2. 3. 4. Mdukwi?smdNo?ceofFiml daysbefore?lcConl?emnee. The Conference datcandtimeofthe Continence; state evidence maybepreseated at the Conference; informthe Requestorol'his other right homes? transcriptof?te proceedings ofthe Conference preparedat Requesmt?sexpeoee. including HoolRevlewConfemeeandDeel?on I. wsew w? 9. order of presentatitm in the Conference will. subject to the presiding of?cer?s discre?on, be as follows: I Department staffm'll provident: overviewof?lc law toineludo [10 minutes: Type ofdecision (permit. enforcement, etc.) and description of the program. Patties Desmip?onof?c?itylsite I modl??ng. armedodlng the ?uff decision. [15 minutes] N073: The bro-den qumofir on the Requ?tor?') I I Rebu?albyRequmsnan?m] ReviewCon?uence or by the presiding o?icer. (hiring the conference; donut apply. in?rmtlonandmay 'l'hewritten areprovidedtotheCluit. The above information is provided as a courtesy; parties are respons?rle for complying with all applicable legal requirements. 2 Rev 2, 05/08/2014 .- IN THE STATE OF SOUTH CAROLINA BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DEPARTMENT) IN RE: VIVA RECYCLING OF SOUTH CAROLINA, LLC PERMIT NUMBER 082728-5201 (PERMIT) BERKELEY COUNTY ADWNISTRATIVE ORDER This Administrative Order (Order) is issued by the South Carolina Department of Health and Environmental Control (the "Department? or for violations of the South Carolina Solid Waste Policy and Management Act of 1991 (Act) (Rev. 2002 and Supp. 2016) ml associated regulations, Consent Order 15-05-SW, and Settlement Agreement and Consent Order of Dismissal (Docket No. FINDINGS OF FACT Permit and Conditions: 1. VIVA Recycling of South Carolina, LLC (VIVA Moncks Corner) opeiates :1 Waste Tire Processing Facility located at located at 111 Old Depot Road, Moneks Comer. South Carolina (the ?Facility" or "Site"). The Facility is owned by VIVA Recycling of South Carolina, LLC, which holds the Permit for the Site (the "Pennitbee" and "Preperty Owner"). VIVA Moneks Comer operates 111: Facility under the South Carolina Solid Waste Policy and Managcmem Act of 1991, SC. Code Ann. ?44?96-10 e_t (Rev 2002 and Supp. 2016) [the "Statute" or and 8 S.C. Code Regs. 61-1073 (2015), Solid Waste Management: Waste Tires and DI-IEC Permit No. 082728-520] (the ?Permit??, which was issued to VIVA Moncks Corner by the Deparmlent on April 23, 2013. The Permit documented the transfer of oumemhip ?'om Rubber Recovery to VIVA Recycling of South Carolina, LLC. It also included a Permit modi?cation that Page 1 of 18 included an increase in waste tire storage limits (?om 307 tons to 1,188 tons), anupdated operational plan, the addition of new equipment, and a new site drawing. Speeial Conditions of the Permit state: 1) "The Pennittee shall adhere to the approved de?gn plans, speci?cations, and operating plans dated June 9, 1998; September 1, 2002; February 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2013) unless Permit conditions state otherwise." and 2) ?Waste tires at this facilityshallbe orintrailers. Designatedstorage areas are shown on the approved drawing (revised on February 22, 2013), and a 50-foot bu??er must be maintained around the entire tire pile. The total storage limit for waste tires at this facility shall not: exceed 1,188 tons, or 99,000 passenger tire equivalents (PTE). If at any point this limit is reached, the Facility shall cease acceptance of waste tires.? In addition, the approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 22, 2013) specify in approved drawing that waste tire storage areas are as follows: 15 ?ll! trailers, a 50'x100'x15? waste tire storage pile, and a second 505t100'x15' waste tire storage pile. Compliance and Enforcement History Prior to the Issuance of the Settlement Agreement and Order of Dismissal from the Administrative Law Court on April 17, 2017: 3. On June 17, 2015, the Department and VIVA Moneks Corner entered into Consent Order 15-05-SW (attached) to resolve Permit and ragulatory violations 'noted in ?ve (5) Department inspections ?-orn August 27., 2014 through November 20, 2014; and, that ordered VIVA Moneks Corner to meet the following requirements: a. Withinninety(90)daysofthe executiondateoftheOrder: rernoveallwastetires feet in accordance with the Permit; and, obtain and maintain 50-foot ?re lanes Page20f18 b. By December 31, 2015, remove the pile of miscellaneous tire waste/debris, soil, and whole tires located in areas that were marked for empty nailersl?nished chip pile for stock per the approved drawing dated April 29, 2013. c. Within thirty (30) days of the execution date of the Order, pay the ?rst installment payment of a civil penalty in the amount of twelve thousand dollars for the violations cited in the Order. Thereafter, pay the installment payments in the amount of one thousand dollars to the Department on the ?rst business day of the month in accordance with a promissory note. On September 28, 2015, Deparhnent staff conducted a routine compliance inspection at the Facility and observed and recorded that the etc limi were rated nacc 1e serious blem or re with no corrective action taken}; and that there were tires in the ?re lane along the fence. A copy of the impaction report was given to a Facility representative. On October 13, 2015, Department staff conducted a routine compliance inapection at the Facility and observed and recorded that the size limits were rated table '0 5 and/or recu Department sta?? noted on the inspection form that all ?res should be removed from the ?re lane. A copy of the inspection report was given to a Facility representative. On October 27,2015 Depmtment staff conducted a routine compliance inspection at the Facility and observed and recorded that the size of mg m'les and the mainmwce of mob Imps with no Emotive ?og taken}. A copy of the inspection repert was given to a Facility representative. On November 10, 2015 Department staff conducted a routine compliance inspection at the Facility and observed and recorded that the size of mg 12 deg Ed the mmntenance of withno 've some tires on the ground outside ofthe fence. Department staffrecorded on the Page 3 of 18 10. ll. 12. inspection formthat alltires shouldberemoved from the ?re lane and ?ora outsideof?ae fence. A copy of the inspection report was given to a Facility representative. On November 23 2015. Department staff conducted a routine compliance inspection at the Faeility and obeewod and recorded that Facility representative. On December 9, 2015, Department staff conducted a routine compliance inspection atthe Facility and observed and recorded that 1 'th sta??recorded on the inspection form that tire piles were still out of compliance from the approved plan. A copy of the inspection report was given to a Facility repmentative. On December 21, 2015, Departrnent staff conducted a routine compliance inspection at the Facility and observed and recorded that On January 4, 2016, Department staff conducted a routine compliance inspection at the co acti storageareasweremeasm'ed anddocumented.A copy ofthe inspection reportwasgiven On January 11, 2016, the Department insured a Demand Letter requiring VIVA Recycling of South Carolina, LLC to cease accepting waste tines for processing. Page4 of13 chem?m . 13January 13, 2016, the Department received a request for the DI-IEC Board to conduct a Final Review Conference On February 5, 2016, the DI-IBC Board deniedthe request and the directive that VIVA Moneks Corner cease accepting waste tires became ?nal. On March 3, 2016, VIVA Moncks Corner ?led a Request for Contested Case Hearing before the Administrative Law Court (ALC), appealing the DI-IEC Board's On July 27, 2016, Department sta?' We! the Facility and observed and recorded that limits were rated Immeptable (serious problgs audio: recurring problems with no corrective acg'on taken]. Departmem stat? recorded that the waste tire storage areas mere measured and docinnented. A copy of the inspection report was given to a Facility representative. Based on the measurements oi the tire stogge meg thatth Facili hadan 289 91? site. This Fermi i an ted 190 939 PTBs. Subsequent inspections were conducted by Department staff on August 17, 2016, August 26, 2016, and September 15, 2016, and the following was observed and recorded during the inSpe'ction; the 312' of tire [jig the gm of ?re lanes, and the mainm of storage limits marble (serious problems andfor recurring blems 'th no corrective tion taken . On September 22 and 23,. 2016, the ALC held a hearing on the case, Docket No. 16-AU- 0n Septernber 28, 2016, Department staff inspected the Facility and obsewed and whims with no corrective action m1. On October 10, 2016, the Deparlment staff inspected the Facility and observed and recordedthatthe ggof?m?gg? of Emblems with no corrective action M1. In addition, Departrr1ent stn?? observed and Pages of 18 21. recorded that the Facility was shut down due to an arson investigation into a fire that damaged some processing equipment. On October 20, 2016, the Department sta?? inspected the Facility and observed and mblems wig got-gave action Facility repmsentative (Nick Bruno) stated thattbeFacilityhadnoelech'ical Subsequent inmections conducted by Department staff on November 14,2016, November 30, 2016, December 7, 2016, and December 22, 2016, observed and recorded W- On the December inspections, Deparnznent sm?? additionally noted that the Facility was not removing 75% of the inventory per year as required by Regulation 61-1073, Part IV Section A4. This was rated as unacceptable. The Facility had no electrical service, withtheexceplion ofthe of?cearea, whichhadpower.1twas also observede recordedthat sidewalls had been out for saleandwere being stored at the Facility. Subsequent inspections conducted by Department sta?' on January 9,2017, January 27, 2017, February 14,2017, February 23, 2017,.and March7, 2017, observed andmcorded (serious pLob [m mag Emblems wig no corrective acg'on takg?}. Facility had no electrical service for the processing. On March 29, 2017, the Department staffinspected the Facility and observed and recordedtbatthe On April 4, 2017, the Department sta??inspected the Facility and observed and recorded that the Facility was closed; however, Inspectors observed and recorded that waste tires Page6of18 26. 2'7. unsecmed area of the Site. OnApril 2017, the Departmentsta?'inspectedthe Facility and observed and recorded that the m? gt tire ?les, the wing: of ?re long, the mainmanee 9f stoma l' 759?of'v to salef ern vehicles iverhed a or waste iles were rated le problems angler recurring plying; wim no correctigg actign MI. The Facility was openandrepresentatives ofVNAMoncks Comer statedthattherehadbeenatheftof copper wiring and motors horn equipment. Inspectors also observed and recorded that the Facility was without power and was not processing any waste tires, and that waste tires that had been observed previously remained on the ground behind parked trailers in an unsecured area on Site. On April 17, 2017, the Department and VIVA Moncks Corner entered into a Settlement Agreement and Consent Order of Dismissal (Docket No. (attached) to resolve matters relating to the case under speci?c terms and conditions ("Ag-cement? or "Consent Order of Dismissal"). The Administrative Law Court (ALC) ?led the Order on April 17, 2017. ng?nued Violations: 28. 