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HomeMy WebLinkAboutNCG100158_Reissued NOV_20200221 ROY COOPER ~ Covemor MICHAEL S.REGAN Secretary BRIAN WRENN NORTH CAROLINA Acting Director Environmental Quality February 21, 2020 CERTIFIED MAIL: 7018 0040 0000 4771 9862 RETURN RECEIPT REQUESTED C & R Auto Sales, Inc. Attm Renita Sasser, Owner 5430 Turkey Highway Turkey, NC 28393 Subject: NOTICE OF VIOLATION (NOV-2020-PC-0069) NPDES Stormwater General Permit NCG100000 C & R Auto Sales, Inc. C & R Auto Sales, Inc., Certificate of Coverage NCG100158 Sampson County Dear Ms. Sasser: This Notice of Violation is being resent due to an address update. On January 23, 2020, Melissa Joyner and Penny Markle from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the C & R Auto Sales facility located at 5430 Turkey Highway, Sampson County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG100000 under Certificate of Coverage NCG100158. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary to Six Runs Creek, a Class C, Sw stream in the Cape Fear River Basin. As a result of the site inspection, the following permit conditions violations are noted: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been fully developed, recorded, or properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3)Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street,Suite 7141 Fayetteville,North Carolina 28301 ro: =,rc umamwiin 910.4333300 Action Items Immediately review, amend and properly implement the facility's Stormwater Pollution Prevention Plan. Conduct and record Analytical and Qualitative monitoring per the conditions of General Permit NCG100000 for the next monitoring period. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at(910)433-3300. Sincerely, 1mo�Bounty, PE ---- Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report ec: William E. (Toby) Vinson, PE, CPESC, CPM, Program Operations Chief—DEMLR (via email) Annette Lucas, PE, Stormwater Program Supervisor—DEMLR, Stormwater Program (via email) Alaina Morman, Environmental Specialist—DEMLR, Stormwater Program (via email) cc: FRO—DEMLR, Stormwater Files Compliance Inspection Report Permit: NCG100158 Effective: 11/01/18 Expiration: 05/31/21 Owner: Jimmy Lee Sasser SOC: Effective: Expiration: Facility: C 8 R Auto Sales Inc 5430 Turkey Hwy County: Sampson Region: Fayetteville Turkey NC 28393 Contact Person: Renita Sasser Title: Phone: 910-592-8207 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 01/23/2020 Entry Time: 01:05PM Exit Time: 02:41 PM Primary Inspector: Melissa A Joyner MA5 Phone: Secondary Inspector(s): Penny Markle`PAA Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Used Motor Vehicle Parts Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 permit: NCG100158 owner•Facility:Jimmy Lee Sasser Inspection Date: 01/23/2020 Inspection Type;Compliance Evaluation Reason for Visit: Routine Inspection Summary: Ms. Melissa Joyner and Ms. Penny Markle met with Ms. Renita Sasser,Owner,at the C&R Auto Sales, Inc.facility to conduct an industrial stormwater inspection. Ms.Sasser is the current owner of the facility but Mr.Jimmy Sasser is still shown as the person who is legally responsible for the facility which is no longer correct.An Owner Designation/Affiliation form will need to be submitted with the updated information of the person who is legally responsible for the facility.This form may be accessed at this link: https:/Iedocs.deq.nc.gov/Forms/SW-Owner-Affiliation.The Stormwater Pollution Prevention Plan (SPPP)was reviewed.A current Certificate of Coverage was not available in the SPPP.There was a general map but no site map with the information required per the conditions in General Permit NCG 100000.The SPPP did not include:a narrative,an updated SPPP team,the notation that there have been spills or no spills during the last three years,the certification statement that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges,spill prevention and response procedures,documentation of employee annual training,a feasibility study,a best management practices summary and documentation of facility semi-annual facility inspections. - The Analytical and Qualitative Monitoring records were reviewed. Monitoring was recorded for 5/23/2013 and 1 211 7/2 0 1 9. Total Toxic Organics was not being monitored which will need to be initiated immediately.The monitoring results for December 2019,showed that there was a lead exceedance noted at Outfall A. If there is another lead exceedance recorded during the next monitoring period at Outfall A,the facility will be in Tier Two.This means that monthly monitoring will need to occur(not including periods with no discharge)for all parameters until there are three consecutive sampling results that are below the benchmark values or within the benchmark range. If there is no discharge,"No Flow"should be noted on the Discharge Monitoring Form. Outfalls A and B were inspected.There was a concrete and metal structure stored near the Swale leading to Outfall A. Ms. Sasser said that she was planning to relocate this structure.There were also bare,graded slopes near the Swale which should be stabilized with permanent groundcover.Outfall B appeared in good condition. Page 2 of 3 Permit: NCG100158 Owner-Facility:Jimmy Lee Sasser Inspection Date: 01/23/2020 Inspection Type:Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 ❑ ❑ ❑ #Does the Plan include a General Location(USGS)map? N ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ N ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ 0 ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ E ❑ #Does the Plan include a BMP summary? ❑ N ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? 0 ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? - ❑ ❑ ❑ #Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ #Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: The Stormwater Pollution Prevention Plan has not been fully developed recorded, or properly implemented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ! ❑ Comment: Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ N ❑ ❑ #Were all outfalls observed during the inspection? E ❑ ❑ ❑ #If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ 0 ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 ❑ ❑ Comment: Page 3 of 3