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HomeMy WebLinkAboutNCG550657_NOV2022PC0061 & CEI Report_20220222 February 22, 2022 Tamara Nicholson 938 Sugar Cove Road Clyde, NC 28721 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2022-PC-0061 Permit No. NCG550657 18769 Great Smoky Mountains Expressway Haywood County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the 18769 Great Smoky Mountains Expressway on February 10, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550657. 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 violations were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Septic Tank Septic maintenance records were not available during the inspection, and have not been provided since at least 2016. [NCG550000 Part I. D. 3. a.- b. Permit Conditions (Operation, Maintenance & Records) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. 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 during the inspection, and has not been located since at least 2016. [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 shall be maintained at all times and in good operating order.] _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D _________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling Annual effluent sampling results were not available during the inspection, and have not been provided since at least 2016. [NCG550000 Part I. C. Effluent Limitations and Monitoring Requirements (see tables in NCG550000 General Permit)] _________________________________________________________________________________________________________________________________________________________________________ Corrective Measures for the Violations Noted Above: Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to the Asheville Regional Office (ARO). Effluent Pipe: Locate effluent pipe and additional treatment units and submit pictures and a sketch of the layout to ARO. Effluent Sampling: After locating the effluent pipe, sample if effluent pipe is discharging, or document that the pipe is not discharging and submit to ARO. In addition, the issues below must also be addressed: Compliance Issues: 1. The current owner is not listed as the Permittee. Fill out the Change of Ownership form and submit per instructions on the form. 2. The Certificate of Coverage is expired because permit fees are past due – please pay the provided invoices. 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. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. 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, Past Due Invoices Ec: Laserfiche DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D 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 NCG550657 22/02/10 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) 18769 Great Smoky Mountains Expressway 18769 Great Smoky Mountains Expy Waynesville NC 28786 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 11:00AM 22/02/10 14/06/26 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 11:30AM 22/02/10 18/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Ginger Short,1139 Hyatt Creek Rd Bryson City NC 28713/Owner//Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Self-Monitoring Program 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/ 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: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D 2/22/2022 2/22/2022 NPDES yr/mo/day 22/02/10 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 18769 Great Smoky Mountain Expressway. This inspection was conducted to determine if the system is being operated and maintained in compliance with General NPDES Permit No. NCG550000. According to the Haywood County GIS, the property was purchased by Hunter Amusements LLC c/o Tamara Nicholson in 2018. Ms. Armeni attempted to contact Ms. Nicholson multiple times via mail, but no response was ever received. During the inspection, Ms. Armeni noticed a realty sign through Exit Realty Vistas with the realtor Ms. Joy Perko. Ms. Armeni called and emailed Ms. Perko, and she emailed back that the property listing has expired. Ms. Perko said she would contact Ms. Nicholson and tell her to get in touch with me. During the inspection, Ms. Armeni could not locate any system components and no paperwork was provided since the owner could not be contacted. The area surrounding the building was overgrown and it was apparent that the property has been vacant for awhile. Permit: The current owner is not listed as the Permittee. Please fill out the provided Change of Ownership form and submit per instructions on the form. Additionally, the Certificate of Coverage (CoC) is currently expired because permit fees are past due. The past due invoices have been provided and need to be paid in order to retain this CoC. The following violations were noted during the inspection: 1. Septic Tank: The septic tank could not be located and no maintenance records were available. 2. Effluent Pipe: The effluent pipe could not be located. 3. Effluent Sampling: It is unclear whether or not the system discharges and if effluent sampling is being conducted since the effluent pipe could not be located and the owner could not be contacted. NCG550657 17 (Cont.) Page#2 DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D Permit:NCG550657 Inspection Date:02/10/2022 Owner - Facility: Inspection Type: 18769 Great Smoky Mountains Expressway 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? The current owner is not listed as the permittee and billing is past due. 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 area around the building is overgrown.