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Home My WebLink AboutNCG020150_Emailed DWR NOV-2021-OC-003 (Attachment)_20211221DocuSign Envelope ID: 71D13D76-3AF8-48A2-8586-6C6CF457OB5A ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 17, 2021 CERTIFIED MAIL 7017 1070 0000 1776 4419 RETURN RECEIPT REQUESTED B. V. Hedrick Gravel & Sand Company Joseph C. Lordi - President P.O. Box 1040 Salisbury, NC 28145 B. V. Hedrick Gravel & Sand Company Jeffrey V. Goodman — Registered Agent P.O. Box 1040 Salisbury, NC 28145 Subject: NOTICE OF VIOLATION AND NOTICE OF INTENT TO ENFORCE NOV-2021-OC-0003 (Incident #202102252) Unlawful discharge and stream standard violation Stormwater Water COC Permit: NCG0200150 Grove Stone & Sand Company (842 OLD US HIGHWAY 70) Buncombe County, N.C. Dear Mr. Lordi and Mr. Goodman, Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect and preserve the water and air resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce water pollution control laws and regulations. On December 8, 2021, DWR staff from the Asheville Regional Office were investigating a surface water complaint in the Swannanoa River. During the course of the investigation, staff conducted a stream walk from the confluence of the North Fork of the Swannanoa River to the bridge at Old US Highway 70. Petroleum sheen was prevalent along this % mile section of stream. Staff returned on December 9, 2021 to conduct a second stream walk from the bridge at Old Highway 70 to a point % mile upstream. The source of the petroleum sheen was identified as a stormwater pond and outfall located approximately 300 feet upstream of Old US Highway 70 and on property owned by Grove Stone & Sand Company. Petroleum sheen was observed in the pond and in the outfall channel immediately below the outfall pipe. DWR staff D E Q North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARIDLINA o.Permem or �Nv� au,ory 828.296.4500 DocuSign Envelope ID: 71D13D76-3AF8-48A2-8586-6C6CF4570B5A Joseph C. Lordi Jeffrey V. Goodman December 17, 2021 Page 2 of 4 conducted a second inspection of the stormwater outfall during a precipitation event on December 11, 2021. A contiguous petroleum sheen was observed on the water discharging from the stormwater outfall and entering the North Fork of the Swannanoa River (Class C stream). Violations As a result of the identification of a petroleum sheen present in the North Fork of the Swannanoa River, the following violations are noted: Violation I. Unlawful Discharge NCGS §143-215.83(a) - It shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. Violation II. Discharge or Intermixing of Waste Without a Permit NCGS § 143-215.1(a)(6) - no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. The discharge resulted in a violation of 15A NCAC 02B .0211(12) — Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, or colored or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3(a)-(b), incorporated by reference including subsequent amendments and editions. This material is available, free of charge, at: http://www.ecfr.gov/. DocuSign Envelope ID: 71D13D76-3AF8-48A2-8586-6C6CF457OB5A Joseph C. Lordi Jeffrey V. Goodman December 17, 2021 Page 3 of 4 Required Response and Corrective Action This Office requests that you provide a response to this letter in writing. Your response is to be received by this office no later than thirty (30) days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following items: 1. Immediately cease all unpermitted discharges of petroleum product to surface waters from primary (i.e., tanks) and secondary sources (i.e., impacted soils, stormwater conveyances, etc) where applicable. 2. Please provided a narrative describing inputs to the stormwater outfall indicating why the outfall appeared to be discharging without prior precipitation events. The subject outfall channel appeared to have sediment present. Please provide documentation as to the maintenance practices of the stormwater system. 3. Report to this Office assessing the cause and source of the petroleum release. Please address whether this petroleum release is in anyway related to an underground storage tank (UST) incident on your property (UST Incident #9762). 4. The DWR ARO is requiring a site inspection of your facility at your earliest convenience. Please provide available dates in January 2022. This Notice of Violation and Notice of Intent to Enforce (NOV/NOI) is being issued for the above noted violations of NCGS §143-215.823(a) and NCGS § 143-215.1(a)(6). These violations and any future violations are subject to civil penalties. Pursuant to NCGS § 143-215.88(a), any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of this Part may be assessed of a penalty of up to five thousand dollars ($5,000) for every act or omission which causes, aids, or abets a violation of the Oil Pollution and Hazardous Substances Control Act. Pursuant to NCGS § 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed by the Secretary against any person who violates any classification, standard, limitation, or management practice established pursuant to NCGS §143-214.1, NCGS §143-214.2, or NCGS §143-215. If any action or failure to act for which a penalty may be assessed under this section is continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per day for so long as the violation continues, unless otherwise stipulated. For violators who have not been assessed a civil penalty in the preceding five years, the maximum penalty is ten thousand ($10,000), or ten thousand ($10,000) per day in the case of continuing violations. Thank you for your attention to this matter. This Office requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering enforcement action regarding these violations. If you wish to provide additional information regarding the DocuSign Envelope ID: 71D13D76-3AF8-48A2-8586-6C6CF4570B5A Joseph C. Lordi Jeffrey V. Goodman December 17, 2021 Page 4 of 4 noted violations or discuss overall compliance, please include these topics in your required response. Your response will be considered in evaluating appropriate enforcement action. Should you have any questions regarding these matters, please contact Brett Laverty or me at (828) 296-4500. Sincerely, DocuSigned by: 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: Jason Conner— Hedrick DEMLR ARO Stan Aiken DEMLR CO SW Bethany Georgoulias