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Home My WebLink AboutNC0046213_Notice of Violation_20230809ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director CERTIFIED MAIL# 7018 3090 0001 2322 7119 RETURN RECEIPT REQUESTED: August 9, 2023 Richard Voytek, Director U.S. Terminals Circle K Stores, Inc. 2101 Zoo Parkway Jacksonville, Florida 32226 SUBJECT: Notice of Violation Compliance Evaluation Inspection NICK Terminals, LLC./Charlotte Terminal NPDES Permit No. NCO046213 Mecklenburg County Tracking No. NOV-2023-PC-0416 Dear Mr. Voytek: NORTH CAROLINA Environmental Quality Enclosed is a copy of the Compliance Evaluation Inspection (CEI) Report for the inspection conducted at the subject facility on August 2, 2023, by Mr. Wes Bell of this Office. Please advise all environmental staff of our findings by forwarding the enclosed report. This report is being issued as a Notice of Violation (NOV) for the late submittal of the November 2022, January 2023 and March 2023 eDMRs which are violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1. Please note that G.S. 143-215.6A provides for a civil penalty of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, 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. It is requested that a written response be submitted to this Office by August 30, 2023, detailing the actions taken to address these violations. In responding, please address your comments to the attention of Mr. Bell. Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192 or at wes.bell(&deq.nc.gov. Enclosure: Inspection Report Sincerely, DocuSigned by: F161 FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ D North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 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 IN 1 2 u 3 I NCO046213 111 121 23/08/02 I17 18 LC] I 19 I s I 201 21111I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------- Reserved ------------------- 67 2.0 70LJ 71 I„ I 72 L.71 74 79 I I I I 80 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) 12:47PM 23/08/02 21/11/01 Charlotte Terminal 8035 Mount Holly Rd Exit Time/Date Permit Expiration Date Paw Creek NC 28130 01:12PM 23/08/02 25/06/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Maribeth D Hughes//704-458-3993 / Matthew Joseph Brundage/ORC/704-523-4726/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Richard Voytek,8035 Mount Holly Rd Paw Creek NC 28130//812-350-9849/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenar Records/Reports Self -Monitoring Progran 0 Facility Site Review Effluent/Receiving Wate Laboratory 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 Wes Bell signed by: DWR/MRO WQ/704-663-1699 Ext.2192/ 8/9/2023 Be& E�Docu`,'c',96DMCC3437— Signature of Mf�eviewer Agency/Office/Phone and Fax Numbers Date Andrew Pit e�""�'`�`' H �"bWR/MRO WQ/704-663-1699 Ext.2180/ 8/9/2023 F161 FB69A2D84A3... EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type NCO046213 I11 12I 23/08/02 117 18 i c i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NCO046213 Owner -Facility: Charlotte Terminal Inspection Date: 08/02/2023 Inspection Type: 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? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? M ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Outfall 001 consists of stormwater from the secondary containment structures (ASTs and loading rack area. The stormwater from the loading rack area is treated by an oil/water separator and combined with the discharge from the secondary containment structures. The combined discharges flow through a holding pond equipped with a discharge value that is normally secured in a locked position. The holding tanks are not currently being used. The last compliance evaluation inspection at this facility was performed by DWR staff on 2/26/2020. Record Keeping Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Yes No NA NE • ❑ ❑ ❑ • ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ Page# 3 Permit: NCO046213 Owner -Facility: Charlotte Terminal Inspection Date: 08/02/2023 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: The records reviewed during the inspection were organized and well maintained. Discharge Monitoring Reports (eDMRs) were reviewed for the period July 2022 through June 2023. No limit violations were reported; however, the November 2022, January 2023 and March 2023 eDMRs were all not submitted by the last calendar day of the month following the completed reporting period as required by the NPDES Permit [Part 1, Section A(4)(1) Reporting Requirementsl. This inspection report will be issued as a Notice of Violation to address these reporting violations. The facility staff will review and revise all applicable eDMRs starting in January 2022 to correct several transcription errors including units of measurement, flow values, ORC and/Backup ORC visitations (dates/times) and EPA Method 625 and toxicity results. Facility staff must ensure all eDMRs are accurate and complete prior to submittal. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ 0 ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ ❑ ❑ # Is the facility using a contract lab? 0 ❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 ❑ ❑ 0 ❑ degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ 0 ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ ❑ Comment: Pace Analytical Services and ETT Environmental, Inc. (toxicity) have been contracted to perform permit -required analyses. S&ME staff are contracted to collect effluent samples. Facility staff should notify the contracted laboratory to analyze future effluent total recoverable phenolics samples at a lower detection limit (5 uq/L instead of 40 ug/L). Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters are present in concentrations greater than applicable standards and criteria. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ 0 ❑ Is sample collected below all treatment units? 0 ❑ ❑ ❑ Is proper volume collected? M ❑ ❑ ❑ Is the tubing clean? ❑ ❑ 0 ❑ # 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)? Comment: The subject permit requires effluent grab samples. Facility staff must ensure that the effluent is collected directly into the oil & grease sample container (no intermediate sample containers/devices). Page# 4 Permit: NCO046213 Inspection Date: 08/02/2023 Owner -Facility: Charlotte Terminal Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The NPDES facilities appeared to be properly operated and well maintained. The entire facility (including NPDES facilities) is inspected on a daily basis by the on -site staff. STAT, Inc. would be contracted to remove and dispose of the free product in the oil/water separator. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? 0 ❑ ❑ ❑ Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is the flow meter operational? 0 ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: The flow from Outfall 001 is measured by an in -line flow meter. The flow meter will be either calibrated annually (as was done under previous ownership) or a new factory calibrated flow meter will be purchased every year. The facility staff must ensure all effluent discharges are measured and reported on the eDMRs. Effluent Pipe 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? Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ Comment: Outfall 001 was not discharging at the time of the inspection; however, no petroleum sheens were observed in the holding pond. Page# 5