NOTICE OF VIOLATION - Written Reply Required

 The recent complaints filed by Friends of Hurricane Creek have resulted in a Notice of Violation, (NOV) issued by the Alabama Dep. of Environmental Management (ADEM) ((below))

Filing complaints is not the way we'd like to see things done. A business like this one applies for a permit and then ignores if must be held accountable. Polluters like this one hurt the entire state, not just the people they so callously disrespect. These are not what I'd call "Good Neighbors"

ADEM filing the NOV is a good thing under the circumstances but where the heck are the City of Tuscaloosa building inspectors? This was a city approved site disturbance and store permit. The city bears primary responsibility to curb these such incidences before it reaches these proportions. 

Jarrod Milligan, seated in a suit, 01/9/20

In Jan., 2020, A representitive of the City, Jarrod Milligan  came to the annual dinner for Friends of Hurricane Creek. My presentation that night was about the city not enforcing the permit requirements designed to stop the flow of sediment into our drainage system and streams. He promised us that night, in front of a room full of members sitting in a church that he was going to address this situation. That was 20 months ago and nothing has changed as far as I can see. 

So, if the city will not honor their obligation to enforce, we will have to rely on the state. It seems that Tuscaloosa doesn't really care about it's residents or keeping their word.

August 03, 2021 

CERTIFIED MAIL 

Michael Burk QuikTrip Corporation 925 Old Peachtree Road Lawrenceville, GA 30043

 RE: NOTICE OF VIOLATION - Written Reply Required 

NPDES Permit ALR10BHQO Facility/Site: Quik Trip #7170 Tuscaloosa County (125) Inspected 7/27/2021 

Dear Mr. Burk: 

Attached please find a report prepared as a result of an inspection conducted at the above referenced facility on July 27, 2021. 

The following deficiencies or violations noted during the inspection constitute violations of the Alabama Water Pollution Control Act Ala. Code, S$22-22-1 through 22-22-14 (2006 Rplc. Vol.), and NPDES Permit No. ALR100000. 

1. Appropriate, effective Best Management Practices (BMPs) for the control of pollutants in stormwater run-off have not been fully implemented and regularly maintained to the maximum extent practicable resulting in the potential for uncontrolled discharges of sediment, turbidity and other pollutants to a water of the State of Alabama. (Permit Part III. A.) 

2. Accumulation of sediment was observed offsite downgradient of stormwater discharge outlets at the facility. (Permit Part III. A. 7.) 

3. The facility identification was not displayed. (Permit Part IV. T.) 

4. Precipitation measurement device was not observed. (Permit Part III. K) 

Please be advised that effective erosion control measures, sediment control measures, and other site pollution management practices are required to be designed, implemented, and continually maintained consistent with the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas (http://conservealabama.gov/resources/erosion-and-sediment) to prevent/minimize pollution discharges to the maximum extent practicable from a 2-year, 24-hour precipitation event. (Permit Part III. A. 14(b) and Part V.) 

Quik Trip Corporation August 3, 2021 Page 2 of 2 

In addition, BMPs are required to be implemented to control pollutant discharges resulting from the volume of normally expected or predicted precipitation for the time period that the disturbance is planned or is ongoing for the duration of the project. (Permit Part V.) 

Upon receipt of this letter all necessary measures should immediately be implemented to prevent/minimize sediment and other pollutants from leaving the site or associated areas. 

Not later than ten (10) days from the receipt of this letter, the owner/operator is required to submit the following to the ADEM's Field Operations Division, Attn: Evan Roberts at Birmingham Branch, 110 Vulcan Road, Birmingham, AL 35209: 

1. A written report, prepared and certified by a QCP (as defined in Permit Part V.) 

describing the steps taken to correct the violations noted above. The report shall include supporting documentation such as photographs of completed/repaired/enhanced BMPs and any other data necessary to support the QCP's certification that full compliance with the requirements of the permit has been achieved at the Facility. (Permit Part III. H. and Part III. I.)

2.A detailed sediment loss analysis and plan for the removal, remediation, and/or mitigation of any sediment and/or other pollutants from the Facility deposited offsite and/or in State waters, wetlands, and/or other waters, to include a schedule of compliance and calculations/estimates of sediment lost from each discharge point. (Permit Part III. I. 3.) 

Failure to submit the document(s) required by this notice is a violation of Water Pollution Control Act, Ala. Code. $22-22-9(e) (2006 Rplc. Vol.) for which civil penalties or criminal fines may be imposed. 

The determination to pursue further enforcement action will be dependent on the timeliness and content of your response to this letter, including but not limited to documentation of site corrective actions implemented. 

If you have any questions concerning this matter, please contact Evan Roberts

 Sincerely Anthony Hughes Scott,Chief

Field Operations, ADEM

File # ENOV/54312