29. Pursuant to provision 2, on page 2 of the attached Consent Order of Dismissal, VIVA Moneks Corner failed to submit payment of a civil penalty in the amount of ?ve thousand dollars required under the Agieement. The payment was due on or before May 2, 2017. On May 8, 2017, the Department issued ademand letter, via certi?ed mail and e-mail to WA Moncks Corner, for payment of the ?ve thousand dollar civil penalty and demanded payment of the stipulated penalty under the Order in the amount of forty- seven thousand, ?ve hundred dollars because pursuant to provision 3, on pageB ofthe Consent OrderofDisrnissal, deteamined that VIVA, dueto non- payment of the civil penalty, was in ?material non-oompliance" with the Consent Order of Dinnissal. The letter directed WA to pay a combined civil penalty and stipulated Page 7 oflS ..-. . . 30. 32. 33. penalty in the amount of ?fty-two thousand, ?ve hundred dollars within thirty (30) days ofreceiptofthedemandletter, Reoeiptoftheemailwas veri?edby telephone call (McDaniel to Sergi) on May 8, 2017. Based upon this con?rmation of receipt, the due date for payment was June 8, 2017. Subsequent inspections conducted by Department sta?' on April 18, 2017, May 5, 2017, and M8316 2017 observed and recorded mm It was also observed and recorded that the Facility was not Operating and had no electrical service for the processing equipment. Facility representatives stated that seven (7) trailers ofpassenger?res were shipped to the VIVA Recycling facility in Iacbonville, Florida for processing dming this period. On June 8, 2017, VIVA Monoks Corner failed to pay the ?fty-two thousand, ?ve hundred dollars combined civil penalty as required under the Department's letter of May 8, 2017 and as speci?ed underthe Consent Order of Dismissal. On June 12, 2017, VIVA Moncks Corner failed to submit a certi?ed check to the Department in the amount of two hundred ?fteen thousand dollars for byprovision#4onpage3 of the Consent Order of Dismissal On June 21, 2017, the Department staff inspected the Facility and observed and recorded observed and recorded that the Facility was closed, locked and unattended. Two Berkeley County Permits were posted on the door (one for electrical, the other for temporary use); but each had expired. Department sta?' noted that the condition of the PageBoflS Facility was relatively the same for the past year. Mosquitoes were present in the trailer parking area and presented a signi?cant problem. 34. As of the writing of this NOAV, there is no evidence that VIVA has attempted to comply with the Order, which states that Moncks Corner agrees to complete removal and processing ofwastetire and partial shreds to lessthan 81,000 PTEs atthe Facility.? 35. On June 29, 2017, the Deparmieut sent the Notice of Alleged Violation and Notice of Enforcement and Permit Revocation Coriference to VIVA Moneks Comer by certi?ed mail. which was received on July 3, 2017- The notice provided the Permittee an opportunity to show compliance with all law?il requirements for retention of the Permit. 36. On July 20, 2017, the Department conducted the Enforcement and Permit Revocation Conference Mr. Marty Sergi repreSented VIVA Corner. APPLICABLE LAW STA TE: South Carolina Solid Waste Policy and Management Act of 1991, S.C. Code Ann. ?44-96- 10 gt 599; (Rev 2002 and Supp. 2016): SC. Code Ann. ?44?96-100 provides "Violations of certain regulations; issuanne of order for compliance or civil action for injunctive relief; willful violations; penalty; additional powers and duties of department. (A) Whenever the department detennines that a person is in violation of a regulation promulgated pursuant to this article regardiDg Sections 44-96-1 600i) (Used Oil), 44-96-1703!) (Waste Tires), or (Yard trash, compost), the department may issue an order requiring the person to comply with the regulation or the department may bring civil action for injunc?ve relief in the appropriate court or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections Page9of18 44-96-1608), 44-96-1 or After exhaustion of administrative remedies, a person against whom acivil penalty is invoked by the depmhnentmay appeal the decision ofthe pleas, Procedures Act." 8.0. Code Ann. 44-96-260 (2) provides, "the Department is authorized to: (2) issue, deny, revoke, or modify Permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities?? S.C. Code Ann. provides, Permit issued pursuant to this article shall contain such conditions or requirements as are necessary to comply with the requirements of this article and theregula?ons the environment. Permits issued under this section shall be c??ective for the design and operational life of the facility, to be detamined by the department, subject to the provisions of this article. However, at least once every ?ve years, the dqaartment shall review the environmemnlcompliancehistory category of Permits shall be established by the department by regula?on. It; upon review, the department ?nds that material or substantial violations of the Permit demonstrate the Permittce's disregard for or inability to comply with applicable laws, regulations, or requirements and would environment, the department may, after a. hearing, amend or revoke the Permit, as appropriate and necessary. When a Permit is reviewed, the department shall include additional limitations, standards, or conditions when the techm?cal limitations, standards, or regulations on which the original Pemitwasbasedhavebeenchanged by stanne orameaded by regulation." S.C. heunlaw?rl foranypersontofailtoeomply with the Act and any regulations promulgated pursuant to the Act, or to fail to comply with any Commissioner, or Department.? 8.0. Code Ann. 44-96-450 provides, ?Whenever the Department ?nds a person is in violation ofa Permit, regulation, standard, orrequirement an Page 10 of18 order requiring the person to comply with the Permit, regulation, standard, or requirement. . .the Department may also impose reasonable civil penalties established by regulation not to exceed ten thousand dollars for each day of Each day of noncompliance with an order issued pursuant to this section or noncompliance with a Permit, regulation. standard, or requirement established under this article" REGULATIOE: 8 8.0. Code Regs. til-107.3 (2015), Solid Waste Management: Waste Tires: Part 11]. Waste Tire Collection Facility Requiremenk, Section D. Operating Criteria: 1. waste tire pile or processed tire pile shall have no greater than the following maximum dimensions: Width: ?fty {50) feet; 13.. Area: ten thousand (10,000) square feet; and, c. Height: ?fteen (15) feet." 2. ?re lane (50) feet wide shall be placed around the perimeter of each waste tire pile. Access to the ?re lane for emergency vehicles must be mohair-noted at all times." 3. "The owner or Operator of a waste tire facility shall control mosquitoes and rodents to protect public health and welfare. The owner or operator shall implement such mosquito control measures or other pest control meastu'es as may be required by the Department and/or local mosquito control program. Records shall be kept of all mosquito control activities and/or preventive measures and shall be made available upon request.? Part IV. Waste Tire Processing Facility Requirements, Section A. General Requirements for Waste Tire Processing Facilities: 2. ?All waste tire processing facilities shall be operated in accordance with this regulation. 3. waste tire processing facility shall not accept any waste tires for processing in excess ofitsPemiitted storagelimiL Eachwaste?re orprocessed ?restoredinexcessofthe Permitted storage limit may be considered a separate violation of this regulation." 4. "At least seventy-?ve (75) percent of the waste ?res and processed tires that are both stored at the facility at the start of a calendar year, and are delivered to the facility during Page 11 of18 the year, shall be processed and removed from the facility during the calendar year." 5. design,and operational standards of this regulation unless otherwise exempted or approved by the Department." Section B. Location, Design and Operating Criteria: 1. ?All waste tire processing facilities shall comply with ?re location and design criteria of Part 111.0 of this regulation." 2. "All waste tire processing facilities shall comply with the operating criteria of Part [11.1) of this regulation, unless otherwise exempted or approved by the Department," Waste Tire Processing Permit #082728-5201 as modi?ed on April 29, 2013: A. Special Conditions: 1. speci?cations, andoperating plans dated June 9,1998; September 1, 2002; February 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2013) unless Permit conditions state otherwise." 2. "Wastetiresat?risfecility shallbe stored eitheronthegronnd inatirepile orirrtrailers. Designate storage areas are show on the approved drawing (received February 22, 2013), and a 50-foot buffer must be maintained around the entire tire pile. The total storage limitforwaste?res atthis?rcilityahall notarceed 1,188 tons, or99,000 shall cease acceptance of waste tires." 13. Approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 22, 2013): 1. Approved drawing (revised February 22, 2013) denotes waste tire storage areas as follows: 15 ?rll trailers, a 505: lOO'xlS' waste tire storage pile, and a second 50'xlOO'x15' waste tire storage pile. Page 12 of 18 Settlement Agreement and Consent Order of Dismissal (Docket N0. is attached hereto and incorporated by reference. 0F MW: Solid Waste Managetnent: Waste Tires Regulation 61407.3, Section A. General Requirements for Waste Tire Processing Facilities, in that VIVA Moneks Corner: 1. Per Findings ofFact 3, 4, 5, 6, 8, 9,10, l4,15,17,18, 19, 20, 21, 24, 28, and 31, failed to comply with the requirement that "All waste tire processing facilities shall be operated in accordance with this regulation. 2. Per Findings ofFact 1024, 28, and 31, failed to comply with the requirement that waste tire processing facility shall not accept any waste tires for processing in excess of its Permitted storage limit. 3. Per Findings ofFact. 21, 24, 28, and 31 failed to comply with the requirement that ?At least seventy-?ve (75) percent of the waste tires and processed tires that are both stored at thefacilitl.r atthestartofacalendaryear, and aredeliveredtothe facility duringthe year, shall be processed and removed hen: the facility during the calendar year." 4. Per Findings of Fact 10, 14, 15, 17, 18, 19, 20, 21, 24, 28, and 31, failed to with the requirement that "All waste the processing facilities shall comply with the location, design, and operational standards of this regulation unless otherwise exempted or approved by the Department." Waste Tire Processing Permit 082728-5201, Special Conditions, in that VIVA Moneks Corner: 1. Per Findings ofFact 3, 4, 5, 6, 7, 8, 9,10,14,15,l7,18,19, 20, 21, 24, 28, and failed to comply with Special Condition Number 1 of the Permit that states: ?The Per-mince shall adhere to the approved design plans, speci?cations, and operating plans dated June Page 13 of18 9,1998; September 1, 2002; February 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2613) unless Permit conditions state otherwise" Per Findings ofFaet 3, 4, 5, 6, 8, 9,10,14, 15,17,18, I9, 20, 21, 24, 28, and 31, failed to comply with Special Condition Number2 oftbe Permitthatstates: ?Waste tires'atthis facility shallbe stored either-entire gomdinatirepileorinnailers. Designate storage areas are showa on the approved drawing (raceived February 22, 2013), and a 50-foot buffer The total storage limilforwaste tires at this facility shall not exwed 1,188. tons, or 99,000 passenger tire equivalents (PTE). ?ue?icilityshall ceaseacceptanceofwaste tires.? Per Findings of Fact IO, 14, 15, 17, 18, 19, 20, 21, 24, 28, and 31, tailed to comply with Approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 22, 2013) that states: "Approved drawing (revised February 22, 2013) denotes waste ?re storage areas as follows: 15 ?Jll trailers, a wastetire storage pile, and a second 505:100'x15? waste