5/31/12, the telemetry device fails to provide consistent notifications in an emergency. This is a violation of Part III.B.1.of the permit.

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1 June 6, 2012 Ms. Michele Baker, CFO Josie Company, LLC I-30W Benton, AR AFIN: NPDES Permit No.: AR Dear Ms. Baker: On May 31, 2012; Dennis Benson and I performed a reconnaissance inspection of the waste water treatment facility in response to a complaint in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. The complaint alleged that the lift station was overflowing at the facility. The inspection revealed the following violations: 1) Corrosion (rust) was observed on the structural components of the wastewater treatment facility. Part III.B.1.of the permit requires: the permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. 2) There was no staff gauge installed at the weir structure to ensure an accurate flow measurement. The present method for measuring flow is not adequate for reporting an accurate flow measurement. This is a violation of Part III.C.2. of the permit. 3) The overflow weirs on the clarifier have an accumulation of solids; grease accumulation was observed within the lift station; and emergency contact information is not posted at the facility gate. This is a violation of Part III.B.1. of the permit. 4) Per the licensed operator (Joshua Hall) present on site during the inspection on 5/31/12, the telemetry device fails to provide consistent notifications in an emergency. This is a violation of Part III.B.1.of the permit. 5) Per the licensed operator (Joshua Hall) present on site during the inspection on 5/31/12, an overflow occurred at the lift station on May 27, This overflow was not reported to the Department. This is a violation of Part III.D.6 of the permit.

2 Page 2 6) Slime/solids were observed in the receiving water near the outfall. This is a repeat violation. Per Part 1, Permit Requirements, Section A: Effluent Limitations and Monitoring Requirements for NPDES Permit No. AR : there shall be no discharge of distinctly visible solids, scum, or foam of a persistent nature, nor there shall there be any formation of slime, bottom deposits, or sludge banks. 7) On 5/24/12, ADEQ attempted to make telephone contact with the designated facility contact (Mike Baker) at (phone number no longer in use) and for the purposes of obtaining access to conduct an inspection. Subsequently, a voice mail message was left at A response was not received. On 5/29/12, telephone contact was made with an individual (Darren Baker) who is not the designated facility contact at a phone number provided by a third party. Part III.C.9.d of the permit requires the permittee allow the Director, or authorized representative: sample, inspect, or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. The aforementioned items require your immediate attention. Based upon the inspection findings, this matter has been referred to the Enforcement Branch of the Water. If you have questions, or if I can be of assistance, please contact me at parkerr@adeq.state.ar.us or (501) Sincerely, Risa Parker District 9 Field Inspector Water cc: Water Permits Branch Water Enforcement Branch NPDES Report Page 2

3 Form Approved OMB No UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C NPDES Compliance Inspection Report Section A: National Data System Coding Transaction Code NPDES Yr/Mo/Day Inspec. Type Inspector Fac. Type 1 N A R R 19 S 20 2 Remarks A F I N S A L I N E C O U N T Y Inspection Work Days Facility Evaluation Rating BI QA Reserved N 71 N 72 N Section B: Facility Data Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Josie Company, LLC Magnolia Glen Alexander, AR Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Darren Baker, SBDI Builders, Entry Time/Date 12:30 pm / 5/31/12 Exit Time/Date 1:45 pm/ 5/31/12 Name, Address of Responsible Official/Title/Phone and Fax Number Michele Baker Contacted Josie Company, LLC Yes No I-30W Benton, AR / Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) Permit Effective Date October 1, 2009 Permit Expiration Date September 30, 2014 Other Facility Data Attempted phone contact with Mike Baker and/or Michele Baker at or ; phone contact not obtained. PDS # S Permit N Flow Measurement U Operations & Maintenance N Sampling N Records/Reports N Self-Monitoring Program N Sludge Handling/Disposal N Pollution Prevention U Facility Site Review N Compliance Schedules N Pretreatment N Multimedia U Effluent/Receiving Waters N Laboratory N Storm Water N Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) Reconnaissance inspections were conducted on 5/24/12 and 5/29/12; however, access to the locked facility was not obtained. Subsequently, a follow up inspection was conducted on 5/31/12 with facility representatives Darren Baker and Joshua Hall (Class 1 operator) present at the time of inspection. Please refer to NPDES Report Page 4 for a summary of findings/comments. Name(s) and Signature(s) of Inspector(s) Risa Parker/ Agency/Office/Telephone/Fax AR Dept. of Environmental Quality, North Little Rock, AR Phone/ Fax Date June 4, 2012 Signature of Reviewer Agency/Office/Phone and Fax Numbers Date NPDES Report Page 3

4 NPDES Compliance Inspection Report Further Explanation 1) Corrosion (rust) was observed on the structural components of the wastewater treatment facility. Part III.B.1 of the permit requires: the permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. 2) There was no staff gauge installed at the weir structure to ensure an accurate flow measurement. The present method for measuring flow is not adequate for reporting an accurate flow measurement. This is a violation of Part III.C.2. of the permit. 3) The overflow weirs on the clarifier have an accumulation of solids; grease accumulation was observed within the lift station; and emergency contact information is not posted at the facility gate. This is a violation of Part III.B.1. of the permit. 4) Per the operator, the telemetry device fails to provide consistent notifications in an emergency. This is a violation of Part III.B.1. of the permit. 5) Per the operator, an overflow occurred at the lift station on May 27, This overflow was not reported to the Department. This is a violation of Part III.D.6 of the permit. 6) Slime/solids were observed in the receiving water near the outfall. This is a repeat violation. Per Part 1, Permit Requirements, Section A: Effluent Limitations and Monitoring Requirements for NPDES Permit No. AR : there shall be no discharge of distinctly visible solids, scum, or foam of a persistent nature, nor there shall there be any formation of slime, bottom deposits, or sludge banks. 7) On 5/24/12, ADEQ attempted to make telephone contact with the designated facility contact (Mike Baker) at (phone number no longer in use) and for the purposes of obtaining access to conduct an inspection. Subsequently, a voice mail message was left at A response was not received. On 5/29/12, telephone contact was made with an individual (Darren Baker) who is not the designated facility contact at a phone number provided by a third party. Part III.C.9.d of the permit requires the permittee allow the Director, or authorized representative: sample, inspect, or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. NPDES Report Page 4

5 Location: Water NPDES Photographic Evidence Sheet Risa Parker, ADEQ Water Dennis Benson, ADEQ Water Photo # 1 Of 6 Date: 5/31/12 Time: 12:47 pm Grease accumulation within lift station. Risa Parker, ADEQ Water Dennis Benson, ADEQ Water Photo # 2 Of 6 Date: 5/31/12 Time: 12:43 pm Corrosion on structural components of plant. NPDES Report Page 5

6 Location: Water NPDES Photographic Evidence Sheet Risa Parker, ADEQ Water Photo # 3 Of 6 Date: 5/31/12 Time: 12:39 pm Corrosion on structural components of plant. Risa Parker, ADEQ Water Photo # 4 Of 6 Date: 5/31/12 Time: 12:53 pm Slime/solids in receiving water for wastewater treatment plant. NPDES Report Page 6

7 Location: Water NPDES Photographic Evidence Sheet Risa Parker, ADEQ Water Photo # 5 Of 6 Date: 5/31/12 Time: 12:40 pm Weir outfall structure; a staff gauge is not being utilized to measure flow. Risa Parker, ADEQ Water Photo # 6 Of 6 Date: 5/31/12 Time: 12:42 pm The overflow weir on the clarifier has an accumulation of solids. NPDES Report Page 7