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HomeMy WebLinkAboutWQCS00210_NOI_NOV2021PC0451_20210913R.OY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director CERTIFIED MAIL #7020 1810 0001 2074 9239 RETURN RECEIPT REQUESTED Daniel Davis, Director of Public Utilities Town of Beech Mountain 510 Beech Mountain Parkway Beech Mountain, NC 28604-8012 NORTH CAROLINA Environmental Quality September 13, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-PC-0451 Permit No. WQCS00210 Beech Mountain Collection System Watauga County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Beech Mountain Collection System on August 10, 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. WQCS00210. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. This inspection was conducted by Division of Water Resources staff from the Winston-Salem Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Part I. Performance Standards Paragraph 4, Sewer Use Ordinance Operators could not provide during inspection. Paragraph 5. FOG Education & Enforcement No FOG education or enforcement program. Paragraph 6. Capital Improvement Plan Operators could not provide during inspection. Paragraph 8. Pump Station Contingency Plan Operators could not provide during inspection. Paragraph 10. Pump Station Security Pump station #2 Klonteska insufficiently secured. Paragraph 11. Pump Station Alarms/Detection Systems Alarms/communication system at pump station #2 Klonteska failed to operate properly. Part II. Operations & Maintenance Requirements Paragraph 2. Review of Records Review undocumented and unverifiable. NORTH D E Dopartmem of Envimnmomni au.i` North Carolina Department of Environmental Quality Division of Water Resources Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Paragraph 4. Pump Station Inspections Required checks not being performed or documented. Paragraph 8. Line Cleaning Data for 2018-2020 was not provided during inspection. Part III. Records Paragraph 1. Required records Not all required records are being kept/maintained. Paragraph 2. SSO/Complaint Records Incomplete records — no press releases/public notices. Paragraph 3. System Map Comprehensive system map not provided during inspection. Part V. Inspections Paragraph 1. System Inspections Insufficient inspection or documentation thereof. Paragraph 3. Annual General Observation Insufficient actions or documentation thereof. Paragraph 4. High Priority Line Inspections Not all high priority lines have been identified/inspected. You are hereby reminded that pursuant to NC General Statute 143-215.6A, a civil penalty of not more than twenty- five thousand dollars ($25,000) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit issued pursuant to NC General Statute 143-215.1. If you wish to provide additional information regarding the noted violation(s), request technical assistance, or discuss overall compliance, please respond in writing within ten (10) business days after receipt of this notice. Your response will be considered in determining whether civil penalties will be assessed. If no response is received in this office within the 10-day period, a civil penalty may be assessed at that time. 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 (SOC). If you have any questions or concerns, please do not hesitate to contact Ron Boone with the Water Quality Regional Operations Section in the Winston-Salem Regional Office at 336-776-9800. Attachments: Compliance Inspection Report cc: Laserfiche LD_E NORTH CAROLINA Department of Environmental quaky Sincerely, DocuSigned by: L—Jn. 'T. <Jn,lkts- \145B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Compliance Inspection Report Permit: WQCS00210 Effective: 02/01/15 Expiration: 01/31/23 Owner : Town of Beech Mountain SOC: Effective: Expiration: Facility: Beech Mountain Collection System County: Watauga 364 Locust Ridge Rd Region: Winston-Salem Contact Person: Daniel Davis Directions to Facility: Beech Mountain NC 28604 Title: Phone: 828-387-9282 System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: NC0022730 NC0069761 Town of Beech Mountain - Grassy Gap Creek WWTP Town of Beech Mountain - Pond Creek WWTP Inspection Date: 08/10/2021 Entry Time 10:30AM Exit Time: 12:30PM Primary Inspector: Ron Boone Phone: 336-776-9690 Secondary Inspector(s): Patricia Lowery Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ❑ Compliant Not Compliant Question Areas: ▪ Miscellaneous Questions ▪ Capital Improvement Plan ▪ Inspections ▪ Pump Stations (See attachment summary) ▪ General ▪ Map ▪ Spill Response Plan ▪ Sewer & FOG Ordinances ▪ Reporting Requirements ▪ Spills Page 1 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Ron Boone and Tricia Lowery of the NC Division of Water Resources, Winston-Salem Regional Office conducted a compliance evaluation inspection of the Town of Beech Mountain's wastewater collection system on August 10, 2021. Matthew Clawson, Joseph Townsend, and Leroy Wright, operators of the collection system, were present for the inspection. Results of the inspection are summarized in the following paragraphs: PERMIT PART I, PERFORMANCE STANDARDS Part I, Paragraph 2, requires the wastewater collection system shall be effectively managed, maintained and operated at all times. Observations: System is operated effectively to minimize spills. Only one spill reported in each of the previous three years. However, the town had many permit violations as detailed below. Compliance Status: Compliant Part I, Paragraph 4, the Permittee shall establish an effective sewer use ordinance (SUO). Observations: Mr. Clawson could not provide a SUO during the inspection. Compliance