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200502365_Complete File - Historical_20171231
NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CER1'11+1ED MAIL RETURN RECEIPT REQUESTED Mr. John R. Jolly, Terminal Manag Kenan Transport Co. 8124 Old Mount Holly Road Charlotte, NC 28214 Subject: Dear Mr. Jolly: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 6, 2005 7003 2260 0001 3492 6726 NOTICE OF VIOLATION Incident #: 200502365 Tracking #: NQV-2005-OC-0016 G.S. 143-215.75 - Oil Pollution and. Hazardous Substances Control Act of 1978 Discharge of Gasoline Kenan Transport Co. Intersection of I-485 South .& I-85 South Mecklenburg County, NC Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On August 21, 2005, Donald Ceccarelli of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of the property located at the intersection of I-485 South and I- 85 South This investigation was conducted as part ofa cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.83(a): Discharge of approximately 1,300 gallons of petroleum (gasoline) onto the ground surface. The discharge flowed over land and entered Paw Creek, a Class C water in the Catawba River Basin. Mooresville Regional Office 610 East Center Avenue, Suite 301, Moor e�svilie, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 met: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nor�thCarolina Qtlll'Qlllf Mr. John R. Jolly Kenan Transport Co. Page Two September 6, 2005 To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity, to collect, remove and properly dispose of the discharge material, including any contaminated soil, and to restore all affected areas as nearly as may be to the conditions existing prior to the discharge. It is recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. Be advised that, pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of ©i in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S. 143- 215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5000.00) for each such violation. Penalties may also be assessed for the damages to the surface waters of the State that may result from the unpermitted discharge. You will be advised of any enforcement recommendation. There is evidence that the soil contamination resulting from this discharge is significant. Samples should be collected from the base of the excavated areas to confirm removal of the contaminated soil. Samples should also be collected from the excavated material to identify the petroleum contaminants. Your consultant or the MCWQP staff would be able to advise you concerning the appropriate analyses for petroleum contaminated soil. It is recommended that no backfill to any of the excavated sites be made until a review has been made of the analytical data. It is requested that you respond, in writing, to this Notice, indicating the measures taken to collect and remove the discharge and to restore all affected areas, and also any measures taken to prevent future discharges. The response should also indicate the disposal location for any removed discharge material, contaminated soils, or waters and include a copy of the analytical documentation for the site remediation. Please address your response to me by no later than September 30, 2005. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgernan or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Superviso Mr. Rusty Rozzelle, MCWQP DRG/dpc Kenan Transport — Gasoline Tanker Spill Activity Report 1-485 S & I-85 S 8-20-05: Don Ceccarelli (DPC) arrived at the scene @ 3:20am and met with Gary McCormick (GM), Chief of CFD, who was the incident commander. GM indicated that a 9000-gal gasoline tanker (Kenan Oil Co.) had overturned in the median of 1-485 and estimated that about 1300 gallons of gasoline was released. The driver's name was Joe Patterson and Kenan's on -site representative was John Jolly, Terminal Manager for Kenan Transport Co. (wk: 704-399-1596, cell: 704-576-6916). State Highway patrol, County Police, and NCDOT personnel were also on site to oversee the incident. CFD had stopped the leak from the tanker and was in the process of transferring the remaining tanker contents into another tanker. GM indicated that he believed the gasoline soaked in the soil and was contained in the median because they found a storm drain outlet pipe on either side of 1-485, but did not see indication of gasoline in these pipes. CFD had placed an absorbent boom on pooling water near the outlet pipe in the event some gasoline reached the pipe. GM also indicated that Shamrock Environmental had been called and was enroute from (ireensboro, NC. DPC inspected the tanker and noted that the tanker had overturned onto a storm drain inlet. DPC traced the storm drain pipe which led to a drainage ditch, then to a former sediment basin along side Paw Creek. DPC collected surface grab samples of the liquid pooling: 1) near the discharge pipe, 2) in the drainage ditch, 3) from the sediment basin, and 4) from Paw Creek. These grab samples showed that the pooling water from all locations had a floating petroleum layer. DPC informed GM that gasoline had reached Paw Creek and requested that absorbent booms be installed near the weir of the sediment basin to prevent further discharge to Paw Creek. Shamrock personnel arrived on site about 5:20am, but response trucks did not arrive until 7:30am due to equipment issues. DPC instructed Shamrock to install additional booms across Paw Creek downstream of the sediment basin near the 1-85 box culvert to minimize downstream gasoline impacts. Shamrock began evacuating the liquid in the drainage ditch and in the sediment basin. CFD emptied their lines of foam fire -fighting agent onto the ground surface (away from the storm drain drop inlets) and left the scene shortly after the arrival of Shamrock. West Meck FD came back to the scene and flushed the storm drain from the drop inlet to the storm drain outlet three times while Shamrock evacuated the liquid from the outlet. West Meck FD said they had received several calls from homeowners near the intersection of Paw Creek and Wilkinson Blvd. indicating they were awakened by strong petroleum fumes. DPC investigated Paw Creek at this location (which is downstream of where the release occurred) and noted a petroleum sheen and odor in Paw Creek. Within a 3-minute time period, DPC counted 8 dead crayfish, 3 dead bluegills, and 6 dead catfish floating down the creek. DPC also noted several nearly dead fish. Shamrock's excavator arrived on site and began excavating the drainage swale in the median near the drop inlet at 9:45am. Shamrock used a PID to screen the soils during the excavation and DPC observed the activities, which continued into the afternoon. Approximately 90 feet of the swale was excavated from 1 foot in depth to 7 feet in depth (alongside the storm drain drop inlet). PID readings for two soil samples taken from the floor of the excavation at the deepest point (@ 7 feet) read 0.0 ppm and 0.0 ppm, respectively. The excavated soil was placed into dump trucks and dump trailers for transport to a soil remediation farm in Lattimore, NC. Prior to leaving the site, DPC called John Jolly, and informed him of the status of the cleanup and the recommended next steps, which were: 1. Since gasoline reached Paw Creek, DPC instructed John Jolly to call NRC. Mr. Jolly indicated that his insurance company had made that report for him. 2. Continue evacuating all liquids from the drainage ditch and sediment basin. 3. Allow the ditch to dry out so that the soil could be checked for contamination and impacted material could be excavated and disposed. DPC would make arrangements with Shamrock on Monday. 4. Backfill the excavation in the median of I-485 to allow re -opening of the I-85 & I-485 interchange. Mr. Jolly agreed with the recommended steps as proposed by MCWQP 8-21-05: DPC performed a followup inspection of the area and noted that the drainage ditch was mostly free of standing liquid with the exception of the sediment basin (which had a layer of gasoline on it) and the storm drain outlet (which had a sheen on it). Also, the excavation in the median of I- 485 had been backfilled, seeded, and strawed. DPC also noted that Paw Creek had a sheen on it upstream of the boom. DPC walked the entire length of the ditch and collected grab soil samples and noted petroleum odors along the entire ditch. DPC called and left a message with Keith Burch of Shamrock that additional evacuation of liquid and additional excavation of the ditch would be needed. 8-22-05: DPC and David Caldwell visited the site with Shamrock to evaluate conditions and plan additional activities. Based upon the evaluation, MCWQP would require the following additional actions: 1. Evacuating remaining liquids in the ditch 2. Removal of obvious impacted soils from the ditch and sediement basin 3. After excavation, collect and field screen soils every 20 feet along the ditch and submit results to MCWQP. 4. Collect two floor soil samples from the sediment basin and submit to a certified laboratory for gas range organics. 5. Evacuate surface liquids from Paw Creek upstream of the boom to remove sheen / gasoline layer. 6. After evacuation of liquids, replace the boom across Paw Creek. 7. MCWQP collected surface water samples from Paw Creek at upstream and downstream locations and at the area of the boom for submittal to a laboratory for volatile organic analyte analysis (EPA 8260). DPC called Mr. John Jolly and informed him of the above 7 items. He indicated he was OK with the plan forward and wanted to make sure it got cleaned up. DPC also informed Mr. Jolly that he would likely receive an NOV for this incident as the responsible party. He understood. Ken FIGURE 1 Topographic Map Transport Gasoline Tanker Spilt (2008-00898) KenanTankerSpill-1 rinMecklenburg County (CHARLOTTE) on 08/20/2005 03:25:38 AM Page 1 of 5 NC Division of Emergency Management Emergency Report Form (Rev 2.0) Taken by: J Ray Date Occurred: 08/22/2005 Reported by: Ray Allen County: Mecklenburg Date Reported: 08/20/2005 Time Occurred: 02:00 AM Agency: XL, Ins. City: CHARLOTTE EVENT TYPE Time Reported: 03:22 AM Phone: 610-436-4228 EM Area: W 12 Weather Event: Wx Event Name: FNF Event: FNF Type: FNF Class: Fire Event: OTHER EVENT: HazMat Event: Gasoline HazMat Class: Petroleum HazMat Mode: Transportation Non-FNF Event: Complaint: SAR Event: Event Description: XL Insurance filled a report for Kenan Transport regarding one of their transport tankers which overturned on the entrance ramp from 1-485 to 1-85 in Charlotte. One compartment of the tanker was reported damaged and an undetermined amount of gasoline was released. Local Hazmat crews were on the scene containing the release and the remaining fuel was being pumped off at the time of this report. No waterways or the interstate were affected, no state assistance was necessary. 