NCG510131_NOV-2022-PC-0050_20220214

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 140', 2022
Certified Mail # 7020 3160 0000 4115 3869
Return Receipt Requested
Melvin L Simmons
1797 Old Allensville Road
Roxboro, NC 27574
Subject: Notice of Violation
NOV-2022-PC-0050
Compliance Evaluation Inspection
NPDES General Permit NCG510000
Certificate of Coverage NCG510131
Facility Name: Morristown Grocery
Person County
Dear Mr. Simmons:
On January 27, 2022, Josh Brigham of the Raleigh Regional Office conducted a compliance evaluation
inspection of the treatment facilities located at Morristown Grocery. The purpose of this inspection was to
ensure compliance with the subject NPDES General permit. During the inspection no one was available
on -site or via phone call.
The Morristown Grocery groundwater remediation system is located at 4390 Oxford Road in Roxboro,
North Carolina. The subject facility is covered under NPDES General Permit NCG510000. The subject
facility is permitted to discharge remediated groundwater into an unnamed tributary (UT) to Deep Creek,
which is classified WS-III, ORW, NSW in the Neuse River Basin.
This NPDES compliance evaluation inspection consisted of the following:
• Review of the NPDES permit;
• Review of the owner/facility information;
• On -site inspection of the groundwater treatment units; and
• On -site inspection of the discharge outfall.
Findings during the pre -inspection file review were as follows:
1. The Person County GIS website indicates you currently own the above subject facility. As the
property owner, you are also the owner of the existing groundwater remediation treatment system,
which discharges effluent to waters of the state. According to Division records, a Permit
Name/Ownership Change Form has not been submitted for the subject facility. The permit issued for
this facility still belongs to the facility's former owner. Because the treatment system makes an outlet
North Carolina Department of Environmental Quality I Division of Water Resources
_ Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
/'� 919.791.4200

to waters of the state, it is an activity for which the subject permit is required. To comply with North
Carolina General Statute § 143-215.1(a), which requires a person to obtain a permit to make an outlet
into the waters of the state, you will need to complete and submit the attached Permit
Name/Ownership Change Form to the Division. You were notified of the need for an ownership
change in the previous inspection letter dated September 18, 2018. If you have any questions
regarding the change in permit ownership or completing the form, then please contact Josh
Brigham at 919-791-4251.
2. The NPDES General Permit NCG510000 does not require the permittee to submit monthly Discharge
Monitoring Reports (DMRs) to the Division, except upon demand (see Part I, footnote #1 of the
Effluent Limitations and Monitoring Requirements pages). In addition, there are no standardized
DMRs associated with this General Permit. Although submittal of monthly monitoring reports is not
required, all monitoring requirements remain. The monitoring data (results from sampling events or
documentation of no discharge) should be maintained on site for a period of 3 years. Although the
treatment system is not in operation, all terms and requirements of the NPDES General Permit, and of
North Carolina's rules and regulations pertaining to discharging systems, must be met unless the
permit is rescinded.
Findings during the inspection were as follows:
3. The inspector did not have access to the treatment facility and was not able to verify the treatment
components.
4. At the time of inspection, the treatment facility appeared to be disconnected from electrical service
and the groundwater remediation system was not in operation. The discharge pipe could not be found.
5. The inspector observed the following: the fence surrounding the building housing the groundwater
remediation system had fallen into disrepair due to a tree falling on it. These observations indicate
access to the treatment system is not restricted. North Carolina Administrative Code Title 15A
Subchapter 02T Section .0505(q) states the public shall be prohibited access to the treatment
facilities. Please take the necessary measures to ensure access to the treatment facility is restricted
6. In the absence of an on -site representative, the inspector was not able to observe any facility
monitoring records.
Although the treatment system is not in operation, all terms and requirements of the NPDES General
Permit, and of North Carolina's rules and regulations pertaining to discharging systems, must be met.
Based on the findings from this inspection, you should evaluate if the subject permit is still needed. If
the conditions that required the General Permit are no longer applicable, and there is no effluent
discharge from the system to receiving waters, then you may want to consider requesting a permit
rescission. This permit, however, cannot be rescinded while any activities requiring this permit continue
at the permitted facility.
As the current landowner of this property, please take the necessary actions to determine if the
subject permit is still needed. Please determine the status of the treatment components and
whether or not they are still in operation. Please also determine if the facility is discharging or has
the potential to discharge.
If it is determined that the facility is still in operation and has the potential to discharge, you will
need to complete and send the attached Permit NamelOwnership Change Form to the Division in
order to comply with General Statute § 143-215.1(a).
If it is determined that the subject facility is no longer in operation and does not have the potential
to discharge, the permit should be rescinded. If you no longer require a discharge permit, you
should submit a written request for rescission. In order to rescind an NPDES permit you should

