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HomeMy WebLinkAboutWT002652_NOCV_20190501 nn4 ROY COOPER Governor MICHAEL S.REGAN ` �, "� •'2 Secretary S.DANIEL SMITH NORTH CAROLINA Interim Director Environmental Quality May 1, 2019 CERTIFIED MAIL: 7013 1710 0002 1922 0336 RETURN RECEIPT REQUESTED Michael Steven Smith 512 Edgewood Street Kernersville,NC 27284 Subject: NOTICE OF CONTINUING VIOLATION (NOV-2019-PC-082) Site Number: WT002652 Unpermitted Junkyard at 4400 Glenn Hi Road Forsyth County Dear Mr. Smith: On April 10, 2019, Brandon Wise inspector with the North Carolina Department of Environmental Quality (NCDEQ)—Division of Energy, Minerals, and Land Resources, visited the subject site located at 4400 Glenn Hi Road in Kernersville, Forsyth County,North Carolina. The site visit and file review revealed that neither you nor Audrey Cobbler Smith have applied for, nor obtained coverage under, a National Pollutant Discharge Elimination System (NPDES) General Permit No. NCG100000 (Used Motor Vehicles) for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to Swaim Creek a class "C" river the Yadkin-PeeDee River. While on site NCDEQ spoke with you and the City of Winston-Salem representatives to determine the best course of action from this point forward. As discussed on site in order to get permit coverage a fine for discharging without a permit would need to be paid prior to being approved under NCG100000. Once under coverage multiple changes to the site would need to occur in order to get into compliance with the terms of the permit if you would like avoid future fines. The following changes would need to be done in order to get into compliance, please note these changes are separate from any changes required by the City of Winston-Salem in order to get into compliance with their codes. 1) Access to the site an around the perimeter of the site, inside of the fence line, would need to be created. The site is to be inspected monthly by the owner and should be accessible to NCDEQ personnel to inspect and during this site visit this was not possible. 2) Buckets with potential oils, oil containers, and some other containers with unknown fluids were observed while on site. These should be stored under cover or in an area where they are not subject to stormwater. North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Winston-Salem Regional Office 1450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103 w:rr:aruua 336.776.9800 3) Spare parts such as engines, transmissions, axels, etc. should be moved to a singular location and covered if at all possible. Even if these components have been drained of fluids the potential to impact stormwater is still there if they are not covered. 4) Site should be organized and cleared in a way that allows for inspection of the areas of potential impacts. Due to the nature of this business, the potential impacts are located in all areas therefore during an inspection the owner would need to be able to view all parts of the site. 5) Labeling of all fluid storage devices. During the site visit there were drums observed on site, while some appeared to be used as trash, others were inaccessible. All drums should be labeled as to know what is stored inside in case of spilling. 6) Access to an outfall must be created. Stormwater flows east on site and would leave the site under the fence. This is completely inaccessible at the time of the inspection and would make collecting a sample nearly impossible, outfalls must be kept clean and clear of all debris. 7) Trash and debris not associated with a used car part lot would need to be removed from the site. While trash is present on many different lots this is considered a potential pollutant. Trash was present all over the site during the inspection,this would need to be removed and overall housekeeping on the site would need to improve greatly in order to stay in compliance. 8) A Stormwater Pollution Prevention Plan (SWPPP) would need to be created. This plan would go over good housekeeping procedures, sampling requirements, and many other aspects of running a permitted site. A NPDES permit is required to discharge stormwater to waters of the state in accordance with G.S. 143-215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC) 2H .0126. A Notice of Intent to be covered under NCG100000 should be filled out or a signed letter stating plans to close the car lot should be submitted to NCDEQ within 30 Days of Receipt of this Letter. The Notice of Intent should be sent to the address on the notice however should you choose to close the lot this letter can be sent to the Winston-Salem Regional Office at North Carolina Department of Environmental Quality ATTN: Brandon Wise 450 West Hanes Mill Road Suite 300 Winston-Salem, NC 27101 North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Winston-Salem Regional Office 1450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103 °i+•°'TM°"'"°0n^�^a��� 336.776.9800 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Your efforts to undertake activities to bring the subject site into compliance are not an admission, rather they are actions that must be taken in order to begin to resolve ongoing environmental issues. The timeliness with which you submit an NOI, the degree and extent of harm to the environment, and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Brandon Wise (336-776-9660) or Matt Gantt (336-776-9654). Sincerely, bz_'� Braddon Wise Ma�tt —� Stormwater Specialist Regional Engineer Land Quality Section Land Quality Section Winston-Salem Regional Office Winston-Salem Regional Office Enclosures: Notice of Intent Form cc: NCDEQ—DEMLR (WSRO) w/o enclosure North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Winston-Salem Regional Office 1 450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103 wswremmema�i am o�� �� 336.776.9800