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
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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
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Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
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MR JASPER CANIPE, OWNER
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K & C CARWASH
800 W. WARREN STREET----------
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SHELBY NC 28150-------------
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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