HomeMy WebLinkAboutNCG100186_COMPLETE FILE - HISTORICAL_20060814- STORMWATER- DIVISION CODING SHEET -
RESCISSIONS.
PERMIT NO.
DOC TYPE
COMPLETE FILE - HISTORICAL
DATE OF
.RESCISSION
❑�� "�
YYYYMMDD
FwnrF
1 �o Rp • Michael F. Easley, Governor
0.
William G. Ross Jr., Secretary
t( North Carolina Department of Environment and Natural Resources
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August 14, 2006
Mr. Micky Allen
Edaco Used Parts Recyclers
190 Amboy Road
Asheville, NC 28806
Subject: General Permit No. NCG100000
Edaco Used Parts Recyclers
COC No. NCG100186
Buncombe County
Dear Mr. Allen:
In accordance with your application for a discharge permit received on April 6, 2006 we
are forwarding herewith the subject certificate of coverage (COC) to discharge under the subject
state — NPDES general permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina
and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit
are unacceptable to you, you have the right to request an individual permit by submitting an
individual permit application. Unless such demand is made, this certificate of coverage shall be
final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act or any other
federal or local governmental permit that may be required.
If you have any questions concerning this permit please contact Aisha Lau at telephone
number (919) 733-5083 ext. 578.
Sin rM&NAL SIGNE®SY
KEN PICKLE
Alan W. Klimek, P.E.
cc: Asheville Regional Office
Central Files
Stormwater Permitting Unit Files
Attachments
Director
Quality
Noarolma
turally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enrstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGl00000
CERTIFICATE OF COVERAGE No. NCGIO0186
STORM WATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Edaco Used Parts Rescylers
is hereby authorized to discharge stormwater from a facility located at
Edaco Used Parts Recyclers
190 Amboy Road
Asheville
Buncombe County
to receiving waters designated as the French Broad River, class B water, in the French Broad River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11, Ill, IV,
V, VI and VII of General Permit No. NCG 100000 as attached.
This certificate of coverage shall become effective August 14, 2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 14, 2006.
ORIGINAL SIGNED BY
KEN PICKLE
Alan W. Klimek, Director
Division of Water Quality
By Authority of the Environmental Management Commission
�C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Gary Rader
Edaco Used Cars and Parts
339 Old Lyman St.
Asheville, NC 28801
Subject: Rescission of NPDES General Stornlwater Permit
Permit Number NCG 100186
Edaco Used Parts Recyclers (Amboy Road Site)
Buncombe County
Dear Mr. Rader
Reference is made to your request for rescission of coverage under the subject NPDES General Permit. This stornnvater
permit covered operation at the former site at 190 Amboy Road. A site visit conducted June 12, 2009 confirmed that the
operation no longer existed at this location. Therefore, the Division of Water Quality hereby rescinds your general permit
number NCG 100186.
It is our understanding that your new site (at 339 Old Lyman Street) likely does not need a new stormwater permit, but
should have "no exposure" certification to be exempt from the stormwater permitting requirements. A "no exposure"
certification application form is attached with this letter. Please fill out this form and mail it to the address indicated on
the form.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of
the State without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per
day.
If you have questions about this rescission letter or the No Exposure application, please contact Susan A. Wilson at
(828) 296 - 4500.
Sincerely,
Coleen II. Sullins
cc: Asheville Regional Office
Stonnwater Permitting Unit/ Ms. Sarah Young
Central Files
Fran McPherson, DWQ Budget Office
Wetlands and Stonnwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919-807-6300 \ FAX: 919-807-6494 \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
JUL
2 0
2009
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WATER QUALITY
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NO EXPOSURli�Cf',R�fnu�lcA(TION for Exclusion
NiL��f\E10000
NO EXPOSURE CERTIFICATION Please check here if this is a renewal: ❑ RENEWAL
National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based
on NO EXPOSURE:
Submission of this No Exposure Certification constitutes notification that your facility does not require a
permit for stormwater discharges associated with industrial activity in the State of North Carolina because
it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all
industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to
prevent exposure to rain, snow, snowmelt, and/or runoff.
