June 12, 2023

First Class & Certified Mail – 9214 8969 0099 9790 1423 5711 36
Ms. Suzanne Conway
Williamsburg Recycling, LLC
PO Box 262
Huger, SC 29450
Re: Notice of Alleged Violation/Notice of Enforcement Conference
Williamsburg Recycling, LLC
Permit ND0086185
Williamsburg County

Dear Ms. Conway:

Enclosed is a Notice of Enforcement Conference issued by the S.C. Department of Health and
Environmental Control for the reasons explained therein. This informal conference will provide
you with the opportunity to disprove the alleged violations and to present any extenuating
information that may mitigate the gravity of the violations.

Enclosed is an informational sheet entitled “An Overview of the Administrative Enforcement

Process.” This guide has been designed to answer the questions most often asked about the
enforcement processes.

This correspondence is being sent to you by first class mail and certified mail to better ensure
delivery. If you have any questions about the notice, you may call me at (803) 898-7630. I will
be glad to assist you.
Sincerely,

Brandon Kersbergen, Enforcement Project Manager

Bureau of Water - WP Control Division
WP Compliance and Enforcement Section
cc: Charles Williams, SCDHEC, WP Enforcement and Compliance Division
Brenda Green, SCDHEC, Water Facilities Permitting
Matt Maxwell, SCDHEC, Pee Dee Region, Director
Sara Martinez, Esq., SCDHEC, Office of General Counsel
Beth Partlow, Attorney, Elizabeth B. Partlow, LLC
 THE STATE OF SOUTH CAROLINA
BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

IN RE: WILLIAMSBURG RECYCLING LLC.

WILLIAMSBURG COUNTY

NOTICE OF ALLEGED VIOLATION/NOTICE OF ENFORCEMENT CONFERENCE

Williamsburg Recycling, LLC is hereby notified that an enforcement conference has

been scheduled for Thursday, July 20, 2023, at 1:00 PM, in Room 4011, in the offices of the
Bureau of Water, 2600 Bull Street, Columbia, South Carolina. All visitors must enter the
building through the main lobby on the Bull Street side of the complex. You will be required
to sign a Visitor’s Log and receive a Visitor’s Badge before entering the building.
Representatives of have the opportunity to be present at this conference to discuss the alleged
violations of the Pollution Control Act and Water Pollution Control Permits cited herein.

Representatives of Williamsburg Recycling, LLC may be accompanied at the conference by

legal and/or technical counsel. Please provide at least three (3) days advance notice should
Williamsburg Recycling, LLC decide to invite legal counsel. The possibility of a Consent
Order may be discussed.

This Notice is based upon the following findings of the South Carolina Department of Health
and Environmental Control:

1. Williamsburg Recycling, LLC (WR) owns and is responsible for the proper operation and

maintenance of a bio-composting facility (Facility) located on Parker Road near Santee

Road in Andrews, South Carolina.

2. The South Carolina Department of Health and Environmental Control (Department) issued

State Land Application Discharge Permit ND0086185 (ND Permit) to WR, granting

permission to distribute and market composted sewage sludge. WR submitted a timely and

administratively complete permit renewal application and permit coverage has been

administratively continued while the permit renewal application is under review.

3. On August 2, 2018, the Department and WR entered into Consent Order 18-031-W that:

limits the acceptance of sludge into the Facility; required confirmation to the Department

that any material not meeting storage requirements has been properly processed or
 disposed; required a site assessment plan for the soil, groundwater and surface water in any

areas where sludge may have been stored, windrowed or applied; and required a modified

corrective action plan and a schedule of implementation to achieve compliance with the

ND Permit. At the time of this Notice, Consent Order 18-031-W remains open.

4. The Department sent a letter to WR stating its intention to deny the permit renewal

application on January 22, 2020, alleging a failure to adequately address Department

comments. This letter was withdrawn on June 25, 2020, in order to review additional

information submitted by WR.

5. On January 13, 2021, the Department sent a draft permit to WR for their comment. The

draft permit was placed on public notice on May 21, 2021, and public hearings were held

on June 23 and June 24, 2021.

6. On March 21, 2022, Department staff conducted a site visit at the Facility and observed

items needing to be addressed. The Department sent an email on May 3, 2022, to a

representative of WR describing these items, including but not limited to: coverage of

material and ensuring it is not in contact with the ground unless it is being processed,

implementation of best management practices to prevent any material from entering the

wetlands, and verification of the method of composting being utilized.

