* Updated May 29, 2019

Summary

The S.C. Department of Health and Environmental Control has revoked the waste tire processing permit and imposed a civil penalty of $1,647,372 against VIVA Recycling of South Carolina LLC (VIVA MC) for repeated violations at its Moncks Corner waste tire processing facility.

Timeline

• In January 2019, Berkeley County requested and was awarded up to an additional $1.5 mil. to complete the project. Liberty Tire Recycling continued removing tires from the site, and in April of 2019 DHEC verified that the project was completed.
  
  A little more than 13,500 tons of tires where removed from the site, at a rate of $239 per ton, for a total cost of just over $3,226,500. 

^{*VIVA Recycling - April 25, 2019}

• On May 15, 2018, DHEC issued a $2 mil. grant to Berkeley County for the removal of the tires from the Viva Moncks Corner facility. Berkeley County performed a competitive solicitation and selected Liberty Tire Recycling to perform the cleanup. Liberty Tire has three permitted facilities in North and South Carolina to which they were allowed to deliver tires in accordance with their contract.
• On June 29, 2017, DHEC took steps to revoke VIVA MC's permit and take other enforcement actions. After a conference with the company's representative on June 30, an order was issued revoking the permit and forcing closure of the facility. That order was effective on September 14, 2017.
• An inspection on June 21, 2017 found the facility locked and unattended. The inspection noted that the facility remained largely as it had been since power was lost at the site and that no efforts had been made to reduce the number of tires.
• On May 8, 2017, the Department issued a demand letter for the $52,000 penalty for failure to meet the terms of the agreement. On June 12, 2017, VIVA MC failed to establish the required additional financial assurance of $215,000.
• On April 17, 2017, VIVA MC agreed to a settlement requiring cleanup of excess tires at the facility, mosquito control, and payment of a combined $52,500 penalty and establishment of additional financial assurance to cover excess tires at the site.
• In 12 additional inspections between October 20, 2016 and April 11, 2017, the facility remained without power and out of compliance.
• An ALC hearing was held September 22-23, 2016. On October 10, a DHEC inspection noted that a fire had damaged the facility and shut off the electrical power. In addition, the facility was closed while an arson investigation was conducted.
• On January 11, 2016, DHEC ordered VIVA MC to stop accepting tires. The company appealed to the DHEC Board, which rejected the appeal on February 5, 2016. VIVA MC then appealed to the S.C. Administrative Law Court (ALC), effectively barring enforcement of the order. During this time, the tire pile grew to approximately 290,000 and operational conditions worsened.
• No improvement was found during eight inspections between September 2015 and January 2016, and the overall number of tires had grown to an estimated 220,000 PTEs.
• On June 17, 2015, DHEC issued an order including a $12,000 penalty to be paid by December 31, 2015 for operational issues including improper storage of waste tires, lack of fire lanes, and size of tire piles.
• VIVA MC was granted a permit in February 2013 to process up to 99,000 passenger tire equivalents (PTEs).

Next Steps

The $1.6 million fine will be due on October 17, 2017 unless conditions outlined in the order are met. These include contracting a third party to begin mosquito control, filing a closure plan, and paying a previous $52,000 fine in full.

Additional Information

• Administrative Action - (PDF) - (effective September 14, 2017)

Below is a picture showing current conditions at the site. The picture shows in detail the number of tires at the facility. Please note that all buildings and trailers in these pictures are also completely full of waste tires.