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Home My WebLink AboutWQCSD0694_CEI_NOV2021PC0278_20210510 SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED May 10, 2021 Danny Searcy, Planning & Public Works Director Email: danny.searcy@rutherfordcountync.gov Rutherford County SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2021-PC-0278 Permit No. WQCSD0694 Chimney Rock Village Collection System Rutherford County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Chimney Rock Village Collection System on April 7, 2021. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Collection System Permit No. WQCSD0694. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Collection System Non-sampling inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violations were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Grease Control An enforceable grease control program was not in place at the time of the inspection. 02T.0403(a)(8) A Grease Control Program shall be in place… _________________________________________________________________________________________________________________________________________________________________________ General An operation and maintenance plan for the system was not available at the time of the inspection. 02T.0403(a)(3) An operation and maintenance plan, including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall have been developed and implemented. _________________________________________________________________________________________________________________________________________________________________________ Inspections High-priority line inspections are not conducted every six months and annual observations are not recorded. 02T.0403(a)(5) High-priority sewers shall be inspected by the permittee or its representative once every six-months, and inspections shall be documented. _________________________________________________________________________________________________________________________________________________________________________ Lines/Right-of-Ways/Aerial Right-of-ways and easements are not available for all sections of the line. Limited Lines accessibility. 02T.0403(a)(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or via email at mikal.willmer@ncdenr.gov Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Ec: LF Peter O’Leary, Chimney Rock Steve Duncan, Chimney Rock Keith Webb, McGill DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Compliance Inspection Report Permit:WQCSD0694 Effective:09/13/19 Expiration:Owner :Rutherford County SOC: Contact Person: Region: County: Directions to Facility: Rutherford Asheville Peter O'Leary Effective:Expiration:Facility:Chimney Rock Village Collection System 109 Rock Terrace Dr Chimney Rock NC 28720 Title:Phone: Secondary ORC(s): Phone:Certification:Primary ORC: System Classifications: On-Site Representative(s): Related Permits: Secondary Inspector(s): Primary Inspector: Inspection Date:Exit Time:Entry Time: Phone: 04/07/2021 10:00AM 11:30AM Mikal Willmer 828-296-4686 Timothy H Heim Facility Status: Permit Inspection Type: Reason for Inspection:Inspection Type: Not CompliantCompliant Routine Deemed permitted collection system management and operation Collection System Inspect Non Sampling Question Areas: Miscellaneous Questions General Grease Control Spills/Response Plan Inspections Lines Manholes (See attachment summary) Page 1 of 5 DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCSD0694 04/07/2021 Collection System Inspect Non Sampling Rutherford County Routine Inspection Summary: Mikal Willmer and Tim Heim, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the Chimney Rock Village Collection system currently owned by Rutherford County. This inspection was conducted to determine whether the system is being operated and maintained in compliance with the Deemed Permitted Collection System rules as outlined 02T.0403. Steve Duncan (chimney rock), Peter O'leary (Chimney Rock), Danny Searcy (Rutherford County) and Keith Webb (McGill) were present and assisted in the inspection. Rutherford County is currently the owner of record for approximately 0.95 miles of sewer main within Chimney Rock up until the point of connection with the Lake Lure Collection system. Currently all other extensions off the main line are privately owned. The County plans to have a phased transfer of ownership to the Village over the course of several years. The Village is exploring funding options for repairs to improve and armor the main line. During the inspection, the Village discussed potential plans to increase the Riverwalk which would serve to further armor the line after the upgrades and repairs have been made as listed in the CIP. Additionally, over the course of the CIP implementation, the Village would like to begin assuming ownership of several of the private extensions currently connected to the mainline to allow for further oversight and maintenance. This would also allow for potential future growth and removal of failing septic systems. At the time of the inspection, the system was found to be noncompliant. The following summarizes the findings of the inspection. Based on the inspection and assessment work completed by McGill, some of the identified origins of I&I include but are not limited to broken and unsealed manholes, failing grout and damaged private lines. During the assessment flows were recorded from May 21 to June 18, 2019 with an average daily flow of approximately 18,000 gpd, peaking at approximately 45,000 gallons during a 5” rain event. There are 14 documented manholes, 10 of which lie in the floodway, along the 5000’ LF of DIP line. McGill has installed several mechanical cleanouts to allow for maintenance; however, several parts of the line have limited access, even by foot. There are documented areas where support structures have washed out and in some areas the line rests atop rock outcroppings and vegetation. Several ties and support piers were replaced after flooding in 1996; however, some sections still contain older support piers where the ties are no longer secured around the line. Alignment is not ideal along the length of the system and is currently susceptible to damage from debris in the river. Operation and Maintenance Plan: No formal operation and maintenance plan was available at the time of the inspection. The County has begun to put together a spill response contact list that is part of their current call down list when an issue arises with the collection system. Historically, the County has requested assistance from the Town of Rutherfordton and Hendersonville or contracted private services. While a certified collection system operator is not required for a deemed collection system, it is highly recommended the County and Village explore options for retaining trained staff for the continued lifelong maintenance associated with collection system ownership. High Priority Line (HPL), Right-of-ways & Annual Observations: HPL and annual observations have not been documented. All high priority lines as defined by the Division shall be inspected, at a minimum, every six months and documented. The main traverses several areas without recorded easements and very limited access. The County was provided with the Division’s example maintenance logs to begin recording any work completed on the system. Grease Control Program: A formal grease control program has not been established. Grease control programs are required for all public collection systems. This includes distribution of educational material twice a year for all users and ensuring there are legal means to require grease interceptors/traps at new and existing facilities, a means to inspect facilities and a means to take enforcement action against violators. Page 2 of 5 DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCSD0694 04/07/2021 Collection System Inspect Non Sampling Rutherford County Routine General Yes No NA NE # Is this system a satellite system? # If Yes, what is system name or permit number?WQCS00131 Is there a overall sewer system map? Does the map include: Pipe sizes Pipe materials (PVC, DIP, etc) Pipe location # Flow direction # Approximate pipe age # Pump station ID, location and capacity # Force main air release valve location & type # Location of satellite connections Are system maintenance records maintained? Rutherford County is now compiling and recording system maintenance. Historically the County has not recorded all system maintenance. This is a Deemed System. Comment: Grease Control Yes No NA NE Is grease/sewer education program documented with req'd customer distribution? # Are other types of education tools used like websites, booths, special meetings, etc? If Yes, what are they? (This can reduce mailing to annual.) For public systems, is there a Grease Control Program via an ordinance/agreement? If Yes, does it require grease control devices at applicable locations? Is the Grease Control Program enforced via periodic inspections/records review? Is action taken against violators? The County has not historically distributed educational material and did not have a formal program set up at the time of the inspection. The County and Village were unsure if Lake Lure sends out educational materials when bills are mailed out. Comment: Spills and Response Action Plan Yes No NA NE # Is system free of known points of bypass? If No, describe type of bypass and location # Have there been any sewer spills in the past 3 years? If Yes, were they reported to the Division if meeting the reportable criteria? If applicable, is there documentation of press releases and public notices issued? Are all spills or sewer related issues/complaints documented? # Are there repeated overflows/problems (2 or more in 12 months) at same location? Page 3 of 5 DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCSD0694 