7. On November 17, 2022, a Department inspector conducted a Wastewater Compliance

Evaluation Inspection (CEI) of the Facility. Photographs were taken to document the

Department’s observations during the CEI.

8. On December 7, 2022, the Department issued a letter to WR via priority mail regarding the

CEI conducted on November 17, 2022. The letter included a copy of the CEI report and

notified WR that it had received a non-compliant rating. The letter requested a response

within fifteen (15) days.

9. On January 6, 2023, a representative of WR submitted documents to the Department via

the ePermitting database in response to the wastewater CEI inspection. The documents

included: a response letter, a copy of the SWPPP dated March 2021, a copy of the Routine

Facility Inspection Report/Comprehensive Site Inspection Report dated January 3, 2022,

and copies of Quarterly Visual Assessments for the BCG dated July 1, 2021, October 1,

2021, January 3, 2022, March 25, 2022, September 6, 2022, November 28, 2022, and

December 16, 2022.

10. On January 11, 2023, the Department issued a Notice of Inadequate Response via certified

mail to WR which specified items that were not addressed or inadequately addressed,

including but not limited to the lack of batch records with time, temperature, and composter

operating times.

11. On January 12, 2023, a representative of WR submitted additional documents to the

Department via the ePermitting database. The documents included a response letter,

comments from WR in response to the photographs taken by Department staff and the

following attachments: an Odor Abatement Plan; Annual Reports of the Facility for 2018,

2019, and 2021; Time and Temperature data for various dates ranging from October 2,

2017, to December 31, 2022; Quarterly Reports of the Facility for the 1st, 2nd and 3rd

quarters of 2018, all quarters of 2019, the 1st and 2nd quarters of 2020, and all quarters of

2021 and 2022; Laboratory Certificates of Analysis for the testing of compost samples

taken on February 18, 2018, February 7, 2020, May 20, 2021, February 25, 2022, July 8,

2022, and October 31, 2022; a Laboratory Certificate of Analysis for the Charleston Water

System’s Plum Island sludge dated October 19, 2018; and photographs of plastic wrapped

signs that specify emergency contact phone numbers for the Facility.
12. On January 27, 2023, a representative of WR submitted additional documents to the

Department via the ePermitting database. The documents included a response letter

explaining that sludge received at the Facility is processed the same day it is delivered and

leachate is generally not created or discharged to surface waters. The letter also included

the following attachments: a Site Assessment Plan revised March 2020; Batch records

including time and temperature data for 2021 and 2022; a Nutrient Management Plan

revised March 2020 and a Corrective Action Plan dated October 31, 2018, along with

confirmation that versions of these documents were submitted on October 31, 2018, in

accordance with a consent order issued by the Department.

13. On February 15, 2023, the Department issued a Second Wastewater Notice of Inadequate

Response via certified mail to WR in response to documents submitted associated with the

November 17, 2022, CEI. The notice informed WR that it was being referred to the

Enforcement section due to its failure to adequately address the deficiencies noted in the

November 17, 2022, inspection.

14. Between March 26, 2023, and April 14, 2024, the Department conducted multiple

complaint and follow up investigations at the facility. In each instance, odors were detected

and staff observed sludge located on the receiving pad. The Department issued a Notice

of Deficiency as a follow up to each of these investigations alleging WR was not complying

with their submitted Odor Abatement Plan and stating WR was being referred to the

Department’s Enforcement section for further action.

From the above findings, the Department alleges Williamsburg Recycling, LLC violated the
Pollution Control Act, the Water Pollution Control Permits Regulation, and its State Land
Application Discharge permit as follows:

Williamsburg Recycling failed to maintain a complete log of all operations at the facility and failed
to control or abate odor as required by Permit ND0086185.
Williamsburg Recycling is further notified that failure to attend the scheduled enforcement
conference may result in the issuance of an Administrative Order without its consent. Such
an Order may contain the above findings and may impose monetary penalties.

This Notice is made pursuant to the Pollution Control Act, 48-1-50, which authorizes the
Department to issue Orders and the Pollution Control Act, 48-1-330, which authorizes the
Department to assess monetary penalties.

June 12, 2023

Brandon Kersbergen, Enforcement Project Manager
Bureau of Water – Water Pollution Control Division
Water Pollution Enforcement Section