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Home My WebLink AboutNC0005771_Compliance Evaluation Inspection_20230810ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director CERTIFIED MAIL# 7018 3090 0001 2322 7133 RETURN RECEIPT REQUESTED: James Barnett, Manager TransMontaigne Operating Company 7615 Old Mt. Holly Road Charlotte, N.C. 28214 SUBJECT: Notice of Violation Compliance Evaluation Inspection NORTH CAROLINA Environmental Quality August 10, 2023 TransMontaigne Operating Company/Charlotte-Paw Creek Terminal 1 NPDES Permit No. NC0005771 Mecklenburg County Tracking No. NOV-2023-PC-0422 Dear Mr. Barnett: Enclosed is a copy of the Compliance Evaluation Inspection (CEI) Report for the inspection conducted at the subject facility on August 8, 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) due to the permittee's failure to designate a new Backup ORC within 120 days following the previous Backup ORC's vacancy on December 31, 2020, which is a violation of the subject NPDES Permit, 15A North Carolina Administrative Code (NCAC) 08G .0201 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 31, 2023, detailing the actions taken to address this violation. 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.bellgdeq.nc.gov. Sincerely, Docu Signed by !4,4 .w H P,xt t. F161 FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosure: Inspection Report 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 NC0005771 111 121 23/08/08 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 701d I 71 I„ I 72 I r., I 71 I 74 79 I I I I I I I80 L—I ty L-1 I 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 Dermit Number) 09:07AM 23/08/08 21/07/01 Charlotte/Paw Creek Terminal #1 7615 Old Mount Holly Rd Exit Time/Date Permit Expiration Date Paw Creek NC 28130 10:27AM 23/08/08 25/06/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Mason Barnett/ORC/704-399-8378/ Ryan Shultz/Operator Term inal/704-309-8378 / Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Dudley Tarlton,1670 Broadway St Denver CO 80202//303-626-8200/ No 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 DocuSigned by: $/10/202 3 Wes Bell �Be& DWR/MRO WQ/704-663-1699 Ext.2192/ A:96DWCC3437... Signature of Man WQrAdviewer Agency/Office/Phone and Fax Numbers Date Andrew Pi In r AP44'f9WR/MR0 WQ/704-663-1699 Ext.2180/ 8/10/2023 F161 FB69A2D84A3... EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type NC0005771 I11 12I 23/08/08 117 18 i c i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NC0005771 Owner -Facility: Charlotte/Paw Creek Terminal #1 Inspection Date: 08/08/2023 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 runoff from both the loadinq rack area and the secondary containment structures (ASTs). The stormwater runoff from the loading rack area is treated by an oil/water separator prior to being discharged into the secondary containment structures. The combined stormwater discharges is conveyed through two detention ponds (in series) prior to being discharged out of a manually controlled valve (normally locked in a closed position). The last compliance evaluation inspection at this facility was performed by DWR staff on 2/25/2020. 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: NC0005771 Inspection Date: 08/08/2023 Record Keeping Owner -Facility: Charlotte/Paw Creek Terminal #1 Inspection Type: Compliance Evaluation Yes No NA NE Comment: The records reviewed durinq the inspection were orqanized and well maintained Discharge Monitoring Reports (eDMRs) were reviewed for the period July 2022 through June 2023. No limit violations were reported. The February 2023 will need to be revised to correct the effluent toxicity result (should be >100 instead of <100). Facility staff must also ensure to document all ORC visitations on months with no discharges (November 2022 and June 2023). Note: The ORC visitations were documented in the on -site records. The permittee failed to designate a new Backup ORC within 120 days following the previous Backup ORC's departure on 12/31/2020 as required by the NPDES Permit and 15A North Carolina Administrative Code (NCAC) 08G .0201. A Backup ORC with the appropriate certification must be designated as soon as possible. Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Yes No NA NE ❑ ❑ ■ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ Comment: Pace Analytical Services and Meritech, Inc. (toxicity) have been contracted to perform Permit -required analyses. The on -site staff collect the effluent samples. Effluent Sampling 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)? Comment: The subject permit requires effluent grab samples. Yes No NA NE ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ 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 ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Page# 4 Permit: NC0005771 Inspection Date: 08/08/2023 Operations & Maintenance Owner -Facility: Charlotte/Paw Creek Terminal #1 Inspection Type: Compliance Evaluation Yes No NA NE 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. Sparks Environmental Services, Inc. has been contracted to remove and dispose of the free product in the oil/water separator. The free product is disposed at the Heritage -Crystal Clean facility in Concord, N.C. 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 flows are calculated by multiplying the flow rate by the duration of the discharqe event. The facility staff must ensure all effluent discharges are measured and reported on the eDMRs. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Outfall 001 was not discharging at the time of the inspection; however, no petroleum sheens were observed in the detention ponds. Page# 5