tire storage pile." Settlement Agreement and Consent Order of Dismissal (Docket No. speci?c terms and conditions, in that VIVA Moncks Corner: 1. PerFindings 2. Per Finding of Fact 30, failed submit the required temporary ?nancial assurance for the Facility. Page 14 of18 Based on the above ?ndings, it is clear that VIVA Monoks Comer has committed numerous and corninunus violations since chairing its wast: tire Permit in 2013. The no?wd violations are material and substantial. The concludes that VIVA Monoks Corner has violated the South Carolina Solid Waste Policy and Management Act of 1991, S.C. Code Ann. {54-4-9640 E, (Rev 2002 and Supp. 2016); 8 3.0. Code Regs. 61-1073 (2015), Solid Waste Management Waste Tires; Permit Number 082728-5201; Consent Order and, Settlement Agreement and Consent Order of Dismissal (Docket No. The Department ?irther concludes that the material and substantial violations that VIVA Mencks Comer has committed demonstrate its disregard for and inability to comply with applicable laws, regulations. or Permit conditions, As such, the Departrhent concludes that continuation of the Permit is not in the best interests of human health and safety or the environment and that revocation of the Permit is ?merited. NOW, THEREFORE IT IS ORDERED pursuant to the South Carol?ma Solid Waste Policy and Management Act of 1991 (Rev. 2002) that Permit Number 082728?5201 is hereby revoked. IT IS FURTHER ORDERED pursuant to the South Carolina Solid Waste Policy and Management Act of 1991 (Rev. 2002) and Regulation 61-1073 (rev. 2015) that: 1. Upon the e??ective date of the Order, the Department shall remove VIVA Mencks Corner than the Waste 'I'ire Rebate List; 2. Upon the e??ective date of the Drder, VIVA Mencks Comer shall immediately cease all waste tire collection and processing operations at the Facility and begin closm?e of the Facility as follows: a. Within ?ve (5) days of the effective date of the Order, post clustne signs at the Facility; b. Within thirty (30) days of the effective date of the Order, submit a Closure Plan to the Department for the removal andior processing of all waste tires, partial waste Page150f18 granulatedwastetireproducts, side and (6)months oftheDepartment's approval ofthe plan. lfwastetiresaretaobe processed under the Closure Plan, the plan shall describe the Speci?c pine-suing equipmentthatwillbe used, shredder and side wall cutter, the number of operational hours per day, and the processing days per week. The Closure Plan shall provide 1) the Permitted solid waste management facilities and companies that will receive waste ?res, products and companiuthatshalltransport waste ?res, producls and solid waste; 3) timelines for closure activities; and 4) included a progress report to the Department that shall be due on the include, but not be limited to, the following: i. removed ?rm the Facility, the destination of each shipment, and the costs for ml! shipment: ii. Tons ofprocessed waste tires, usedtires, and side walls removed ?omthe facility,thedestination oftheprocessed wastetires, andthenetpro?tfor each shipment; and, Tons of metal ?'om waste ?re processing and solid waste moved from the Facility, the destination of each shipment, and the costs for each c. If the Department requests any revisions to the Closure Plan, VIVA Moncks Comer shall provide revisions to the Department within ten (10) days; and, d. Within ?ve (5) days ?'om receipt ofthe Department's w?ttenapproval ofthe Closure Plan, VIVA Comer shall implement the plan; 3. Within ?ve (5) days of the effective date of the Order, VIVA Monoks Corner shall obtain a third party company to provide mosquito control and start control measures. Mosquito controls shall be continued until closure of the Facility is complete and approved by the Deparunenuand, Page 16 of18 4. Within thirty (30) days of the effective date of the Order, pay a combined civil penalty and stipulated penalty in the amount of ?fty-two thousand, ?ve hundred dollars for violation of Settlement Agreement and Consent Order of Dismissal (Docket No. 16-AU-07-0062-CC). IT IS FURTHER ORDERED that a civil penalty in the amount of one million six hundred forty-seven thousand three hundred seventy two dollars is hereby assessed against VIVA Moncks Corner for the violations cited herein; however, the civil penalty shall be suSpended pending compliance with the requirements of this Order. If VIVA Moncks Corner fails to comply with any terms of this Order, the full penalty shall immediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty. IT [5 FURTHER ORDERED that this Administrative Order governs only the liability to the Departmentfor civil sanctions arising ?'om the civil matters set forth herein and constitutes the entire requirements between the Department and VIVA Moncks Corner with respect to the resolution of these civil matters. IT IS FURTHER ORDERED that failure to meet deadlines established herein or any other violation of the provisions of? this Adminisu'ative Order may be deemed a violation of the Act. Upon ascertaining any such violation(s), the Department may initiate action to obtain compliance with this Administrative Order, the Regulation, and the Act. IT IS SO ORDERED. Page of 18 FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL Wei-gag,? Date: 5453159 Myra Reece Director of Environmental A??airs 9%1g?f V/l?t? Date: 8/25/{7 Bureau of Land and Waste Management 6 Reviewed by: Atto 2 Of?ce of General Counsel 2 1. Consent Order 2. Settlement Agreement and Consent Order of Dismissal (Docket No. Page 18 ofIS Attachment 1 Consent Order 15-05-SW THE STATE OF SOUTH CAROLINA BEFORE THE DEPARTMENT (1me AND WWAL CONTROL WW IN RE: VIVA RECYCLING OF SOUTH mm LLB VIVA RECYCLING OF SOUTH CAROLINA, LLC {111mm 3W COUNTY CONSENTORDER VIVA RecyclingofSouthmulina, Wingl?b resolve violations mm mgardingthe 89m}: Carolin Solid Waste Policy and l. FINDINGSOFFACT On Jame 9. I993. momma an andanewsite mingmnewwaste?mm maximum 0n Angus! 27. 2034, Won of?wl?acifiv. The lO?i'utx ISMand??y?m root?re PagelnI'SPagaa I I . 0n5epte?mbn4, 20l4,?wDepaMeondueled a median af?teFae?ity. The inspeetem (Whea?ey and Wiliiems) observed and mauled cm the impactionfnm that ?re pn'muy shredderwasdmforregahs. MLNidiBmo, CbiefOperatingD?ies, was hm?an. . On SepHIiJer 10,2014. Dapmnemlaemnnel (Cook. Emmett, Snydermwd a routine eotnplianee Inspection of the Facility. The Depart-?rm?- hamster W) observed and Fac?itysineetheSeptunbenl, 2014 inspm?omin the impeetim . On October 3, 2014. WA Recycling was referred to the Dwaimn?s Enfomemenl See?en. . Quebec 14, 2034, Depamnent personnel (Brownson, Snyder. and William) conducted examine eamp?aneeinspectionofthe Facilitymd measured thetiuepiles. WWMM reeorded?lefnllewmg: a. ofwast?'uesbloeked (lockout-anus. h. fur. and. 400-450th werestaekedasninet?lebullding. c. e. manned [01 teen: lZOfEetx amend permi! dmwingdated 2013. f: misee?aneomdeh?amlocated ?nished chip pile [brewek per?teappmved 2013. g. Fm?liy. b. Athep?e mminglso feetx mdaxtendedlo?wwming. P- PageZefaPlgu i. 7. On Octoberzz, 2014. ?IqumeutismedaNo?ca ofAlEcgud Violationmatice ofEI?m-mt delikudunOctoheer, 2014. 8. a. 9-99- a. i. ii. V. be 1.000me in ms insidelhemain build?mgihr?m buffalg process. pile. that?lln?'wbmh?emmupmed. m?wpib?ulmumd ISGfaelxM?fbetx bays!? me. 105 [3:22:29 ?ax3 feeLia mgone. The Facilityw?l Milan/week. g. boiuginopuablc. TbeDepn'IrnmtadvisadW. PageSofSPaga?s 9. 0n Nombm' 20, 2014. gamma! (Snyder and Melain) conducted a follow-up impaction ofthoFacililwam Mr. Sorgi mm?mhspow?m. Dcporhnuttpelaonnelobsomd and mehllowingonmo inspection form: a. dwigonlad Molina pilo (52) East. This impmmontwas nobodonimpoction form: Sorghum! Ihatthis isammgmafbrmonewbut?ng macl?nes?, c. ?epiloofwmtiuhmomdesignmd imam! d. e. f. Wholewasto [hound m?iscollamuus debrisremaiood in Iheamdosiguated lbnho?nishod South Camilla Solid Waste Policy and Mnoagement Act of1991 (Act), 3C. Code Ann. 544-96100 that Whmever?wDeparh'n?? ammonium ?is in violation ofa regulation promulmod pursuant to ?41-96470 (Waste Tim), Ihe imam the lamination. The Department may also Impose unsuitable civil panama mom by rognlo?on not to wood ten thousand dollars ($10,000) ?or and: day ofviola?on. Each day ofaoncomp?ance with an ordur imod pursuant tothla auction oroonoomplianoe wimapeuuit. regula?onmandard. ormquiromemostab?wod under the Act oons?mtos a swarm offense. Solid Waste Management: Waste "?rm Regulation 61-1073, Section (LIL. an, "Al! wasto?te cokioction Pagedinf?l?agos orp'mcmd limmanyone with andopuw'mulsundards: b. mAmzloqumfeeumd. 33mm: mm c. lane ?rm vehicles mustba mobshucmlatalltimes." Wasu'l'inl?roceasing MEWS-5201: A. SpecialCondi?ons l. 3111199. 1998, 3mm:- 1.2002. mezooa. Decembulam,Novaubar9.zoo7, and April 30, 2012 (revised mm 22. 2013) unless the pamlt cmdi?ms exam. 2. instinplleariamnilus. Designalad Mind the an?mtinplle. mmwm?m?mm??s hilly Based oath: violatal?mSouthCao?m Solid Wow: Polka and Mmgeanthot of [99] (Act) (2001), Solid Waste Management Waste Tim Ramadan 61407.3 (Supp. 2012), and, West: Tue Processing Pal-mi! 082728-5201. Pngc?ofsl?m I. ?ndings 5.3., i.,and7.,theDepm1mmt allegesthalVWA Racyulhghasvialued Solid Waste Mmguncnt Wasm?rmwm 51- mama. and wamem mammns-szm in on Angus: 27. 2014, Samba- 4, 2014. September 10, 2014, October 2014, and Novemberzo. 20mm me dimensions allowed 1311mm exceeded limim and maximum diam allowed byithmnit; and. wastctim watching stand oulside of (insignia! to the drawing approved April 29, 2013. (1., IL, and VIVA Boarding has violated Solid Waste Management Waste Tires Regulation 6 07.16.43. and Wasla Tire Promising Permit 082728-5211] in that during inspections on August 27, 2014, Sapmher 4, 2014. Sepmmbu H), 2014, October 14. 2014, and 20, 2014, ?re Imusware not maintained around was piies accm'dingtu ReguIntion smith: Permit. NOW. THEREFORE IT IS ORDEREDAND AGREED with?uecousem?VNA pummt to 1h: South Catalina Solid Waste Policy and Act of1991, Regulation 61?1073. and Pennit 081728-5201. that VIVA Rcoyc?ng sha? mine the ??luwing WW I. d. e. Removaa? waste?reslocamd Wandalongmads; and, Remove agalnmhe buildingand, featx 100 Eel: 15 betiuanum?mwewi?l thePu-mk: amt, Obtain Ranave?wmu 105 feet x29fu133 that. Themation dabofdseomismednm?mthemissigmd Am. 2. By December 31, 2015, mu: the p?u tire. soil. and whole lira: loam mammary-new drawing dam! Apr? 29, 2013. Pay: 6 era-rm 3. mummt W, pay the ?in ?re aim dollars to the SCDHEC - BLWM Division ofCompllame and Bum Section Ann: Beverly McLeod 2600 Bull Sued, Columbia. SC 29201?1708 batm?te DepmutandVNA RecyclingafSou?: and ?mums Wasatpreaslyselfonh within Macadam violationofthopmv?blons of?dsOrdu'maybcdeemdavioh?oa ndeeAct. Upon Miningauymnh vinia?mw?m toobtain mdtbe Act. 2? cat-1L. FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL Daze: Director of Em A?'airs .7 41.22 Cf? Date: Daphne G. NecL iel' Bureau of Land and Waste Management (a u" Van KcisIer, P.G.. Director Division ofCompliancc and Enforcement .. aid, [g Lamina Data.)