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Home My WebLink AboutNC0046531_Compliance Evaluation Inspection_20201221ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 21, 2020 CERTIFIED MAIL #: 7019 1120 0000 8361 1701 RETURN RECEIPT REQUESTED Darcy Small, Terminal Manager Colonial Terminals Operating Company, LLC 7720 Mount Holly Road Charlotte, North Carolina 28214 Subject: Dear Ms. Small: Notice of Violation Compliance Evaluation Inspection Lincoln Terminal NPDES Permit No. NCO046531 Mecklenburg County Tracking #: NOV-2020-PC-0544 Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 15, 2020, by Mr. Wes Bell of this Office. Please inform the facility's Operator -in - Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) due to the following: A new ORC was not designated within 120 days following the departure/invalidation of the previously designated ORC; No weekly visitations were performed by the only designated operator (Backup ORC) during five weeks: The Backup ORC visitations exceeded 40% of the required visitations over a calendar year (2020). Please be advised that these designation and visitation failures are violations of the subject NPDES Permit, North Carolina General Statute (G.S.) 143-215.1 and 15A North Carolina Administrative Code (NCAC) 8G .0204 and .0205 as detailed in the Record Keeping Section of the attached report. Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143- 215.1. Penalties may also be assessed for any damage to surface waters of the State that may result from the violations. D_;� North Carolina Department of Environmental Quality I Division of Water Resources EMooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NOR7H ORROLINA i NW-1 m EnNromi W -'; � 704.663.1699 Darcy Small Page Two December 21, 2020 It is requested that a written response be submitted to this Office by January 11, 2021, detailing the actions taken to address these violations. In responding, please address your comments to the attention of Mr. Wes Bell. Should you have any questions concerning this letter, please do not hesitate to contact Mr. Bell at (704) 235- 2192, or via email at wes.bell(&ncdenr. gov. Sincerely, Docu Signed by: A41-04 w H P44,ft for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosure: Inspection Report United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 u 3 I NCO046531 111 121 20/12/15 I17 18 LC] I 19 I s I 20L] 21111I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------- Reserved ------------------- 67 2.0 701d I 71 I„ I 72 I r., I 71 I 74 79 I I I I I I I80 L—I ty L-1 I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:50AM 20/12/15 15/10/01 Lincoln Terminal 7720 Mount Holly Rd Exit Time/Date Permit Expiration Date Paw Creek NC 28130 12:50PM 20/12/15 20/05/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Glenn Fredrick Price/ORC/336-996-2841/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Joseph A Blount,1185 Sanctuary Pkwy Ste 100 Alpharetta GA 30009/President/678-762-2200/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenar Records/Reports Self -Monitoring Progran 0 Sludge Handling Dispo: Facility Site Review Effluent/Receiving Wate Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wes Bell DocuSigned by: DWR/MRO WQ/704-663-1699 Ext.2192/ 12/18/2020 2 re& A61696D90CC3437... Signature of M @rigei6�Reviewer Agency/Office/Phone and Fax Numbers Date Andrew Pit j*lt" H PZU%WR/MRO WQ/704-663-1699 Ext.2180/ 12.21.2020 F161FB69A2D84A3... EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) NCO046531 I11 12I 20/12/15 117 18 i c i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) On -site Representatives: The following Company personnel were in attendance during the inspection: Mr. Glenn Price/Backup ORC (contracted operator), Mr. John CuIbreath/Environmental Specialist and Mr. Brian Carroll/Termina Operator. RECORD KEEPING SECTION cont'd: The previous ORC's certification became invalid in December 2019. The owner has failed to designate a new ORC to date. Please be advised that the owner must designate an ORC that possesses a valid certificate of the type and grade of the system within 120 days following a vacancy it the position of ORC or Backup ORC [References: 15A NCAC 08G .0201 and NPDES Permit Part II, Section C(1) Certified Operator]. The NPDES treatment facility was not visited by the only designated operator (Backup ORC) during the weeks of 12/29/2019, 7/26/2020, 8/2/2020, 8/9/2020 and 9/6/2020. Please be advised that the ORC and or Backup ORC, when acting as surrogate for the ORC, must visit each Class I facility at least weekly [References: 15A NCAC 08G .0204 and NPDES Permit Part II, Section C(1) Certified Operator] In addition, the Backup ORC when acting as surrogate for the ORC, cannot exceed 40% of the required visitations over a calendar year (References: 15A NCAC 08G .0205). Page# Permit: NCO046531 Owner -Facility: Lincoln Terminal Inspection Date: 12/15/2020 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ 0 ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: The Drevious owner did not submit a Dermit renewal aDDlication within 180 days of the permit expiration date. The Division received a request for a name/ownership change (from current owner) on 9/29/2020. The Division approved and incorporated the ownership change into the draft permit issued on 10/13/2020. The final permit has not been issued to date. The last compliance evaluation inspection at this facility was performed by Mecklenburg County Stormwater Services staff on 7/25/18. Record Keeping Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operatc on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification' Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Yes No NA NE • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ Page# 3 Permit: NCO046531 Inspection Date: 12/15/2020 Record Keeping Owner -Facility: Lincoln Terminal Inspection Type: Compliance Evaluation Yes No NA NE Comment: The records reviewed durina the insDection were oraanized and well maintained. Discharae Monitoring Reports (eDMRs) were reviewed for the period September 2019 through Octobel 2020. No effluent limit violations were reported and all monitoring frequencies were correct. No effluent limit violations were reported and all monitoring frequencies were correct. Please see "Summary" Section for additional comments regarding ORC designation and facilitv visitations. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? 0 ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? 0 ❑ ❑ ❑ # Is the facility using a contract lab? 0 ❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑ Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ 0 ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ 0 ❑ Comment: Pace Analytical Services, Inc. has been contracted to perform all effluent analyses. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ 0 ❑ Is sample collected below all treatment units? 0 ❑ ❑ ❑ Is proper volume collected? 0 ❑ ❑ ❑ Is the tubing clean? ❑ ❑ 0 ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type 0 ❑ ❑ ❑ representative)? Comment: The subject permit requires effluent grab samples. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Page# 4 Permit: NCO046531 Owner -Facility: Lincoln Terminal Inspection Date: 12/15/2020 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Comment: Any water (stormwater runoff, etc.) from the truck loading rack (TLR) is treated (oil/water separator and carbon adsorption) prior to being discharged into the second secondary containment structure. The stormwater collected in the secondary containment structure adjacent to the TLR is also pumped into the second secondary containment structure equipped with a manually activated discharge valve. The facility is inspected daily during all business days and Hepaco has been contracted to remove/dispose of the contents in the trans -mix tank on an as -needed basis. Although no effluent total suspended solids and turbidity violations have been reported, this Office recommends the facility staff to provide a gravel/rock cover for the small areas of exposed dirt observed within the secondary containment structures. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ 0 ❑ Is flow meter calibrated annually? ❑ ❑ 0 ❑ Is the flow meter operational? ❑ ❑ 0 ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: Effluent flows are based on an instantaneous flow rate and duration of discharge. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ 0 ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: The facility was not discharging at the time of the inspection. The manually operated discharge valve was secured with a lock. The accumulated water inside the dike (near the discharge outfall) appeared clear with no petroleum sheens. Page# 5