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Home My WebLink About201901699_NOV and Intent to Assess_20191031ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 31, 2019 CERTIFIED MAIL # 7016 2140 0000 4368 5463 RETURN RECEIPT REQUESTED Robert Lee Lugani Barbra Lugani Babcock 3707 Campbell Road Raleigh, NC 27606 Subject: NOTICE OF VIOLATION - Intent to Enforce NOV-2019-PC-0718 Oil Pollution & Hazardous Substance Control Act Violations 3464 Leonard St Raleigh, NC, Wake County To Whom It May Concern: On October 23, 2019, the Division of Water Resources: Raleigh Regional Office (DWR: RRO) staff (Brion Byers and Zach Thomas) responded to a compliant about a heavy petroleum sheen observed in an unnamed tributary to Beaverdam Creek (Classification: C; NSW) in Raleigh, NC. Upon arrival DWR noticed a strong petroleum odor, and a sheen was observed in the unnamed tributary near Dogwood Lane and Ballyhask Place. Reportedly the sheen and odors had been noticed for a week or two prior to DWR's site visit. DWR traced the sheen to where a subsurface storm drain discharges to the surface. Further investigation into the source of the petroleum by DWR staff lead to a home located at 3464 Leonard Street. The home recently had a catch basin installed on the property with multiple underground pipes (one pipe drained water to the storm drain). Water was being channeled into an underground pipe which terminated in the catch basin. A heavy sheen was observed on the surface of the water in the catch basin which then flowed into the storm drain. DWR ultimately determined that the home at 3464 Leonard Street was the source of petroleum observed downgradient in the unnamed tributary to Beaverdam Creek. A review of Wake County deed records reveals that you are the owner of the property located at 3464 Leonard Street in Raleigh, North Carolina (PIN# 0794371595). These observations and findings constitute violations of the following North Carolina General Statutes and North Carolina Administrative Codes: D E North Carolina Department of Environmental Quality I Division of Water Resources 4(�R�THQAROLJNA _�Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 oeuartmertt of Enko .81 Quality 919.791.4200 Notice of Violation NOV-2019-PC-0718 Wake Co. PIN 0794371595 October 31, 2019 Page 2 of 6 Item I. NCGS 143-215.1 (a) (1 (a) "Activities for Which Permits 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 that permit. (1) Make any outlet into the Waters of the State." Item II. 15NCAC 02B .0211 (12) "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, colored, or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adj oining shorelines pursuant to 40 CFR 110.3 (a)-(b) ..." Item III. NCGS 143-215.83 "It shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause." Requested Response: You are requested to address the below items in writing within 10 days of receipt of this letter. 1. Immediate action must be taken to stop and/or prevent the discharge of petroleum product into the storm drain conveyance system. 2. A plan outlining how you will restore the area affected to the condition it was in prior to the discharge. Due to the ongoing release and severity of the impacts, you are encouraged to retain an environmental consultant to assist and ensure remediation efforts are completed in a satisfactory manner. Please submit required materials to: Brion Byers Division of Water Resources 3800 Barrett Drive Raleigh, NC 27609 This office requires the discharge detailed above, be abated immediately and properly resolved. Environmental damage and violations of North Carolina Administrative Codes and Statutes have been documented for the subject site as stated above. Your efforts to undertake Notice of Violation NOV-2019-PC-0718 Wake Co. PIN 0794371595 October 31, 2019 Page 3 of 6 activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. Please understand that these violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. This office is developing an enforcement recommendation regarding this matter. Your response will be considered with any enforcement recommendation that may be developed. If you have any questions, please do not hesitate to contact Brion Byers or me at (919) 791-4200. Sincerely, ay Zimmerman, P.G., Chief Water Quality Regional Operations Division of Water Resources cc: Wayne Miles - City of Raleigh Storm Water Management Wake County Environmental Services Mark Powers — DWM: UST Section RRO 9 'a y P� a. t� Aif olik t Vol R 111 o, • , ., + :' •...__—�. icy 4ig _t �, { �� '� � ! }t, n�,i.-ate•'.. +.'�' Ar. �a r f IWO, or At 001! �. Notice of Violation NOV-2019-PC-0718 Wake Co. PIN 0794371595 October 31, 2019 Page 5 of 6 Photograph 2: Petroleum in catch basin located at 3464 Leonard Street. Mjj%N�51i + r. i 4. .ft — I V - ill,,C ...<