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 owner could not be contacted prior to the inspection, therefore no maintenance records were obtained. 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 disinfection tubes could not be evaluated because they could not be found duing the inspection. Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Page#3 DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D Permit:NCG550657 Inspection Date:02/10/2022 Owner - Facility: Inspection Type: 18769 Great Smoky Mountains Expressway Compliance Evaluation Effluent Pipe Yes No NA NE 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 during the inspection.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)? The owner could not be contacted prior to the inspection, therefore no annual sampling records were provided. Comment: Page#4 DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. INVOICE Annual Permit Fee Overdue *2018PR010652* Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/07/2018 18769 Great Smoky Mountains Expressway Due Date:12/07/2018 Annual Fee:$60.00 2018-12-01 to 2019-11-30 Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 2018PR010652Invoice Number: Notes: 1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card). 2.If payment is by check/money order, please remit payment to: NCDEQ - Division of Water Resources Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center Raleigh, NC 27699-1617 3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your checking account. Credit card transactions will incur a convenience fee. 4.Please include your Permit Number and Invoice Number on all correspondence. 5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6.Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-707-3698. Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 Invoice Number: (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/7/2018 18769 Great Smoky Mountains Expressway Due Date:12/7/2018 Annual Fee:$60.00 Check Number: 2018-12-01 to 2019-11-30 Overdue *2018PR010652* 2018PR010652 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. INVOICE Annual Permit Fee Overdue *2019PR010719* Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/05/2019 18769 Great Smoky Mountains Expressway Due Date:12/05/2019 Annual Fee:$60.00 2019-12-01 to 2020-11-30 Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 2019PR010719Invoice Number: Notes: 1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card). 2.If payment is by check/money order, please remit payment to: NCDEQ - Division of Water Resources Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center Raleigh, NC 27699-1617 3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your checking account. Credit card transactions will incur a convenience fee. 4.Please include your Permit Number and Invoice Number on all correspondence. 5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6.Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-707-3698. Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 Invoice Number: (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/5/2019 18769 Great Smoky Mountains Expressway Due Date:12/5/2019 Annual Fee:$60.00 Check Number: 2019-12-01 to 2020-11-30 Overdue *2019PR010719* 2019PR010719 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. INVOICE Annual Permit Fee Overdue *2020PR010702* Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/05/2020 18769 Great Smoky Mountains Expressway Due Date:12/05/2020 Annual Fee:$60.00 2020-12-01 to 2021-11-30 Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 2020PR010702Invoice Number: Notes: 1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card). 2.If payment is by check/money order, please remit payment to: NCDEQ - Division of Water Resources Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center Raleigh, NC 27699-1617 3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your checking account. Credit card transactions will incur a convenience fee. 4.Please include your Permit Number and Invoice Number on all correspondence. 5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6.Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-707-3698. Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 Invoice Number: (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/5/2020 18769 Great Smoky Mountains Expressway Due Date:12/5/2020 Annual Fee:$60.00 Check Number: 2020-12-01 to 2021-11-30 Overdue *2020PR010702* 2020PR010702 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. INVOICE Annual Permit Fee Overdue *2021PR010978* Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/02/2021 18769 Great Smoky Mountains Expressway Due Date:12/02/2021 Annual Fee:$60.00 2021-12-01 to 2022-11-30 Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 2021PR010978Invoice Number: Notes: 1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card). 2.If payment is by check/money order, please remit payment to: NCDEQ - Division of Water Resources Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center Raleigh, NC 27699-1617 3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your checking account. Credit card transactions will incur a convenience fee. 4.Please include your Permit Number and Invoice Number on all correspondence. 5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6.Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-707-3698. Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 Invoice Number: (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number:NCG550657 Annual Fee Period: Haywood County Invoice Date:11/2/2021 18769 Great Smoky Mountains Expressway Due Date:12/2/2021 Annual Fee:$60.00 Check Number: 2021-12-01 to 2022-11-30 Overdue *2021PR010978* 2021PR010978