For permitted facilities in North Carolina, DWQ must approve your application for No
Exposure Certification before this exclusion is effective. Until you are issued a No
Exposure Certification and your NPDES permit is rescinded, your facility must continue
to abide by the terms and conditions of the current permit.
Industrial materials or activities include, but are not limited to: material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
Material handling activities include the storage, loading and unloading, transportation, or conveyance of
any raw material, intermediate product, final product or waste product. A storm resistant shelter is not
required for the following industrial materials and activities: drums, barrels, tanks, and similar containers
that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means
banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained
vehicles used in material handling; and final products, other than products that would be mobilized in
stormwater discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In
addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual
outfalls. if any industrial activities or materials are, or will be, exposed to precipitation, the facility is not
eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you
certify that a condition of no exposure exists at this facility or site and are obligated to comply with the
terms and conditions of 40 CFR 122.26(g).
You are required to reapply for the No Exposure Exclusion once every five (5) years.
_(Pt �5;1r c-4 u. 5u;4ry !Nit io n_l_ 296 49_oo
For questions, please contact the DINO Regional Office for your area. (See page6))
(Please print or type)
1) Mailing address of owner/operator (address to which all certification correspondence will be mailed):
Name
Contact
Street Address
City
Telephone No.
Page 1 of 7
State ZIP Code
Fax:
SWU-NE-021309 Last revised 2/13/2009
,
NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name
Facility Contact
Street Address
City -- ------
County _
Telephone No. _
3) Physical location information:
State ZIP Code
Fax:
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 map with the facility clearly located on it should be included with the certification application.)
4) Is the facility located on Native American Lands? LI Yes CI No
5) Is this a Federal facility? ❑ Yes ❑ No
6) Latitude Longitude (deg., min., seconds)
7) This NPDES No Exposure Exclusion application applies to which of the following:
❑ New or Proposed Facility
❑ Existing
Date operation is to begin
Date operation began
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE__-
8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes ❑ No
If yes, what is the NPDES Permit Number?
9) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code:
10) Provide a brief description of the types of industrial activities and products produced at 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:
Page 2 of 7
SWU-NE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification
Exposure Checklists (12. - 14.)
12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible for the no exposure exclusion.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where IJ Yes ❑ No ❑ N/A
residuals from using, storing or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes Ct No F1 N/A
c. Materials or products from past industrial activity
C! Yes 1-1 No ❑ N/A
d. Material handling equipment (except adequately maintained vehicles)
11 Yes ❑ No ❑ N/A
e. Materials or products during loading/unloading or transporting activities
1_I Yes 1-I No ❑ N/A
I. Materials or products stored outdoors (except final products intended for outside
❑ Yes 1-1 No ❑ N/A
use [e.g., new cars) where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels. tanks,
1-1 Yes I-1 No ❑ N/A
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes El No ❑ N/A
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters)) i Yes ❑ No ❑ N/A
j. Application or disposal of process wastewater (unless otherwise permitted) t-I Yes I-1 No ❑ N/A
k. Particulate matter or visible deposits of residuals from root stacks and/or vents not I-1 Yes ❑ No 1-1 N/A
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored Fl Yes ❑ No ❑ N/A
(i.e., not closed and stored upside down to prevent precipitation accumulation)
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers t_I Yes-1 No ❑ N/A
stored outside, has the facility had any releases in the past three (3) years?
13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible for the no exposure exclusion.
a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits. or CI Yes 1-1 No ❑ N/A
deterioration, or evidence of leaks?
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any r I Yes F"1 No ❑ N/A
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
Page 3 of 7
S W U-N E-021309
Iasi revised 2/1312009
NCGNE0000 No Exposure Certification
14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the
no exposure exclusion.
a. Is secondary containment provided for single above ground storage containers
(including drums, barrels, etc.) with a capacity of more than 660-gallons?
b. Is secondary containment provided for above ground storage containers stored
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals'?
d. Is secondary containment provided for hazardous substances" designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
15) Hazardous Waste:
a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
b. Is this facility a Small Quantity Generator (less than 1000 kg, of hazardous waste
generated per month) of hazardous waste?
c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste
generated per month) of hazardous waste?
