HomeMy WebLinkAbout16276 015113 101 02-02-2021 NOVINP SLA INSPECTION NOTICE OF VIOLATION 63124.35 LANCE R.LEFLEIIR IIAY IYElr
DIRECTOR GOVERNOR
Alabama Departmental Environmental Management
adem.alabama.gov,
14000oliseum BN0.3 6110-240 0 . Post Office Box 301463
Mantgomeq,,Alabama 361303A63
FEB 0 2 2021 (334)271-7700 . FAX(334)271-7950
CERTIFIED MAIL 9489 0090 0027 6294 8983 67
Ben McNeill
McNeill Family Partners LP
PO Box 11
Montgomery,AL 36101
Dear Mr. McNeill:
RE: NOTICE OF VIOLATION
United Food and Fuel#11
3801 Day St.
Montgomery, Montgomery County,Alabama
Facility ID Number- 12899-101-015113
015113 - NOVINP
Based on a November 4, 2020 inspection by Department personnel, it has been determined that
the subject facility is in violation of ADEM Administrative Code Rule 335-6-15-.09, ADEM
Administrative Code Rule 335-6-15-.18, and ADEM Administrative Code Rule 335-6-16-.14.
ADEM Administrative Code Rule 335-6-15-.09(1)(a)3 requires owners of underground storage
tank systems to repair or replace spill catchment basins that fail the catchment basin tests. Based
on the Department records the spill catchment basins that fail to meet test requirements have not
been properly repaired or replaced in violation of ADEM Administrative Code Rule 335-6-15-
.09(1)(a)3.
ADEM Administrative Code Rule 335-6-15-.18(a) states that owners of UST systems equipped
with automatic line leak detectors must conduct annual tests of the operation of the automatic line
leak detectors in accordance with the manufacturer's requirements. The Department records
indicate that the owner has failed to conduct annual tests of the automatic line leak detectors, in
violation of ADEM Administrative Code Rule 335-6-15-.18(a).
ADEM Administrative Cade 335-6-15-.09 requires overfill prevention equipment to be inspected
not later than December 8, 2020 and at least once every three years thereafter. The owner has
failed to submit documentation of overfill device inspections in violation of ADEM Administrative
Code 335-6-15-.09.
ADEM Administrative Code Rule 335-6-15-.14 (i)c requires that owners and operators of
underground storage tank systems conduct annual tests of the release detection equipment such
that the operation and maintenance of all components is in accordance with the manufacturer's
instructions, a code of practice developed by a nationally recognized association or independent
testing laboratory. The Department records indicate that the owner has failed to test the system's
probes and the automatic tank gauge console In violation of ADEM Administrative Code Rule
335-6-15-.14(1)c.
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' ADEM Administrative Code Rule 335-6-15-.13 states that owners of UST systems must
cooperate fully with inspections, monitoring and testing conducted by the Department as well as
requests for document submission, and testing and monitoring performed by the owner or
operator at the request of the Department.
A Notice of Delinquency/Deficiency (NOD) was mailed to you dated November 30, 2020. A
complete response to the NOD was not received by the Department that addresses these
violations.
Within thirty (30) days of the date of receipt of this letter, verification that the failed catchment
basin has been repaired or replaced (ADEM Form 20), leak detector tests (ADEM Form 566),
documentation of overfill device inspections (ADEM Form 559), and system's annual probe and
the automatic tank gauge console lest results (ADEM Form 565) should be submitted to the
Department. Due to the above noted non-compliance, this facility may be considered
ineligible for coverage under the Alabama Underground Storage Tank Trust Fund should
a release of contaminants occur.
The violations should be corrected within the time limit set above. Be advised that the Department
retains the option to take further action including the imposition of monetary penalties for the
noted violations, as well as the failure to comply with this notice. Failure to respond to this
notice may also result in this facility being prohibited from receiving delivery of product.
Please be aware the December 8, 2017 ADEM UST regulation revision included a requirement
for owners/operators to provide the Department with a valid email address. Your email address
will be utilized to provide testing reminders and other helpful notifications. Please note that owners
and operators should register and confirm your email address even if you have previously
provided it to the Department. Please visit www.adem.alabama.00v/custard and follow the
instructions to register and confirm your email address.
If you have any questions regarding this notice please feel free to contact Craig Hodes at(334)
271.7912 or email him at cah@adem.alabama.gov.
Sincerely,
Stephen Stephen A. Cobb, Chief
Land Division
SACNHC/tAHICAH/sa
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