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HomeMy WebLinkAbout12727 003964 101 02-02-2021 NOVINP SLA INSPECTION NOTICE OF VIOLATION 65374.97 LANCER.LEFLEUR ®E IV Er DIRECTOR GOVEovE RNOR 11 Alabama Department of Environmental Management adem.slabamagov, 1400 Coliseum Blvd.3611&2400 • Posr ONlceeor301463 Montgomemmatema 36UD-1463 FEB 0 2 2021 (334)271a700 a FAM33,4271-7950 CERTIFIED MAIL 9489 0090 0027 6294 8980 22 Ben McNeill McNeill Family Partners LP P OBox 11 Montgomery;AL 36101 Dear Mr.McNeill: RE: NOTICE OF VIOLATION United Food and Fuel#14 1192 West Blvd. Montgomery,Montgomery County,Alabama Facility ID Number- 12899-101-003964 003964-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-.10,ADEM Administrative Code Rule 335fi-15-.18,and ADEM Administrative Code Rule 335-6-15-.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-.10(b)(1)states that all cathodic protection systems must be tested within 1 month of installation and at least every 3 years thereafter. The Department records indicate that the ownerhas failed to have the cathodic protection system inspected for proper operation by a qualified cathodic protection tester within 1 month of installation and at least every 3 years thereafter,in violation of ADEM Administrative Code Rule 335-6-15-.10(b)(1). 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 Code 335fi-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 3356-15-.09. ADEM Administrative Code Rule 335-6-15-.14 (I)c requires that owners and operators of underground storage tank systems conduct=usl tests of the release detection equipment such that the operation and abmlo�bm aiemb Dee2WIBmnN 14111 I 116110M."In MablleCoastal Ilawlwnaad 2r13SaminR J.S.W. }. 2204 PedmeW RaaE 3664 DaupbWSMeLSwtea alm&neum,AL 3520947W Deratm,Al 35603-1333 5 Mod1e,AL 3861S7131 M'"19 Seam (2a619926368 (256)assim3 ,.� t251145P340D (251)3D41L76 (2a5)941-I6D3lFA)0 (256)3469359(FAq 125134r92593(FAp (252330liduol6na 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 systems probes and the automatic tank gauge console in violation of ADEM Administrative Code Rule 335-6-15-.14(1)c. 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),a corrosion protection test,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 test 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 ownerstoperators 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.eov/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 mh@adem.alabama.gov. Sincerely, /���+ sy / �` _ _ _ Stephen A.Cobb,Chief Land Division SACNHC(LAH/CAH/sa USPS.com®-USPS Tracking®Results Page 1 of 2 USPS Tracking® FAQs > Track Another Package + Tracking Number. 9489009000276294898022 Remove x Your item was delivered at 10:33 am on February 6, 2021 in MONTGOMERY, AL 36104. iV Delivered a February 8,2021 at 10:33 am' � Delivered MONTGOMERY,AL 36104 Get Updates Tent & Email Updates Tracking History Product Information u See Less https://tools.usps.com/go/TrackConfimiAction7tRef--Mpage&tLc=2&text28777=&tLabe... 2/17/2021