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:
Footnotes to Questions 14) c. & d.
❑ Yes ❑ No ❑ N/A
Yes ❑ No ❑ N/A
LI Yes ❑ No ❑ N/A
Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
Yes 0 No ❑ N/A
1-1 Yes ❑ No FJ N/A
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for de minimis amounts of certain substances,
and/or other qualifiers. as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR
§372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities
of the hazardous substances listed in 40 CFR §117.3.
Page 4 of 7
SWU-NE-021309 Lisl revised 2/13/2009
NCGNE0000 No Exposure Certification
16) Other information: It you answer "Yes" to any of the following items, you might not be eligible for the
no exposure exclusion. A more in-depth evaluation of the site circumstances may be required.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? CI Yes 1-1 No ❑ N/A
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations. plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality Permit?
Please specify:
f. Please list any other environmental program permits (federal, stale, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc ):
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program.
Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
171 Yes ❑ No ❑ N/A
Page 5 of 7
SWU-NE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification
17) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining an exclusion from NPDES stormwator permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities
or materials from the industrial facility or site identified in this document (except as allowed under 40 CPR 122.26(g)(2)).
I understand that I am obligated to submit a no exposure certification form once every five (5) years to the North Carolina
Division of Water Quality and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into
which the facility discharges (where applicable). I understand that I must allow the North Carolina Division of Water
Quality, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no
exposure and to make such inspection reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of
law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
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)
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for
compliance with no exposure conditions prior to that approval. The Regional Office may also
inspect your facility at any time in the future for compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) 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 Ion Thousand dollars ($10,000).
There is currently no fee for a No Exposure Exclusion.
Page 6 of 7
SWU-NE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification
Final Checklist
This application should include the following items:
❑ This completed application and all supporting documentation.
❑ A map with the location of the facility clearly marked.
❑ If this is a renewal. indicated current NCCNE number in Question 7.
❑ If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8.
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DWO Regional Office for your area.
DWO 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
Winston-Salem ......
(336) 771-5000
Central Office .........(919)
807-6300
Page 7 of 7
SWU-NE-021309 Last revised 2/13/2009
��A
tta it7-9 IS- LoU�li/i9rgo.
MCDEtJ �pp� R '�QJ4 a /JMA1 i D Ku4.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
g ?,;3 1�t4 3j3��0� Secretary
Mickey Allen � /
Edaco Used Parts Recyclers
190 Amboy Road
Asheville, NC 28806
Subject: Requested rescission of stormwatter per mit coverage �Al C4!� /061004re-
2escission request denied. Reason: 100nWIA1 /A 40PGT/ on b 1 SLtevi Ile 1CG°a�ondJ� � 1 C6
❑Rescission request a1)i)rove(l. effective invnerliatnly RaciQ-
u reported that you have sold the facility.
reported that although you retain ownership or control of the facility, you
4LIYou
ve ceased all regulated industrial activity, AND that there are no materials
mainin on site that ma resent a risk of stormwater ollution.
u reported that continued permit coverage is inappropriate because the site
tivities are not regulated by the NPDES stormwater permitting program.
'
Note other basis.
❑ DWQ Regional Office concurrence
❑ RO Conmient period expired
Operating a treatment facility, discharging wastewater, or discharging specific types of stormwater to waters of the State
without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per clay. Enforcement
action will be certain for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit
coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify this office
immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must First apply
For and receive a new NPDES permit.
If you have questions about this matter, please contact Sarah Young at (919) 807-6303.
