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Home My WebLink AboutWQCS00089_NOV2019PC0272_20190416 April 22, 2019 CERTIFIED MAIL #7015 1520 0002 8376 2852 RETURN RECEIPT REQUESTED Mr. Jeff Cash City of Cherryville 116 South Mountain Street Cherryville, North Carolina 28021 Subject: Notice of Violation with Intent to Enforce Compliance Evaluation Inspection Case # NOV-2019-PC-0272 Permittee: City of Cherryville Permit No. WQCS00089 Gaston County Dear Mr. Cash: 1. Mr. Tony Parker of the Mooresville Regional Office of the NC Division of Water Resources (DWR or the Division) conducted a compliance evaluation inspection (CEI) of the City’s wastewater collection system (WWCS) on April 16, 2019. The assistance of Mr. Kevin Abernathy and others during the inspection was greatly appreciated. A copy of the inspection report is attached for your records and inspection findings are summarized below. Site/System Review 2. The following system components were inspected: a. Four pump stations were inspected. b. Six manholes were inspected. c. One right of way was inspected. 3. As you are aware, owners of permitted collection systems must comply with their permit and all rules listed under NC Administrative Code 15A NCAC 02T .0400, et seq. Stanly County’s compliance status with each of these rules is summarized below: a. 15A NCAC 02T .0403(a)(1): Requires that the system be effectively maintained and operated at all times to prevent discharge to land or surface waters and any contravention of ground or surface water standards. Observations: 1.72 miles of sewer line was cleaned this past year. The City has 40 miles of gravity sewer listed in the permit. The permit requires that 10% be cleaned every year. The City failed to meet the 10% requirement. Compliance Status: Non-Compliant b. 15A NCAC 02T .0403(a)(2): Requires that a map of the wastewater collection system be developed and actively maintained. Observations: Maps were not available for this inspection. The operator said they are working on getting a computer-based mapping system going. The operator indicated that the City’s Engineer was working on a digital mapping system and was 90% complete. Compliance Status: Non-Compliant c. 15A NCAC 02T .0403(a)(3): Requires that an operation and maintenance (O&M) plan be developed and implemented, which includes pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response. Observations: Protocol has not been set up to address these needs. Pump station logs were available documenting weekly inspections of pump stations. Spare parts and pumps are kept in stock but there is no inventory of same. Maintenance of generators, jetter, rodder and other equipment is not logged. The generator at the Heavner P/S is not used because it will not power both pumps. Compliance Status: Non-Compliant d. 15A NCAC 02T .0403(a)(4): Requires that the permittee or its representative inspect pump stations that are not connected to a telemetry system (i.e., remote alarm system) every day (i.e., 365 days per year) and pump stations that are connected to a telemetry system at least once per week. Observations: The pump station inspection logs indicate that the pump stations are visited weekly as required. Compliance Status: Compliant e. 15A NCAC 02T .0403(a)(5): Requires that the permittee or its representative inspect high-priority sewers (HPS - as defined in 15A NCAC 02T .0402(2)) at least once every six months and document the inspections. Observations: The operator had blank reports ready to be filled out but no entries were made on these reports. The operator indicated that he did not perform these tasks. Compliance Status: Non-Compliant f. 15A NCAC 02T .0403(a)(6): Requires that the permittee or its representative conduct a general observation of the entire wastewater collection system at least once per year. Observations: This requirement may have been met through maintenance of right of ways, and other activities but they were not documented. Compliance Status: Non-Compliant. g. 15A NCAC 02T .0403(a)(7): Requires that overflows and bypasses from the system be reported to the Division's Mooresville Regional Office in accordance with 15A NCAC 02B .0506(a), and that public notice must be provided as required by G.S. 143-215.1C. Observations: SSO’s have been reported and documented in the past as required. The NC regulations and statutes, which cover the reporting requirements for SSOs, are found in NC Administrative Code 15A NCAC 02B .0506(a) and NC General Statute 143-215.1C, respectively. You may access the NC regulations online at the NC Office of Administrative Hearings (OAH) website at: http://www.oah.state.nc.us/rules/ and the NC General Statutes online at the NC General Assembly's website at: http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl. You may wish to review them to ensure you are fully familiar with all requirements. When reporting SSOs to DWQ, you must call the Mooresville Regional Office (MRO) at 704-663-1699 during normal business hours. If outside normal business hours, you must report the spill to the NC Division of Emergency Management at 1-800-858-0368. Please note that all reportable SSOs must be reported within 24 hours of the occurrence, or first knowledge, of the SSO. Please also note that voice mail or faxed messages are not considered as the initial verbal report. You must talk to and report the spill to a live person. Compliance Status: Compliant h. 15A NCAC 02T .0403(a)(8): Requires that a grease control program be developed and implemented as follows: 1. For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users and the legal means to require grease interceptors. The Program shall also include legal means for inspections, enforcement, and legal means to control grease entering the system from other public and private satellite sewer systems. 