Status: Noncompliant Part I, Paragraph 5, requires the Permittee to develop and implement an educational and enforceable fats, oils and grease (FOG) program. Observations: FOG program wholly insufficient. Very litte to no efforts to educate public or enforce FOG control. What actions have been taken are completely undocumented. Compliance Status: Noncompliant Part I, Paragraph 6, requires the Permittee to adopt and implement a Capital Improvement Plan (CIP). Observations: Mr. Clawson could NOT provide an officially adopted CIP during the inspection. Compliance Status: Noncompliant Part I, Paragraph 7 requires there be no overflow or bypass structures within the system. Observations: No such structures were identified during the inspection. Compliance Status: Compliant Part I, Paragraph 8 requires the Permittee to maintain a contingency plan for pump failure. Observations: Mr. Clawson was not able to provide a pump station contingency plan during the inspection. Compliance Status: Noncompliant Part I, Paragraph 9 requires each pump station be clearly and conspicuously posted. Observations: The one pump station visited during the inspection, #2 Klonteska, has an acceptable sign. The status of signs at the other four pump stations is unknown but operators stated all stations have similar signage. Compliance Status: Compliant Part I, Paragraph 10 requires pump station sites, equipment and components shall have restricted access, as per 15A NCAC 02T .305(h)(4). Observations: The security fence for the #2 Klonteska PS is in very poor condition and, in fact, has completely fallen down on the back side of the station. Additionally, none of the access points were properly secured. The security status of the other four lift stations is unknown. Compliance Status: Noncompliant Part I, Paragraph 11 requires pump stations that do not employ an automatic polling feature to have both audible and visual high water alarms. Observations: The one pump station visited during the inspection, #2 Klonteska, does have, according to operators, some form of telemetry/SCADA, but neither the installed audible and visual alarms, nor the telemetry/SCADA systems, operated properly when tested by activating the PS's high level float. The status of the monitoring and alarm systems at the other four stations is unknown. Compliance Status: Noncompliant PERMIT PART II OPERATION AND MAINTENANCE REQUIREMENTS Part II, Paragraph 1 requires the Permittee to designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s). Observations: Operators have been properly designated. Compliance Status: Compliant Part II, Paragraph 2 requires the Permittee to develop and adhere to a schedule for reviewing all inspection, maintenance, Page 2 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine operational and complaint logs. Observations: Mr. Clawson stated he conducts reviews of all such records every three months or so, but his reviews are not documented. The town needs to ensure all such reviews are properly documented. Reviewers should, at a minimum, sign or initial and date every piece of documenation they review. Compliance Status: Noncompliant Part II, Paragraph 3 requires the Permittee to develop and adhere to a schedule for testing emergency and standby equipment. Observations: Operators stated PS generators are exercised weekly. These activities must also be fully documented as required under Permit Condition III, Paragraph 1. Compliance Status: Compliant Part II, Paragraph 4 requires the Permittee to develop and implement a routine pump station inspection and maintenance program. Observations: The PS inspection logs do NOT include all the required information. Compliance Status: Noncompliant Part II, Paragraph 5 requires at least one fully operational spare pump to be maintained on hand for each PS without PS reliability. Observations: According to Mr. Clawson there are no simplex pump stations in the system and all duplex pump stations in the system meet the reliability requirements. Compliance Status: Compliant Part II, Paragraph 6 requires the Permittee to maintain on hand at least two percent of the number of pumps installed, but no less than two pumps, that discharge to a pressure sewer and serve a single building. Observations: According to Mr. Clawson there are no simplex pump stations in the system. Compliance Status: Not applicable Part II, Paragraph 7 requires that rights -of -way and/or easements be properly maintained to allow unhindered accessibility to the wastewater collection system. Observations: According to Mr. Clawson, ROWs are maintained on an as needed basis. None were observed during the inspection that were insufficiently maintained but records of ROW maintenance activities are meager, at best. Compliance Status: Compliant Part II, Paragraph 8 requires the Permittee assess cleaning needs, and develop and implement a program for appropriately cleaning at least 10 percent of the system each year. Observations: The permit's system description indicates the system has 60 miles of gravity sewer. Therefore, the annual cleaning requirement is 6 miles, or 31,680 feet. The October 2017 inspection indicates the town did clean the required ten percent that year, but it is unknown whether the town met the requirement in 2018-2020, as none of the data was readily available during the inspection. Please provide totals of line cleaned for 2018-2020 in your response to this inspection report. Compliance Status: Noncompliant Part II, Paragraph 9 requires adequate measures to be taken to contain and properly dispose of materials associated with SSOs. The Permittee shall maintain a