Sincerely,
for Coleen H. Sullins
�9 8®Z (c37G
cc: 1446
Stonnwater Permitting Unit
DWQ.Cennral,.Filec .w/attachmcnl:e
- . Wetlands and Stormwater Branch
-
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748
Internet: ewm.ncvraterquality,org
An Equal Oppodunity l Affirmative Action Employer
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Relocated permit holder
Subject: Relocated permit holder
From: Ken Pickle <ken.pickle@ncmai1.net>
Date: Mon, 20 Nov 2006 12:29:17 -0500
To: Laurie Moorhead <Laurie.Moorhead a ncmail.net>
Laurie,
As per my voice message earlier:
a) The new location requires a new permit. We consider that the permit is attached
to a specific lat and long location. The existing permit is not transferable away
from the previous location.
b) Meaning that the new location requires a new permit. An NOI should be submitted
for the new location.
c) Our permittee of record is still the permit holder for the previous location.
That permit remains in force. The seller retains his responsibility under the
existing permit', especially in so far as industrial activities continue on the
site, or in so far as exposure remains from the permitted industrial activity.
Unless the permittee requests us to rescind the permit (written request on
letterhead, signed by someone recognizable as the owner/operator of the previous
facility.) Or unless there is a transfer of ownership granted by us based upon
submittal of the Name/Ownership Change form. (in which case the new owner becomes
the new holder of the old permit.)
d) So, it looks like this from the operator's perspective:
Current permittee - Responsible for the old site, until a recission or transfer
takes place. And, responsible for applying for a permit for the new site (NOI
required.)
New operator at the currently permitted site - Probably would want to take over the
existing permit, if he's in the same business. Or, if he's in a different
business, should apply via NOI if his business is one of the covered industrial
activities under NPDES.
Ken
I o° I 1 1/27/2006 10:59 AM
Re: EDACO Discharge Update
Subject: Re: EDACO Discharge Update
From:'Roger Edwards <Roger.Edwards@ncmail.net>
Date: Wed, 21 Jun 2006 10:10:13 -0400
To: Jimmy Wingfield <jinuny@wingfieldenviro.com>
CC: Laurie Moorhead <Laurie.Moorhead cr ncmail.nct>
Jimmy,
Mr. Rader keeps the plan in his file. Please make Mr. Rader aware the plan will require updating
periodically and all employees are to have working knowledge of the plan requirements.
Thanks,
R. Edwards
Jimmy Wingfield wrote:
I o1'2 6/22/2006 8:19 AM
Re: EDACO Discharge Update
Roger:
Thank you for all of your assistance in this matter. Mr. Rader is eager to get everything
accomplished that NC wants as quickly as possible. I have completed the NOI from the web -site
you provided and it is going to Mr. Rader for Signature. Also, we have removed a small amount
of soil from the site and collected a sample from under where the water/fuel mix crossed enroute
to the French Broad. The removed soil documentation and soil sample will be forwarded to
Landon Davidson (per request of Mr. Qu Qi you referred me to). Based upon the looks of the soil
and odor, I do not anticipate any residual hydrocarbons to be present.
I am in the process of writing the SPRP for the facility. Do you need a copy of this mailed to you,
or does Mr. Rader simply keep it on site in his Stormwater files?
Sincerely,
Jimmy Wingfield
YVin,�Jield Environmental, Inc.
423-323-7969
Roger Edwards wrote:
Jimmy,
Hope this helps. If the web address below does not work or if you have questions, please
contact Laurie Moorhead with DWQ-SWP staff.
http://li2o.enr.StatC.nc.US/su/F01-ms Documents.hun
R. Edwards
Roger Edwards
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NO 28778
Tel: 828-296-4500
Fax: 828-299-7043
Roger Edwards <Roker.Edwards a,nemail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
2 ol'2 6/22/2006 8:19 AM
1 �cp Used Cars & Par*
190 Amboy Road
Asheville, NC 28806
Phone: (828)253-1594
Fax: (828) 254-2277
June 15, 2006
North Carolina Division of Water Quality
Attention: Mr. Roger C. Edwards
2090 U. S. Highway 70
Swannanoa, NC 28778
Mr. Edwards,
0 CE11 1
JUN 1 9 2006 II� IJ
WATER QUALITY SECTION
ASHEVILLE RECTO^iAL OPFICF
We received your letter dated June 5, 2006 about violation NOV-2006-OC-0025. We did
have a storage container for gasoline that we use to hold gas and water that we drain from
the cars before we crush or recycle. On May 25, 2006 after we closed for business the
tank developed a small hole and leaked approximately 30 gallons of gas and water
mixture onto the concrete pad. The tank was approximately 100 feet from the river we
feel that there was a very small quantity of the gasoline mixture that actually reached the
river. We did dyke the area with speedy dry.