2. Grease education materials shall be distributed more often than required above if necessary to prevent grease-related sanitary sewer overflows. Observations: The operator indicated educational information is mailed out 2/year. Compliance Status: Compliant. i. 15A NCAC 02T .0403(a)(9): Requires that right-of-ways (ROW) and easements be maintained in the full easement width for personnel and equipment accessibility. Observations: No records were available documenting ROW maintenance however the operator had blank reports to be filled out. The ROW inspected appeared to be maintained but this was done by Duke Power according to the operator. Compliance Status: Non-Compliant. j. 15A NCAC 02T .0403(a)(10): Requires that documentation be kept for all activities you undertake to comply with the requirements of 15A NCAC 02T .0403, subparagraphs (a)(1) through (a)(9), for a minimum of three years, with the exception of the map, which shall be maintained for the life of the system. Observations: Records were not available for most activities. Documentation of all activities should be maintained to show that it is being done. More information would be very beneficial. Compliance Status: Non-Compliant 4. In accordance with NC General Statute 143-215.6A, these violations are subject to civil penalty assessments not to exceed $25,000 per day, per violation. Your written response and the actions that you take to address these violations listed herein will be considered in deciding whether or not such penalties are necessary to compel compliance. It should also be noted that all of the above violations have been noted on almost all previous inspection reports that continue to occur. 5. It is imperative that immediate actions be taken for all the above violations noted. It is requested that a written response be submitted to this Office within fifteen (15) days of receipt of this Notice regarding the above noted violations. Also, please take note of the comments in the inspection report for all issues that need to be addressed. The inspection report should be self-explanatory; however, if you have any questions regarding the inspection report or this correspondence, please contact either Tony Parker at 704-663-1699 (email at tony.parker@ncdenr.gov) or me at 704-235-2194 (email at corey.basinger@ncdenr.gov). Sincerely, W. Corey Basinger, Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: BIMS Inspection Report CC: MRO Central Files PERCS Unit (e-copy) Compliance Inspection Report Permit:WQCS00089 Effective:09/01/16 Expiration:08/31/24 Owner :City of Cherryville SOC: Contact Person: Region: County: Directions to Facility: Gaston Mooresville Robert Kevin Abernathy Effective:Expiration:Facility:Cherryville Collection System 116 S Mountain St Cherryville NC 280213421 Title:Phone:704-435-1737Water & Sewer Super Secondary ORC(s): 704-435-1737Phone:988005Certification:Robert Kevin AbernathyPrimary ORC: CS2,System Classifications: On-Site Representative(s): Related Permits: NC0044440 City of Cherryville - Cherryville WWTP Secondary Inspector(s): Primary Inspector: Inspection Date:Exit Time:Entry Time: Phone: 04/16/2019 09:45AM 03:00PM Tony Parker 704-663-1699 Facility Status: Permit Inspection Type: Reason for Inspection:Inspection Type: Not CompliantCompliant Routine Collection system management and operation Collection System Inspect Non Sampling Question Areas: Miscellaneous Questions Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting Reqmts Inspections Pump Station Manhole Lines (See attachment summary) Page 1 of 11 4/18/2019 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Inspection Summary: Numerous violations noted during this inspection: Numerous records/reports not available. Failure to clean 10% of sewer lines. Ten percent of 40 miles of gravity mains is 4 miles. 1.7 miles cleaned. ROW records not maintained. Please note all of the above noted on previous inspections. Page 2 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? What educational tools are used? 2/year mail outs for FOG and posted at City Office. Is Sewer Use Ordinance/Legal Authority available? Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? Is Septic Tank Ordinance available (as applicable, i.e. annexation) List enforcement actions by permittee, if any, in the last 12 months The Sewer Use Ordinance is available but not on site and was not evaluated. Has an acceptable Capital Improvement Plan (CIP) been implemented? Does CIP address short term needs and long term \"master plan\" concepts? Does CIP cover three to five year period? Does CIP include Goal Statement? Does CIP include description of project area? Does CIP include description of existing facilities? Does CIP include known deficiencies? Does CIP include forecasted future needs? Is CIP designated only for wastewater collection and treatment? Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments The CIP needs to be up dated and cover a 5 year period. Is system free of known points of bypass? If no, describe type of bypass and location No reportable spills since Feburary 2017. Is a 24-hour notification sign posted at ALL pump stations? # Does the sign include: Instructions for notification? Pump station identifier? 