04/07/2021 Collection System Inspect Non Sampling Rutherford County Routine # If Yes, is there a corrective action plan? Is a Spill Response Action Plan available? Is a Spill Response Action Plan available for all personnel? Does the plan include: # 24-hour contact numbers # Response time # Equipment list and spare parts inventory # Access to cleaning equipment # Access to construction crews, contractors, and/or engineers # Source of emergency funds # Site sanitation and cleanup materials # Post-overflow/spill assessment Currently no formal spill response plan; however, the County does maintain a contact sheet and has begun to put together an O&M plan. Rutherford County and Chimney Rock do not have collection system personnel and rely on Rutherfordton, Hendersonville or private companies to clear blockages or repair minor line breaks. See summary for further details. Comment: Inspections Yes No NA NE Are adequate maintenance records maintained? Are pump stations being inspected at the required frequency? Is at least one complete functionality test conducted weekly per pump station? Is there a system or plan in place to observe the entire system annually? Is the annual inspection documented? # Does the system have any high-priority lines/locations? Are inspections of HPL documented at least every 6 months? Are new lines being added to the HPL list when found or created? Rutherford County indicated the line is inspected annually; however, this is not recorded.Comment: Lines/Right-of-Ways/Aerial Lines Yes No NA NE Please list the Lines/Right of Ways/Aerial Lines Inspected: Rutherford owns the main collection line. All others are privately owned. Are right-of-ways and easements maintained for the full width for access? If No, give details on temporary access: Easements are not available for sections of the line. Is maintenance documented? Were all areas/lines inspected free of issues? See summary for details.Comment: Manholes Yes No NA NE Page 4 of 5 DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCSD0694 04/07/2021 Collection System Inspect Non Sampling Rutherford County Routine Please list the Manholes Inspected: See summary for details. Are manholes accessible? # Are manhole covers/vents above grade? Are manholes free of visible signs of overflow? Are manholes free of sinkholes and depressions? Are manhole covers present? # Are manholes properly seated? # Are manholes in good condition? # Are inverts in good condition? Is flow unrestricted in manholes? Are manholes free of excessive amounts of grease? Are manholes free of excessive roots? Are manholes free of excessive sand? Are manhole vents screened? Are vents free of submergence? Are manholes free of bypass structures or pipes? Several of the manholes are at grade. Many of the manholes sit in the floodway, are separating, not properly sealed, and are not vented. Most of the manholes were replaced in 1997; however, they have not been repaired or replaced since and continue to degrade. Comment: Page 5 of 5 DocuSign Envelope ID: 0B5EBC40-D083-4698-953A-66049624B1F4 Certificate Of Completion Envelope Id: 0B5EBC40D0834698953A66049624B1F4 Status: Completed Subject: Please DocuSign: WQCSD0694_NOVCEI_20210510.pdf, NOV2020 WQCSD0694 CEI.docx Source Envelope: Document Pages: 7 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 2 Mikal Willmer AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 217 W. Jones Street Raleigh, NC 27699 Mikal.willmer@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original May 10, 2021 | 09:01 Holder: Mikal Willmer Mikal.willmer@ncdenr.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: North Carolina Department of Environmental Quality Location: DocuSign Signer Events Signature Timestamp Mikal Willmer mikal.willmer@ncdenr.gov Environmental Specialist North Carolina Department of Environmental Quality Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 149.168.204.10 Sent: May 10, 2021 | 09:04 Viewed: May 10, 2021 | 09:04 Signed: May 10, 2021 | 09:04 Electronic Record and Signature Disclosure: Not Offered via DocuSign Tim Heim tim.heim@ncdenr.gov DWR DEQ Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 149.168.204.10 Sent: May 10, 2021 | 09:04 Viewed: May 10, 2021 | 09:17 Signed: May 10, 2021 | 09:28 Electronic Record and Signature Disclosure: Not Offered via DocuSign G. Landon Davidson landon.davidson@ncdenr.gov Asheville Regional Office, Regional Supervisor DEQ, Division of Water Resources, Water Quality Regional Operatoins Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 149.168.204.10 Sent: May 10, 2021 | 09:28 Viewed: May 10, 2021 | 09:28 Signed: May 10, 2021 | 09:35 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted May 10, 2021 | 09:04 Certified Delivered Security Checked May 10, 2021 | 09:28 Signing Complete Security Checked May 10, 2021 | 09:35 Completed Security Checked May 10, 2021 | 09:35 Payment Events Status Timestamps