- Reviewed by: Annuity Of?ce of General Counsel WITH cvvl?hk RECYCLING OF SOUTH CAROLINA(Signature) 1 . WW 4:31? f?i?l 1? (Pic-ac chirly print name and and) Page 8 of 8 Pages Attachmentz Sd?nmentAgreement and Consent Order of Dismissal Docket No. STATE OF SOUTH CAROLINA ADMISTRATNE LAW COURT VIVA Recycling of South Carolina LLC, Docket No. Wu Monet: Camer'l?ire Petitioner. V. SETTLEMENT AGREMNTAND ?m APR 17201? South Carolina Department of Health and Emironmenlnl Control, Rsspondem. JonThe mane: is before the Administrative Law Court pursuit to the Petitioner, WA Recycling of South Carolina, LLC Wa Munch Com Tim's Moncks Gamer" or ?Petitiow? request for contested case halting of the Jammy 2016 Muddesistletmahe?anuaty ll Control regarding Its operation afa tire promising facility located at Old Depot Road. Moncks Comer, South Carolina (the ?Facility? or "Site"), ?mad by VIVA Recycling of South Carolina, LLC Mancini Coma?). WHEREAS, VIVA Moncks Comer mains at the Facility under South Carolina Said Waste Policyand antActo?m, Ann. ?44-96-10gm(Rev2002) (the and 8 S.C. Code Regs. 61407.3 (20l5), So?a Waste Management: Waste Tires and DHEC Permit No. [inns-5201 (the "Pmnit?j, which unhnrizes VIVA Mum-ts Facilityforcolleclionm Mogul-Jinglindingmd WHEREA?initsInmm-yll wis?edmnd WHEREAS.uponrece?vingtheJammy Jamil Case Hearing, appwling Board?sI-?ebruary 5, 2016deal; and WHEREAS, captioned mm,DockuNo. 16-AU-07-0062-CC (the WHEREAS, I. Coma-shun axoeptim: BtephentoIhBFacility. . 2. 3. Permit. Regulatimorthel?em?l. ?Warm-coupliawedm? include. Mmthelimitedm?he de?mmdforusedt?wat?n fortbemmua?m?umSt. Moncks Facility(see Paragraphs I the Facility hmplimcewidz its Pemitat?tei?acilitywithinthe Conmliance Period; failureto its Permit; and ?ailmeto implemtandlorpufnrm amosquiln control program at as Operational mquiruuents Imder?le Pem?tmdopaa?ngcr?eriannde??m IV, SectionBZof the non? Corner. 4. ?rst), VIVA Monaks Com. or its dssignee, shall submit a certified check to DHEC in the mount Facility. DHECistiwsole bme?cimyof?wwmpamy?nancialm a. MWWMi?hewnmm-ary?mdalmceism inthismm. b. i. smforthasE?ibitAtathisOrdm-g ii. setfor?lasMibitAmd?sOrdm: 5. 5/ set?u?las?xhibitAto??sOrdmand iv. $65,000.00 ?arallm?mandpar?ai mania ?ailasorbuild?mgs) hm?thel?acility?s penniued limit of 99.000 passengertire ewivnlenis in Zone 4, as indicated l-4for c. DHEC shall issue Ihq payment by check within thirty (30) days :1?:va VIVA removal orpming ofall wast: the day?laLWVA (either via e?mnil or regular mail, Mdchem occurs ?rst) ("Compliance Period"). In adl?tion, misullannous, and: titedebrls lnadditimuVWA wi?m?m ?ieComplimcePuiod. Mmover,VIVA Period. Uponvu'i?catimof compliance, mm?orused?tmat?lel-?acilky. (?the numberofwaste ?res/volume afparlin! shreds moved From the Facility; and (2) the destination ofthewastatirw'shmda. 6. ofany revisonsin su?wrizing?zernitmodi?m?on. 7.. plummtocomplaintSre-oeivedby Periodreferenoedinthis O?er. 'l'liquiartmentwill more complaints (anonymous or otherwise; verbal or written) within a one wed: period. 8. ComerandtheDeparlment. VIVA Monet: Cornerrnayootassignanyrights ?obligations Department. Anextension maybe grained Hiallmeenany event arising from causes beyond the control of the VIVA Monolts Comer that causes a delay the conditions under this Agreement including but not limited to: acts of God, ?re. our, insurrection, civil dimirbance, explosion; adverse weather and/or ?eld work activities, restraint by court order or order authority; inability to obtain, alter exercise of reasonable diligence and timely submittal of all applicable applications, anymaiitho?zatlona ofany governmental agency or authority; and delays caused by compliance with applicable stamina or regulations governing contacting. procineinent or acquisition procedures, despite the exercise of reasonable diligence by represaita?ves ofVlVA Monolis Comer. Delays ?uted as indirect result of permit appeals do not constitute non-compliance with we Cement Order. 9. Events which are not Egg mime include by example, but one not limited to, unanticipated or increased costs of per?irmance, changed economic circumstances. normal precipitation events (except asset ?aith in Paragraph or failure by VIVA Momeiis Corner to exercise due diligence in obtaining governmental permits or per?rming any other requirement of this Agreement or any procedure necessary to provide perfamance pinsuont to the provisions of misCmsunOrder. 10. Thenm?sa'ewtrelyingnponany Agnea?ent. u. established viola?oaof?lesm I2. l3. h?wmtmis Agreement hemmes null and void due to VIVA Munch: Cam?s non-mnpliance with this mthewcase. Cola igSouthCm-olina Ma?aLSagi. Exemnive VIVA Recycling thCun?na, mm SmD.Weber 16917 MWmhoviICm 28202 Marni-hm byCowud?rPdl?aw WA Real-lira a?S?amh Catalina. LLC WaMmabCanwrm CONSENTEB AND AGREED TO BY THE PARTIES: E425 215L244 Etta IL Wilfimnsme, Assistant General Cause! S.C. BarNo. 16663 Of?ce of the General Comma! SCDepade-Ieal?tand Envirmunmml Control 2600 Bull Sheet Columbia, South Carolina 29201-1708 On We?: of Health and Environmental Comm! ll ah! n. a? .u .1 air-HI. I. - an"huh?muu?kl . . . ?My . me.m.n. mu. Emu.? "Ma? 1 I: layoflw?Evy; Mail fidyc U. Moran Judicial Law Clerk April 17, 2017 Columl?a, South Carolina - aoq?.? ?3 . j: ?gist-.3. {353-- Exhibit Certi?ed Mail Delivery Con?rmation 9l14l2017 - USPS Traddnw Results USPS Tracking? Results was WMWW Track Another Package ?anove Tracking Number: 92148969009997901409392908 Delivered Product Tracking Information I SaoAvailablo am Wow mm." MTE 3M STATUS OF ITEM LOCATION War 12, N17. ?49 pm pm CHARLESTON, SC 29412 .. W30 Sdmule Way Of your item mamamm math" WN.5029412 See More Available Actions ?mam Updates Rattan Receipt Email See Less A Can?t ?nd what you?re looking for? Goto ourFAQs seclionto?nd questions. FAQS 11:3 Exhibit SCDHEC Letter, October 6, 2017 V'dhec CERTIFIED MAIL ELEQIBONIC MAIL Article Number 9214 8969 0099 9790 1409 7008 64 October 6, 2017 Mr. Marty Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston, SC 29422-2879 RE: Violations and Demand Letter Administrative Order VIVA Recycling of South Carolina, LLC (Facility) Dear Mr. Sergi: On September 29, 2017, the South Carolina Department of Health and Environmental Control or ?the Department?) inspected VIVA Recycling of South Carolina, LLC Moncks Comer? or ?Facility?) and con?rmed that VIVA Moncks Corner is not in compliance with Administrative Order (?Order?) (Exhibit A). The Order was mailed to you, via Certi?ed Mail, on August 30, 2017, and was delivered to you September 12, 2017 (Cem?ed Mail Delivery Con?rmation, Exhibit B). The Order became effective on September 14, 2017. On page 15 of the Order, the following requirements were imposed: 1. Within ?ve (5) days of the e??ective date of the Order, post closure signs at the Facility, which was due on September 19, 2017; 2. Within ?ve (5) days of the effective date of the Order, VIVA Moncks Corner shall obtain a third party company to provide mosquito control and start control measures, which was due on September 19, 2017. 3. Within thirty (30) days of the effective date of the Order, submit 8. Closure Plan, which is due on October 14, 2017; and, 4. Within thirty (30) days of the effective date of the Order, pay a civil penalty in the amount of ?fty-two thousand, ?ve hundred dollars under the Settlement Agreement and Consent Order of Dismissal (Docket No. which is due on October 14, 2017. During the DHEC inspection that was performed on September 29, 2017, the inSpector observed and recorded on the inspection report that VIVA Moncks Corner had not satis?ed requirement 1 above. In addition, there is no evidence that item 2 above has been performed. DHEC is very concerned that VIVA Moncks Corner may have failed to comply with item 2 above in light of the potential public health risks associated with the mosquito breeding habitat created by the waste tires stored outside at the Facility. DHEC hereby demands that VIVA Moncks Corner ful?ll the following requirements by October 10, 2017: 25-33 531.! St'eet. Caner-3's. SC 2920' 1553, 593-3432 SCDHEC Letter October 6, 2017 VIVA Recycling of South Carolina, LLC Page 2 of 2 1. Provide photographs that a closure sign has been posted at the Facility; and, 2. Provide a copy of the mosquito control contract to DHEC. Please be advised that under the terms of the Order, DHEC may demand payment of the one million six hundred forty-seven thousand three hundred seventy two dollars suspended civil penalty for non-compliance with the Order. DHEC elects not to do so at this time in an effort to encourage VIVA Moncks Corner to willingly comply with the Order. However, should VIVA Moncks Corner fail to comply with any of the above-listed demands and requirements under the Order, DHEC reserves the right to pursue all options to compel compliance with the Order, to include demanding payment of all penalties applicable under the Order and taking legal action for enforcement of the Order. If you have any questions concerning this letter or Administrative Order 17-20-SW, please do not hesitate to contact me. I may be reached at (803) 898?0477. The Department thanks you in advance for your prompt attention to this important matter. Sincerely, .7 Robert S. cDaniel, II Manager, Enforcement Section Division of Compliance and Enforcement Bureau of Land and Waste Management 2 Exhibits ec: Ms. Etta R. Williams Linen, SCDI-IEC, Of?ce of General Counsel Ms. Christine Stanford-Coker, Area Director, Lowcountry EA Charleston Area, BEHS Mr. Van Keisler, P.G., Director, Compliance and Enforcement, BLWM Ms. Joan Litton, Director, Mining and Solid Waste Management, BLWM gas-f at 3 Date of Referral: 5/12/16 1?4 TO: Rob McDaniel, Manager, Solid Waste Enforcement Division of Compliance and Enforcement Bureau of Land and Waste Management THRU: Marty Lindler, Manager, Solid Waste Compliance Division of Compliance and Enforcement Bureau of Land and Waste Management FROM: Jessica McLain, Solid Waste Compliance Division of Compliance and Enforcement Bureau of Land and Waste Management RE: Enforcement Referral Referral Facility Permit lD: Facility Name: Facility Type: Facility Physical Address: Facility Tax Map County: Facility Owner Name: Facility Mailing Address: Phone Number: Facility Operator Name: Phone Number: Original Permit Date: Bureau File WTH-00465 Viva Recycling of SC, LLC Waste Tire Hauler 111 Old Depot Road Moncks Corner, SC 29461 2] 10002073 Berkeley Viva Recycling of SC, LLC 53.1116 843-761?7955 Marty Sergi/Nick Bruno same 2/3/06 20767 Description of alleged violations and timeline of investigation events: Waste Tire Hauler Registration originally approved 2/3e'06. Failed to renew in by March I, 2016. Spoke with Mr. Bruno during an inspection on April 27, 2016. At that time. he stated that they continued to pick up tires from county entities to include Charleston, Florence, and Lexington. Received manifest from Charleston County showing tires were picked up by Viva Recycling on 4/25/16. Applicable Regulations: R.6l-107.3 Part II. A.l The requirements of this section apply to haulers of waste tires and processed tires who haul more than fifteen (15) waste tires or passenger tire equivalents at any one (1) time. R.6l-107.3 Part No waste tire hauler may tranSport waste tires unless registered with the Department and issued a registration number. 1.. Solid Waste ?fompliance Manager 5 Signature Date Enclosure Viva Waste Tire Manifest McLain, Jessica Page I of 1 Viva Waste Tire Manifest Robert Lawing Wed 4.27 PM -Mc Lain. Jessica ; Keisler, Van Sanford-Cohen Christine Litton. Joan F. ; Hellerman, Donna ; 9 i attachments (7 MB) SCDHEC Letter October 13, 2017 - Violations and Final Demand Letter A0 W-ZO-SW - VIVA Recycling of Smith Carolina. LLC.pdf; Mr. Sergi, Enclosed is the Department's ?nal demand letter relating to violations of Admlnistrative Order (A0) 17-20-SW, regarding VIVA Recycling of South Carolina, LLC. The original letter ls being sent by certi?ed mall today. Sincerely, Robert 8. McDaniel ll Manager; Enforcement Section Division of Compliance and Enforcement Bureau of Land and Waste Management S.C. Dept. of Health Environmental Control Of?ce: (803) 898-0477 Connect Woo! Eam Miter V?ghec 1H i 51:. L1 99 9790 1409 8878 00 October 18, 2017 Mr. Marty Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston, SC 29422-2879 RE: Violations and Final Demand Letter Adu?nietra?ve Order 17-20-SW VIVA Recycling of South Carolina, LLC (Futility) l. Within?ve signsattheI-?aeility. until October WC). 