Loading...
HomeMy WebLinkAbout_20171231 (2)NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 20, 2010 CERTIFIED MAIL # 70081140 0002 2716 2333 RETURN RECEIPT REQUESTED Mr. Jasper Canipe, Owner K & C Carwash 800 W Warren Street Shelby, North Carolina 28150 Dear Mr. Canipe: Natural Resources Subject: Notice of Violation Discharge of Wastewater without a permit Incident No. 201002064 Tracking No. NOV-2010-DV-0280 807 W Marion Street, Shelby, NC Cleveland County Dee Freeman Secretary Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environment & Natural Resources to protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted pollution control rules and regulations. On June 29, 2010, Lon Snider conducted an investigation of your property located at 807 W Marion Street. This investigation was in response to a citizen complaint. The investigation found that wastewater from the K & C Carwash discharges from the ground and flows into the City of Shelby storm sewer near 724 W Marion Street. The storm sewer then discharges into a unnamed tributary (UT) to First Broad River, designated a Class C waters of the State in the Broad River Basin. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org Nam �� //, , An Equal Opportunity \ Affirmative Action Employer - 50% Recycled/10% Post Consumer paper `{kl J Mr. Jasper Canipe NOV-2010-DV-0280, Page 2 July 20, 2010 The illicit discharge of wastewater to a UT to First Broad River is a violation of North Carolina General Statute (N.C.G.S.) 143-215.1 (a) (1), which states that (a) activities for which permits are required — No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make outlets into the waters of the State. The discharge of wastewater is considered to be making an outlet to the waters of the state. To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity. It is requested that you respond in writing by no later than August 23, 2010, to this Notice indicating the actions you have taken to correct the violation. Please address your response _ to Mr _T.nn gnicl— of the 1PttPrhPgr1 20 rlYP �. r U w U) 0 w z Z 0 .n L C a N 'D c ca U U) .D .D (a 6 E M C 7 0, C CL Q) (a (1) OL N c irovides for a civil penalty assessment of not more than (twenty-five thousand dollars ($25,000) per day when the `I U L 2 2 2010 any person who is required but fails to apply for or to :. Penalties may also be assessed for any damage to the From the unpermitted discharge. z O U Ln w ~ O uJ 00 N CC > Q � w w z Q Z U ` N w U Q I-- N Q D r,M w � o W F= O '.D N I rij O Return Receipt Fee O (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) ig this Notice of Violation, please do not hesitate to Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection ;tor rq T` MR JASPER CANIPE, OWNER a ser, K & C CARWASH 800 W. WARREN STREET---------- orF SHELBY NC 28150------------- 04 swp/1s 7/20/10 A KIE:' TIRE & RECAPPING, IIVCa Owned and Operated by J. ®. CANIPE BOO W. Warren Street Shelby, North Carolina 2BI50 AUG704-4B2-5S29 G 20 2010 AUGUST�L8, 20-10 DEAR MR. SNIDER, THIS LETTER IS A RESPONSE TO YOUR LETTER TO ME CONCERNING THE WATER SITUATION AT K & C.CARWASH, LOCATED AT 807 WEST MARION STREET.,SHELBY, N.C. WESSON SEPTIC TANK AND DAVID HUX ARE GOING TO RUN SOME TESTS ON AUGUST 23RD; THEY ARE GOING TO DROP A CAMERA DOWN IN THE PIPES IN ORDER TO SEE WHERE THE WATER IS GOING. WE WILL NOTIFY YOU OF THE RESULTS AS SOON AS WE HAVE THEM. IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE FOLLOWING---- WESSON SEPTIC TANK OR DAVID HUX TODD WESSON SEPTIC TANK ASSISTANT UTILITIES DIRECTOR 704-477-2794 704-484-6840 THANK YOU, J. OAKIE CANIPE I NC®ENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 24, 2011 Connecticut Associates, LLC C/o Property Management Corporation Attention: Lamar Kellar Post Office Box 2052 Gastonia, North Carolina 28053 Subject: Notice of Violation FILE I Resources LS Tracking No. NOV-2011-DV-0261 Deemed Collection System Permit Number WQCSD0566 Connecticut Associates Gaston County Dear