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Home My WebLink AboutNCG551046_NOV2021PC0354 & CEI Report_20210723 Certified Mail # 7021 0350 0000 1637 6247 Return Receipt Requested July 23, 2021 Tim C Lewis 3275 US Hwy 441 S Sylva, NC 28779 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-PC-0354 Permit No. NCG551046 4737 U.S. Hwy 441 South Jackson County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the 4737 U.S. Hwy 441 South on July 15, 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. NCG551046. 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 _________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling Fecal coliform testing is not being performed as required by the permit. Sampling results from 12/13/2016 and 12/14/2020 are in exceedance of permit limits. _________________________________________________________________________________________________________________________________________________________________________ Operations & Maintenance The system appears to be failing. There was black and odorous water pooling on the sand filter. _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD 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. If you should have any questions, please do not hesitate to contact Stephanie Williams with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Ec: Laserfiche DocuSign Envelope ID: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD 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 NCG551046 21/07/15 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) 4737 U.S. Hwy 441 South 4737 US Hwy 441 S Sylva NC 28779 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 21/07/15 13/08/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 11:00AM 21/07/15 18/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Cody Lewis, //828-507-1151/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports 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: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD 7/22/2021 7/22/2021 7/22/2021 NPDES yr/mo/day 21/07/15 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Stephanie Williams, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the wastewater treatment system that services 4737 US Hwy 441 S on July 15, 2021 to determine if it is being operated and maintained in compliance with General NPDES Permit No. NCG550000. Cody Lewis (Son of owner Tim Lewis) and Brandon Buchanan (Environmental Inc.) were present during the inspection. Sample results obtained in December 2020 and December 2016 exceed permit limits. Accordingly, the facility is currently in non-compliance. Stephanie Williams and Lauren Armeni had previously made a site visit on June 29, 2021 and noted heavy vegetation on the sand filter and pooling of black and odorous water with moderate algae growth. Pooling could be seen at points across the sand filter and was most prominent at the corner closest to the pump between the septic and sand filter. Ms. Williams and Ms. Armeni spoke with Cody Lewis, who stated that Environmental Inc. is contracted to maintain the system. Stephanie Williams returned to the site on July 15 and met with Mr. Lewis and Mr. Buchanan to conduct an inspection of the facility. Mr. Lewis and Mr. Buchanan stated that roots from the vegetation had become matted under the spray system, preventing water from properly flowing through the filter. The vegetation on the sand filter had been removed and the pooling could not be evaluated because it appears that additional gravel had been added. Minor pooling that had been directed to a small gravel ditch along the side of the sand filter was noted near the area where pooling was previously most prevalent. This ditch appears to have been dug to catch the pooling. The last sampling occurred on 12/14/2020. Results were as follows: BOD - 380 mg/L, Ammonia - 182 mg/L, and TSS - 2430 mg/L. These results are indicative of a failing system and testing should be repeated immediately. Additionally, sampling performed on 12/13/2016 returned a BOD result of 56 mg/L, which is in exceedance of permit limits. Furthermore, fecal coliform testing has not been performed in the last 5 years. This is a yearly sampling requirement. NCG551046 17 (Cont.) Page#2 DocuSign Envelope ID: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD Permit:NCG551046 Inspection Date:07/15/2021 Owner - Facility: Inspection Type: 4737 U.S. Hwy 441 South 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? 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? 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 was pumped on 6/7/19, 7/2/19, and 7/23/19.Comment: Sand Filters (Low rate)Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re-circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re-circulated at a valid ratio? (Approximately 3 to 1) Floats were lifted on both pumps, which operated pumps and alarms properly. During the first site visit, excessive pooling and moderate algae growth was noted. Minor pooling was noted during the second site visit. Gravel appears to have been added between the site visits. See summary for details. Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Page#3 DocuSign Envelope ID: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD Permit:NCG551046 Inspection Date:07/15/2021 Owner - Facility: Inspection Type: 4737 U.S. Hwy 441 South Compliance Evaluation Effluent Sampling Yes No NA NE 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)? Fecal coliform testing is not being performed as required by the permit. The last sampling occurred on 12/14/2020 and results were in exceedence of permit limits. See summary for details. Comment: 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 is submerged under water. In order to sample properly, the pipe will need to be cut or a sample port will need to be installed. Comment: Page#4 DocuSign Envelope ID: 24C5F042-58DF-47B8-ABB6-F28F4796EDCD