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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 ..seemw -C 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 I WATER QUALITY AS.:r V'i � c pr=r�01 na An Equal Oppodunily \ Affirmative Action Employer A. FUR AC,! AN(:) USIi ONI.1' AM Division 111 Watl'r 011ah(y) �U rt:ICL' Water- Protection CI't Ill❑ D.nr I<cec wd - ,ymilh� Y,.:u Dw NCDENR National Polluuutt Discharge I lin,inMinn System I �I��_�,,,I0.'. i�r� NE,c�Nl r:. 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 One North Caro 1 ina Nlxtu!"lxttly ll�a7 /a� �•% � �v.s�v.R� �a-c.�-�.M- �_u�Gtootglo �_l�0_i�'�no� I' . =F• f •-;Z_;. is ' i.,_l �.... :,r � �. ti..,,r,'.1.U: :�'. —.a..'�_.a C•:-.' / .. � :)��. __ _ ls-...,t'.\rf'�'i / +J _I. ,.>'].: r G' it 4 .�'•u' _ _ — 1 t...i•/,�•,r q ' l� 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 r ■ &aiplete items 1, 2, and 3. Also complete A Si at Rem 4 if Restricted Delivery is desired. X ■ Print your name and address or the reverse so that We.Can.return the card to You. _ __ _ _c a, 1,. .t..,.1, ' r Name) O. Date of Delivery S •' , <, II rJ it G pax r..nt of +19g 7n.nrrrt �uJ 'it:� Re rt1 gerent from Rem l7 r- f .IGi 7bv:'l� inh.,. 7 ,u.,.: inJ� c. C2 r"• t, :tea .• /address below: NICDF M ❑ Agent ❑ Yes ❑ No ALLFEN; 3. a ice Type •1;;;!'• ! .i_' N�ti:I S l� f•r��•1''.!_ �h I. nlfled Mall ❑ Express Mall r� ❑ Registered 7aturn Receipt for Memhandlse ❑ Insured Mall C.O.D. ASH;-, .'I L�.F N�.. `f„CU 4. Restricted Delivery? (Extra Fee) ❑Yes 1 7Db5i 03;9b� ftbil52 i3599371 11',/`�bU✓ZI90(¢-!JC-ODZ� PS Form 3811, February 2004 .Domestic.Return Receipt t025s5O2-M-tsao l r 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 ■ c ,Mete Rema'1'2 item 4 if Restricted I ■ Print yourname`anc so that we'cah 6tur s + �11v WCDEMR ❑ Agent — 'iiffenint from Rem +? U ry addiess below: ❑ m Mc CZ � D N 0 { N (;l,RY RAD:R v=j 0 AL EN 3.`Se ceT a �d Certified Mail O' Expre: %r)i-k1-, ! i1SED P. R S R C Y i_j_i / Registered Reiu I9n AMTOY R W❑Insurd Mall C.O.D 4. Restricted Delivery?(F.�Fe I 2. Rise le 7005 0390 0001 3553 0391r• t' 746V` PS Form 3811. February 2004 Domestic Return Receipt and 3. Also complete A. Signature, — livery Is desired. ' X udress on the revere ' the card to you. r B. Received by(P n _ :.� ' ._ ' !•sorb $io' a r,, '� it R-10 9lr°..5 0 P-