send a letter including the permit number, name and address of the facility and reason for the
rescission to the following address:
Division of Water Resources
WQ Permitting Section-NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Within 30 days of receiving this letter, please respond in writing describing the actions that you will
take or have taken to resolve issues noted in items I and S above. This letter is being issued as a notice
of violation due to discharging without a permit.
If you have questions concerning this report please contact Josh Brigham at 919-791-4251 or
joshua.bri hg am&ncdenr.�ov.
Sincerely,
Vanessa E. Manuel, Assistant R gional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS: EPA Water Compliance Inspection Report
Permit Name/Ownership Change Form
Cc: RRO Files
Laserfiche

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
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 E 2 15 I 3 I NCG510131 I11 12 22/01/27 117
181 j� 1 191 S I 201
21111I I I I I I III I I I I I I I I I I I I I I I I I
I I I I I III 1 11 I I r6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
------------- —------- Reserved ------------------
67 701 LJ I 71 I LLJ I 72 I ti I
731I I 174 71 I I I I I I I80
I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
08:OOAM 22/01/27
19/11/12
Morristown Grocery
4390 Oxford Rd
Exit Time/Date
Permit Expiration Date
Roxboro NC 27574
08:20AM 22/01/27
20/09/30
Name(s) of Onsite Representative(s)Ttles(s)/Phone and Fax Number(s)
Other Facility Data
///
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Betsy Slaughter,155 Old Durham Rd Roxboro NC 27573//336-599-5661/3365994813
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit E Facility Site Review
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
Joshua S Brigham DWR/RRO WQ/919-79lA200/
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#

NPDES yr/mo/day Inspection Type
31 NCG510131 I11 22/01/27 17 18 1C,
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Page#

Permit: NCG510131
Inspection Date: 01/27/2022
Owner - Facility: Morristown Grocery
Inspection Type: Compliance Evaluation
Permit
(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: Plant site is not restricted due to damage from a fallen tree.
Yes No NA NE
❑ ❑ ■ ❑
■ ❑ ❑ ❑
❑ ❑ N ❑
❑ ■ ❑ ❑
■ ❑ ❑ ❑
Page# 3

NORTH CAROLINA
Environmental Quality
NC DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NPDES PERMITTING
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number:
1. Facility Name:
NC00__J_J_/�_ or NCG5_/_/_/_/_
NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit):
3. New owner's or signing official's name and title:
4. Mailing address:
State
E-mail address:
(Person legally responsible for permit)
(Title)
City:
Zip Code: Phone: ( )
III. FACILITY AND DISCHARGE INFORMATION
1. Will the waste stream for the facility remain the same as under the previous owner? Yes ❑ No ❑
2. Will the treatment system and discharge location remain the same? Yes ❑ No ❑
"No Responses"
If either or both of these questions are answered "No" then more information will be needed to review the
request. Please attach documentation to describe and explain the changes to the facility activities, waste
stream, treatment process or outfall location. The Division may not be able to process the Permit
Nome/Ownership Change request and may require that the new owner file a new permit application.
_D_E Q� North Carolina Department of Environmental Quality I Division of Water Quality
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NO%iIH L'AAOIJNA
F 919.707.9000

NPDES Name and Ownership Change
Page 2 of 2
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
3. Information to document facility, waste stream, treatment system or outfall changes as noted in
item III above (if appropriate)
Applicant's Certification:
1, . attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be returned as
incomplete. I understand that Permit Name/Ownership Change can only take place through action
taken by the Division of Water Resources and that no actions on my part or the part of my company
result in the automatic transfer of permit coverage.
Signature:
Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 07/2021