2. This requ?rementwasdueonSeptembu-w, 2017,butwasextendedt00ctober 10, 2017,per Depot-hum by October 14, 2017; and, 4. thhilhirtyGO) days ofthee??ectivedate ofthe Order, Sepmmber l4, 2017,peyaeivil penalty in the amount of ?fty-two thousand, ?ve bundled dollms under the Settlement Agreement and Consent Order of Dimissal (Docket No. MAM-074062- 2600 Sun Sven-t Coiumbia. SC 2920'] {80318936432 SCDHEC Letter October 18, 2017 VIVA Recycling of South Carolina, LLC Page 2 of 2 As of 5:00 PM on Monday, October 16, 2017, VIVA Moncks Comer has failed to complete requirements 2, 3, and 4 above and is therefore in violation ofthe Order. TheOrderstatesonpage l7: FURTHER of one million, six hundred forty-seven thousand, three hundred seventy-two dollars is hereby assessed against VIVA Moncks Corner for the violations cited herein; Orda. Moncks Corner fails to comply with any terms ofthis Order, the full penalty shall inanediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty." (Emphasis added). theDeparnnent?s is dueandpayableuponiasuanceof thisdemandletter. this penalty by close of business on Manda October 23, 2017. In addition, the However, If you have any questions concerning this letter or Administrative Order please do not hesitate to oontaetme. I may be reached at (803) 898-3371. Sincerely, mkmewxo'w Etta R. Williams Linen, Esq. Assistant General Counsel O?ce of General Counsel SC Department of Health and Environmental Control 3Exhibits cc: Ms. Christine Stanford-Calm, Area Director, EA Charleston Area, BEHS Mr. Van Keialer, P.G., Director, Compliance and Enforcement, BLWM Ms. Joan Litton, Director, Mining and Solid Waste Management, BLWM EXHIBIT r1nnar'zo17 USPS TWM USPS Tracking' Results kaAnoqurPIolIngu M) WK 1mm wanna: I Delivered Product 8; Tracking Information momma WM mm- museum meow A museum-mammar- ?9.2017. 10:56-13 mum mesa-112 mum: MEMTAMM 103713111 In hTw?bM-?n momnusm madame-momma; m3. m1? Wmenbmuapemu Available Actions TMIIEMW ammo": 113 EXHIBIT ?mam? - USPS Tram Results USPS Tracking' Results Track Another Package Hum Tracking Numben 92148969009997901409887800 Delivery Attempt: Action Needed Product Tracking Information sooAvallabbAm mm Fm Fun-0mm cyan-dual" DATE 1. TIDE OF "Bil Lou-run A Delphi-23. 2017. 9:18? CHARLESTON. 8629422 mamnuum WW CHARLESTONJCM sauna-v Available Actions TextltEmIllUpcht-o mun-mama Snug-A Can't ?nd what you're looking for? GoteemFAQs 113 V'dhec Healthy Peep MEMORANDUM TO: Etta Williams, Of?ce of General Counsel . FROM: Rob McDaniel, BLWM, Manager, Enforcement DATE: October 17, 2017 RE: VIVA Recycling of South Carolina, LLC ACTION REQUIRED: Enforcement of Administrative Order 17-20-SW PRIORITY: HIGH Administrative Order 17-20-SW requires VIVA Recycling of South Carolina, LLC (VIVA Moncks Corner) to (in order of due date): 1. Wrthin ?ve (5) days of the effective date of the Order, post closure signs at the Facility, which was due on September 19, 2017; 2. Wrthin ?ve (5) days of the effective date of the Order, VIVA Moncks Corner shall obtain a third party company to provide mosquito control and start control measures, which was due on September 19, 2017. 3. Wrthin thirty (30) days of the effective date of the Order, submit a Closure Plan, which is due on October 14, 2017; and, 4. Wrthin thirty (30) days of the effective date of the Order, pay a civil penalty in the amount of ?fty-two thousand, ?ve hundred dollars under the Settlement Agreement and Consent Order of Dismissal (Docket No. 16-ALJ-07-0062-CC), which is due on October 14, 2017. As of 1:00 PM, October 17, 2017, VIVA Moncks Comer has failed to comply with these requirements. The Company did post a closure sign at the facility on October 10, 2017 per email received on October 11, 2017. The remaining requirements have not been done. The A0 states: IS FURTHER ORDERED that a civil penalty in the amount of one million six hundred forty-seven thousand three hundred seventy two dollars is hereby assessed against VIVA Moncks Comer for the violations cited herein; however, the civil penalty shall be suspended pending compliance with the requirements of this Order. If VIVA Moncks Comer fails to comply with any terms of this Order, the full penalty shall immediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty." S.C. Department of Health and Environmental Control 2600 Bu. Street. Columbia. SC 2920? {803] The Department is asking for the enforcement of Administrative Order 17-20-SW for compliance with the requirements of the Order and seeks payment in full of the suspended penalty. Please immediately issue a ?nal demand letter for the requirements in the Order and payment of the suspended penalty with a quick suspense date. After the suspense date is exceeded, please expedite the issuance of a Summons and Complaint. Attachments: AO 17-20-SW SCDHEC Letter, September 15, 2017 SCDHEC Letter, October 6, 2017 Memo to File, October 10, 2017 Emails V'dhec Healthy People Healthy Comnunities August 30, 2017 Mr. Marti Sergi VIVA Recycling of South Carolina, LLC PO Box 12879 Charleston. SC 29422-2879 RE: Administrative Order 17-20-SW VIVA Recycling of South Carolina. LLC Permit Number 082728-5201 Dear Mr. Sergi: Enclosed is the Administrative Order 17-20-SW. which is being issued for violations of the South Caro?na Solid Waste Policy and Management Act of 1991 (Act) (Rev. 2002 and Supp. 2016) and associated regulations. Consent Order 15-05-SW. and Settlement Agreement and Consent Order of Dismissal (Docket No. Please review the order carefully and comply with its requirements. as stated within. Also. if you choose to appeal the Order. piease carefully follow the necessary steps. as outlined In the attached Guide to Board Review. This correspondence is being sent to you by ?rst class mall and certi?ed mail to better ensure delivery. If you have questions regarding the order please call the writer at (803) 898-0478. If you have questions regarding an appeal. please call the Clerk of the Board at (803) 893-3309. Em?. .. 77 {a Robert S. McDaniel II. Manager. Enforcement Section Division of Compliance and Enforcement Bureau of Land and Waste Management Enclosures cc: Ms. Etta Williams Linen, SCDHEC, Of?ce of General Counsel Ms. Christine Stanford?Cotter, Area Director. Lowcounh'y EA Charleston Area, BEHS Mr. Van Keisler, P.G., Director. Compliance and Enforcement, BLWM SC. Department of Health and Envtronmental Control 2600 Bull Street. Columbia. SC 2920] {303} 898 3432 Sou?l Carolina Board of Health and Environmental Control Guide to Board Irwin-r Pursuant In S.C. Code Arm. 44-1-60 The decision of the South Carolina Depamnent of Health and Environmental Control (Department) becomes the ?nal agency decision ??een (15) calendar days a?ci- notice of the decision has been mailed to the applicant, premium, licensee and a?'ected persons who have requested in writing to be noti?ed, unless a written request for ?nal review accompanied by a ?ling fee in the amount ofSlOO is ?led with Depart-Item by the applicant, permittee, licensee or affected person Applicants, permittees, licensees, and affected parties are encouraged to arrange in mediation or settlement discussions during the fare] review process. Board declines to schedule a ?nal review conference, the Department?s doctrine becomes the ?nal Igmrey decision and an applicant, penalties, licensee, or a?'eeted person may request a contested case hearing before the Administrative Law Conn within thirty (30) calendar days a?er notice is mailed that the Board declined to hold a ?nal review Guarantee. In matters pertaining to decisions under the South Carolina Mining Act, appeals should he made to the South Carolina Mining Council. 1. Filing of Request for Final Review I. A written Request for Final Review (BER) and the required ?ling the of one hundred Italian (3100} must be received by Clmitoftthoard nithin?lleen (15) a?ernotieeofthe stal't?decisionhasbeenmailed to the applicant, permittec, licensee, or affected persons. If the 15'? day accrue on a weekmd orState holiday, the RFR must be received by the Clerk on the next day. will not be accepted after 5:00 pan. RFRs shall be in writing and should include, at a n?nimnm, the ?rllowing infuonation: The grounds for amending. modifying, or the sta??dceisidn; - a statement of any signi?cant issues or factors the Board should consider in deciding how to handle the matter; I the mliefrequested: I a copy of the decision ?n which review isrequested; and a mailing address, email il'applicable, and phone numbe?s) at which the requester cart be contacted. tiled inpcramrorhy mail attire followlngaddress: South Carolina Board of Health and Environmental Control Attention: Clerk of the Board 2600 Bull Street Columbia, South Carolina 29201 Alternatively, may he ?led with the Clerk by facsimile (803?898-3393) or by electronic mail The ?ling fee maybe paid by cash, check orereditcard received by the 15" day. if there is any perceived discrepancy in compliance with this RFR ?ling procedure, the Clerk should consult with the Chairman or, if the Chairman is unavailable, the Vice-Chinese. The Chairman or the Vice-Chairman will determine whethertheRFRis timely ?ledand directthe Clerk to (1) process the RFR fur considnn?on or (2) return the RPR and tiling fee to the requester with a cover letter explaining why the RFR was notrimely tit-properly ?led. Processing an for consideration by the Board shall not be interpreted as a waiverofany claim orderenee by the agency subsequent proceedings concerning the KER. Ifthe 111'me be processed forBoard consideration, the Clerk will need an Acknowledgment ol?Rl-?Rtothe Requestorand the applicant, pennittec, or licensee, if other than the Requester. All personal and ?nancial identifying information will be redacted from the RFR and aceompmying documentationbe?ire the RFR isreleasedtothe Board, Department staffer-the public. It'an RFR pertains to an emergency order, the Clerkm'tl, upon receipt, immediately provide a copy ofthc all Board members. The Chairman, or in his or her absence. the Vice-Chaim shall based on the decide whether to refer-the the RFRCommitteeforexpedited 'review orto decline in writing to nettedrrlea FinalReview Conference. If me forward acopyof the RFRtoDepartmentstall'and O?ieeofGeneral Counsel. A reviewwillbe provided on an expedited schedule de?ned by the Chairman or Vice-Chem withioeightm) working days. Upon receipt of the Department Response, the Clerk will forward the RFR. and Depot-uncut Response to all Board members for review, and all Board members will con?ne receipt of the RFR to the Clerk by email. [fa Board member does not confuse receipt of the RFR within a twenty-four {24) hour period, the Clerk will contact the Board mentor and con?rm receipt. If a Board member believes the RPR should be considered by the RFR Committee, he or she will 1 Rev 2, cams/2014 IfnoBoardmernherrequests mail to the Requester, with mil to the applicant, pennittee, er limosce. ifnet theRequester, stating the Board will not NOTE: Ifthe tmeperiods described above em! on a weekemi or'Slate holiday, the time is autonm?calbt extended to 5:00 p.121. on limitations-bless dqv. 9. publienoticcd atlcestZliheersinadvance. IO. ifnetthe II. Final Review Conference Scheduling l. applicant, pcrmittee, or licensee, ifnot the Requester, informing the Requester ofthe determination. 2. 3. The Con?uence willhepohlically noticed andshould: includetheplace, daleendtime of the Conference: Conference; ifthe conference willbeheld by committee. ofthc Chairman?s orderappointing the comitteqand hrformtheReqeesterol'his orherrighttoreqeesta transcriptoi?the proceedings ofthe Centerencepreparedat Requester?s expense. 