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Home My WebLink AboutNCG551251_NOVNOI2021PC0339_Compliance Evaluation Inspection_Address 2_20210706 Certified Mail # 7021 0350 0000 1637 6216 Return Receipt Requested July 06, 2021 Ronald Longley Mountain Magic 1, LLC 4505 Huckleberry Creek Road Franklin, NC 28734 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-PC-0339 Permit No. NCG551251 574 Tryphosa Road Macon County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of 574 Tryphosa Road on June 29, 2021. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG551251. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Permit The permit is expired and the current owner is discharging without a valid permit. [NCGS 143-215.1 (a)(1) – by making an outlet by discharging wastewater into waters of the state without a permit; NCGS 143-215.1 (a)(2) – by constructing or operating any sewer system, treatment works, or disposal system within the state.] Current owner is not listed as the permittee and annual Certificate of Coverage (CoC) fees have not been paid since 2014. Change of Ownership form needs to be submitted. [NCG550000 Part I. D. 7. b. Permit Conditions (Operation, Maintenance, & Records) CoCs with unpaid administering and compliance monitoring fees will not be automatically renewed.] _______________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B _______________________________________________________________________________________________________________________________________________________________________ Septic Tank The septic tank could not be located and septic maintenance records were not available at the time of the inspection. [NCG550000 Part I. D. 3. b. Permit Conditions (Operation, Maintenance, & Records) Septic tanks shall be pumped out at least once every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment, whichever is greater.] _________________________________________________________________________________________________________________________________________________________________________ Effluent Pipe The effluent pipe could not be located. [NCG550000 Part I. D. 4. Permit Conditions (Operation, Maintenance, & Records) All system components, including, but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalls should be maintained at all times and in good operating order.] _________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I. C. 1. – See table in General Permit - Effluent Limitations and Monitoring Requirements – Discharge to Freshwater (Class B and C waters only).] _________________________________________________________________________________________________________________________________________________________________________ A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility’s NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any additional information provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. 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. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4667. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report, Change of Ownership form, Technical Bulle tin Ec: LF DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 52 NCG551251 21/06/29 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 574 Tryphosa Road 574 Tryphosa Rd Otto NC 28763 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 11:30AM 21/06/29 07/08/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 12:00PM 21/06/29 12/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Louis Gasperin,578 Tryphosa Rd Otto NC 28763//828-369-7757/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Lauren E Armeni DWR/ARO WQ/828-296-4500/ Stephanie A Williams DWR/ARO WQ/828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B 7/6/2021 7/6/2021 7/7/2021 NPDES yr/mo/day 21/06/29 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lauren Armeni with the Asheville Regional Office conducted a compliance evaluation inspection of the single-family wastewater disposal system that services 574 Tryphosa Road. This inspection was conducted to determine whether the system is being operated and maintained in compliance with General NPDES Permit No. NCG550000. The Certificate of Coverage (CoC) is expired and the current permittee is not listed as the owner. We have not been able to contact the current owner, Mountain Magic 1, LLC, since 2016. The inspection reflects non-compliance with the permit. The following violations were noted during the inspection: 1. Permit: The CoC is expired and annual permit fees have not been paid since 2014. As your company is now the site owner, any discharge of wastewater from 574 Tryphosa Road is illegal without a valid NPDES permit. The CoC must be transferred from the previous owner (Louis Gasperin) to your company (Mountain Magic 1, LLC) in order to be reissued. Complete and submit the provided Change of Ownership form. 2. Septic Tank: The septic tank could not be located, and septic maintenance records were not available at the time of the inspection. 3. Effluent Pipe: The effluent pipe could not be located. 4. Effluent Sampling: Annual sampling records were not available at the time of the inspection. NCG551251 17 (Cont.) Page#2 DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B Permit:NCG551251 Inspection Date:06/29/2021 Owner - Facility: Inspection Type: 574 Tryphosa Road Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? All treatment units could not be located or identified. Inspectors could not lift concrete lids. Ms. Armeni was unable to contact the current owner of Mountain Magic 1, LLC. Change of Ownership is needed in order to transfer the Certificate of Coverage (CoC) into the correct name. The permit is currently expired and the current owner is illegally discharging without a valid permit. See summary for details. Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? The lot appeared to be used as storage. Two people were on-site at the time of the inspection and stated they maintained the storage units. The property appeared to be rented by SnK Specialties, but Ms. Armeni did not receive a call back from this company. Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? The septic tank could not be located on the property. Since the owner could not be contacted, septic maintenance records have not been provided. Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlorination? The tablet chlorinators were not located at the time of the inspection.Comment: Page#3 DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B Permit:NCG551251 Inspection Date:06/29/2021 Owner - Facility: Inspection Type: 574 Tryphosa Road Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? The effluent pipe could not be located. The area next to the stream was very overgrown. Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Annual sampling records were not available at the time of the inspection.Comment: Page#4 DocuSign Envelope ID: C599D096-8F04-4587-8325-E45B18E6E26B