0908 - The SWP updated us on an accident that was called in earlier this morning. A tanker overturned spilling 8900 gallons of gasoline onto the roadway and soil. Charlotte Fire Department, SHP, and DOT responded to the scene and the EPA has been notified. Locals have notified a clean up contractor who is removing the contaminated soil. Attachments: A High severity incident has been Added for I-85 South Bound in Mecklenburg County in Charlotte: at MM 30: Ramp Closed. The incident started at 8/20/2005 10:39:00 AM and is expected to end at 8/20/2005 5:00:00 PM. Vehicle Accident: Fuel spill I-85 Southbound on the ramp to exit 30A (I-485 N); the ramp is closed at this time. NATIONAL RESPONSE CENTER - FLASH FAX ***GOVERNMENT USE ONLY***GOVERNMENT USE ONLY*** DO NOT RELEASE this information to the public without permission from the NATIONAL RESPONSE CENTER 1-800-424-8802 Incident Report # 769769 INCIDENT DESCRIPTION *Report taken by: CIV WILLIAMS at 11:51 on 20-AUG-05 Incident Type: MOBILE Incident Cause: UNKNOWN Affected Area: DRAINAGE DITCH The incident occurred on 20-AUG-05 at 02:00 local time. Affected Medium: WATER DRAINAGE DITCH REPORTING PARTY Name: RAYMOND ALLEN http://149.168.212.17/EM_live/EMReport.NSF/a6413acc304fce69852566f20012732f/027... 8/22/2005 rin Mecklenburg County (CHARLOTTE) on 08/20/2005 03:25:38 AM Page 2 of 5 Organization: XL ENVIRONMENTAL Address: 600 EAGLE VIEW BLVD. EXTON, PA 19341 PRIMARY Phone: (800)4322481 Type of Organization: PRIVATE ENTERPRISE SUSPECTED RESPONSIBLE PARTY Name: JOHN JOLLY Organization: KENAN TRANSPORT COMPANY Address: 8124 OLD MT HOLLY ROAD CHARLOTTE, NC 28214 Phone: (704)3991596 Type of Organization: PRIVATE ENTERPRISE INCIDENT LOCATION I485 ENTRANCE RAMP County: MECKLENBURG FROM SOUTH BOUND I85 IN CHARLOTTE City: CHARLOTTE State: NC RELEASED MATERIAL(S) CHRIS Code: GAS Official Material Name: GASOLINE: AUTOMOTIVE (UNLEADED) Also Known As: Qty Released: 1500 GALLON(S) Qty in Water: 0 UNKNOWN AMOUNT DESCRIPTION OF INCIDENT CALLER STATED A TANKER TRUCK OVERTURNED DUE TO UNKNOWN CAUSES AND RELEASED MATERIALS ONTO THE SOIL AND INTO A DRAINAGE DITCH. INCIDENT DETAILS Road Mile Marker: Length of Service Disruption: Airbag Deployed: ---WATER INFORMATION --- Body of Water: DRAINAGE DITCH Tributary of: UNNAMED CREEK Nearest River Mile Marker: Water Supply Contaminated: UNKNOWN ---MOBILE INFORMATION --- Vehicle Type: TANKER TRUCK Vehicle Number: UNKNOWN Trailer/Tanker Number: Vehicle Fuel Capacity: Cargo Capacity: 8900 GALLON(S) Cargo On Board: 8900 GALLON(S) http://149.168.212.17/EM_live/EMReport.NSF/a6413acc304fce69852566f20012732f/027... 8/22/2005 Mecklenburg County (CHARLOTTE) on 08/20/2005 03:25:38 AM Page 3 of 5 rir t Carrier: NO er Licensed: UNKNOWN Suspected Non Compliance: UNKNOWN DAMAGES Fire Involved: NO Fire Extinguished: UNKNOWN INJURIES: Hospitalized: Empl/Crew: Passenger: FATALITIES: Empl/Crew: Passenger: Occupant: EVACUATIONS: Who Evacuated: Radius/Area: Damages: Hours Direction of Closure Type Description of Closure Closed Closure Air: N Road: N Major N Artery: Waterway: N Track: N Passengers Transferred: NO Media Interest: NONE Community Impact due to Material: NO REMEDIAL ACTIONS CONTRACTOR (SHAMROCK ENVIRONMENTAL) ON THE SCENE AND CLEAN UP IS UNDERWAY. Release Secured: YES Release Rate: Estimated Release Duration: WEATHER Weather: CLEAR, °F ADDITIONAL AGENCIES NOTIFIED Federal: NONE State/Local: NCDCC, PUBLIC SAFETY DIV OF EM State/Local On Scene: MELLENBURG, FIRE, POLICE State Agency Number: 082005MBRG CTY NOTIFICATIONS BY NRC ATSDR NC (PRIMARY) 20-AUG-05 12:11 (919)7153591 DOT CRISIS MANAGEMENT CENTER (PRIMARY) 20-AUG-05 12:11 (202)3661863 EPA OEM (PRIMARY) (202)5643850 http:// 149.168.212.17/E1ive/EMReport.NSF/a6413acc304fce69852566f20012732f/027... 8/22/2005 in 'Fr County (CHARLOTTE) on 08/20/2005 03:25:38 AM Page 4 of 5 U.S. EPA IV (PRIMARY) (404)6504955 FEDERAL EMERGENCY MANAGEMENT AGENCY (PRIMARY) (800)6347084 GULF STRIKE TEAM (PRIMARY) (251)4416601 NC DEPT OF EMERGENCY MGMT (PRIMARY) 20-AUG-05 12:11 (800)8580368 NATIONAL INFRASTRUCTURE COORD CTR (PRIMARY) 20-AUG-05 12:11 (202)2829201 NOAA 1ST CLASS BB RPTS FOR NC (PRIMARY) 20-AUG-05 12:11 (206)5266344 NATIONAL RESPONSE CENTER HQ (PRIMARY) (202)2672100 SC EMERGENCY PREPAREDNESS DIVISION (PRIMARY) 20-AUG-05 12:11 (803)7378500 STATE OF NORTH CAROLINA DENR (PRIMARY) 20-AUG-05 12:11 (919)7335083 SC DEPT OF ENV CNTL ATTN: ERS (PRIMARY) 20-AUG-05 12:11 (803)2536488 TSA MARITIME AND LAND (PRIMARY) 20-AUG-05 12:11 (703)5633236 ADDITIONAL INFORMATION NO ADDITIONAL INFORMATION. *** END INCIDENT REPORT 769769 *** Report any problems or Fax number changes by calling 1-800-424-8802 PLEASE VISIT OUR WEB SITE AT http//www.nrr.uscg mil Deaths: Injuries: Responsible Party: Kenan Transport Point Of Contact: Evac: RP Phone: 704-399-1596 POC Phone: Radius: Event Location: 185 SB Ramp to 1485 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 System: Block= Square= Point= COUNTY AGENCIES Other Local Agencies: STATE AGENCIES http://1.49.168.212.17/EM_live/EMRep©rt.NSF/a6413acc304fce69852566f20012732f/027... 8/22/2005 Vin Mecklenburg County (CHARLOTTE) on 08/20/2005 03:25:38 AM Page 5 of 5 Other State or Federal Agencies: Notes: 0912 - Water Quality paged 0913 - Darryl w/ Water Quality notified 0914 - Paul Denison notified EM Hours: SAR Hours: Call #: http://149.168.212.17/EM_live/EMReport.NSF/a6413acc304fce69852566f20012732f/027... 8/22/2005 SHIELD ENGINEERING, INC. September 13, 2005 Mr. Rex Gleeson North Carolina Department of Environment and Natural Resources Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Re: Southeastern Logistics - Diesel Fuel Spill CDC Distribution 1531 Tar Heel Road Charlotte, NC Date of Spill: August 23, 2005 Dear Mr. Gleeson: SEP 1 4 200:i 'AT TY SEC ION Shield Engineering, Inc. (Shield) has completed the remediation of the above referenced incident. On behalf of Southeastern Logistics, Shield submits this report of site clean up activities and requests closure for this incident. Shield will assume that the North Carolina Department of Environment and Natural Resources (NCDENR) has granted closure if we have not received correspondence from the NCDENR after 30 days of receipt of this report. Please contact the undersigned at (704) 394-6913 if you have any questions. Sincerely Action Environmental( Group es Wellons, L.G. Project Manager Registered, NC #1647 Attachments rry Moss, Southeastern Logistics even B. Lucas, L.G. Principal Geologist Registered, NC #1402 4301 Taggart Creek Road Telephone 704,394.6913 www.shieldengineering.com Charlotte, NC 28208 Fax 704.394.6968 Incident Cleanup eport Southeastern Logistics - Diesel Fuel Spill August 23, 2005 C 1 C Distribution 1531 Tar eel Road Charlotte, North Carolina ec enburg Coun Prepared for: Southeastern Logistics 5236 Wilkinson Boulevard Charlotte, NC Prepared By: Shield Engineering, Inc. 4301 Taggart Creek Road Charlotte, NC 28208 September 13, 2005 ident Cleanup Report Southeastern Logistics — Diesel Fuel Spill CDC Distribution 1531 Tar Heel Road, Charlotte, NC eduction pact of Spill Potential Recepto> Table Site Location Map Site Map R©J ECl`S12005\Southeas to ogistics\Cleanup Report September 05.doc September 13, 2005 Page i Page 1 Incident Cleanup Report Southeastern Logistics — Diesel Fuel Spill CDC Distribution 1531 Tar Heel Road, Charlotte, NC September 13, 2005 Page 1 Introduction On August 23, 2005, a release of diesel fuel occurred at the CDC Distribution warehouse property located at 1531 Tar Heel Road, Charlotte, North Carolina (Figure 1). The release occurred when a saddle tank on a Southeastern Logistics truck hit a curb as the truck was backing a trailer to a dock. The impact caused the saddle tank to fall partially off of the truck. On August 24, 2005, Shield Engineering, Inc. (Shield) visited the CDC Distributors property to investigate the extent of the release. Impact of Spill The spilled diesel fuel affected an asphalt area and a storm drain in the vicinity of the docks. It was estimated that 50 gallons of diesel fuel was released. No surface water bodies were affected by the release. Figure 2 illustrates the area of impact. Potential Receptors Shield did not observe any surface water bodies or water supply wells near the spill area. The extent of the release was limited to the asphalt parking area and a storm drain. The City of Charlotte supplies municipal water to the property as well as the surrounding area. Remedial Action On August 24, 2005, Shield contacted STAT, Inc. of Hudson, North Carolina to respond to the release. STAT applied absorbent material to the affected areas and recovered diesel fuel from the storm drain using a vacuum truck. The storm drains were subsequently flushed with water. On August 25, 2005, STAT returned to the site to power wash the asphalt parking area. All rinsate water was recovered with the vacuum truck. Approximately 400 gallons of rinsate water and diesel fuel were disposed of by STAT at their Hudson, North Carolina facility. Non -hazardous waste disposal manifests are included as Appendix A. Conclusion Based on cleanup activities performed by STAT and since the diesel fuel release was limited to asphalt and a storm drain, Shield requests that no future action be required for this incident. ouAoRmar4E LQCATID+ USGS MOUNTAIN ISLAND LAKE, NC SHIELD ENGINEERING, INC. 4301 TAGGART CREEK ROAD CHARLOTTE, NC 28209 704,394,013 704-9g4-efl98 fax www Ah.Ndenwnea,9.uom SITE LOCATION MAP SOUTHEASTERN LOGISTICS - DIESEL FUEL SPILL CDC DISTRIBUTION 1531 TAR HEEL ROAD CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA DATE : 09/13/05 DRAWN BY : DE SCALE : AS SHOWN FIGURE : 1 H:\ACTION\PROJECTS\2©©5\SOUTHERN LOGISTICS\SITE MAP LEGEND: PROPERTY BOUNDARY STORM DRAINS AFFECTED BY RELEASE APPROXIMATE EXTENT OF DIESEL FUEL IMPACTED AREA NOTES: 1- SITE MAP BASED ON MECKLENBURG COUNTY, NC POLARIS. 