4. agrees costsin writing, including HI. Final Review Conference and Decision 1. The order of presentation in the Conference will. subject to the presiding of?cer?s discretion, be as follows: I Depsrment sta?" will provide an overview of the staff decision and the applicable law to include minutes]: I Type ol?dccision (per-nit. enforcement. etc.) and description of the program. I Parties I Description of facilitylsite I Applicable statutes and regulations I I Requester-(s) will reasons for-promoting thesmll'decision and may provide evidencete supporrsmending. modifying, the staff decision. [15 minutes] NOTE: We binder efpreeftr on the Requester-(Is) I Rebuttal stai'i'USminntes] I Rebuttal [it] minutes] Review'Cenference or by the presiding o?ica. Parties may present evidence during the conference; however, the mics of evidence do not apply. At any time during the con?uence, the of?cers conducting ?re Conference may request additional information and may questienthe Requester, the sts?'. and anyone else providing intimation at the Conference. Thepruidingo?cer, inhisorhersolediscretien, mayallewaddi?enel ?meferpreemtatiensandmayimpese time limits on the Conference. All Cornbreneesare open to the public. The emcers may deliberate in closed session. ofthc The Clerk will mail the written ?rm] agency decision (FAD) to parties within 30 days a?er the Conference. The mitten matterspertnining torcquest a hearingbe?rrethc South CarolimMining Council. Tirol-?AD will besent bymti?edmnil. retin'nreceiptrequested. 9. Communications may also be sent by electronic mail, in addition to the forms stated herein, when electronic mail addresses are provided to the Clerk. we The above is provided as courtesy; parties are responsible for complying with all applicable legal requirements. 2 Rev 2, 05/08/2014 .0 - IN THE STATE OF SOUTH CAROLINA BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DEPARTMENT) IN RE: VIVA RECYCLING OF SOUTH CAROLINA, LLC NUMBER 082728-5201 (PERMIT) BERKELEY COUNTY ADMNISTRATIVE ORDER This Administrative Order (Order) is issued by the South Carolina Department of Health and Control (the "Department" or for violations of the South Carolina Solid Waste Policy and Management Act of 1991 (Act) (Rev. 2002 and Supp. 2016) and associated regulations, Consent Order and Settlement Agreement and Consent Order of Dismissal (Docket No. FINDINGS OF FACT Permit and Conditions: 1. VIVA Recycling of South Carolina, LLC Monolcs Corner) operates a Waste Tire Processing Facility located at- loosed at 111 Old Depot Road, Moncks Comer. South Carolina (the ?Facility? or "Sitc"). The Facility is owned by VIVA Recycling of South Carolina, LLC, which holds the Permit for the Site (the "Permittee" and "Prepetty Owner"). VIVA Moncks Corner operates: the Facility under the South Carolina Solid Waste Policy and Management Act of 1991, S.C. Code Ann. ?44?96?10 91: sag: (Rev 2002 and Supp. 2016) (the "Statute" or and 8 S.C. Code Regs. 61-1073 (2015), Solid Waste Management: Waste Tires and DHEC Permit No. 082728-520] (the ?Penrnit"), which was issued to VIVA Monoks Corner by the Department on April B. 2013. The Permit documented the transfer of ownership from Rubber Recovery to VIVA Recycling of South Carolina, LLC. It also included 3 Permit modi?cation that Page] of18 included an inerease in waste tire storage limits 307 tons to 1,188 tons), an updated Operational plan, the addition of new equipment, and a new site drawing. Special Conditions of the Permit state: 1) I"Ilia: Pennittee shall adhere to the approved design plans, speci?ca?ons, and operating plans dated June 9, 1998; September 1, 2002; February 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2013) unless Permit conditions state otherwise." and 2) ?Waste tires at this facility shall be stored eitheronthegroundinatirepile orintrailers. Designatedstorage areas are shown on the approved drawing (twisted on February 22, 2013), and a 50-foot bn?fer must be maintained around the entire tire pile. The total storage limit for waste tires at this facthy shall not exceed 1,188 tons, or 99,000 passenger tire equivalents (PTE). If at any point this limit is reached, the Facility shall cease acceptance of waste tires.? In addition, the approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 72., 2013) Specify in approved drawing that waste tire storage areas are as follows: 15 full trailers, a 50'x100'x15? waste tire storage pile, and a second waste tire storage pile. Compliance and Enforcement History Prior to the Issuance of the Settlement Agreement and Order of Dismissal foam the Administrative Law Court on April 17, 2017: 3. On June 17, 2015, the Department and VIVA Moncks Corner entered into Consent Order 15-05-SW (attached) to resolve Permit and mgulatory violations noted in ?ve (5) Department inspections from August 27, 2014 through November 20, 2014; and, that ordered VIVA Moncks Corner to meet the fo110wing requirements: a. Within ninety (90) days of the execution date of the Order: remove all waste tires Iocatedinditches, standingwaterand along roads; and, removeallwastetiresthat are stackedfpiled against the building; and, reduce the size ofwaste tire pile 100feetx 15 feet in accordance with the Permit; and, obtain and maintain 50?foot ?re lanes fence?aatmeesmed 105 feetx29feetx3feet. Page20f18 b. By December 31. 2015, remove the pile of miscellaneous tire wasteldebris, soil, and whole tires located in areas that were marked for empty trailers/?nished chip pile for stock per the approved drawing dated April 29, 2013. c. Within thirty (30) days ofthc execution date ofthe order, pay the ?rst instalhnent payment ($1300.00) of a civil penalty in the amount of twelve Thousand dollars for the violations cited in the Order. Thareaftcr, pay the installment payments in the amount of one thousand dollars to the Department on the ?rst business day of the month in accordance with a promissory note. On September 28, 2015, Departmont staff conducted a routine compliance inspection at the Facility and observed and recorded that the size 9f the piles and 1b; titanium of 1' ate el'mits eratedunacc le 'us rolem orre p_rgblems with no cgn-ective actign taken}; and that there were ?res in the tire lane along the fence. A copy of the inspection report was given to a Facility representative. - On October 13, 2015, Department staff conducted a routine compliance inspection at the Facility and observed and recorded that size 9f tire pigs gd me maintenange 91? limits were rated ta 1e eri us roblems and! recurrin Emblems 119 cm? mm; and that there were tires in the ?re lane. Department sta?? noted on the inspection form that all tires should be removed from the ?re lane. A copy of the inspection report was given to a Facility representative. On October 27, 201 S, Department staff conducted a routine compliance inspection at the Facility?) and observed and recorded that the size of piles Ed th_em 3531th of 0 - . mbkm?) with no ggmc?ve actign mum?s-?; 1. A copy of the inspection repert was given to a Facility representative. On November 10, 2015, Department staff conducted a routine compliance inepwtion at the Facility and observed and recorded that the ?ne 9f tire pilg Ed the maintenance of b1 withno 'veacti some ?res on the ground outside of the fence. Department staff recorded on the Page 3 of 18 10. ll. 12. inspection form that all tires should be removed from the ?re lane and from outside ofthe fence. A copy of the inspection report was given to a Facility representative. On November 23, 2015, Department staff conducted a routine compliance inspection at the Facility and obsewed and recorded that Wm; Facility representative. On December 9, 2015, Department staff conducted a routine compliance inspection at the Facility and observed and recorded that the of tire p?g and the maintenance of Wm Deparlment sta?' recorded on the impaction form that tire piles were still out of compliance ??om the approved plan. A copy of the inspection reportwas given to a Facility representative On December 21, 2015, Department staff conducted a routine compliance Inspection at the Facility and observed and recorded that the 31.; A cow 0f the impec?on renort was given to a Facility representative. On January 4, 2016, Department sta?? conducted a routine compliance inspection at the 9f We limits were rated WW WM storage areas were measured and documented. A copy of the inspection report was given maFacil?yreprescnta?vei- -- -. .. . Permitted arrestirnat On January 11, 2016, the Department issued :1 Demand Letter requiring VIVA Recycling of South Carolina, LLC to cease accepting waste tires for processing. Page4 of18 I 13. 14. 15. 16. 1?7. 18. 19. 20. On January 13, 2016, the Department received a rehuest for the DHEC Board to conduct a Final Review Conference On February 5, 2016, the DHBC Board deniedthe request and the directive that VIVA Mondrs Corner cease accepting waste tires became ?nal. On March 3, 2016, VIVA Moneks Corner ?led a Request for Contested Case Hearing before the Administrative Law Court (ALC), appealing the DHEC Board's decision. 01: July 27, 2016, Departrnent staff inspected the Facility and observed and retarded that the size of?re ?ee the of?r lanes and the maintenance 0 sto lim'twereratedtm 1e 'sroblem andforrecurrin roemswi no corrective action mu). Department staff recorded that the waste tire storage areas were measured and doc?mented. A cepy of the inspection report was given to a Facility representative. Based on the measmernents oi?ae wgte tire aw theFacili hadanestimated 89 9 TEso'n 'te. 'sex Permim min by an esti?ed 120,939 PTBs. Subsequent inspections were conducted by Department staff on August 17, 2016, August 26, 2016, and September 15, 2016, and the following was observed and recorded during the inspection: the gig of piles, the adage! of ?re lang, and the maintenance of were rated table serious 1 andfor recurrin bl no corrective action en. On September 22 and 23,. 2016, the ALC held a hearing on the case, Docket No. 16-AU- On Septelnber 28, 2016, Department staff inspected the Facility and observed and reeordedthatthesizeoftire i1 ad uac 1 with no ctive action On October 10, 2016, the Department staff inspected the Facility and observed and recorded that mb with no comtive action talent). In addition, Department staff observed and Page 5 of 18 21. recorded that the Facility was shut down due to an arson investigation into a fire that damaged some processing equipment. On October 20, 2016, the Department staff inspected the Facility and observed and mambenango of thattheFacilityhadno electrical Subsequent inspections conducted by Department sm?? on November 14, 2016, November 30, 2016, December 7, 2016, and December 22, 2016, observed and recorded that tire ad us of th mainte of n9 corrective ggti on ?e On the December inspections Department sta?? additionally noted that the Facility was not removing 75% of the inventory per year as required by Regulation 61-1073, Part IV Section A4. This was rated as unacceptable. The Facility had no electrical service, with the exception of the of?ce area, which had power. It was also observed and recorded that sidewalls had been cut of truck tires for sale and were being stared at the Facility. Subsequent inspections conducted by Department sta?? on January 9, 2017, January 27, 2017, February 14,2017, February 23, 2017,and March 7,2017, observed and recorded vehiclg, and sgmwamr diverted away from 23? piles were Mic blem an or blems with cot-rec 've actio taken . The Facility had no electrical service for the processing. On March 29, 2017, the Department staff inspected the Facility and observed and recorded that the Facility was closed and that no access could be gained. On April 4, 2017, the Department staff inspected the Facility and observed and recorded that the Facility was closed; however, Inspectors observed and recorded that waste tires Page 6 of18 26. 