Response Action Plan. Observations: An acceptable spill response action plan was reviewed during the inspection. Compliance Status: Compliant Part II, Paragraph 10 requires the Permittee, or their authorized representative, to conduct an on -site evaluation for SSOs as soon as possible, but no more than two hours after first knowledge. Observations: No conditions were observed during the inspection, or in the processing of past reported SSOs, that indicate noncompliance with this reqiurement. Compliance Status: Compliant Part II, Paragraph 11 requires the Permittee to restore system operation, remove visible solids and paper, sanitize ground area and restore the surroundings in response to all SSOs. Observations: No conditions were observed during the inspection, or in the processing of past reported SSOs, that indicate noncompliance with this requirement. Compliance Status: Compliant PERMIT PART III, RECORDS Part III, Paragraph 1 requires that records be maintained to document compliance for of three years. Observations: Sufficient records were not available for: 1(5) — FOG Program; 11(2) — Records Review; 11(4) — Pump Station Inspections; 11(7) — ROW Maintenance, 11(8) — Line Cleaning; V(1) — System Inspections; and, V(3)—Annual General Page 3 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Observation, V(4) High Priority Line inspections. Compliance Status: Noncompliant Part III, Paragraph 2 requires the Permittee to maintain adequate records pertaining to SSOs, and complaints for a minimum of three years. Observations: Mr. Clawson had SSO records but did NOT have press releases or public notices as required by NCGS 143-215.1C. Complaint records are saved in a workorder database and are considered sufficient Compliance Status: Noncompliant Part III, Paragraph 3 requires the Permittee to maintain an up-to-date, accurate, comprehensive map. Observations: According to operators, the system is fully mapped using computer software and all required attributes are saved using available information. A single comprehensive system map was NOT presented during the inspection. Please provide a copy of the comprehensive system map along with your written response to this letter. Since the permit gives the permittee 10 years to complete the map and the permit was originally issued in 2001, the system map should be complete in accordance with this permit condition. Compliance Status: Noncompliant Part III, Paragraph 4 requires the Permittee to maintain records of all of the modifications and extensions to the collection system permitted herein. Observations: Operators fully acknowledged this requirement and no conditions demonstrating noncompliance were observed during the inspection. Compliance Status: Compliant PERMIT PART IV, MONITORING AND REPORTING REQUIREMENTS Part IV, Paragraph 1 requires any monitoring deemed necessary to ensure surface water and groundwater protection will be established, and an acceptable sampling and reporting schedule shall be followed. Observations: No conditions demonstrating noncompliance with this condition were observed. Compliance Status: Compliant Part IV, Paragraph 2 requires the Permittee to verbally report to a Division of Water Resources staff member at the Winston-Salem Regional Office as soon as possible but in no case more than 24 hours following the occurrence or first knowledge of the occurrence of SSOs. Observations: No conditions were observed that indicate noncompliance with this requirement. Compliance Status: Compliant Part IV, Paragraph 3 requires the Permittee to meet the annual reporting and notification requirements provided in North Carolina General Statute §143-215.1 C. Observations: Total daily flow is <200,000 gallons per day. Therefore, an annual report is not required. Compliance Status: Compliant PERMIT PART V, INSPECTIONS Part V, Paragraph 1 requires the Permittee to inspect the collection system regularly to reduce the risk of malfunctions and deterioration, operator errors, and other issues that may cause or lead to the release of wastes to the environment, threaten human health or create nuisance conditions. Observations: Given the observations enumerated above and below this permit condition, the inspector believes the permittee to be noncompliant with this permit condition. Compliance Status: Noncompliant Part V, Paragraph 2 requires that pump stations without SCADA systems or telemetry shall be inspected everyday. Pump stations equipped with SCADA or telemetry systems shall be inspected at least weekly. Observations: Operators stated all five pump stations have telemetry and all are inspected weekly. Compliance Status: Compliant Part V, Paragraph 3 requires a general observation of the entire collection system shall be performed throughout the course of every year. Observations: Operators stated they believe the entire system is observed over the course of each year but there is no documentation of this activity. Compliance Status: Noncompliant Part V, Paragraph 4 requires inspections of all high priority lines at least once per every six-month period of time. Observations: Mr. Clawson has a list of four high priority lines (HPLs) and they are each inspected once quarterly. However, there are likely more HPLs that have not been properly identified and inspected because they were NOT aware of the permit's definition of a HPL. The town must fully re-examine the entire system for additional HPLs as defined by the permit Page 4 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine and begin to properly inspect them as required. Please provide an updated list of high priority lines along with your written