Mr. Kellar: Dee Freeman Secretary A review has been conducted �of the Connecticut Associates self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for September 2011. This review has shown Connecticut Associates to be in violation of the requirements found in Collection System Permit WQCSD0566 and/or G.S. 143-215.1(a)(1). The violations that occurred during September 2011 are summarized in Attachment A. Remedial and corrective actions, if not already implemented, should be taken to prevent further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish kills, and recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the spill was intentional, and whether money was saved by non-compliance. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NortllCarolina Internet: www.ncwaterquality.org y9� An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper A/%�UC 66 Mr. Lamar Kellar. NOV-2011-DV-026.1 Page 2' Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed f6r any damage to the surface waters of the State that may result from the unpermitted discharge. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are overflows that the regional office has determined, after review of the CS-SSO 5-day report, that may result in a civil penalty assessment. You have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment. If you have any questions regarding this policy please do not hesitate to contact Mr. Lon. Snider at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments: Attachment A Deemed Collection Permit Rules Cc: PERCS Files Attachment A Connecticut Associates Collection System September 2011 24 Hour 5 Day Vol. Permit # Location Incident # Start Date Gallons Reaching NOV Case Surface Water WQCSD0566 3011 Union Blvd 201102210 09/08/11 3000 0 NOV-2011-DV-0261 Violation Action Cause: Pump Station Equipment Failure Proceed to NOV Yes Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# Incident Number from BIMS Incident Reviewed (Date): Incident Action Taken: BPJ NOV-2007-DV ■ ®� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 Spill Date `dL;�rf /0 Reported Date a`) 107 Time ,�:5 5, am/C Time S' S `7 am/ cm Reported To SWP Staff or EM Staff Reported By e'-`[kCt-J & �l'�� Phone% 0�c 7 Address of Spill Lulce� bcll, 3 County City Cause of Spill Total Estimated GallonsEst. Gal to Stream Stream Lcw-� &"--OUeJ2) Fish Kill: Yes No Number Species Non Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad Incident in Cleveland County (SHELBY) on 08/27/2007 05:55:33 PM Page 1 of 1 n by: M Cline Occurred: 08/27/2007 irted by: Richard Youn itv: Cleveland NC Division of Emergency Management Emerciencv Report Form (Rev 2.0) : 08/27/2007 me Occurred: 05:55 PM ncy: PPG : SHELBY EVENT TYPE rted: 05:57 PM Phone: 704-477-6409 EM Area: W 13 Weather Event: HazMat Event: Wx Event Name: HazMat Class: N/A HazMat Mode: N/A FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: Fire Event: Complaint: OTHER EVENT: Sewage Event Description: A leak resulted in the spilling of 200 gallons of sewage into Beaver Dam Creek. The spill was contained and a clean up contractor will conduct clean up of the site. There was no fish kill observed and this is not a public drinking water source. AF4.�nhmnn+�• Deaths: Injuries: Evac: Radius: Responsible Party: RP Phone: Point Of Contact: POC Phone: Event Location: 940 Washburn Switch Road, Shelby Latitude (decimal degrees) (NC inland range is 33.840 - 36.588 degrees. be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees may be used.) USFS Block -Square -Point System: Block= Square= Point= Values outside these parameters may Values outside these parameters RRT Reauest: No RRT Mission No.: IIRRT Team Number: I COUNTY AGENCIES LEMC: SO: PD: ICHealth: Sewer: PWRK: Other Local Agencies: STATE AGENCIES A/C: SHP/SWP: IjEnv. Mgt: Water: DRP: CAP: DOT: DMV: Other State or Federal Agencies: Notes: EM Hours: SAR Hours: Call #: http://l49.168.212.171EM livelEMReport.NSF/a6413acc3O4fce69852566f20012732fl8O3... 8/30/2007