27. were now also being stored on the ground behind parked trailers and were in an unsecured area of the Site. On April 11, 2017, the Department sta?'inspected the Facility andohserved and recorded thatthe f? ilesthe of?relanes emainten cc fro l' remo of75?o f' to roads lef enter vehicl nnwater di erted a waste tire iles were rated le serio roblems recurri blems '01 no 1: ?rrective acti - The Facility was Open and representatives of VIVA Monoks Comer stated that there had been a theft of copper wiring and motors li-om equipment. Inspectors also observed and recorded that the Facility was without power and was not processing any waste tires, and that waste time that had been observed previously remained on the ground behind parked trailers in an unsecured area on Site. On April 17, 2017, the Department and VIVA Moneks Corner entered into a Settlement Agreement and Consent Order of Dismissal (Docket No. 16-AU-07-0062-CQ (attached) to resolve matters relating to the case under speci?c and conditions ("Ag-cement? or ?Consent Order of Dismissal"). The Administrative Law Court (ALC) ?led the Order on April 17, 2017. Continued Violations: 28. 29. Pursuant to provision 2, on page 2 of the attached Consent Order of Dismissal, VIVA Mencks Corner failed to submit payment of a civil penalty in the amount of ?ve thousand dollars required tmder the Agreement. The payment was due on or before May 2, 2017. On May 8, 2017, the Department issued a demand letter, via certi?ed mail and e?mail to VIVA Moncks Corner, for payment of the ?ve thousand dollar civil penalty and demanded payment of the stipulated penalty under the Order in the amount of forty- seven thousand, five hundred dollars because pursuant to provision 3, on page-.3 of the Consent Order of Dismissal, DHEC had determined that VIVA, due to non- payment of the civil penalty, was in ?material non-compliance" with the Consent Order of Dismissal. The letter directed VIVA to pay a combined civil penalty and stipulated Page7of18 - - 30. 32. 33. penalty in the amount of ?fty-two thousand, ?ve hundred dollars within thirty (30) days of receipt of the demand letter, Receipt of the email was veri?ed by telephone call (McDaniel to Sergi) on May 8, 2017. Based upon this con?rmation of receipt, the due date for payment was June 8, 2017. Subseth inspections conducted by Department sta?' on April 18, 2017, May 5,2017, andMay 16 2017 observed and worded MW W. Itwasalso operating and had no electrical service for the processing equipment. Facility representatives stated that seven (7) trailers ofpassenger?res were shipped to the VIVA Recycling ?cility in Jacksonville, Florida forprocecsing during this period. On June 8, 2017, VIVA Moncks Corner failed to pay the ??y?two thousand, ?ve hundred dollars combined civil penalty as required under the Department's letter of May 8, 2017 and as speci?ed under the Consent Order of Dismissal. On June 12, 2017, VIVA Moncks Corner failed to submit a certi?ed check to the Department in the amount of two hundred ?men thousand dollars for temporary ?nancial assurance at the Facility, as required by provision 4 on page 3 of the Consent Orderof Dismissal. On June 21, 2017, the Department staff inspected the Facility and observed and recorded blem recon-in blems :1 taken . It was also observed and recorded that the Facility was closed, locked and unattended. Two Berkeley Cotmty Permits were posted on the door (one for electrical, the other for temporary use); but each had expired. Department sta?? noted that the condition of the Page 8 of18 Facility was relatively the same for the past year. Mosquitoes were present in the trailer. parking area and presented a signi?cant problem. 34. As of the writing of this NOAV, there is no evidence that VIVA has attempted to comply with the Order, which states that Moneks Comer agrees to complete removal and processing ofwastetire andpartial shreds to less than 81,000 PTEs atthe Facility.? 35. On June 29, 2017, the Department sent the Notice of Alleged Violation and Notice of Enforcement and Permit Revocation Conference to VIVA Mencks Corner by certi?ed mail, which was received on July 3, 2017- The notice provided the Permittee an Opportunity to show compliance with all law?Ji requirements for retention of the Permit. 36. On July 20, 2017, the Department conducted the Enforcement and Permit Revocation Conference. MI. Marty Sergi represented VIVA Moneka Corner. LAW STATUTE: South Carolina Solid Waste Policy and Management Act of 1991, S.C. Code Ann. ?44?96- 10 gt 11%, (Rev 2002 and Supp. 2016): SC. Code Ann. ?44?96-100 provides "Violations of certain regulations; issuance of order for compliance or civil action for injunctive relief; willful violations; penalty; additional powers and duties of deparmlenL (A) Whenever the department determines that a person is in violation of a regulation promulgated pursuant to this article regarding Sections 44-96-16000 (Used Oil), 4496-17001) (Waste Tires), or (Yard trash, compost), the department may issue an order requiring the person to comply with the regulation or the department may bring civil action for injtmetive reliefin the appropriate court or the department may request that the Attorney General bring civil or criminal enforcement action tmder this section. The dcparlment also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections Page 9 of 18 - 44-96-170CH), or After exhaustion of administrative remedies, 21 person against whom a civil penalty is invoked by the departmentmay appeal the decision of the department or board of the court of common pleas, pursuant to the Amninistrative Procedures Act." 8.6. Code Ann. 44-96-260 (2) provides, "the Department is authorized to: (2) issue, deny, revoke, or modify Permits, regisuations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the Operation of solid waste Went facilitiesLT' S.C. Code Ann. 44-96-2900!) provides, Permit issued pursuant to this article shall contain such conditions or requirements as are necessary to comply with the requirements of this article and theregulations ofthe deparunentand topreventasuhstantialhazard to human health orto the environment. Permits issued under this section shall be e??ective for the design and operational life of the facility, to be determined by the department, subject to the provisions of this article. However, at least once every ?ve years, the department shall review the environmental compliance history of emh Pemrittee. The time period for review for each category of Permits shall be established by the department by regulation. If, upon review, the department ?nds that material or substantial violations of the Permit demonstrate the Permittee's disregard for or inability to comply with applicable laws, regulations, or requirements and would make continuation of the Permit not in the best interests of human health and safety or the environman the department may, after a bee?ng, amend or revoke the Permit, as appropriate and necessary. When a Permit is reviewed, the department shall include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original Permit was based have been changed by statute or amended by regulation. 8.0. Code Ann. 44-96-440 provides, ?It shall be unlaw?rl for any person to fail to comply with the Act and any regulations promulgated pursuant to the Act, or to tail to comply with any Permit issued under the Act, or to fail to comply with any order issued by the Board, Commissioner, or Departmten S.C. Code Ann. 44-96-450 provides, ?Whenever the Department ?nds a person is in violation of a Permit, regulation, standard, or requirement under this article, the Department may issue an Page 10 oflS order requiring the person to comply with the Permit, regulation, standard, or Department may also inrpose reasonable civil penalties established by regulation not to exceed ten thousand dollars for each day of violation.? Each day of noncompliance with an order issued pursuant to this section or noncompliance with a Permit, regulation, standard, or requirement established under this article? REGULATION: 8 S.C. Code Regs. 61-1073 (2015), Solid Waste Management: Waste Tires: Part 11]. Waste Tire Collection Facility Requirements, Section D. Operating Criteria: 1. waste the pile or processed tire pile shall have no greater than the following maximum dimensions: a. Width: ?fty (50) feet; 12. Area: ten thousand (10,000) square feet; and, c. Height: ?fteen (15) feet." 2. ?re lane (50) feet wide shall be placed around the perimeter of each waste tire pile. Access to the tire lane for emergency vehicles must be unobstructed at all times." 3. "The owner or Operator of a waste tire ?cility shall control mosquitoes and rodents to protect public health and welfare. The owner or operator shall implement such mosquito control measures or other pest control measures as may be required by the Department andlor local mosquito control program. Records shall be kept of all mosquito control activities andIor preventive measures and shall be made available was requ Part IV. Waste Tire Processing Facility Requirements, Section A. General Requirements for Waste Tire Processing Facilities: 2. "All waste tire messing facilities shall be operated in accordance with this regulation." 3. waste tire processing facility shall not accept any waste tires for processing in excess of its Pemritmd storage limiL Each waste tire or processed the stored in excess of the Permitted storage limit may be considered a separate violation of this regulation." 4. "At least seventy??ve (75) percent of the waste ?res and processed tires that are both Stored at the facility at the start of a calendar year, and are delivered to the facility during Pagell ofls the year, shall be processed and removed ?'om the facility during the calmidar year." 5. "All waste tire processing facilities shall comply with the location, design, and operational standards of this regulation unless otherwise exeran or approved by the Department." Section B. Location, Design and Operating Criteria: 1. "All waste tire processing facilities shall comply with the location and design criteria of Part of this regulation." 2. "All waste the processing facilities shall comply with the operating criteria of Part 111D of this regulation, unless otherwise exempted or approved by the Department." Waste Tire Processing Permit #082728-5201 as modi?ed on April 29, 2013: A. Special Conditions: 1. "The Pennittee shall adhere to the approved design plans, speci?cations, and operating plans dated June 9,1998; September I, 2002; February 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2013) unless Permit conditions state otherwise." 2. "Waste tires at this facility shall be stored either on the ground in a tire pile or in trailers. Designate storage areas are shown on the approved drawing (received February 22, 2013), and a 50-foot bu?'er must be maintained around the entire tire pile. The total storage limit for waste tires at this facility shall not exceed 1,188 tons, or 99,000 passenger tire equivalents If at any point this limit is reached, the facility shall cease acceptance of waste tires." B. Approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 22, 2013): 1. Approved drawing (revised February 22, 2013) denotes waste tire storage areas as follows: 15 full trailers, a waste tire storage pile, and a second 50'x100'x15? waste the storage pile. Page 12 of18 Settlement Agreement and Consent Order of Dismissal (Docket N0. is attached hereto and incorporated by reference. CONCLUSIONS OF LAW: Solid Waste Managenmnt: Waste Tires Regulation til-107.3, Section A. General Requirements for Waste Tire Processing Facilities, in that VIVA Moneks Corner: 1. Per Findings ofFact 3, 4, 5, 6, 7, 8, 9,10, 14,15,17,18,19, 20, 21, 24, 28, and 31, failed to comply with the requirement that '?All waste tire processing facilities shall be operated in accordance with this regulation." 