The Bullet:
The DNREC issued an NOV (Notice of Violation) to a commercial composting company based on information it provided in its quarterly report and an inspection of the site. Potential violations include exceeding the facility’s limits for on-site storage of yard and wood waste and the presence of plastic bags at the site.
Who:
DNREC – Department of Natural Resources and Environmental Control (Delaware) – Solid & Hazardous Waste Program
Wilmington Organic Recycling Center is the location of alleged violations.
Peninsula Compost Company, LLC is the Owner/Operator of site.
What:
Alleged violations documented on the NOV:
- Quarterly report showed that the storage limits for yard and wood waste overs exceeded the storage limits established in the BUD. A Beneficial Use Project Determination, or BUD, establishes the limits within which a composting facility such as this must operate.
- Acceptance of prohibited waste – non-compostable plastic bags.
- Plastic continues to be abundant throughout Peninsula’s composting process with minimal effort to eliminate the contamination.
- Prohibited waste, especially plastic residual waste from the screening process, was stored on the ground with no enclosure.
Where:
Peninsula Compost Company, LLC and the Wilmington Organic Recycling Center are both located in Wilmington, DE
When:
Violations were noted on May 5, 2014.
Enforcement action served June 26, 2014.
Why:
Though facilities such as this are not subject to the high level of regulation as a hazardous waste TSDF, they still must comply with State and Federal regulations designed to protect the environment. It seems clear from the alleged violations of this NOV, that the presence of plastic in composted material is a concern of the DNREC.
How:
Under Subtitle D of the Resource Conservation and Recovery Act (RCRA) the management of solid waste that is not a hazardous waste is primarily the responsibility of the State and not the US EPA. Delaware exercised this authority to ensure the protection of the environment and the related health and safety of its citizens.
Conclusion:
It’s not only violations of the hazardous waste regulations that can result in NOVs and fines. If you ship your non-hazardous waste to a facility such as this, be sure to perform an audit of its operations to determine if it is compliance with State and/or Federal regulations.
Contact me if you have any questions about the management of hazardous or non-hazardous waste.
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