International Tie Disposal seeks stormwater disposal permit

Nov. 24—HAMLET — International Tie Disposal, LLC, is seeking a permit to discharge stormwater from their Richmond County facility into Mill Creek and the Lumber River Basin.

The Division of Energy, Mineral, and Land Resources (DEMLR) is inviting public comment and objection to the permit. All comments received through Nov. 30, 2023, will be considered in the final determinations regarding permit issuance and permit provisions, according to the North Carolina Department of Environmental Quality website. Public comments may result in changes to the proposed permitting actions.

International Tie Disposal is in the biochar business. Biochar is a carbon-rich material that is made from biomass through a thermochemical conversion process known as pyrolysis.

Under the proposed permit, International Tie Disposal would be authorized to discharge stormwater (runoff) to the surface water of North Carolina or a separate storm sewer system that has been adequately treated and managed. Any point source discharge (pipe, ditch or tunnel water) would be prohibited.

To prevent major spillage, "A responsible person shall be on-site at all times during facility operations that have potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations," states the permit. Incidents that must be reported to a regional officer include oil spills of 25 gallons or more, a release of hazardous substance, visible sedimentation in a stream or wetland or non-compliance with the permit that may endanger health or the environment.

In a letter from the National Pollutant Discharge Elimination System to Polivka International, who owns International Tie Disposal, it states that the facility drains into the area of an endangered species, the Red-cockaded woodpecker.

"Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act," states the letter.

Anyone wishing to comment on the proposed permit should submit their suggestion to:

Stormwater Program Contact: Brianna Young — 919-707-3647

DEMLR Stormwater Program

512 North Salisbury Street, Raleigh, NC 27604

1612 Mail Service Center, Raleigh, NC 27699-1612

All comments should reference permit number NCS000613.

Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit.

Ongoing lawsuit

A legal battle between International Tie Disposal and local residents remains ongoing and has been submitted to the North Carolina Supreme Court.

On December 3, 2020, Chad Gardner, Lisa Gardner, Lonnie Norton, Hope Norton, the Town of Dobbins Heights, and the City of Hamlet filed a lawsuit against Richmond County in Superior Court, seeking a declaratory judgment that the rezoning of the Marks Creek property to heavy industrial (in order to make way for the biochar facility) is void and of no effect. The lawsuit stated that the rezoning would directly and adversely affect the plaintiffs.

The complaint stated that the toxins and emissions from the facility could "contaminate and pollute the ground and surface waters that feed into the water supply of the Municipal Plaintiffs, which in turn, could result in negative and adverse health effects to their citizens and residents."

After nearly two years, on May 2, 2023, the North Carolina Court of Appeals published its opinion to dismiss the lawsuit. A month later, the plaintiffs filed a petition for discretionary review to the NC Supreme Court, where a decision remains pending.