THN, STATE OF SOUTH CAROLINA
BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
IN RE: WILLIAMSBURG RECYCLING LLC
BIO.COMPOSTING FACILITY
PERMIT NDOO86185
WILLIAMSBURG COUNTY
ADMINf,STRATTVE ORDER
2r-023-f
Based upon the following findings of fact and conclusions of law, the South Carolina Department
of Health and Environmental Control (Department) has found that Williamsburg Recycling, LLC violated
the Pollution Control Act, S.C. Code Ann. 948-l-10 et se4.; S.C. Code Ann. Regs. 6l-9, Water Pollution
Control Permits; and its State Land Application Discharge Permit ND 0086185 (ND Permit).
FINDINGS OF FACT
l. Williamsburg Recycling, LLC (WR) owns and is responsible for the proper operation and
maintenance ofa bio-composting facility (Facility) located on Parker Road near Santee Road
in Andrews, South Carolina.
2. The Department issued the ND Permit effective on May l, 2008, authorizing the distribution
and marketing of composted sewage sludge from approved domestic wastewater treatment
plants. At the request of WR, the Permit was modified on April 28,2014. 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. The ND Permit provides that WR must control any nuisance conditions that may occur due
to operations at the Facility. It further provides that the Department may require additional
control measures if it becomes aware of nuisance conditions such as odor.
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4 Based upon the results of complaint investigations relating to odors and unsatisfactory rating
during two Wastewater Compliance Evaluation Inspections (CEI), the Department and WR
entered into Consent Order l8-031-W on August 2,2018, that: limits the acceptance ofsludge
into the Facility; required confirmation to the Department that any material not meeting
storage requirements has been properly processed or reprocessed in accordance with the ND
permit or disposed at an approved landfill or wastewater treatment plant; 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. Consent Order l8-
03I-W remains open.
5 On March 21, 2l22,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 wetlands, and verification ofthe
method of composting being utilized.
6. The Department conducted a Wastewater Compliance Evaluation Inspection (CEI) of the
Facility on November 17,2022. Photographs were taken to document the Department's
observations during the CEI. Based upon the deficiencies found during the inspection, the
Facility received a non-compliant rating.
7 The Department has conducted frequent site visits at the Facility and has sent correspondence
to WR describing observations from these visits which included the failure to provide 2022
annual TCLP test results on sludge-derived material as required by the ND Permit.
8 Between March 6, 2023, ard April 14, 2023, the Department conducted multiple odor and
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fly complaint investigations and follow-up visits to the facility. In each instance, odors were
detected. In one instance, staffobserved sludge on the receiving pad.
9 On June 12,2023, the Department issued a Notice of Alleged Violation and Enforcement
Conference (NOAVNOEC) to WR via certified mail. The certified mail was delivered on
June 15,2023.
10. On July 20, 2023,ihe Department held an enforcement conference with representatives of
WR to discuss the alleged violations and the possibility ofa Consent Order containing a civil
penalty.
11. On October 5,2023, the Department sent and conflrmed delivery of a proposed Consent
Order to Beth Partlow (Ms. Partlow), an attorney representing WR, via electronic mail (e-
mail) and requested a response within fifteen (15) days ofreceipt. Ms. Partlow requested an
extension to respond to the proposed Consent Order and timely submitted WR's proposed
revisions to the proposed Consent Order on November 3, 2023.
12. On November 21,2023, the Department sent and confirmed delivery of a revised proposed
Consent Order to Ms. Partlow via e-mail and requested a response within fifteen (15) days of
receipt. On December 6,2023, Ms. Partlow submitted WR's revised proposed revisions to
the proposed Consent Order.
13. On January 2,2024, the Department sent and confirmed delivery of a revised proposed
Consent Order to Ms. Partlow via e-mail and requested a response within fifteen ( 15) days of
receipt. Ms. Partlow requested an extension to respond to the proposed Consent Order and
timely submitted WR's proposed revisions to the proposed Consent Order on lantary 26,
2024.
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14. On February 20,2024, the Department sent and conJirmed delivery of a Consent Order to
Ms. Partlow via e-mail and requested a signed copy of the Consent Order within ten (10)
business days ofreceipt. WR failed to respond.
15. Since issuing the NOAVNOEC, the Departrnent has conducted numerous complaint
investigations which have required visits to the facility. During these investigations, odors
have persisted, and the Departrnent has confirmed.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Deparhnent has reached the following
Conclusions of Law:
1. WR violated the Pollution Conhol Act, S.C. Code Ann. $ 48-1-110(d) and the Water
Pollution Control Permits Regulation, S.C. Code Ann. Regs. 6l-9.122.41(a), in that it failed
to control or abate odor as required by ND Permit and perform an annual TCLP test on sludge-
derived material.
2. The Pollution Control Act, S.C. Code Ann. $48-l-50(5) authorizes the Department to issue,
deny, revoke, suspend or modift permits, under such conditions as it may prescribe for the
discharge of sewage, industrial waste or other waste or air contaminants or for the installation
or operation ofdisposal systems or sources ofparts thereof; provided, however, that no permit
shall be revoked without first providing an opportunity for a hearing.
3. The Pollution Control Act, S.C. Code Ann. $48-1-330, provides for a civil penalty not to
exceed ten thousand dollars ($10,000.00) per day of violation for any person violating the
Act, regulation, permit, permit condition, final determination, or Order of the Department.
NOW, THEREFORE, IT IS ORDERED' pursuant to the Pollution Control Act, S.C. Code Ann. $
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48-l-50. that WR shall:
I Operate and maintain the Facility in compliance with the ND Permit and all regulatory
requirements.
2 Within thirty (30) days of the execution date of this Administrative Order, pay a civil penalty
in the amount of twenty-three thousand dollars ($23,000.00).
IT IS FURTHER ORDERED that this Administrative Order govems only the civil liability to the
Department for civil sanctions arising from the matters set forth herein.
IT IS FURTIIER ORDERED that failure to comply with any provision of this Administrative
Order shall be grounds for firther enforcement action pursuant to the Pollution Control Act, S.C. Code
Ann. $ 48-1-330, to include, but not limited to, the assessment of additional civil penalties and
enforcement ofthe said Administrative Order in the appropriate court.
tT IS FURIITER ORDER"ED that the "execution date" of the Administrative Order is the date
the Administrative Order is signed by the Director of Environmental Affairs and that the "service date"
of the Administrative Order is the date the Administrative Order is mailed by Certified Mail to
Williamsburg Recycling, LLC. Pursuant to S.C. Code Ann. $ 44-l-60, this decision of the Department
becomes the final agency decision fifteen ( l5) days after notice ofthe decision has been mailed, unless a
written request for final review is filed with the Department by the applicant, permittee, licensee, or
affected person.
All communications resardins this Administrativ e Order, civil tv DaYments, and Administrative
Order requ irements shall include the Adm TNIS trative Order number and be addressed to:
Attn: Brandon Kersbergen
SCDHEC - Bureau of Water
WP Enforcemenl Section
2600 Bull Street
Columbia, S.C. 29201
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IT IS SO ORDERED.
ISTGNATURE PAGE TO FOLLOWI
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SOUTH CAROLINA DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL
Date 4-tt -zo z*
Myra C.
Director of Environmental Affairs
q Date 4 .8,20e4
J ennl R. Hughes, Chief
Bureau of Water
Reviewed By:
out., t't-t[ ]O)'$
Attomey
Office of General Counsel