2. Per Findings of Fact 10, 14, 15, 17, 18, 19, 20, 21, 24, 28, and 31, failed to comply with the requirement that waste tire processing facility shall not accept any waste tires for processing in excess of its Permitted storage limit. 3. Per Findings ofFact 21, 24, 28, and 31, failed to comply with the requirement that ?At least seventy-?ve (75) percent of the waste tires and processed tires that are both stored at the facility at the start of a calendar year, and are delivered to the facility during the year, shall be processed and removed ?-om the facility dining the calendar year." 4. Per Findings ofFact 10, I4, 15, 17, 18, I9, 20, 21, 24, 28, and 31, failed to coniply with the requirement that ?All waste the processing facilities almll comply with the location, design, and operational standards of this regulation unless otherwise exempted or approved by the Deparhnent.? Waste Tire Processing Permit 082728-5201, Special Conditions, in that VIVA Moneks Corner: 1. Per Findings ofFact 10, 14, 15, 1?7, 18, 19, 20, 21, 24, 28, and 31, failed to comply with Special Condition of the Permit that states: "The Permim shall adhere to the approved design plans, speci?cations, and operating plans dated June Page 13 of18 9,1998; September 1, 2002; Febmary 20, 2003; December 18, 2004; November 9, 2007; April 30, 2012 (revised February 22, 2013) unless Permit conditions state othenvise." 2. PerFindings ofFact 10,14, 15,17, 18, 19, 20, 21, 24, 28, and 31, failed to comply with Special Condition NmnberZ ofthe Permitthat states: "Waste tires at?lis facility shall be stored either on the ground in a the pile or in trailers. Designate storage areas are shown on the approved drawing (received Feta-nary 22, 2013), and a 50-foot buffer mustbemaintained around the entiretirePile. The total. storage limitforwaste tires at this facility shall not exceed 1,188. tons, or 99,000 passenger tire equivalents (PTE). diefacility shall ceaseaoceptance ofwasae tires." 3. Per Findings of Fact 10, 14, 15, 17, 18, 19, 20, 21, 24, 28, and 31, failed to comply with Approved design plans, speci?cations, and operating plans dated April 30, 2012 (revised February 22, 2013) that states: "Aprnoved drawing (revised February 22, 2013) denotes waste tire storage areas as follows: 15 full trailers, a SO'xlOObclS' waste tire storage pile, and a second 50'x100?x15? waste tire storage pile." Settlement Agreement and Consent Order of Dismissal (Docket No. Speci?c terms and conditions, in that VIVA Moncks Corner: 1. Per Findings of Fact 26 and 29, failed to submit payment of the civil penalty and stipulated penalty; and, 2 For Finding of Fact 30, failed submit the required tempomry ?nancial assurance for the Facility. Page 14 of 18 nu - . Based on the above ?ndings, it is clear that VIVA Monoks Corner has committed numerous and continuous violations since obtaining its waste tire Pennit in 2013. The noted violations are material and substantial. The Department concludes that VIVA Mencks Corner has violated the South Emeline Solid Waste Policy and Management Act of 1991, S.C. Code Ann. 9; (Rev 2002 and Supp. 2016); 8 S.C. Code Regs. 61?1073 (2015), Solid Waste Management: Waste Tires; Permit Number 082728-5201; Consent Order and, Settlement Agreement and Consent Order of Dismissal (Docket No. 16-AL1-07-0062-CC). The Department further concludes that the material and substantial violations that VIVA Moneks Corner has committed demonstrate its disregard for and inabith to comply with applicable laws, regulations, or Permit conditions, As such, the Deparh'nent concludes that continuation of the Permit is not in the best interests of human health and safety or the environment and that revocation of the Permit is NOW, THEREFORE IT IS ORDERED pursuant to the South Carolina Solid Waste Policy and Management Act of 1991 (Rev. 2002) that Permit Number 082728-5201 is hereby revoked. IT IS FURTHER ORDERED pursuant to the South Carolina Solid Waste Policy and Management Act of 1991 (Rev. 2002.) and Regulation 61-1073 (rev. 2015) that: 1. Upon the effective date of the Order, the Department shall remove VIVA Mencks Corner from the Waste Tire Rebate List; Upon the ef?ctive date of the Order, VIVA Moncks Corner shall immediately cease all waste tire collection and processing Operations at the Facility and begin closure of the Facility as follows: 3. Within ?ve (5) days of the effective date of the Order, post closure signs at the Facility; b. Within thirty (30) days of the effective date of the Order, submit 3. Closure Plan to the Department for the removal auditor processing of all waste tires, partial waste Page 15 of18 tires, shreds, used tires, tire delivered fuel, granulated waste the products, side walls, metal?ornwastetireprocessing, and solid wasteat?seFacilitywithmsix (6) months of the Department's approval of the plan. If waste tires are to be processed under the Closure Plan, the plan shall describe the Speci?c processing equipment that will be used, the expected throughput per hour for each shredder and side wall cutter, the number of operational hours per day, and the processing days per week. The Closure Plan shall provide 1) the Permitted solid waste management facilities and companies that will receive waste time, products and solid waste, 2) the registered waste tire haulers and companies that shall transport waste tires, products and solid waste; 3) timelines for closure activities; and 4) included a progress rcport to the Department that shall be due on the tenth day of each month for the previous month. The progress report shall include, but not be limited to, the following: i. removed from the Facility, the destination of each shipment, and the costs for each shipment; ii. Tons of processed waste tires, used tires, and side walls removed from the facility, the destination of the processed waste tires, and the net pro?t for each shipment; and, Tons of metal ?'om waste tire processing and solid waste removed from the Facility, the destination of each shipment, and the costs for each shipment: c. If the Department requests any revisions to the Closure Plan, VIVA Moncks Corner shall provide revisions to the Department within ten (10) days; and, d. Within ?ve (5) days from receipt of the Department's written approval ofthe Closure Plan, VIVA Moncks Corner shall implement the plan; 3. Within ?ve (5) days of the effective date of the Order, VIVA Moncks Corner shall obtain a third party company to provide mosquito control and start control measures. Mosquito controls shall be continued until closure of the Facility is complete and approved by the Department; and, Page 160f18 4. Within thirty (30) days of the effective date of the Order, pay a combined civil penalty and stipulated penalty in the amount of fifty-two thousand, ?ve hundred dollars for violation of Settlement Agreement and Consent Order of Dismissal (Docket No. IT IS FURTHER ORDERED that a civil penalty in the amount of one million six hundred forty-seven thousand three hundred seventy two dollars is hereby assessed against VIVA Moncks Corner for the violations cited herein; however, the civil penalty shall be suSpended pending compliance with the requirements of this Order. If VIVA Moncks Corner fails to comply with any terms of this Order, the full penalty shall immediately become due and payable upon the issuance of a demand letter to VIVA Moncks Corner for payment of the suspended civil penalty. 11' IS FURTHER ORDERED that this Administrative Order governs only the liability to the Department for civil sanctions arising from the civil matters set forth herein and constitutes the entire requirements between the Department and VIVA Moncks Corner with respect to the resolution of these civil matters. IT IS FURTHER ORDERED that failme to meet deadlines established herein or any other violation of the provisions of? this Administrative Order may be deemed a violation of the Act. Upon ascertaining any such violation(s), the Department may initiate action to obtain compliance with this Administrative Order, the Regulation, and the Act. IT IS SO ORDERED. Page 1? of18 FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ?zz??m g2 Date: 2) Myra Reece 1 Director of Environmelnal A?'airs 74mg Datez?/zs/l?l . eel,Ch1ef Bureau ef Land and Waste Management . Dams/25am Reviewed by: Attorney I 1? Of?ce of General Counsel 2 Attachments: 1. Consent Order 2. Settlement Agreement and Consent Order of Dismissal (Docket No. Page 18 ONE Attachment 1 Consent Order IN THE STATE OF SOUTH MOLINA BEFORE DEPARTMENT OF HEALTH AND CONTROL IN RE: VIVA RECYCLING OF SOUTH CAROLINA, LLC VIVA RECYCLING OF SOUTH CAROLINA. LLC (FACILITY) BERKELEY COUNTY CONSENT ORDER mos-aw ThisConscmOrdetder) {sentereditmhm'am thaDepartmanand VIVA Recyc?ngofSouthCm-o?na, LLC (VIVA Racyclintho resolve viotatims presented bani? negmdiugthe Sguth Camlim Solid Waste Policy and Management Act of 1991 (Act) (Rev. 2002) and minted regulations. 1.- FINDINGS OF FACT On June 9, 1998. the Dam-ant issued :1 Waste momma. ppmitnmberomml (Fm-mun Rubber Recovery. Inc, for?teopmtinn 111 Old DepotRoad, Month magmas-01in. OnApril 29. a pumit'modi?cation and tmnsihr ofowncrahip ufthis Permit hum Rubber Recovuy. Inc. a: VIVA nfSouth Carolina. we (VIVA This modi?cation mailman Win waste ?restorm: limits.an updatedopurhtlonal plan, ?acadd?ionofnewequigment, drawingmnewwastetitc stung: Hmitwas increased ?'om307 Innate 1,188 tons. In min On August 27. 2014, the Deparuncnt conductnd a muting compliance inspection ofthe Facility. The The ?rth: inspection. Pagelnf8Pagaa . 0n Septe?mberdt, 20?,thde hrspee?nn of?wm. The Department We: {Medley and Wiltiame} observed and memde? on the Enspee?onfonn that ?re lanesmoutofeom?enmbom penni?ed andthe prim ehmdderwas downforregei?. Mr. Chief Operating OFEeer, was prematfor the hasme?on. . On September 10,2014.Depamnemnemnnel (Cook, Bremen, Sweenmd Wheatleykondueted a routine outnpl?ianee inspection of the Facilily. The Depaxtnem inspected (Medley) observed and weed on the inspection ?mnlhat thereweiena changeeatthe Pae?hysineetheSeprwQ 2014 inmo?on, in thanks ?re lanesand tirepilee were still Mofeomplience. Ms. Willis was preemtfer the W011. . On Quiche; 3, 2014. VIVA Rem-cling was re?ned to the Depa?mnt?s Enforcement Seetirm. . On We!? 14, 20?, Department personnel (Bunwnson, 9:1me and Williams) conducted a routine eomp?meeinspationofthe Facilitymd measured the?repilea. observedmd recorded?lefonowmg: a. [wide the main building. waste tires stored in rows were being set up forthe buf?ng piles ofweste ?nes blocked dock entrances. b. Ap?e of'wastetiteswesupngainetone lOfeetx3.S feet: and. apprmimately 400 - 450 waste tines wdre stacked against the building. c. Apileofwaste?resin the wastetiresml-ege unmeasured 297feetx75?etx10feel. No ?re Immexisied between ?rewasw?remge men and snilfmuleldemmb whim-pile. e. Apileofmime?memm?rewaste, soil,end waymmlineend measured :01 feet}: 120feetx15feqwas in appenved :2th drawing dated April 29. 2013. ?nished chip pile For ?unk per the approved permit drawing dated April 29, 2013. g. Waste?rcswereebeervedin Facility. 11. A theth measuring 150 feet: 146 feet: 15 feetblacked all baysto loadingdoeks -4 and extended to the building. PageZOfSPages