We also brought in Charles "Eddie" Ball, Jr. with Mountain Environmental Group to help
with the problem. I also have a firm in Tennessee named Wingfield Environmental, Inc.
that will be helping with the soil sample of the area where the spill took place. Jim
Wingfield has discussed this with you on June 15, 2006 and he will be taking the
necessary action to comply with regulations and helping me to comply with the
regulations in the future. Thank you for your help with this matter.
Thank you,
Gary Rader
Michael 17. taslty, Governor
William G. Ross Jr., Secretary
North Carolina DeIrtmen nvirroinmem anti Natural Resources
WI"in W. Klimek, P.E. Director
'Division of Water Quality
.June 5, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 0390 0001 3552 9937
Gary Rader
C/o Mickey Allen
Edaco Used Parts Recyclers
190 Amboy Road
Asheville, NC 28806
Subject: NOTICE OF VIOLATION
NOV-2006-OC-0025
Petroleum Spill to French Broad River
Edaco Used Parts Recyclers
Buncombe County
Dear Mr. Rader:
On May 25, 2006 you were found to be responsible for a petroleum spill of unknown quantity to the
French Broad River as responded to by Asheville Fire and Rescue. According to General Statutes 143-
215.83(a), it shall be unlawful for any person to discharge oil or other hazardous substances into or upon any
waters or lands within the state. Additionally, General Statute 143-215.85 requires that any person having
control over oil or other hazardous substances discharged, shall immediately notify the Department of the
nature, location, and time of the discharge and of the measures taken or proposed to be taken to contain and
remove the discharge. Note that this office has not received any reports from you associated with the above -
mentioned releases as of the date of this report.
To correct the above violations, you are required to do the following:
A. Cease discharging all `oil" or other hazardous substances on the land or waters of the state.
B. Clean up the affected areas and collect soil and/or groundwater samples to confirm the clean up.
The soil and groundwater testing and laboratory analyses shall conform to the appropriate sections of
Groundwater Section Guidelines for the Investigation and Remediation of Soils and Groundwater,
July 2000 Edition.
C. Submit a report to the Asheville Regional Office assessing the cause, significance, and extent of the
release, and listing all actions you plan to take to prevent future releases and to clean up the observed
releases by June 30, 2006.
NortltCarolina
AVntrrrrrl/y
North Carolina Division of Water Quality 2090 US. Highway 70 Sw innanoa, NC 28778 ]'finite (828) 296-4500 Customer Service
Internet: w .nmaterquality.org FAX (829) 299-7(1FAX (829) 299-7(3 1-877-623-6749
An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/10 % Post Consumer Paper
1
Edaco Used Parts Recyclers
Notice of Violation
Page 2 of 2
Junes, 2006
You are requested to contact the Asheville Regional Office in writing, within ten (10) days of
receipt of this letter, of your intention to comply and submit a response and a schedule for achieving
compliance. Please be advised that violations of the noted general statutes may be subject to civil
penalty assessments of up to $25,000.00 per day for each violation. Any future and/or continued
violations will be considered for an enforcement recommendation. Should you have any questions
regarding these matters, please contact Laurie Moorhead or myself at (828) 296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: ARO Files
Danny Smith, NPS Compliance and Assistance Unit
Central Files
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Incident in Buncombe County (ASIJEVI&E) on 05/25/2006 �� '� aCCL•- OI S-n Page I of I
NC Division of Emergency Management %,_ _
'v O:cri;-C -
Emergnencv Report Form (Rev 2.0) . C
Taken by: Barry Hendren
Date Reported: 05/25/2006
Time Reported: 11:38 PM
Date Occurred: 05/25/2006
Time Occurred: 07:33 PM
Reported by: Riverlink
Agency: Asheville Fire& Rescue Phone: 828-259-5460
County: Buncombe
City: ASHEVILLE =IEM Area: W 14
EVENT TYPE
Weather Event: HazMat Event: Hazardous Material Spill
Wx Event Name: HazMat Class: Other
HazMat Mode: Other
FNF Event:
FNF Type:
FNF Class:
Fire Event:
OTHER EVENT:
F Event:
Event:
Event Description: Local response for petroleum spill in French Broad River. RRT 6 called for resources for event.
