Clayton auto dismantler ordered to stop operations by Delaware Agency

By Paul Ploumis (ScrapMonster Author)

August 08, 2016 08:02:46 AM

LINCOLN (Scrap Monster): The Delaware Department of Natural Resources and Environmental Control (DNREC) has issued a Cease and Desist order to McGinnis Auto & Mobile Home Salvage, LLC and its owner Martia McGinnis for violation of state regulation governing solid waste.

The Department had conducted a site visit at the facility during February last year in order to determine the facility’s compliance with Delaware’s Regulations Governing Solid Waste. The DNREC inspectors had observed two statutory violations and one regulatory violation during the visit. Further, the company was instructed not to add any more additional waste to the waste pile. Also, the company was issued a Notice of Violation (NOV) to this effect.

As per the NOV, McGinnis Auto & Mobile Home Salvage, LLC was required to submit a detailed plan for the cleanup and removal of the waste, including a timetable for the cleanup operations to commence and an anticipated date of completion. It was also required to file a completed Resource Recovery Facility Permit Application before December 15th, last year.

The company submitted a solid waste removal plan in September, stating that the solid waste removal would be completed by July 2016. However, it failed to submit a permit application before the Dec 15th deadline. According to DNREC authorities, the company has not submitted a permit application till date.

The concerned authorities conducted a follow-up site visit at the facility on March 30th this year. The representatives observed the same violations identified during the first visit. It noted that the facility had failed to comply with the NOV. Apart from that, it found that the facility had added more waste consisting of discards of lumber, wallboard, plastics, insulation and metals to the original waste pile, in violation of the instruction issued in February 2015. Although McGinnis Auto & Mobile Home Salvage, LLC claimed that it has removed some waste from the waste pile, it failed to provide an estimate of the volume. Neither could it submit documentation of proper disposal.

The facility owners claimed that the permit application has been forwarded to the company’s attorney who in turn would contact the Department. However, DNREC authorities stated that the attorney has not yet contacted them. The site requires permit from the Department for operations carried out at the facility including bringing in solid waste, storing and processing them for reuse or recycling. It noted that the facility has long been operating without possessing necessary permits.

The Department has now ordered the company to immediately cease and desist receiving and dismantling mobile homes and construction and demolition waste. It also requires the company to properly dispose of or recycle all solid wastes and other waste in the premises within 30 days. McGinnis Auto & Mobile Home Salvage, LLC is also required to provide written documentation to the Department confirming the proper disposal or recycling. For restarting the operations, it is required to submit a completed Resource Recovery Facility Permit Application.

McGinnis Auto & Mobile Home Salvage, LLC is a privately held company located in 4160 Downs Chapel Road, Clayton, DE.