2- ALL LOCATIONS ARE APPROXIMATE. PARKING AREA GRAPHIC SCALE APPROXIMATE SCALE: 1 in..: 200 ft. SHIELD ENGINEERING, INC. SITE MAP 4301 TAG ',ART CREEK ROAD CHARLOTTE, NC 28208 104394W,3 1704w68 394,M Meltlr•piMen, COM SOUTHEASTERN LOGISTICS - DIESEL FUEL SPILL CDC DISTRIBUTION CHARLOTTE, MECKLENBURHEEL C©UNTTY©NORTH CAROLINA DATE : 09/13/05 SCALE : AS SHOWN DRAWN BY : DE FIGURE : 2 5 01_56 5 Q 1eaA ABS gluon alga wog Aalsewlegel^^^O+ e0B9.IZ9 (00B) ®tt3LSV pvuy)3 9Jis 61. wan ul palou se ldo,xa `lsatluew slgl Aq paianoa sleualew arsem aqt to ldlaaaJ to uouealtlpa3 Lotwado Jo lam' b130 d JeOA Aep won area alnleu6ls atn1eu61s aaeds uopeatpul /ouedaiaslo `61 u)13V Z tapodsuell 'tit S N PadAj,paluud sle00lew3 10 Idtaaad to luawa6palmourV 1 leyodsueil `(1 aweN pe 1tPeluud 'suolleln6ad e$sem snop,ezeq letapat of l3algns tou ade Isetluew sett uo paquasep sleualew ayl -uodsuan lot uoplpuoa ladowd ul sloadsal t}e ul pie pug paquosap AlaleIn33e pug Aunt ale Iuawdlys stgl to slueluo3 all tell AIBla3 Agway I tNOIlV3IdllH3a S,HOlVH3N30'9t anogV palsy salseM of sapoo ouupuSH 'H Atqueno I0(01 'EL odAL 'oN siauietuo3 '3t al sAiPed al0IS'3 auogd a 0auodsuedl al s iapodsueil ales '3 auoyd 4lopodsuel `g of s,apodsuel °lets'V sagwnN a1 Vd lagwfN al Vd3 sn 4/Monv-Ai iagwnN al Vd3 Sn Air 1is1 i"-vasty; + ; 6o7 /0'1 uoyewdotul Ieuot6PPV pug suoqungsul 6utlpueH Iet3adS'St anogV palsy slaualetry sot suoild03se u N©IldIH3S3a 31SVM't -7v-07,73 "1,7 �IVZ �Y.5 ssa3pp0 a1!S pug aweN Alleae3 pateu6tsa '6 aweN Auedwo3 Z JepodsueJl'C awery Auedwo3 L lapodsue L. ( ) auogd sloleWauag .b pV 6ulllew pug aweN s,io1eaua9 'E 1S3dINVIN 31SVM aN al Vd3 sn 9,10Ie1a(l0 1 Sn©©UVZVH-NON dAt (g311d y 11 atlla uo asn dot pau6lsop woo j) adA1 to luud as 0 V 1S3IINVIN 31SVM Sf100HVZVH-N©N d Please print or type NON -HAZARDOUS WASTE MANIFEST (Form designed for use on elite (12 pitch) typewriter) NON -HAZARDOUS WASTE G E E NON -HAZARDOUS WASTE MANIFEST 3, Generator's Name and Mailing Address 4, Generator's Phone ( 5. Transporter 1 Cornpany Name 7. Transporter 2 Company Name Designated Facility Name and Site Address 1. Generators US EPA ID No, SiR.� IV& 3 00. EC L 0-A 4 1-1 �� �,an n� A.ssG3V 11, WASTE DESCRIPTION a R c. A T 0 T R A 0 s p T E R F A T Y d. G. Additional Descriptions for Materials listed Above 15. Special Handling (nsteuctions and Additional Information r V L09,r. ics N Sol'- Blvd- 15 31 TA - Sao US EPA ID Number rtr-P7S(07AAJi42 US EPA ID Number 10. US EPA ID Number Manifest Document No0 i A. State Transporter's ID porter C. State Trans 503 of Phone g'3 I , A30 t D D. Transporter 2 Phone E. State Facility's ID F. Facility's Ph ne /21 a7/�1 12. Containers No, Type col 13. Total Quantity H. Handling Codes tor Wastes Listed Above '16. GENERATOR'S CERTIFICATION: I hereby certify that the contents of this shipment are fully and accurately described and are in all respects in proper condition for transport, The materials described on this manifest are not subject to federal hazardous waste regulations, Printe�d(T ed Name 17. Transporter 1 Acknowledgement of Receipt of Materials ANt 18. Transporter 2 Acknowledgement of Receipt of Matertiati Printed/Typed Name Printed/Typed Name 19. Discrepancy Indication Space 20. Facility O t r or Operator; Certif Signature g Signature ion of receipt of the waste materials covered by this manifest, except as noted in item 19. CF 14 rr02002 .�r ' 0 (800) 6215808 www. labelrnaster.com 14. Unit Wt.Nol. Dale Month Day Year S tZ5l2o5 Date Month Day Year 0 5 11,5 Date Month Day Year Date 44* NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Morris Alexander, Owner University Carwash Oil & Lube 7723 University City Boulevard Charlotte. N.C. 28213 Subject: Dear Mr. Alexander: William G. Ross, Jr., Secretary Alan W. Klimek, P.E.. Director *,1a: ch 8, 2005 7003 2260 0001 3551 8432 NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Incident #: 200500584 Tracking #: NOV-2005-DV-0008 Violation of G.S. 143-215.1(a) Discharge of Wastewater University Carwash Oil & Lube 7723 University City Boulevard, Charlotte Mecklenburg County, N.C. Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On February 24, 2005, Mr. Christopher Elmore of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 7723 University City Boulevard in Charlotte, NC. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a): Discharge of wastewater to the storm drain via an unpermitted outlet. This discharge is in contradiction to the corrective actions reported in a written response from Mr. Alexander to a previous NOV issued by the Division of Water Quality for a violation of this same type found on February 23, 2004. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper N©rthCar©lina Naturally Mr. Morris Alexander University Carwash Oil & Lube Page 2 March 8, 2005 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 is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. To comply with the law, it will be necessary to immediately discontinue all illegal discharge actin. It is also recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. It is requested that you respond, in writing, to this Notice, indicating the actions you have taken to correct the violation. Please address your response to me by no later than March 25, 2005. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC, 28202. The purpose of this letter is also to notify you that this Office is considering sending a Recommendation for Enforcement to the Director of the Division for the subject violation. If you have an explanation for the violation that you wish to present, please include it in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director, along with the enforcement package for his consideration Should you have q estions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Rusty Rozzelle, MCWQP DRG/cfe File name: UniCarWash2005-00241A.nov.doc ky i1P151 �r 111IIY im m�wmlllllllluuuu r uuu 1111111111 PAGE NO: 1 05 ACTIVITY REPORT LOG NUMBER: TYPE OF ACTIVITY: FILE DESCRIPTOR: 2005-00241 Field Report IC-F(1)-CIUNIVERSITY CAR WASH OIL & LUBE SITE INFO SITE UNIVERSITY CAR WASH, OIL & LUBE ADDRESS: 7723 UNIVERSITY CITY BV CHARLOTTE NC 28213- - CONTACT: BUSINESS PHONE NO: Morris Alexander ( ) - ACTIVITY ACTIVITY DATE:02/24/2005 PARCEL ID: 04924107 2/24/2005: I inspected University Car Wash, Oil & Lube. I found that a sump pump had been placed back into the car wash system exactly like it was found last year at this site (pls. see EPIC# 2004-00187). The pump was not running at the time I found it, but it was obvious from residual water found at the hose end that it had been discharging recently. The pump was obviously arranged to discharge wastewater from the carwash in violation of NCGS 143.215.1 and the Charlotte City Code. NOVs for violating both laws have been sent to the business owner, Mr. Morris Alexander, on two separate occasions when this same arrangement has been found at his business. This is his third recorded offense for the same Water Quality violation, discharging wastewater to the storm drain system and having an illicit connection set up to discharge wastewater illegally to the storm drain. Mr. Alexander explained the situation by repeatedly stating that he was not discharging to the storm drain and that he just "Dropped the pump in there because that is what I do with it." which I took to mean he was claiming that he stored it there. When I asked him to explain why he stored the pump there instead of in the nearby fenced storage area where another pump was stored, (see photo) he was unable to give me a satisfactory answer. I directed Mr. Alexander to remove the sump pump from the pit, he complied with this directive. When he removed the pump, water and foam flowed out of the hose, indicating it had been recently. When I pointed this out, Mr. Alexander indicated that he had been using the hose to clear another portion of the carwash system of water, before he placed the hose into the arrangement I found it in. I asked him to explain why, if that were the case, the pump had the hose directed out into the parking lot towards the storm drain and the power cords were arranged in such a way as to make it appear that the pump was being used regularly in the position I found it in. Mr. Alexander repeated that the pump was not used it its current position. I pointed out that the power cords were arranged in a manner which indicated that the pump was being used in the pit. With an extention cord run out to the pump cord. Mr. Alexander repeated that the pump was not used in the pit. I contacted Richard Farmer and Rusty Rozzelle with MCWQP and it was determined that MCWQP would request enforcement from the State for this infraction. I contacted Richard Bridgeman of NCDENR and informed him of my findings and of the MCWQP desire for enforcement in this matter. I sent him photographs of the illicit connection. 2/25/2005: Richard Bridgeman contacted me and informed me that I could proceed with drafting an NOV-NRE from the State for this violation. I completed draft of NOV-NRE and submitted it to Richard Farmer for revision. I contacted Mr. Morris Alexander and informed him of the decision to issue him an NOV-NRE for the connection. 2/27/2005: I visited the site, the pump was not connected at the time of my visit. 2/28/2005: I visited the site, the pump was not connected at the time of my visit. I submitted the NOV-NRE to Derrick Harris of MCWQP for review. I made his corrections and have submitted it for issuance. AlIACHMENTS 05 ACTIVITY REPORT PAGE NO: 2 STATUS: OPEN DATE CLOSED: / / TIME ON SITE: 0:45 TRAVEL TIME: 2:00 ADMIN TIME: 2:00 MILEAGE: 0 SITE VISITS: 0 ENVIRONMENTALIST: REVIEWED BY: SAMPLES SUMMARY SIGNATURES Chris F. Elmore DATE 02/24/2005 DATE / / March 15, 2004 CERTIFIED MAID RETURN RECEIPT REQUESTED Mr. Morris Alexander, Owner University Carwash Oil & Lube 7723 University City Boulevard Charlotte, NC 28213 Subject: NOTICE OF VIOLATION Violation of G.S. 143-215.1(a) Discharge of Wastewater University Carwash Oil/Lube 7723 University City Boulevard NOV-2004-DV-0004 Mecklenburg County, NC Dear Mr. Alexander: Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On February 23, 2004, Mr. Christopher Elmore of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 7723 University City Boulevard in Charlotte, NC. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a): Discharge of wastewater to the stormwater collection system. 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 is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. Von yv he advised of any enforcement recommendation Mr. Morris Alexander Page 2 March 15, 2004 To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity. It is also recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. It is requested that you respond, in writing, to this Notice, indicating the actions you have taken to correct the violation. Please address your response to me by no later than March 31, 2004. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC, 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Rusty Rozzelle, MCWQP DRG/cfe File name: 200400187A.nov.doc 5 10: ®7 FF OMl- re vest-ir rax Note Co/Dept. T-011 P003/003 F-029 .-,''�' FR m �Y ems, an 4 11/21/2005 20:21 7045232704 0 BANDR el ail rssr % cfa acr 4228Hcvis Road Charlotte, N.C. 28208 Office (704) 399-3151 NC DEPARTMENT OFENVIRONMENT AND NATURAL RESOURCES DIVISION OF. WATER QUALITY MOORESVILLE REGIONAL OFFICE 61.0 EAST CENTER AVE SUITE 301 MO©RESVILLE, NORTH CAROLINA 28115 Re: Incident # 200502800 Tracking .