DSHW-2018-004809 - 0901a0688082b581

DSHW-2018-004809 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director
June 4, 2018 David Rawson
Operations Manager
Recycled Earth LLC PO Box 3241 Ogden, Utah 84409
RE: Nuisance Compliance Issues
Recycled Earth LLC 3027 Midland Drive, Ogden, Utah Dear Mr. Rawson:

The Division of Waste Management and Radiation Control and the Weber-Morgan Health Department received compliance-related complaints in April and May 2018 dealing specifically with nuisance bird issues at the referenced facility. Representatives of the Division and Health Department met with you at your facility in response to these complaints. The Division documented nuisance bird conditions and
determined that the nuisance issues were due, at least in part, to single stream and construction and
demolition (C&D) materials storage piles. Specifically, the Division determined that non-recyclable solid waste comingled with single stream and C&D materials that have been received at the facility are attracting birds and creating nuisance conditions.
As discussed with you during the site visits and in order to alleviate the nuisance issues, the Division is
requiring that the following conditions be implemented by Recycled Earth: 1. The facility shall move all single-stream recyclable material storage inside the Material Recycling (MRF) building by June 15, 2018. The Division understands that Recycled Earth expects to receive occupancy approval of the building before that date. If Recycled Earth is
unable to meet the June 15, 2018 deadline due to occupancy issues, you are required to notify the Division prior to that date with a schedule for occupancy; 2. The facility shall immediately implement procedures to better inspect incoming loads to ensure that loads containing non-recyclable solid waste are rejected prior to being off-loaded
and sent for proper disposal. The Division documented non-recyclable solid waste materials or garbage, particularly in the commercial C&D material storage piles. This material, when
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stored outside, is creating the nuisance issues with birds and odors. Loads containing these
materials should be inspected to ensure that no non-recyclable solid waste is accepted at the
facility. Rejected loads should be sent to the Weber County Transfer Station or other permitted location for disposal; 3. The facility shall post signs at the front gate notifying customers of materials accepted at the
facility; and
4. The facility shall continue to employ other measures to mitigate nuisance issues, including the continued use of bird alarms and shrill guns as necessary.
The facility will be inspected periodically by Division staff to determine compliance with the above
conditions, Plan of Operation approval and with the requirements of R315-313-2 and R315-302-2 of the Utah Administrative Code. If the nuisance compliance issues cannot be mitigated, further enforcement actions may be taken.
If you have any questions, please call Patrick Sheehan at [phone].
Sincerely,

Scott T. Anderson, Director Division of Waste Management and Radiation Control STA/PJS/kl

c: Brian Bennion, Health Officer, Weber-Morgan Health Department Michela Harris, Environmental Health Director, Weber-Morgan Health Department