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HomeMy WebLinkAboutWT003074_Notice of Violation_20210225 ROY COOPER Governor MICHAEL S.REGAN .R Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality February 25,2021 CERTIFIED MAIL: 70171070 00001775 9064 RETURN RECEIPT REQUESTED Curbside Management Inc. Attention: Barry Lawson Post Office 18722 Asheville,North Carolina 28814 Subject: NOTICE OF VIOLATION(NOV-2021-PC-0152) Site Number: WT003074 Curbside Management Buncombe County,North Carolina Dear Mr. Lawson: On February 23,2021,Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources(DEMLR),visited the subject site located at 116 Woodfin Avenue in Asheville, Buncombe County,North Carolina.The site visit and file review revealed that Curbside Management Inc. has neither applied for,nor obtained coverage under, an NPDES General Permit No. NCG130000(Non-metal Waste and Scrap)for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to receiving waters designated as a tributary of Beaverdam Creek, a Class C waterbody in the French Broad River Basin. An 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. Enclosed with the inspection report is a copy of Notice of Intent(NOI)that shall be filled out and submitted to the Department of Environmental Quality within 30 calendar days of receipt of this Notice. Submission information can be found in the NOI. 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 Isaiah Reed or myself at(828)296-4500. D_E Q�_ North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Asheville Regional Office 1 2090 US.Highway 70 I Swannanoa,North Carolina 28778 e�om.� 10 11%% r 828.296.4500 Notice of Violation Curbside Management Inc. February 25, 2021 Page 2 of 2 Sincerely, r I Ai en nn Regional Engi Land Quality Section Enclosure: Notice of Intent ec: Alaina Morman, Environmental Specialist Alaina.morman@ncdenr.gov Stanley E. Aiken-Regional Engineer stan.aiken@ncdenr.gov Suzanne McCoy-Administrative Specialist Suzanne.mccoygncdenr.gov FOR AGENCY USE ONLY Date Received Year TgK Da :+ Division of Energy,Mineral and Land Resources Land Quality Section Certificate ofCoverage National Pollutant Discharge Elimination System N Chek a Amomt Environmental Quality NCG130000 Permit Assi ed to NOTICE OF INTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCG130000: STORMWATER DISCHARGES associated with activities classified as: The wholesale trade of non-metal waste and scrap (hereafter referred to as the non-metal waste recycling industry) a portion of SIC*5093; and like activities deemed by DEMLR to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials (SIC* N/A) The following activities are specifically excluded from coverage under this General Permit: Establishments primarily engaged in the wholesale trade of metal waste and scrap, iron and steel scrap, and nonferrous metal scrap(hereafter referred to as the metal waste recycling industry) Establishments primarily engaged in waste oil recycling Establishments primarily engaged in automobile wrecking for scrap *Standard Industrial Classification Code (Please print or type) 1) Mailing address of owner/operator(address to which all permit correspondence will be mailed): Name Street Address City State ZIP Code Telephone No. Fax: E-mail Address 2) Location of facility producing discharge: Facility Name Facility Contact Contact E-mail Street Address City State ZIP Code County Telephone No. Fax: 3) Physical Location Information: Please provide a narrative description of how to get to the facility(use street names, state road numbers, and distance and direction from a roadway intersection). (A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application) 4) Latitude Longitude (degrees, minutes, seconds) Page 1 of 4 SWU-228-071408 Last Revised 6/24/14 NCG130000 N.O.I. 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin ❑ Existing 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code)that describes the primary industrial activity at this facility SIC Code: 7) Provide a brief narrative description of the types of industrial activities and products manufactured at this facility: 8) Discharge points: How many discharge points (ditches, pipes, channels, etc.)convey stormwater from the property? List discharge points (outfalls)that convey discharge from the site(both on-site and off-site) and location coordinates.Attach additional sheets if necessary, or note that this information is specified on the site plan. Stormwater Outfall No. Latitude(degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude(degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude(degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude(degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Page 2 of 4 SWU-228-071408 Last Revised 6124/14 NCG130000 N.O.I. Stormwater Outfall No. Latitude(degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W 9) Receiving waters: What is the name of the body or bodies of water(creek, stream, river, lake, etc.)that the facility stormwater discharges end up in? If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 10) Does this facility have any other NPDES permits? ❑ No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 11) Does this facility have any Non-Discharge permits (ex: recycle permits)? ❑ No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: 12) Does this facility employ any best management practices for stormwater control? ❑ No ❑ Yes If yes, please briefly describe: 13) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No ❑ Yes If yes, when was it implemented? 14) Are vehicle maintenance activities occurring at this facility? ❑ No ❑ Yes 15) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ No ❑ Yes b) Is this facility a Small Quantity Generator(less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ❑ No ❑ Yes c) Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste generated per month)of hazardous waste? ❑ No ❑ Yes Page 3 of 4 SWU-226-071406 Last Revised 6/24/14 NCG130000 N.O.I. d) If you answered yes to questions b. or c., please provide the following information: Type(s)of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport/disposal vendor: Vendor address: 16) Certification: North Carolina General Statute 143-215.6 b(1) provides that: Any person who knowingly makes any false statement, representation,or certification in any application,record,report,plan,or other document filed or required to be maintained under this Article or a rule implementing this Article;or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article;or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management]Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars($10,000). 1 hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: (Signature of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for$100.00 made payable to NCDEQ Page 4 of 4 SWU-228-071408 Last Revised 6/24114 NCG130000 N.O.I. Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for$100 made payable to NCDEQ ❑ This completed application and all supporting documents ❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: DEMLR-Stormwater Program Dept. of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions,please contact the DEMLR Central Office or Regional Office for your area. DEMLR Regional Office Contact Information: Asheville Office ...... (828)296-4500 Fayetteville Office ... (910)433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 r �y Winston-Salem ...... (336) 771-5000 tt11 . Central Office .........(919) 807-6300 oaten r Page 5 of 4 SWU-228-071408 Last Revised 6/24/14