#.NOV-2005-OC-0017 on,'P, PAGE 02 In response to your letter dated October 20, 2005 concerning the above referenced violation, we at St. Michael and All Angels Episcopal Church acknowledge the incident and have filed a claim with our properly insurance carrier — The -Church Insurance Company Of Vermont. Because they are not a local company, they have had to rely on a local independent appraiser to assess the damage and:get an agreed price for clean up with a local. contractor. It i our n erstandinng that there are several nearby privadfills that will accept , contaminated soil.' .The Brick Yard in Salisbury, NC is also available for disposal of this soil. When engaged, the contractor will dig; load'and haul this material, and will provide us with proper documentation of its disposal so that we can pass it along to your office. Insofar as further contamination is concerned; the tank has been removed and no longer poses a'diseharge threat. The church uses natural gas as its source of energy for heat and has used natural gas since 1984. We fuIly intend to comp! promises to be quite costly, so we are trying to IetThe insurance up WItt'resxoratt3t A copy of this letter will be sent toMr. Rusty.Ro Ms. 'Olivia Hutchins. Sincerely, Connie Seaso Senior Warden e's office to ents.'`1'ltt$ project mpany follow through. the attention of f 21/2005 20:21 7045232704 BANDR PAGE 01 2231 SOUTH BLVD CHAR' OTTR_ 4C 252t? 704-377-5005FAX 704-523-2704 Fax Re: 1-v) C i � 4it Z©os©2aUQCC: nt 'For Review 0 Please Comment R BODY SHOP 0 Please Reply © Please Recycle NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Water Quality October 20, 2005 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7003 2260 0001 3492 7167 Mr. Connie Sessoms, Senior Warden St. Michael & All Angels Episcopal Church 4228 Hovis Road Charlotte, NC 28208 Subject: Dear Mr. Sessoms: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director NOTICE OF VIOLATION Incident #: 200502800 Tracking #: NOV-2005-OC-0017 G.S. 143-215.75 - Oil Pollution and Hazardous Substances Control Act of 1978 Discharge of Heating Oil St. Michael & All Angels Episcopal Church 4228 Hovis Road Mecklenburg County Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On October 12, 2005, Olivia Hutchins of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 4228 Hovis Road. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.83(a): Discharge of heating oil from an above ground storage tank to the ground and storm drain system. The discharge impacted the subject property as well as an adjacent property. To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity, to collect, remove and properly dispose of the discharge material, including any contaminated soil, and to restore all affected areas as nearly as may be to the conditions existing prior to the discharge. It is recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper WoAthCar©lina Naturally Mr. Connie Sessoms Page 2 October 20, 2005 Be advised that, pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits discharge of oil in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S. 143- 215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5000.00) for each such violation. Penalties may also be assessed for the damages to the surface waters of the State#that inay result from the unperrnitted discharge. Evidence suggests that soil contamination has resulted from the discharge. Therefore, soil samples need to be collected from the base and sidewall areas ofthe excavated sites to confirm removal of the contaminated soil both on the subject property and adjacent property. Your consultant or MCWQP staff will be able to advise you concerning the appropriate analyses for petroleum contaminated soil. It is recommended that no backfilling of the excavated sites be done until a review has been made of the analytical data. It is requested that you respond, in writing, to this Notice, indicating the measures taken to collect and remove the discharge and to restore all affected areas, and also any measures taken to prevent future discharges. The response should also indicate the disposal location for any removed discharge material, contaminated soils, or waters and include a copy of any analytical documentation for the site remediation. Please address your response to me by no later than November 21, 2005. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason , P.E. Surface Water Protection Regional Supervisor cc: Mr. Rusty Rozzelle, MCWQP oh Log Number: Section: Environmentalist: Nature of Request: File Descriptor: 2005-01070 WQS Olivia J. Hutchins Emergency Response IC-F(1)-CI Facility Info St. Michael & All Angels Episcopal Church 4228 Hovis Road Charlotte, NC 28208 Mr. Connie Sessoms, Senior Warden 704-597-7902 Date: 10/10/2005 @ 08:40 Taken By: Don P. Ceccarelli 06310712 Service Requested 10-08-05, 6:15pm, CFD Engine 13 (Capt. Mike Say) paged Don Ceccarelli regarding a heating oil spill at St Michael & All Angels Episcopal Church - 4228 Hovis Road. Spill was reported and witnessed by Traci Roberts (neighboring property owner at Lot #39 of the trailer park 704-277-3716). Church member Ethie P. Waterman (704-392-9839) reportedly hired someone to remove an old aboveground heating oil tank and some of the oil spilled (or was dumped) onto the groundsurface. Action Taken 10-08-05 Don Ceccarelli (DPC) attempted to call Ethie, but no answer or no answering machine. DPC called CFD 13 (Capt. Say) who informed that he spoke with Ethie who hired a few guys to remove the oil tank on behalf of the church on 10-7-05. Ethie reported that some of the oil was placed into plastic containers so they could load the tank on the truck and some spilled (estimated at 20 - 50 gallons). Tracy a neighbor said she saw the oil was intentionally dumped onto the ground. After the original call, Ethie met CFD on site and CFD informed Ethie that he'd have to report it to County Environmental because of the size of the spill. CFD reported they received a few other calls about a fuel smell from nearby neighbors the evening of 10-7-05. DPC arrived on site and inspected the area. There was visible staining of grass, gravel, asphalt on the church lot, and a slight sheen on a puddle in the parking lot. In addition there is a storm drain drop inlet that leads to a pipe that discharges onto the neighboring trailer park road. The road and roadside ditch showed evidence (visual and olfactory) of fuel. DPC spoke with James Roberts (husband of Tracy Roberts and nearest resident to the Church) who informed that during the rain storm (from former hurricane Tammy), a fuel/water mixture ran in the ditch alongside his home and along the edge of the road and the fuel smell was bad. DPC located a small creek/drainage feature behind Mr. Roberts home and sampled the surface of a pool of water and did not see any remaining evidence of fuel on the water surface. This area received over 4 inches of rain during the last few days. DPC gave Mr. Roberts a business card and indicated that someone will be following up with him next week and that remedial action may be required by the church. 10/12/05 O. Hutchins performed a follow-up investigation to determine the impacts and necessary clean-up activities resulting from the aforementioned heating oil spill at the church. Hutchins parked at in the church parking lot at the location where the initial spill occurred. There was a strong petroleum odor emanating from the asphalt and vegetation. The vegetation was stained and dying (Fig "1 and 2). The path the heating oil traveled was evident by staining down gradient on the parking lot (Fig 3). At the lowest point of the parking lot, two puddles were present with an oil sheen on the surface (Fig 4). At this low point, there is a storm drain inlet that contained an oily puddle and staining (Fig 5). This storm drain pipe travels -40 feet where it discharges into the adjacent mobile home park (Fig 6). The path of the heating oil continued through the adjacent property's parking area staining asphalt, vegetation, and soil (Fig 7). The heating oil then traveled onto an individual resident's property impacting a drainage ditch that runs parallel with the property (Fig 8). This continues until the drainage ditch becomes piped (Fig 9). This drain pipe discharges into a vegetative buffer to an intermittent stream. No oil sheen was seen in the stream channel or banks. Connie Sessoms (704-597-7902), the Senior Warden of the church, was contacted. It was explained that a NOV would be sent and that remediation activities would need to be conducted to restore the area to the condition prior to the spill. Mr. Sessoms explained that the property committee for the church was meeting that night to discuss clean-up activities. St. Michael & All Angels Episcopal Church 4228 Hovis Road 25-50 gallon Heating Oil Spill on 10/7/05 (Page 1) St. Michael & All Angels Episcopal Church 4228 Hovis Road 25-50 gallon Heating Oil Spill on 10/7/05 (Page 2) ATA NCDENR North Carolina Department of Environment and Natural Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Amenah Alexander 11146 Lions Mane Street Charlotte, NC 28273 Subject: Dear Ms. Alexander: May 6, 2005 Resources William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director 7003 2260 0001 3552 3160 NOTICE OF VIOLATION Incident #: 200501173 Tracking #: NOV-2005-OC-0009 G.S. 143-215.75 - Oil Pollution and Hazardous Substances Control Act of 1978 Discharge of gasoline 11146 Lions Mane Street, Charlotte Mecldenburg County, NC Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On April 8, 2005, Ms. Olivia Hutchins of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 11146 Lions Mane Street. This investigation was conducted as part ofa cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.83(a): Discharge of gasoline to the ground. Further, the failures to immediately notify this Department of the discharge and to immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-215.84(a), respectively. To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity, to collect, remove and properly dispose of the discharge material, including at contaminated soil, and to restore all affected areas as nearly as may be to the conditions existing prior to the discharge. It is recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o,enr.state,nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper One NorthCarolina Naturally Ms. Amenah Alexander Page 2 May 6, 2005 Be advised that, pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S. 143- 215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5000.0O) for each such violation. Penalties may also be assessed for the damages to the surface waters of the State that may result from the unpermitted discharge. There is evidence that the soil contamination is of a long-term nature. Samples should be collected from the base and sidewall areas of the excavated sites to confirm removal of the contaminated soiL Your consultant or the MCWQP staff would be able to advise you concerning the appropriate analyses for petroleum -contaminated soil. It is recommended that no backfill to any of the excavated sites be made until a review has been made of the analytical data. It is requested that you respond, in writing, to this Notice, indicating the measures taken to collect and remove the discharge and to restore all affected areas, and also any measures taken to prevent future discharges. The response should also indicate the disposal location for any removed discharge material, contaminated soils, or waters and include a copy of the analytical documentation for the site remediation. Please address your response to me by no later than May 31, 2005. Also, please send a copy of this response to Mr. Rusty Rozaelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason , P.E. Surface Water Protection Regional Superviso cc: Mr. Rusty Roselle, MCWQP DRG/ojh ML xKLLNUTUK 1 (UUlN 1 .Y Land Use and Environmental Services Agency Qt lr yuattty .grogram The following is a chronology of events that have occurred on or are ass ciated with 11146 Lions Mane Street in the Lions Gate Community: 1-17-05 After complaints were placed by residents of the Lions Gate Community concerning a vehicle leaking gasoline at 11146 Lions Mane Street, the HOA sent a letter to the current resident. Amenah. Alexander. reauesting the "inoperable vehicle" be removed from the community. 