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HomeMy WebLinkAboutNCG080331_NOV_20190305ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director CERTIFIED MAIL: 7012 3050 0001 9398 7393 RETURN RECEIPT REQUESTED Ezzell Trucking, Inc. Attn: Grover Ezzell PO Box 67 Harrells, NC 28444-0067 NORTH CAROLINA Environmental Quality March 5, 2019 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0075) NPDES Stormwater General Permit NCG080000 Ezzell Trucking, Inc. Ezzell Trucking -Sampson, Certificate of Coverage NCG080331 Sampson County Dear Mr. Ezzell: On January 30, 2019, Mike Lawyer, Environmental Program Consultant from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Ezzell Trucking -Sampson facility located at 11535 Taylors Bridge Highway in Sampson County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Mr. Alan Darr, Safety Manager, was also present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCGO80000 under Certificate of Coverage NCG080331. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Quewhiffle Creek, a Class C;Sw waterbody in the Cape Fear River Basin. As a result of the site inspection, the following permit conditions violations are noted: Stormwater Pollution Prevention Plan (SPPP) At the time of inspection, a Stormwater Pollution Prevention Plan (SPPP) had not been developed as required by the NCGO80000 permit. Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with the permit requirements that were in effect from November 1, 2012 to October 31, 2018. Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with the permit requirements that were in effect from November 1, 2012 to October 31, 2018. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. � North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources NORTFt CAROL.INA EFayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 Department of Environmental quality 910.433,3300 Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions or concerns, please contact Mike Lawyer at (910) 433-3394 or via e-mail at mike.lawyer@ncdenr.gov. Sincerely, imothy L. La nty, PE Regional Engineer DEMLR TL/ml Enclosure cc: Alan Darr, Safety Manager — Ezzell Trucking, Inc. (via e-mail) Annette Lucas, PE, Program Manager— DEMLR, Stormwater Program (via e-mail) Alaina Morman, Environmental Specialist — DEMLR, Stormwater Program (via e-mail) FRO — DEMLR, Stormwater Files Permit: NCGO80331 SOC: County: Sampson Region: Fayetteville Contact Person: Alan Darr Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): On -site representative Related Permits: Compliance Inspection Report Effective: 11/01/18 Expiration: 05/31/21 Owner: Ezzell Trucking Inc Effective: Expiration: Facility: Ezzell Trucking -Sampson 11535 Taylors Bridge Hwy Harrells NC 28444 Title: Safety Manager Phone: 800-849-7110 Ext.7111 Certification: Phone: Alan Darr 910-532-4101 ext 245 Inspection Date: 01/30/2019 EntryTime: 1 .10AM Primary Inspector: Mike Lawye. , Secondary Inspector(s): Exit Time: 11:30AM Phone: 910-433-3300 Ex;,7.2r 33<?Y Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCGO80331 Owner - Facility: Ezzell Trucking Inc Inspection Date: 01/30/2019 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Facility renewed permit coverage effective November 1, 2018. Inspection conducted on January 30, 2019 as a follow-up to the inspection conducted on December 20, 2013, which resulted in the issuance of a Notice of Violation. Met with Mr. Alan Darr, Safety Manager, who provided the facility's analytical monitoring records from the time period after the previous inspection to this inspection for review. Records indicate that monitoring results consistently met the benchmark values contained in the previous permit cycle, however sampling was conducted and recorded only once per year from 2014 to 2017 instead of semi-annually as required by the permit and there were no monitoring records for 2018. Qualitative monitoring, which is also required to be conducted semi-annually, was conducted and recorded only once for 2014 and once for 2015 with no records for 2016 to 2018. At the time of inspection, a Stormwater Pollution Prevention Plan (SWPPP) for the facility could not be provided for review. After the records review, observations of site conditions were made to include the facility's fueling station, oil/water separator, above ground fuel tanks with secondary containment structure, stormwater pond and discharge outfall. Facility appeared to be well operated and maintained. A copy of a SWPPP dated February 7, 2019 was provided to the inspector by Mr. Darr via e-mail on February 8, 2019 as agreed upon during the inspection. A review of the SWPPP was conducted and while it contains the basic components as required by the NCG080000 permit, some recommendations and comments were sent by the inspector to Mr. Darr via e-mail on February 11, 2019. Page: 2 Permit: NCGO80331 Owner - Facility: Ezzell Trucking Inc Inspection Date: 01/30/2019 Inspection Type: Compliance Evaluation Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? Reason for Visit: Routine # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: At the time of inspection a Stormwater Pollution Prevention Plan could not be provided for review. Yes No NA NE ❑■❑❑ ❑❑❑■ ❑❑❑■ ❑❑❑■ ❑ ❑ ❑ ❑❑❑■ M ❑ ❑ ❑ ❑❑❑■ ❑ ❑ ❑ ❑❑❑■ ❑❑❑■ ❑ ❑ ❑ ❑❑❑■ ❑ ❑ ❑ ❑❑❑■ Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Records indicate qualitative monitoring was conducted only once in 2014 and once in 2015 with no records for 2016 to 2018. Analytical Monitorinq Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑ Comment: Records indicate analytical monitoring was conducted only once per year from 2014 to 2017 with no records for 2018. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? M ❑ ❑ ❑ # Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑ Comment: Page: 3