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
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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
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