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Home My WebLink AboutNC0022934_Compliance Evaluation Inspection NOV-2019-PC-0759_20191202ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA EnW&onmrrk1g1 Qegorrty Certified Mail # 7018 0360 0002 20991475 Return Receipt Requested December 4, 2019 Mr. Lawrence Schwartz UCS, Inc. P.O. Box 657 Lincolnton, NC 28092 Subject: Notice of Continuing Violation and Recommendation for Enforcement NOV-2019-PC-0759 Compliance Inspection UCS Main Plant NPDES Permit No. NCO022934 Gaston County Dear Mr. Schwartz: Enclosed is a copy of the Compliance Evaluation Inspection documentation for the inspection conducted at the subject facility on November 13, 2019, by Ori Tuvia and Andrew Pitner. Jason Schwartz's cooperation during the site visit was much appreciated. Please be advised that the facility has failed to address the noncompliance concerns documented in the previous inspections and has not met the timeline (see attachment) which was agreed upon after an onsite meeting on November 13, 2018. The non-compliance resulted in the assessment of civil penalties (case # PC-2019-0020). By failing to meet the timeline, the facility continues to be in violation of NPDES Permit NC0022934, Part II, Section B.8 "Duty to Provide Information" by failing to furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. Overall, the wastewater treatment system requires attention and maintenance. The Division has documented that the facility is continuously and knowingly discharging untreated wastewater into the South Fork of the Catawba River. In accordance with Part II, Section C.2 of the subject State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 663 1699 permit, proper Operation and Maintenance (O&M) of the WWTP is required. The following areas of concern with respect to Operation and Maintenance should be addressed: Lagoon Maintenance - There is woody vegetation, animal burrows, and erosion on the side slopes/dikes. 2. Outfall structure - deteriorating and needs maintenance; the access to the outfall structure appears unstable. Piping of the wastewater is leaking causing bypass of the chlorination box which is part of permitted wastewater system. The chlorination box must be part of the treatment process and must be properly maintained. 3. Effluent pipe and sampling - facility staff must locate the effluent pipe discharge point at the receiving water. If the pipe is located above the river, the effluent pipe discharge could be used for sampling. If the effluent pipe is under the river level, an alternative sampling location must be evaluated. Regardless of the discharge location, the facility must conduct regular sampling in accordance with Part I, Section A.1 of the subject permit In addition to the maintenance concerns, due to the overall condition of the lagoon, the groundwater quality is a concern. Please submit a plan describing the proposed installation of three shallow/water table monitoring wells for the purpose of assessing groundwater quality as related to operation of the wastewater system A Notice of Violation and Notice of Recommendation for Enforcement, pursuant to G.S. 143-215.6A, may result in a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per violation and may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1 You are requested to respond to this Notice in writing within fifteen (15) days of receipt indicating your Plan of Action to ensure future compliance. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ori Tuvia at (704) 235-2190, or at ori.tuviagncderingov. Sincerely, DocuSigned by: p4.4.w H P;,Uf for F161 FB69A2D84A3... W. Corey Basinger Regional Supervisor Mooresville Regional Office Division of Water Resources Attachments: Compliance Evaluation Inspection for Nov. 13, 2019 Copy of NOV-PC-2019-0480 Copy of PC-2019-0020 Copy of email correspondence with Jason Schwartz Cc: NPDES, MRO Files (Laserfiche) Jason Schwartz (email) United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 IF I 3 I NCO022934 111 12 I 19/11/13 I17 18 I S I 19 I G I 201 I 211111 I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---------------------- Reserved ------------------- 67 I 72 I r, I 73I I I74 751 I I I I I I I80 1.0 70I, I 71 tyI I I —I � I I i Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES oermit Numbed 10:OOAM 19/11/13 15/11/01 UCS Main Plant 511 Hoffman Rd Exit Time/Date Permit Expiration Date Lincolnton NC 28092 11:30AM 19/11/13 20/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jonathan David Gragg/ORC/828-396-4444/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Cindy Lints,511 Hoffman Rd Lincolnton NC 28092//704-732-9922/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Self -Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date DocuSigned by: Andrew Pitner DWR/MRO WQ/704-663-1699 Ext.2180/ 12/2/2019 Ori A Tuvia DWR/MRO WQ/704-663-1699/ �� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W. Corey Basinger DWR/Division of Water Quality/704-235-2194/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type NCO022934 I11 121 19/11/13 117 18 JCJ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NCO022934 Owner - Facility: UCS Main Plant Inspection Date: 11/13/2019 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? ❑ 0 ❑ ❑ # Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: The current Dermit exDires on July 31. 2020. The subiect Dermit is for a stabilization laaoon followed by chlorine disinfection. Previous inspection, conducted on May 22,2018, resulted in assessment of civil penalty due to poor maintenance. An onsite meeting with the permitee , conducted on November 13, 2018, (see attached) resulted in the creation and agreement on a timeline to complete certain tasks in order to achieve compliance with the NPDES permit. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The outfall structure, which contains the chlorine disinfection box is deteriorating and needs maintenance; at the time of the inspection, the chlorine disinfection box did not have any chlorine tablets in it. The lagoon has not been maintained. Woody vegetation, animal burrows, and erosion were observed on the side slopes/dikes. In addition, the facility staff must locate the effluent pipe location and maintain access to it. Lagoons Yes No NA NE Type of lagoons? # Number of lagoons in operation at time of visit? 1 Are lagoons operated in? # Is a re -circulation line present? ❑ ❑ 0 ❑ Is lagoon free of excessive floating materials? ❑ 0 ❑ ❑ # Are baffles between ponds or effluent baffles adjustable? ❑ ❑ 0 ❑ Are dike slopes clear of woody vegetation? ❑ 0 ❑ ❑ Are weeds controlled around the edge of the lagoon? ❑ 0 ❑ ❑ Are dikes free of seepage? ❑ ❑ ❑ Are dikes free of erosion? ❑ 0 ❑ ❑ Are dikes free of burrowing animals? ❑ 0 ❑ ❑ # Has the sludge blanket in the lagoon (s) been measured periodically in multiple ❑ ❑ 0 ❑ locations? Page# 3 Permit: NCO022934 Owner - Facility: UCS Main Plant Inspection Date: 11/13/2019 Inspection Type: Compliance Evaluation Lagoons Yes No NA NE # If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ 0 ❑ Is the lagoon surface free of weeds? ❑ 0 ❑ ❑ Is the lagoon free of short circuiting? ❑ ❑ ❑ Comment: The lagoon has not been maintained. There is woody vegetation, animal burrows, and erosion on the side slopes/dikes. Additionally, the facility should evaluate sludge level in the lagoon. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ 0 ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ 0 ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Outfall has not been located. Page# 4