response to this notice. Compliance Status: Noncompliant Page 5 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine General Is there a properly designated primary ORC and at least one back-up of proper grade? Are logs being reviewed by the system management or owner on a regular basis? # What is that frequency? # Are there any issues being addressed currently or any in the planning stages? Is there a specific pump failure plan available for all pump stations? Does plan indicate if pump parts/new pumps are in spare parts/equipment inventory? Are new/significantly upgraded pump stations equipped with anti -corrosion materials? Does the permittee have a copy of their permit? # Is permit expiring within the next 6 months? If Yes, has the Permittee applied for renewal? Comment: Refer to summary. Sewer and FOG Ordinances Is Sewer Use Ordinance (SUO) or other Legal Authority available? Does it appear that the Sewer Use Ordinance is enforced? Is there a Grease Control Program that legally requires grease control devices? What is the standard grease trap cleaning requirement in the FOG ordinance? Is Grease Control Program enforced via periodic inspections/records review? Is action taken against violators? # Have satellite systems adopted an equivalent or more stringent ordinance? 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.) Comment: Refer to summary. Capital Improvement Plan Has a Capital (CIP) or System Improvement Plan been developed and adopted? Is it designated for wastewater only or does it have a dedicated section? Does CIP cover three to five year period of earmarked improvements? Does CIP include description of project area? Does CIP include description of existing facilities? Does CIP include known deficiencies? Does CIP include forecasted future needs? Comment: Refer to summary. Map Yes No NA NE ▪ ❑ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ • ❑ • ❑ ❑ ❑ ❑ • ❑ Yes No NA NE N/A ❑ ❑ ❑ • Yes No NA NE ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ Yes No NA NE Page 6 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Is there a overall sewer system map? Does the map include: Pipe Type (GS/FM) 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 Is the map being updated for changes/additions within 1 year of activation? Comment: Refer to summary. Reporting Requirements # 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? Is an Annual Wastewater Performance Report being filed with the Division, if required? Is the report being made available to all its sewer customers? # How is it being made available? Comment: Refer to summary. Inspections 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? Comment: Refer to summary. Spill Response Action Plan Is a Spill Response Action Plan available? Is a Spill Response Action Plan available for all personnel? Does the plan include: • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ▪ • ❑ ❑ ❑• Yes No NA NE • ❑ ❑ ❑ • ❑ ❑ ❑ N/A Yes No NA NE ❑ • ❑ ❑ • ❑ ❑ ❑ ❑ ❑ ❑ • Yes No NA NE • ❑ ❑ ❑ • ❑ ❑ ❑ Page 7 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine 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 Does the Permittee appear to respond within 2 hours of first knowledge of a spill? Comment: Refer to summary. Spills Is system free of known points of bypass? If No, describe type of bypass and location Are all spills or sewer related issues/complaints documented? # Are there repeated overflows/problems (2 or more in 12 months) at same location? # If Yes, is there a corrective action plan? Comment: Refer to summary. Pump Stations Please list the Pump Stations Inspected: #2 Klonteska # Number of duplex or larger pump stations in system # Number of vacuum stations in system # Number of simplex pump stations in system # Number of simplex pump stations in system serving more than one building How many pump/vacuum stations have: # A two-way "auto polling" communication system (SCADA) installed? # A simple one-way telemetry/communication system (auto -dialer) installed? For pump stations inspected: Are they secure with restricted access? Were they free of by-pass structures/pipes? Were wet wells free of excessive grease/debris? # Do they all have telemetry installed? Is the communication system functional? Is a 24-hour notification sign posted ? Does the sign include: Owner Name? • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ • • ❑ ❑ ❑ ❑ ❑ • ❑ Yes No NA NE 5 0 0 0 5 0 • ❑ ❑ ❑ ❑ • ❑ ❑ ❑ ❑ • ❑ • ❑ ❑ ❑ Page 8 of 9 Permit: WQCS00210 Owner - Facility:Town of Beech Mountain Inspection Date: 08/10/2021 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Pump station identifier? # Address? Instructions for notification? 24-hour emergency contact numbers? Are audio and visual alarms present? Are audio and visual alarms operable? # Is there a backup generator or bypass pump connected? If tested during inspection, did it function properly? Is the back-up system tested at least bi-annually under normal operating conditions? # Does it have a dedicated connection for a portable generator? # Is the owner relying on portable units in the event of a power outage? # If Yes, is there a distribution plan? If Yes, what resources (Units/Staff/Vehicles/etc) are included in Plan? Refer to summary. # Does Permittee have the approved percentage of replacement simplex pumps? Is recordkeeping of pump station inspection and maintenance program adequate? Do pump station logs include at a minimum: Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? Inspecting alarms, telemetry and auxiliary equipment? Comment: Refer to summary. • ❑ ❑ ❑ ❑ • ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ Page 9 of 9