1-11-05 Charlotte Mecklenburg Utilities (CMUreceived a complaint from the resident at 11150 Lions Mane Street. The resident had indicated that her water smelled like gasoline, and she wanted to have CMU test her water. 3-14-05 CMU sampled the water at 11150 Lions Mane Street for VOCs, bacteria, and general parameters which included pH, turbidity, and chlorine. The result for VOCs was above minimum detection level for specific parameters. 3-16-05 CMU sampled the water from the outside tap at 11150 Lions Mane Street. The results were above minimum detection levels for specific parameters. 3-23-05 CMU sampled the water from the outside tap at 11150 Lions Mane Street. The results were above minimum detection levels for specific parameters. 4-6-05 CMU sampled the water from the outside tap at 11150, 11154, and 11142 Lions Mane Street. The results for 11150 were above minimum detection levels, but the other two residences' results were non -detect. 4-8-05 CMU sampled the water from the kitchen and water meter at 11150 Lions Mane Street. The results were above minimum detection levels. Water from the outside taps of 11154 and 11146 Lions Mane were tested, and results were non -detect. CMU installed a backflow device at the water meter of 11150 Lions Mane Street. Mecklenburg County Water Quality Program (MCWQP) was contacted by CMU, and a staff member began an on -site investigation. 4-13-05 CMU sampled the water from the outside tap at 11150 Lions Mane Street. The results were above minimum detection levels for specific parameters. 4-14-05 CMU sampled the water from the outside tap at 11150 and 11146 Lions Mane Street. The results for 11150 were above detection levels, but the results for 11146 were non -detect. PEOPLE 9, PRIDE I PROGRESS 0 PARTNERSHIP Inn Af Trtrnn C+rc+ot a Quito 111C • ('horintto >\rC 151/117_7°)1A (7(141 Z2F_CCnn a FAY /7114111A-4'1Q1 Page 2 4-29-05 CMU sampled the water from the outside tap at 11.150, 11146, and 1114 Lio Mane Street. The results for all three residences were above detection levels. Based upon our investigation, all indications are that the responsible party for the contaminated water line, soil, concrete and asphalt is the former resident of 11146 Lions Mane Street as a result of her vehicle leaking an unknown quantity of gasoline. The extent of the contamination has yet to be evaluated since the majority of the contaminated area is under concrete or asphalt. MCWQP will continue to pursue this incident until all contamination has been removed, the impacted areas restored, and all potable water is free of contamination. If you have any questions, comments, or need more information, please contact me, Olivia Hutchins. Thank you, Olivia Hutchins MCWQP 700 N Tryon Street Charlotte, NC 28202 704-336-4761. EPIC-WQ 05/04/2005 Log Number: Section: Environmentalist: Nature of Request: File Descriptor 1: File Descriptor 2: Contact: Phone Number: Company: Address: Contact: Phone Number: SERVICE REQUEST/WORK ORDER 2005-00477 WQS Olivia J. Hutchins Citizen's Request IC-F(1)-CI BASIN 50 Date: 05/03/2005 By: Olivia. J. Hutchins REQUESTING PARTY INF© Gabe Sasser, CMU 704-399-2142 FACILITY INFO BASIN 50-Steele Creek 11150 Lions Mane St Charlotte, NC 28273 Tracy Elking 704-588-0065 ACTIVITIES SERVICE REQUESTED: Gabe Sasser, CMU, forwarded a citizen's complaint at 11150 Lions Mane Street concerning a contaminated water line at this residence. ACTION TAKEN: 4/8/05 Hutchins responded to a citizen's request forwarded to MCWQP from Charlotte Mecklenburg Utilities (CMU) at 11150 Lions Mane Street. On -site, Hutchins spoke with the owner, Ms. Elking. According to Ms. Elking, she smelled gasoline in her tap water a month earlier. She contacted CMU on 3/11/05, and requested that analytical tests be performed. On 3/14/05, CMU tested Ms. Elking's water and the results for VOCs were above minimum detection levels for specific parameters. CMU questioned Ms. Elking to determine a possible source. It was disclosed that the previous owner of 11146 Lions Mane Street, Ms. Amenah Alexander, had a vehicle leaking an unknown quantity of gasoline in a shared driveway and road. Complaints from surrounding residents to the HOA resulted in a letter being sent to Ms. Alexander on 1/17/05 requesting that the "inoperable vehicle" be removed from the community (see attached letter). A chronology of events that have occurred on or are associated with 11146 Lions Mane Street was compiled (see attached chronology). Hutchins was informed while on -site that Ms. Alexander had been foreclosed on and was no longer a resident of 11146 Lions Mane Street. Hutchins took a photo (see attached photo) of the staining that occurred on the street in front of 11146 Lions Mane Street. The asphalt is saturated in gasoline, and can be removed with the hand. Based upon CMU's investigation, Ms. Elking's water line is made of polybutylene which can be penetrated by gasoline. CMU's sampling efforts showed that contamination was only occurring at Ms. Elking's service line at this time. Two phone numbers were found for Ms. Alexander, but both numbers had been disconnected. 4/20/05 Tony Smith (704-366-6667) with Wanda Smith and Associates was contacted because this is the real estate company that is selling 11146 Lions Mane Street. Mr. Smith was informed of the ongoing investigation. Mr. Smith requested something in writing that summarized the events that had occurred to date. 4/25/05 The chronology of events was faxed to Mr. Smith. 4/26/05 Mr. Smith was contacted to confirm fax transmission. Mr. Smith explained that he would send a copy of the chronology to Litton Loan Servicing, the owner of 11146 Lions Mane Street. 5/2/05 Rusty Rozzelle received the contact information for Litton Loan Servicing from Mr. Smith. Mr. Rozzelle called Ms. Claire Caldwell, Asset Manger for Litton Loan Servicing (713-960-9676), and left her a message. The address for Litton Loan. Servicing is 4828 Loop Central Drive, Houston, TX 77081-2226. John Huber, CMU, contacted Mr. Rozzelle, and informed him that on 4/29/05, CMU tested the outside taps at 11146, 11150, and 11154 Lions Mane Street. The results were above minimum detection levels for specific parameters at all three residences. Since 4/8/05, John McCulloch has contacted the following people to inquire about a possible resolution: Richard Bridgeman, NCDENR Mike Parker, NCDENR Amber Lindon, NCDENR Britt Setzer, NCDENR Brad Cole, NCDENR Mark Hahne, NCDENR COMMENTS: See attached NOV, chronology, HOA letter, and photo. SAMPLES DISPOSITION, ETC. Notified Reg Party: Y Time On Site: 10:00 Verbal or Written: V Travel Time: 5:00 Date Notified: 04/08/2005 Admin Time: 12:00 Notice of Violation: Y LIONS GATE January 17, 2005 Current Resident 11146 Lions Mane Street Charlotte, NC 28273 Dear Lions Gate Resident: It was recently noted that you have what appears to be an inoperable vehicle parked. on the street in front of your home. Please be aware that section 2 of Exhibit C, Initial Restrictions and Rules of the Declaration of Covenants, Conditions and Restrictions for Lions Gate states: "The following activities are prohibited within the Community unless expressly authorized by the Board of Directors: a. Parking of vehicles on streets within the Community, and parking of...stored vehicles or inoperable vehicles in places other than enclosed garages..." Ifthe vehicle is operable, please move it to the driveway of your home. If it is inoperable, please remove it from the community in order to bring your residence into compliance with the documents set forth. Thank you for your prompt attention to this matter and for your efforts in helping make Lions Gate a pleasant and attractive place to live. Sincerely, Julie Kern, Association Manager Hawthorne Management Company For the Association Cc: Board of Directors P. O. Box 11906 Charlotte, N.C. 28220 (704) 377-0114 Fax (704) 347-4475 to: M tck raj ,R1 MI cs ©C. 4 200 NCDENR Michael F. Easley, Governor Mr. Donald Alexander, Owner 2813 Wedgefield Rd. Charlotte, NC 28208 Subject: Dear Mr. Alexander: North Carolina Department of Environment and Natural Resources Division of Water Quality William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director August 30, 2005 Follow-up to Notice of Violation dated 8/5/05 Tracking #: NOV-2005-DV-0045 Violation of G.S. 143-215.1(a) Discharge of Sewage 2813 Wedgefield Rd., Charlotte Mecklenburg County On August 5, 2005, you were issued a Notice of Violation for the discharge of raw sewage to the ground surface from a clean out pipe connected to the sewage lateral which serves your residence and conveys wastewater to the municipal sewage collection system. You were notified that a failure to immediately discontinue all illegal discharge activity could result in a civil penalty assessment. A written response to the Notice of Violation was due by no later than August 24, 2005. On August 24, 2005, Richard Bridgeman of this Office received a voice mail message from you, requesting additional time to resolve the violation, citing a lack of monetary resources. You also stated that you were going to attempt the repairs yourself. Since that date, you have not communicated with this Office. Be advised that the illegal discharge of sewage must be ceased, even if that means the temporary loss of your use of potable water. By copy of this letter, the Division of Water Quality is notifying the Mecklenburg County Health Department of your violation of the law. Please contact Mr. Jon Beller (704-336-550) of the Mecklenburg County Water Quality Program staff or Mr. Richard Bridgeman (704-663-1699) of this Office to advise them of the status of the needed sewer line repairs. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Cc: Rusty Rozzeile, MCWQP Mecklenburg County Health Dept. RMR Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr,state,nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCar©na Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CFRTIVIIJ) MAlI4 RFTITRN RECEIPT REQITESTEJ) Mr. Donald Alexander, Owner 2813 Wedgefiekl Rd. Charlotte, NC 28208 S Dear Mr. Alexander: August 5, 2005 7003 2260 0001 3492 6368 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director NOTICE OF VIOLATION Incident #: 200502075 mocking #: NOV-2005-DV-0045 Violation of G.S. 143-215.1(a) Discharge of Sewage 2813 Wedgefield Rd., Charlotte Mecklenburg County Chapter 143, Article 21 ofthe North Carolina General Stttutes (G.S.) authorizes and directs the Envimnrr>ental Management Commission of this Department to protect and preserve the water resources ofthe State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On July 26, Jon Beller of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 2813 Wedgefield. Rd. in Charlotte. This n was conducted as part of a cooperative working agreement between Mecklenburg the Division of Water Quality. As a result of this investigation, the following condition the property in violation of G.S. 143-215.1(a): e to the ground. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when n is of a continuing nature, against any person who is required but fails to apply for or to required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpemoitted discharge. Von will he whined of ally enforcement recommendation. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Donald Alexander PAGE 2 August 5, 2005 To comply with the law, it will be to immediately discontinue all illegal dime activity. It is also recommended that you implement corrective actions to eliminate the potential for recurrent &gal discharges. It is requested that you respond, in writing, to bk Nou have taken to correct the violation. Please address your response to ,,ne Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 No h T Suite 205, Charlotte, NC, 28202. Should you have questions, please do not hesitate to contact Mr. Bri 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection a Tonal QP DRGfjlb File: 11/env/epiclwq/nov/0500714A.nov Photographs of Sewage Discharge at 2813 Wedgefield Rd. June 26, 2005 Area where sewer line is suspected to be broken. Clean out pipe for sewage system at residence. Sewage discharging from pipe opening and from underground where pipe is broken. Sewage present in yard discharg Sewage present in yard discharging from broken lin broken lin 7/27/05 J. Beller investigated the property at 2813 Wedgefield Rd. There was an active sewer discharge at the time of the investigation. The sewage was discharging from a clean out pipe near the front door of the house. Sewage was also discharging from the ground around the pipe. J. Beller spoke with the property owner Donald Alexander at the house. Mr. Alexander stated that CMU had been to the house and had tried to snake the line to the street but that the line is broken near the clean out and they were unable to stop the discharge. J. Beller informed Mr. Alexander that the discharge was a violation and need to be fixed immediately. Mr. Alexander stated that he understood that the problem need to be addressed but that he had no income and no way to fix the problem. J. Beller told Mr. Alexander that he would be receiving a State NOV for the discharge. Mr. Alexander stated that he understood and that he would try to have the problem fixed. Mr. Alexander has no phone, car, or means to fix the broken sewer line. The sewage was ponding in Mr. Alexander's yard and had not left the property at the time of the investigation. Continued discharge will ultimately discharge to the street and into surface waters. E NCDENR-Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Attention: Mr. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Reference: Sarn's Mart # 41 2901 Yorkmont Road Charlotte, Mecklenburg County, NC 28213 Tracking #: NOV-2005-OC-0014 S&ME Project No. 1354-05-423 Dear Mr. Gleason: FT. NATURAL. rx :'SOUR t. OFF AUG C 4 20'i On behalf of Sam's Mart, S&ME, Inc. submits this response to your letter dated July 15, 2005. This letter outlines the measures taken to collect and remove the discharge and to restore all affected areas, and to prevent future discharges. On June 29, 2005, Sam's Mart was notified by their store personnel of a discharge of diesel fuel in the amount of 5-10 gallons of diesel fuel spillage. Sam's Mart contacted Law Petroleum to contain, remove and dispose of the diesel spill and take necessary action to excavate and remove any soil that was impacted due to the release. On June 30, 2005, two tons of impacted soil was excavated and disposed of by Law Petroleum. The excavated soil was taken to HAZ-MAT for disposal. The transportation and disposal manifest is enclosed. After removal of the impacted soil, the area was restored to the conditions prior to the diesel discharge, to the extent possible. The release was caused by human error. As such, no additional preventative measures are planned, other than normal operating procedures. If you have any questions or need additional infoirnation please call us at 704/523-4726. Sincerely, Ia Ke Staff Professional cc: Mr. Rusty Rozzelle, MCWQP cc: Mr. Adnan Jazairi, Sam's Mart S&ME, Inc, 9751 Southern Pine Blvd, Charlotte, North Carolina 28273-5560 (704) 523-4726 (704) 525-3953 fax www.smeinc.c©m 2 Al Q les, L.G. Senior Hydrogeologist HAZ-MAT TRANSPORTATION AND DISPOSAL P.O. BOX 3739e • CHARLOTTE, N.C. 28237 (704) 332-5600 FAX (704) 375-7183 NON -HA ARDOU ' SPECIAL WASTE GENETOR AT N ORIGINATING ADDRESS MAILING ADDRESS CIT`? ffy STATE PHONE NO. Manifest No, P.O. No. Job No. WORK CONTRACTED BY BIII To (If different from Info E _ — CONTACT NAME" n at left) Typ Units Quant 1, P TRt LEUM cONTACT WATEI'1 PEJ(t 'EI FROM TANKS, DRUMS OR AOVR .OF -SPEC LUC HT 01L, DIESEL OR, AS PUMPED FROM TANKS OR DRUMS 3. t LUBI. OILS OR CO LANTS PUMPED FROM STORAGE 4. SEDIMENTOR SOLIDS VACUUMED FROM CONTAINMENTAREA GALLON DRUM REMOVED - SCUD OR EMPTY iALLON DRUM REMOVED - LIQUID 10:: ARRIVALTIME: GENERATOR'S CERTIFICATION: I hereby certify that the above named material is not a hazardous w described, classified and packaged, and is in proper condition for transportation according to applicable reg hazardous waste subject to the Land Disposal Restrictions, I certify and warrant that the waste teas been trea de by 40 CFR Part 261.` Agent:Name iRANSPOIRTATION,?XND DI Pt SAL P,O, BOX 87 i lAi t t I-f , RI.C. 237 Driver NameITltIa b. Phone Hazardous Waste, Transporter ,P EPA NCR 000003188 EPA NCD048461370 Truck No. d. S Physical Address: az-Mat Transport 210 Dalton Avenue Charlotte, N.C. 28206 f. Address QUANTITY defined by 40 CFR Part 261 or any applicable state Iaw; has been properly lations; AND, if the waste is a treatment; residue of a previously restricted d in accordance with the requirements of 40 CFR Part 268 and is no longer NSPORTER 11 g. Driver NamelTItte h. Phone No. 2 " i, Truck No. j. Transporter II Permit Nos. a. Phone No. b. Mailing Address: 704-332-5600 P.O. Box 37392 Charlotte. N.C. 28237 e: Discrepancy Indication Space .. .. ..., r r .w.. n t e. '.• .+.e.: ___x_`f_e- bcal S.r_i_ This is ro bait !hat at are blended Into a benefiesi reusable fuel for use then into the CMUD sanitation sewer system (4) Our treatirent systern operates one first in, GNATURE OF FACILITY AGENT ORIGINAL - FINAL T.S.D.. ELLOW - iSPOSER • PINK 07/01/05 SAMS MART # 41 2901 YORXMONT RD CHARLOTTE, NC LAW PETROLEUM INC. iio25 ARLIGNTON CHURCH ROAD. CHARLOTTE, NORTH CAROLINA 28227 (704) 573-3535 INV©ICE # 25095 Dug out approximately four tons of contaminated soil with tractor. Cleaned up all oil dry on pavement. Johnathan Beller with the Mecklenburg Co. waste program stopped by site and was informed of the clean up details. Picked up four tons of fill dirt and replaced dirt in catch pond. Replaced rip rap. Cleaned up remaining debrie and transported contaminated dirt to Haz-Mat. TOTAL: $ 1403.27 NET 30 DAYS North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 15, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Adnan Jaairi Sam's Mart 6407 Idlewild Road, Suite 204 Charlotte, NC 28212 Subject: NOTICE OF VIOLATION Incident #: 200501916 Tracking #: NOV-2005-OC-0014 G.S. 143-215.75 - Oil Pollution and Hazardous Substances Control Act of 1978 Discharge of Diesel Fuel Sam's Mart 2901 Yorkmont Road Mecklenburg County Dear ll4r. Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On June 29, 2005, Jon Beller of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 2901 Yorkmont Road. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.83(a): Approximately 5-10 gallons of diesel fuel running off concrete pad near fueling apparatus and running off into storm water retention area. Further, the failures to immediately notify this Department of the discharge and to immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-215.84(a), respectively. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal ©pporlunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCar©. Ia Naturally Mr. Adnan Jaairi Page 2 July 15, 2005 To comply with the law, it will be necessary to immediately discontinue all illegal, discharge activity, to collect, remove and properly dispose of the discharge material, including any contaminated soil, and to restore all affected areas as nearly as may be to the conditions existing prior to the discharge. It is recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. Be advised that, pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply withthe clean up requirements of G.S. 143- 215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5000.00) for each such violation. Penalties may also be assessed for the damages to the surface waters of the State that may result from the unpermitted discharge. You will be advised of any enforcement recommendation. It is requested that you respond, in writing, to this Notice, indicating the measures taken to collect and remove the discharge and to restore all affected areas, and also any measures taken to prevent future discharges. The response should also indicate the disposal location for any removed discharge material, contaminated soils, or waters. Please address your response to nne by no later than August 5, 2005. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Please specify the Tracking # in your response. