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Home My WebLink AboutNC0005274_NOV-2019-PC-0059_20190130 ROY COOPER Governor MICHAEL S.REGAN Secretary "h+a LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality February 13, 2019 CERTIFIED MAIL #7016 1370 0000 2591 1414 RETURN RECEIPT REQUESTED Mr. Tom McKittrick, Manager Lowell Investments, LLC. 5320 Old Pineville Road Charlotte, NC 28217 Subject: Notice of Violation and Recommendation for Enforcement Action NOV-2019-PC-0059 Lowell Investments, LLC. NPDES Permit No. NC0005274 Gaston County Dear Mr. McKittrick: Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the subject facility on January 30, 2019, by Ori Tuvia. The cooperation of MariJon Owens during the site visit was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report. Overall, the wastewater treatment system requires attention and maintenance. The following observations require immediate attention: • Valves to Tank#4 and Tank#5 did not have locks. This observation is of significant concern given the apparent unrestricted access to the site and the fact that a recent spill occurred at the site. Specifically, a spill of partially treated wastewater in the amount of 127,000 to 160,000 gallons occurred. The unpermitted discharge ultimately entered into the South Fork Catawba River. • Observation of Tank #2 (previously the secondary clarifier) indicated that freeboard levels have not been maintained. At the time of the inspection,there was no freeboard space and any addition of rainfall or wastewater would cause Tank#2 to overflow and spill onto the ground and ultimately to surface waters of the State. D_EQ State of North Carolina I Environmental Quality I water Resources I Water Quality Regional Operations Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704 663 1699 In addition to the maintenance issues, the facility was placed on 90-day notice to either complete and submit an accurate permit application or request the permit be rescinded in accordance with correspondence issued on January 28, 2019. Please be advised that this correspondence is being transmitted as a Notice of Violation and Recommendation for Enforcement Action. You are requested to respond to this Notice, in writing, regarding the above noted violations, within fifteen (15) days of receipt. The response should include all remedial actions including the specific activities to prevent the recurrence of these violations. Failure to respond and/or failure to resolve the violations could subject you to further action by the Division of Water Resources. Please be advised that pursuant to G.S. 143- 215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per violation and may be assessed 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. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ori Tuvia at (704)235-2190, or at ori.tuvia a,ncdenr.gov. Sincerely, Fie W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources,NCDEQ i Attachment: Inspection Report Cc: NPDES, MRO Files (Laserfiche) I I fF y x,l \'ST ft Sr_ f d F : k D r /may P ♦C' F`o. - �l�ji�. ti r y+, �. NNN�!!!___� t�l Y'A-YI �trc• 1�_ F �,. 1 1 ��P�� .�1 2 I in c TWIN, 14- NOW { + v�i�� -74 9 United States Environmental Protection Agency Form Approved. EPA Washington,D.0 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 Fee Type 1 („ I 2 IS 1 3 I N00005274 I11 12 19/01/30 17 18 I C I 19 I c I 201 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1-LI I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------—-----—Reserved-------- 67 20 72 , 73 I 71 JJ 4 75I I I I I I I I80 Section B:FacilityData Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Dale POTW name and NPDES permit Number) 10:05AM 19/01/30 13/01/01 former Yorkshire Americas site 1602 N Main St licit Time/Date Permit Expiration Date 1115AM 19/01/30 13/12/31 Lowell NC 28088 Names)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data /// Manion Owens/// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Tom McKittnck,5320 Old Pineville Rd Charlotte NC 28217/Manager7704-364-9100/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Facility Site Review Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date On A Tuvia MRO WQ//704-663-1699/ 2—/I3 )/ y Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Andrew Pitner AoavqMRO WQ//704-663-1699 Ext.21 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/m/day Inspection Type (Cont.) 1 -31 NC0005274 Ill 12 1e/01/30 17 18 I(; Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Permit section: At the time of the inspection,the inspector observed that the valves for Tank#4 and Tank#5 were not locked. The inspector also observed that there was limited restriction for access to the site. The Division administratively extended the expired permit(as of 12/31/2013)to the current owner(via name/ownership change)on 1/1 012 0 1 4.This administrative extension allowed the current owner a reasonable opportunity to complete plans for the property and provide a complete and accurate permit application.As of February 5, 2019, the facility has yet to submit a completed application. On January 26, 2019,the facility was placed on a 90-day notice. Having provided more than a reasonable opportunity to act,the Division now gives notice that it intends to return your permit application, effectively terminating the permit, unless one of the following actions is satisfactorily completed by 5:00 p.m. on Friday, May 3,2019: 1. Submit a complete and accurate permit application for the facility to this office.The application must describe the current and, if known,future activities at the site; the nature of the wastewaters to be discharged, and the characteristics of those wastes; and must include other information specified in the application. (Note that, for our purposes, stormwater captured in the tanks is considered wastewater.) —OR- 2. Withdraw the current permit application and request permit rescission, in writing, and remove the effluent discharge pipe for Outfall 001. In choosing this action, your options are to: a. prior to submitting your request, discharge waters from the tanks at Outfall 001 per the current permit and properly dispose of all sludge from the tanks; or b. cease discharge to surface waters and transport the waters and sludges off-site for proper disposal. In options a. or b., you must also ensure that the tanks, once emptied, can no longer hold water. Operation and Maintenance section: Sludge and wastewater remain in most tanks. Prior to the inspection, a spill was reported to have occurred at the facility. Facility personnel reported that due to alleged vandalism,a valve was broken at Tank#3 causing approximately 127,000- 160,000 gallons of wastewater to be discharged onto the ground. At the time of the inspection, the inspector observed that the valves for Tank#4 and Tank#5 were not locked. In addition, it was observed that Tank#2, (previously the secondary clarifier) has not been properly maintained with respect to freeboard.At the time of the inspection,there was no freeboard space and any addition of wastewater or rainfall would cause Tank#2 to overflow and spill onto the ground. Page# 2 Permit: NC0005274 Owner-Facility: former Yorkshire Americas site Inspection Date: 01/30/2019 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 ❑ N ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? 0 ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ 0 ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: see summary. 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? Comment: See Summary Page# 3