Located source of product and secured tank. Then placed absorbent booms in river to keep any product from entering
waterway.
Attachments: Dispatched 20:02
Enroute 20:05
On Scene 20:12
Cleared 20:40
Deaths: Injuries: Evac: Radius:
iesponsible Party: Edaco Auto Salvage =FRP Phone: 828-253-1594
Point Of Contact: Mickey Allen JFPOC Phone: 828-253-1594
Event Location: 190 Amboy Rd
Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.)
USFS Block -Square -Point Svstem: Block= Square= Point=
IIRRT Reauest: Local Response IART Mission No.: 0605756016 IIRRT Team Number: 6 II
COUNTY AGENCIES
LEMC: Y SO: PD: LFD: CHealth: Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
AIC: SHPISWP: Env. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
®t
No+es: Contacted BC Hazardous Waste while on scene BC is to contact POC on Friday May 26, 2006 to ensure proper
clem up.
AFR incident number 06005703
EM Hours: SAR Hours: Call
httl ):// l 49.168.212.17/LM_Iive/EMReport.N SF/b66533 df2a86c4Ob852566e l 007f741 d/5Ob8947b6l 55ab l ... 5/26/2006
M
Certified Mail arch 17, 2006
Return Receipt Requested 7005 039() 0001 3553 0391
Mr. Gary Rader
C/o Mr. Mickey Allen
Edaco Used Parts Recyclers
190 Amboy Road
Asheville, North Carolina 28806
Dear Mr. Rader:
Michael F. 8asicy, Governor
l am s Jr., Secrctaq
North Carolina 1. ipartmcnl h'm nnmenia d•M}aI Ir lecrerccs
an V. urek, P.E. Director
Subject: Notice of Violation
NOV-2006-OP-0004
Edaco Used Parts Recyclers
Buncombe County
Division orWater Quality
On March 13, 2006 Ms. Laurie Moorhead with this office observed that you are operating an auto salvage yard
without a stormwater permit from the Division of Water Quality as required by North Carolina General Statute
143-215.1. Ms. Moorhead delivered at that time an application for a Notice of Intent to discharge stormwater,
an example of the general stormwater permit applicable to your facility (NCG100000), and a technical bulletin
for this general permit in an effort to expedite permitting of your facility.
The North Carolina General Statutes provide Civil Penalties of up to $25,000.00 per day for failure to obtain a
stormwater discharge permit as required by General Statute 143-215.1. Each day of operation is considered a
separate violation. ,
You are advised to respond in writing within fifteen working days of receipt of this letter with a copy of a
completed Notice of Intent (attached) for a certificate of coverage under NCG10000. Please also send the
original, completed Notice of Intent and applicable fees to the address indicated on the form.
Should you have any questions regarding this issue, please contact Ms. Laurie Moorhead at (828) 296-4500.
Sincerely,
`rrr) f
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
Cc: NPS-ACO Unit
Central Files
Asheville Files — Aquifer Protection Section
Asheville Files — Surface Water Protection Section
NorthCarc lint
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanr a, NC 28778 Phone (828) 296-4500 Cuslt mcr Scrvic
Internet: w .ncwaterquality org . FAX (828) 299-7043 1-877-623-6748
JAn Equal Oppodunity/Affirmative Action Employer— 50%Recycledll0% Post Consumer Paper
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