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason , P.E. Surface Water Protection Regional Supervisor cc: Mr. Rusty Rozzelle, MCWQP DRG/jlb File; F /env/epic/wq/nov/0500640A.nov Aix 11. NCD F1k North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Adnan Jaairi Sam's Mart 6407 Idlewild Road, Suite 204 Charlotte, NC 28212 Subject: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 15, 2005 7003 2260 0001 3552 3634 NOTICE OF VIOLATION Incident #: 200501916 Tracking #: NOV-2005-OC-0014 G.S. 143-215.75 - Oil Pollution and Hazardous Substances Control Act of 1978 Discharge of Diesel Fuel Sam's Mart 2901 Yorkmont Road Mecklenburg County Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On June 29, 2005, Jon Beller of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 2901 Yorkmont Road. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.83(a): Approximately 5-10 gallons of diesel fuel running off concrete pad near fueling apparatus and urrr. ing off into storm water retention area. Further, the failures to immediately notify this Department of the discharge and to immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-215.84(a), respectively. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704 663-6040 / Internet: h2o.enr.state.ncaus An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper N©rthCarolina 7Vaturaiij Mr. Adnan Jaairi Page 2 July 15, 2005 To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity, to collect, remove and properly dispose of the discharge material, including any contaminated soil, and to restore all affected areas as nearly as may be to the conditions existing prior to the discharge. It is recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. Be advised that, pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S. 143- 215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5000.00) for each such violation. Penalties may also be assessed for the damages to the surface waters of the State that may result from the unpermitted discharge. You will be advised of any enforcement recommendation. It is requested that you respond, in writing, to this Notice, indicating the measures taken to collect and remove the discharge and to restore all affected areas, and also any measures taken to prevent future discharges. The response should also indicate the disposal location for any removed discharge material, contaminated soils, or waters. Please address your response to me by no later tban August 5,2005. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Please specify the Tracking # in your response. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason , P.E. Surface Water Protection Regional Supervisor cc: Mr. Rusty Rozzelle, MCWQP DRG/jlb File: Hienv/epiewq/nov/0500640A.nov EPIC - WQ 07/06/2005 SERVICE REQUEST/WORK ORDER PAGE NO: LOG NUMBER: 2005-00640 SECTION: WQS ENVIRONMENTALIST: Jonathan Beller NATURE OF REQUEST: Citizen's Request FILE DESCRIPTOR 1: IC-F(1)-CI FILE DESCRIPTOR 2: SAM'S MART CONTACT: COMPANY/WORKPLACE: ADDRESS: BUSINESS PHONE NO: NOTIFICATION PROMPT: ANONYMOUS DATE: 06/29/2005 ©15:50 TAKEN BY: John McCulloch REQUESTING PARTY INFO COMPANY: SAMS MART ADDRESS: 2901 YORKMONT RD CHARLO I 1 E NC 28208- CONTACT: ADNAN JAAIRI PHONE NO: (704) 567-8424 HOME PHONE NO: ( ) - FACILITY INFO ACTIVITIES 14105413 SERVICE REQUESTED..: A customer at the Shell Gas Station located at the intersection of Beam Rd. and Yorkmont reports that there was a 10-15 gallon diesel fuel spill. He informed the station attendant and they refused to clean up the spill. Please check this out. ACTION TAKEN.......: 6/29/05 J. Beller investigated the Sam's Mart at the corner of Beam Rd. and Yorkmont Rd. for a possible fuel spill reported by an anonymous caller. J. Beller arrived at the Sam's Mart at approximately 4:15 pm. There was a significant amount of diesel fuel on the concrete around the pumping station flowing toward a BMP located on the property. There had been no type of absorbent placed on the spill of approximately 10-15 gallons of fuel. J. Beller went inside the store and spoke with the manager, Fathi Hasan. Mr. Hasan first claimed that he knew about the spill and that he was waiting for the fuel do dry before they cleaned the area. J. Beller told Mr. Hasan that oil dry should be put on the spill, the fire department should have been called and the spiller should have been kept on the site to assume responsibility. Mr. Hasan then changed his story and claimed that he did not know about the resent spill and was referring to a previous spill. J. Beller asked Mr. Hasan how they normally handle fuel spills. Mr. Hasan stated that they place oil dry on the spill to absorb the fuel and then use a leaf blower to scatter the oil dry. J. Beller informed Mr. Hasan that the contaminated oil dry needed to be collected and disposed of properly. Some of the fuel from the spill was present in the rock rip rap area off the concrete pad leading to the grassy storm water detention area. J. Beller informed Mr. Hasan that he would need to have an environmental clean up company come and remove the fuel contaminated soil. Mr. Hasan gave J. Beller the number for his corporate office and stated that they would be the one to handle the clean up coordination. 1r. Hasan and one of his employees put out oil dry absorbent on the fuel spill while J. Beller was present. J. Beller instructed :hem to remove the absorbent when the fuel was absorbed. J. Beller also told Mr. Hasan that he would be back to inspect the area the following day to make sure the area had been cleaned. 1. Beller called the corporate office for Sam's Mart and spoke with Eyad Barphouthi. J. Beller explained the situation and Wade him aware that an NOV was going to be sent and that an environmental cleanup company needed to be called to the ;ite to remove the contaminated soil. Mr. Barphouthi stated that they would take care of the matter and that the General Manager, Adnan Jaairi, would be made aware of the situation. J. Beller gave Mr. Barphouthi his information and asked that ie be notified if they have any questions. EPIC - WQ 07/06/2005 SERVICE REQUEST/WORK ORDER PAGE NO: 2 6/30/05 J. Beller revisited the site and found that the absorbent had been swept up and disposed of. Law Petroleum was on the scene and they were in the process of removing the contaminated soil from the BMP. COMMENTS...........: See attached NOV. See attached Photographs. SAMPLES DISPOSITION, ETC. NOTIFIED REQ PARTY: N TIME ON SITE: 2:00 VERBAL OR WRITTEN: TRAVEL TIME: 0:45 DATE NOTIFIED: / / ADMIN TIME: 2:00 NOTICE OF VIOLATION: N MILEAGE: 0 LEGAL ACTION: N SITE VISITS: 0 WELL SAMPLE: N RECALL DATE: / / OUTFALL SAMPLE: N STATUS: OPEN LAKE/STREAM SAMPLE: N DATE CLOSED: / / EMERGENCY RESPONSE: N REVIEWED BY: // Area where die Photographs of Sam's Mart diesel spill on 6/30/05. Clean-up operation underway to remove contaminated soil from entrance to BMP. Contaminated soil and rock rip rap being removed in area where the fue reached the influent of the storm water dry detention area. The fuel was not present further into the detention area. FLEETWASH INC. PO BOX 1577 VI11t: i 00-847-37 5 ext. # 156 Fax: 908-852-6871 Cell: 201-704-3231 April 6, 2005 Mr. Richard Bridgeman NCDENR 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Re: Notice of Violation Incident #:200500753 Tracking #: NOV-2005-DV-0012 Dear Mr. Bridgeman: Ca New Jere 07007-177 e-mail: fleetwashjd@hotmail.com web -site: www.fleetwash.com It was a pleasure speaking with you this morning and I want to take this opportunity to formally thank you for your assistance in resolving the above -referenced matter. In follow-up to our discussion we have advised all parties in interest of the following: 1. No vehicles shall be washed on dirt or gravel without the use of a containment mat. 2. Whenever possible, vehicles shall be moved to a paved area with the vac system in place for recovery. Please note that Fleetwash's Standard Operating Procedure includes water recovery and proper disposal. Please contact me with any changes in State requirements or with any additional questions or comments. Sincerely, FL ETWA SH IN es Di o, Chief Env on ntal Compliance Officer JMD/m By Telefax to 704-663-6040 CC: D. Tex Gleason, P.E. Fleetwash/Randy Reittinger, Ops. Mgr. 6 05 Samos Dicarlo 908 852 65€37 P.• 1 f LEE1WASH ill PCB OX 1677 VM: Fax: 908-852-6871 Cell: 201-784-3231 April 6, 2005 Mr. Richard Bridgeman NCDENR 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Re: Notice of Violation Incident #:200500753 Tracking #: NOV-2005-©V-0012 7O7i77 e-mall: Aeetwashldebot ail.com web -site: www.fleetwash.com Dear Mr. Bridgman: It was a pleasure speaking with you this morning and I want to take this opportunity to formally thank you for your assistance in resolving the above -referenced matter. In follow-up to our discussion we have advised all parties in interest of the following: 1. No vehicles shall be washed on dirt or gravel without the use of a containment mat. 2. Whenever possible, vehicles shall be moved to a paved area with the vac system in place for recovery. Please note that Fleetwash's Standard Operating Procedure includes water recovery and proper disposal. Please contact me with any changes in State requirements or with any additional questions or comments. Sincerely, FLEE -WASH INC. Compliance Officer JMD/m By Telefax to 704-663-6040 CC: D. Tex Gleason, P.E. Fleetwash/Rafxiy Reittinger, gr. *A& r.rw.r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTWFIFD MAIL YETI TRN RECEIPT RFQITESTED Mr. Randy Reittinger, Operations Manager Fleetwash, Inc. 3107 S. Elm -Eugene Street, Bldg 3 Greensboro, North Carolina 27406 Subject: Dear Mr. Reittinger: William G. Ross, Jr., Secretary Alan W. Klimek. P.E.. Director March 23, 2005 NOTICE OF VIOLA I'ION Incident #: 200500753 Tracking #: NOV-2005-DV-0012 Violation of G.S. 143-215.1(a) Discharge of Wastewater Fleetwash, Inc. 7800 Old Mount Holly Road, Charlotte Mecklenburg County, NC Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On March 6, 2005, Brian G. Sikes of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of Eagle Transport Corp. located at 7800 Old Mount Holly Road in Charlotte, NC. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a): Discharge of wastewater to the ground. 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 is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unperrnitted discharge. Ynn will hp advised of any enforcement recommendation Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper e No Carolina orally Mr. Randy Reittinger Page 2 March 23, 2005 To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity. It is also recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. It is requested that you respond, in writing, to this Notice, indicating the actions you have taken to correct the violation. Please address your response to me hy no later than April 11, 2085 Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC, 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Rusty Rozzelle, MCWQP Eagle Transport Corp. [Mark Kinsey, Post Office Box 208, Paw Creek, NC 28130] DRG/bg File: 1-1:\ENV \EPICIWQ\NOV0500260A.NOV OG NUMBER: SECTION: ENVIRONMENTALIST: NATURE OF REQUEST: FILE DESCRIPTOR 1: FILE DESCRIPTOR 2: SERVICE REQUEST/WORK ORDER 2005-00260 WQC Brian G. Sikes Citizen's Request IC-F(1)-CI FLEET WASH RECOVERY CONTACT: COMPANY/WORKPLACE: ADDRESS: BUSINESS PHONE NO: NOTIFICATION PROMPT: CASTLE, NEIL & JEAN 6800 FREEDOM DR CHARLOTTE NC - (704) 957-7271 Word of Mouth PAGE NO: DATE: 03/02/2005 @ 08:16 TAKEN BY: David M. Caldwell REQUESTING PARTY INFO COMPANY: ADDRESS: CONTACT: PHONE NO: FLEET WASH RECOVERY 220 DALTON AV CHARLOTTE NC 28216- RANDY REITTINGER (336) 382-9520 HOME PHONE NO: (704) 393-2539 FACILITY INFO ACTIVITIES 07901738 SERVICE REQUESTED..: requesting party reports that Eagle Transport Co. at 7320 Old Mt. Holly Rd. routinely cleans trucks on Sunday mornings. Waste wash water is not contained and runs on to the ground and often runs off site. The gravel lot is also sometimes sprayed w/ an oily substance for dust control by B&B Asphalt Rejuvenating. The Castle's also state that other businesses in the area also wash trucks on Sunday. Evaluate surrounding areas as well. ACTION TAKEN.......: 3/06/05: Brian Sikes of MCWQp drove by the Eagle Transport Facility at 7800 Old Mount Holly Road in Charlott, NC and witnessed Fleetwash, Inc personnel washing vehicles. The wastewater was discharging to the ground surface (ie, gravel). No capturing or recovery equipment was used. Sikes did not observe any wastewater leave the site or enter a storm water drain. Sikes drove around Paw Creek and did not observe any fleet washing at other facilities (e.g., Reliable) 03/09/05: Sikes spoke with Richard Bridgeman of NCDENR-MRO. Bridgeman stated that Fleetwash should receive the NOV, not Eagle Transport. 03/11/05: Sikes spoke with Mark Kinsey of Eagle. Kinsey stated that Fleetwash was suppose to capture all wastewater at the facility. Kinsey also stated that B&B Asphalt have not sprayed the parking area in over two years. Sikes spoke with Randy Reittinger of Fleetwash. Reittinger stated that the personnel didn't capture the wastewater because it remained on -site, and there were no nearby drains. Reittinger stated that it was not practical to use tarps to capture the wastewater. Sikes spoke with Neil Castle and told him that a State NOV was being issued to Fleetwash, Inc. SAMPLES W" Mr. D. Rex Gleason, P.E. NCDENR 610 East Central Avenue, Suite 30 Mooresville, NC 28115 Notice of Violations: Incident #200402737 Tracking #Nov-2004-DV-0053 11E1 PHONE 704-588- )50 691.1 FAX 70nt 588 95O6 3, 2005 Dear Mr. Gleason, In response to the above violation, the incident was reported to both CMUD (David Kelly) and to Mark Popinchalk of MCWQP after the accidental spill was found and contained by Arjobex personnel. The accidental spill report was sent to Mr. Popinchalk and Mr. Kelly of CMUD on 12-01-04. Since the report it was later found that a faulty Level Alarm circuit relay, for both the EQ tank and the containment area, had to be replaced. Actions taken: • Alarm relay replaced. • The two high level indicators have been split and are now on separate alarm circuits. • A guard installed on the EQ tank mixer to stop the belts throwing effluent over the containment area wall. • Maintenance department required to check the Wastewater pre-treatment plant every 6 hours. Should you have any other questions, please contact: Mr. Vijay Yadav at 704-588-9503 ext. 132, or you may contact e at ext. 125. Sincerely, ARJ©BE q AMERICA Richard Jalland Project Manager RWJ/pm Cc: Mr. R. Rozzelle, MCWQP. (700 N. Tryon Street, Suite 205, Charlotte, NC 28202). Attachment A RIc) ake Drive • C')arlotte, • Report on accidental WWPT spill. Date: 12-1-04 Problem: Accidental spill of Coating from EQ tank containment area into storm water drain. Cause: A blockage in the pipe -work after the pumps that transfer material from the Equalization tank to the mixing tank caused the EQ tank to overfill and run into the containment area around the tank. The blockage caused the primary pump to burn -off the belts and the secondary pump came on but had little flow due to the blockage. As the level in the containment area increased, the effluent eventually reached the bottom of the side entry mixer, where it through a small amount of effluent off the mixer drive belts over the top of the containment wall, and entered the storm water system at the rear of the property. The time of the spill is unknown but the chart recorder showed a loss of flow from the clarifier at approx. 7pm on 1.1-30-04. Actions: When the problem was found the Pump and mixer were isolated immediately to reduce further spills. The level in the EQ tank was lowered, by pumping into the empty clarifier to enable the mixer in the tank to be started to stop the solids settling. Both CMUD. And Mecklenberg Environmental water quality division was notified of the situation. Observations: The high level alarm in the EQ containment area failed to alarm the reason for this has yet to be found. One possibility, we had two power cuts during the previous week, which caused several problems on our process equipment, which could have caused the failure of this alarm. The clarifier stopped discharging at approx.7pm on 11-30-04. The level in the clarifier is maintained atl l ft, this would give 7,500 Gallons capacity before reaching the overflow. The containment area holds approx. 7,500 Gallons, at 3ft giving 15,000Gallons total.(height of containment wall is 4ft) Our typical daily flow rate is 16,000-17,000 Gallons/24hr day; therefore the spill is estimated to be between 1,000 and 2,000 gallons. Corrections: The cause of the containment area alarm failure will be rectified. A splashguard will be installed around the mixer motor. High level alarm fitted to EQ tank. R. Jalland. Project Manager. 4. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTjFIRD MATT RETURN RECEIPT Fs Mr. Vijay Yadav, Operations Manager Arjobex 10901 Westlake Drive Charlotte, NC 28273-3740 Dear Mr. Yadav: December 17, 2004 William G. Ross, Jr., Secretary Alan W. Klimek, RE., Director 7003 2260 0001 3551 7923 Subject: NOUCE OF VIOLATION Incident #: 200402737 Tracking #: NOV-2004-DV-0053 Violation of G.S. 143-215.1(a) Discharge of wastewater Arjobex 10901 Westlake Drive, Charlotte Mecklenburg County, NC Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On December 1, 2004, Mr. Mark Popinchalk of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 10901 Westlake Drive. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County arvl the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a): Dischaige e -$' o wastewater to tm groundand to a Creek is a Class C water body in the Catawba River System. 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 is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. Von will he advised of Any enforcement recommendation Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One NorthCarohna Naturally Mr. Vijay Yadav Page Two December 17, 2004 To comply with the law, it will be necessary to in r ilia te1 c I °ntinue all illegal discharge activity. It is also recothat you dement corrective actions to eliminate the potential for recurrent illegal discharges. requested thatyou respond, in writing, to this Notice, indicating the actio't you have taken It is to correct the violation. Please address your response to me Also, please send a copy of this response to Mr. Rusty Rozzelle ofMC" QP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Rusty Roz elie, MC i QP Dick J Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Superviso Charlotte, NC 28273-3740] 04 PAGE NO: ©G NUMBER: SECTION: ENVIRONMENTALIST: NATURE OF REQUEST: FILE DESCRIPTOR 1: FILE DESCRIPTOR 2: SERVICE REQUEST/WORK ORDER 2004-01233 WQS Mark Popinchalk Citizen's Request IC-F(1)-CI CONTACT: COMPANY/WORKPLACE: ADDRESS: BUSINESS PHONE NO: NOTIFICATION PROMPT: DATE: 12/06/2004 @ 10:36 TAKEN BY: Mark Popinchalk REQUESTING PARTY INFO DICK JALLAND ARJOBEZ E 10901 WESTLAKE DR CHARLO I I E NC 28273- (704) 588-9503 Phone Book COMPANY: ADDRESS: CONTACT: PHONE NO: ARJOBEX 10901 WESTLAKE DR CHARLOTTE NC 28273-3740- Dick Jalland (704) 588-9503 HOME PHONE NO: ( ) - FACILITY INFO ACTIVITIES 20127111 SERVICE REQUESTED..: Dick Jalland, Engineering Manager of Arjobex, reports that they had a 1500 gallon spill of wastewater to a storm drain. ACTION TAKEN.......: 12/1/2004 I, Mark Popinchalk, with the MCWQP, met with Dick Jalland, Engineering Manager for Arjobex. Arjobex manufactures synthetic paper at the site of the spill. According to Mr. Jalland, Arjobex does not hold any NPDES permits. Mr. Jalland stated that apparently 1500 gallons of wastewater had spilled from the facility and entered the storm drain sometime during the night prior to my arrival. The wastewater, at the point in the system where the spill happened, contains municipal water, a proprietary latex binder, aqueous ammonia, and chalk. The wastewater is discharged into the CMUD sanitary sewer system after being treated with a CMUD approved pretreatment method. Mr. Jalland said that the spill was caused when a pipe connecting an equalization tank and a clarifying tank became clogged. Two pumps, a main pump and an auxiliary pump, both failed to pump water from the equalization tank. The equalization tank then overflowed into a secondary containment structure. The high fluid level alarm in the secondary containment system malfunctioned. A pully-driven stirrer that keeps sediment suspended in the wastewater while in the equalization tank, splashed approximately 1500 gallons of wastewater outside of the secondary containment walls. The spill was then discovered. See photos I monitored a small stream located adjacent to the facility that received the wastewater with a handheld YSI unit. The stream still contained small amounts of the white -colored wastewater. The YSI parameter results are as followed: Temperature 'C 12.64 Sp. Conductivity 170 pH 7.10 Dissolved Oxygen 6.40 I inspected Steele Creek at Westinghouse Blvd for wastewater impacts. I did not see any visible impacts or any distressed or dead fish. The flow of Steele Creek was much more substantial than the small tributary that received the spill. This site is about one half mile from the facility. PAGE NO: 2 04 SERVICE REQUEST/WORK ORDER See photos COMMENTS SAMPLES DISPOSITION, ETC. NOTIFIED REQ PARTY: TIME ON SITE: VERBAL OR WRITTEN: TRAVEL TIME: DATE NOTIFIED: / / ADMIN TIME: NOTICE OF VIOLATION: N MILEAGE: 0 LEGAL ACTION: N SITE VISITS: 0 WELL SAMPLE: N RECALL DATE: / / OUTFALL SAMPLE: N STATUS: OPEN LAKE/STREAM SAMPLE: N DATE CLOSED: / / EMERGENCY RESPONSE: N REVIEWED BY: / / Equalization tank located inside of secondary containment. The receiving stream adjacent to the Arjobex facility. Equalization tank stirrer that splashed wastewater product over the secondary containment wall. Steele Creek at Westinghouse Boulevard. No apparent impacts. Approximately one half mile from the Arjobex facility.