24-hour contact numbers If no, list deficient pump stations # Do ALL pump stations have an "auto polling" feature/SCADA? Number of pump stations 10 Number of pump stations that have SCADA 5 Number of pump stations that have simple telemetry 5 Number of pump stations that have only audible and visual alarms 0 Page 3 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Number of pump stations that do not meet permit requirements 0 # Does the permittee have a root control program? # If yes, date implemented? Describe: Find and cut out and also use chemical treat contract services for root control. The city has a jetter and rodding machine to get rid of roots. See above comment.Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? Are non-SCADA/telemetry equipped pump stations inspected every day? Are records available that document citizen complaints? # Do you have a system to conduct an annual observation of entire system? # Has there been an observation of remote areas in the last year? Are records available that document inspections of high-priority lines? Has there been visual inspections of high-priority lines in last six months? Any inspections that may have been conducted for the past years were not produced during the inspection. In addition Mr. Abernathy indicated these were not done due to other priorities. Reports ( blank ) inspection documents were produced but none were filled out. Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? Does supervisor review all log books on a regular basis? Does the supervisor have plans to address documented short-term problem areas? What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? Weekly inspections. Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? What is the schedule for testing emergency/standby equipment?Weekly Do pump station logs include: Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? Inspecting alarms, telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? Are maintenance records for right-of-ways available? Are right-of-ways currently accessible in the event of an emergency? Page 4 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Are system cleaning records available? Has at least 10% of system been cleaned annually? What areas are scheduled for cleaning in the next 12 months? Less than the 10% requirement was met for this review period. In additions maintenance records not available for equipment. Is a Spill Response Action Plan available? Does the plan include: 24-hour contact numbers Response time Equipment list and spare parts inventory Access to cleaning equipment Access to construction crews, contractors, and/or engineers Source of emergency funds Site sanitation and cleanup materials Post-overflow/spill assessment Is a Spill Response Action Plan available for all personnel? Is the spare parts inventory adequate? No reportable spills since 2017.Comment: Records Yes No NA NE Are adequate records of all SSOs, spills and complaints available? Are records of SSOs that are under the reportable threshold available? Do spill records indicate repeated overflows (2 or more in 12 months) at same location? If yes, is there a corrective action plan? Is a map of the system available? Does the map include: Pipe sizes Pipe materials Pipe location Flow direction Approximate pipe age Number of service taps Pump stations and capacity If no, what percent is complete?90% List any modifications and extensions that need to be added to the map Engineering is currently working on digital mapping of the entire system and the ORC indicated it was 90% complete but was not available for this report. # Does the permittee have a copy of their permit? Comment: Page 5 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? Are public notices and proof of publication available? # Is an annual report being prepared in accordance with G.S. 143-215.1C? # Is permittee compliant with all compliance schedules in the permits? If no, which one(s)? Annual Report not available. Annual Report not available.Comment: HEAVNER P/S - Lines/Right-of-Ways/Aeriel Lines Yes No NA NE Is right-of-way accessible for emergency? Is right-of-way free of sinkholes or depressions? Is line/right-of-way free of evidence of leakage? # Are there areas of exposed line? # Is any exposed line constructed of ductile iron or other approved material? Are water crossing and supports in good condition? # Is right-of-way free of non-utility motorized traffic? Is line free of visible damage? # Are there siphons in this system? If yes, are they maintained and documented? A downed tree was on aerial crossing. The tree needs to be removed.Comment: ACCAEMY ST. - Lines/Right-of-Ways/Aeriel Lines Yes No NA NE Is right-of-way accessible for emergency? Is right-of-way free of sinkholes or depressions? Is line/right-of-way free of evidence of leakage? # Are there areas of exposed line? # Is any exposed line constructed of ductile iron or other approved material? Are water crossing and supports in good condition? # Is right-of-way free of non-utility motorized traffic? Is line free of visible damage? # Are there siphons in this system? If yes, are they maintained and documented? The crossing and supports were sufficient.Comment: WAL-MART P/S - Pump Station Yes No NA NE Page 6 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Pump station type Duplex Are pump station logs available? Is it accessible in all weather conditions? # Is general housekeeping acceptable? Are all pumps present? Are all pumps operable? Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? Are floats/controls for pumps/alarms operable? Is "auto polling" feature/SCADA present? Is "auto polling" feature/SCADA operational? Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? Are audio and visual alarms operable? Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? Are air relief valves in place? Are air relief valves operable? # Is an emergency generator available? Can the emergency generator run the pumps? Is the pump station equipped for quick hook-up? Is the generator operable? # Is fuel in tank and sufficient? Is the generator inspected according to their schedule? Is a 24-hour notification sign posted? Does it include: Instructions for notification? Pump station identifier? Emergency phone number Is public access limited? Is pump station free of overflow piping? Is the pump station free of signs of overflow? Are run times comparable for multiple pumps?N/E This station needs to be evaluated and cleaned out. The wet well was completely covered in debris and the generator failed to start when tested. Comment: Page 7 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine CEDAR ST. P/S - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? Is it accessible in all weather conditions? # Is general housekeeping acceptable? Are all pumps present? Are all pumps operable? Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? Are floats/controls for pumps/alarms operable? Is "auto polling" feature/SCADA present? Is "auto polling" feature/SCADA operational? Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? Are audio and visual alarms operable? Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? Are air relief valves in place? Are air relief valves operable? # Is an emergency generator available? Can the emergency generator run the pumps? Is the pump station equipped for quick hook-up? Is the generator operable? # Is fuel in tank and sufficient? Is the generator inspected according to their schedule? Is a 24-hour notification sign posted? Does it include: Instructions for notification? Pump station identifier? Emergency phone number Is public access limited? Is pump station free of overflow piping? Is the pump station free of signs of overflow? Page 8 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Are run times comparable for multiple pumps? The audio/visual alarms did not function when the high water float was tested. This needs to be evaluated and repaired. Comment: HEAVNER P/S - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? Is it accessible in all weather conditions? # Is general housekeeping acceptable? Are all pumps present? Are all pumps operable? Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? Are floats/controls for pumps/alarms operable? Is "auto polling" feature/SCADA present? Is "auto polling" feature/SCADA operational? Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? Are audio and visual alarms operable? Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? Are air relief valves in place? Are air relief valves operable? # Is an emergency generator available? Can the emergency generator run the pumps? Is the pump station equipped for quick hook-up? Is the generator operable? # Is fuel in tank and sufficient? Is the generator inspected according to their schedule? Is a 24-hour notification sign posted? Does it include: Instructions for notification? Pump station identifier? Emergency phone number Page 9 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Is public access limited? Is pump station free of overflow piping? Is the pump station free of signs of overflow? Are run times comparable for multiple pumps? Overflow piping exists from the wet well to and adjacent non-discharge lagoon. A by-pass pump was on site, operational and on stand-by. The u/s m/h needs to cleaned and remove all debris. Comment: INFLUENT P/S - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? Is it accessible in all weather conditions? # Is general housekeeping acceptable? Are all pumps present? Are all pumps operable? Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? Are floats/controls for pumps/alarms operable? Is "auto polling" feature/SCADA present? Is "auto polling" feature/SCADA operational? Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? Are audio and visual alarms operable? Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? Are air relief valves in place? Are air relief valves operable? # Is an emergency generator available? Can the emergency generator run the pumps? Is the pump station equipped for quick hook-up? Is the generator operable? # Is fuel in tank and sufficient? Is the generator inspected according to their schedule? Is a 24-hour notification sign posted? Does it include: Page 10 of 11 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQCS00089 04/16/2019 Collection System Inspect Non Sampling City of Cherryville Routine Instructions for notification? Pump station identifier? Emergency phone number Is public access limited? Is pump station free of overflow piping? Is the pump station free of signs of overflow? Are run times comparable for multiple pumps? Overflow piping exists form the wet well to an adjacent non-discharge lagoon on site.Comment: Page 11 of 11