RE: Complaint Investigation at the Tankersley Food Warehouse

Transcription

1 July 24, 2009 Mr. Thomas Moon, Vice President of Operations Tankersley Food Service 3203 Industrial Park Road Van Buren, AR RE: Complaint Investigation at the Tankersley Food Warehouse Dear Mr. Moon: On July 21, 2009, I performed an investigation at the above referenced site in response to a complaint. The complaint alleges that at times a discharge occurs due to your trailer wash out operation. The complainant stated that this discharge was flowing into a nearby creek. This inspection was performed in accordance with the Arkansas Water and Air Pollution Control Act, the federal Clean Water Act and the regulations promulgated thereunder. The inspection revealed the following information: During the site assessment, Mr. Brian Howard confirmed that food trailers were washed out on a weekly basis by an outside contractor. He advised that he was unaware of what procedures were utilized in the cleaning process. It is apparent that any potential discharge from the trailer wash area will enter the waters of the State via a newly constructed drainage ditch which is located immediately down slope from your lot. This discharge may require an NPDES Permit from the Arkansas Department of Environmental Quality. The above item requires your immediate attention. Please submit a written response to this finding to Cindy Garner, Water Division Enforcement Branch Manager. The response should be mailed to the address below. In your response, please provide the procedures that your contractor utilizes in the wash out process, including a list of all chemicals/cleaners that are used. This information will be reviewed by our Department and a decision will be made in regard to requiring a permit. The written response is due by August 10, 2009.

2 Moon, Tankersley July 24, 2009 Page 2 If I can be of any assistance, please contact me at ext. 11 Sincerely, Jeff Tyler District 4 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch Complaint Report Page 2

3 ADEQ Water Div. Complaint Investigation AFIN: NA Permit #: NA Water Division Photographic Evidence Sheet Location: Tankersley Food Service-Crawford County Photographer: Jeff Tyler Witness: None Photo # 1 Of 4 Date: Time: 1045 Description: Area were trailers are parked and location where washing process takes place. Photographer: Jeff Tyler Witness: None Photo # 2 Of 4 Date: Time: 1045 Description: Drainage channel for storm water and potential discharge from trailer wash out. Complaint Report Page 3

4 ADEQ Water Div. Complaint Investigation AFIN: NA Permit #: NA Water Division Photographic Evidence Sheet Location: Tankersley Food Service-Crawford County Photographer: Jeff Tyler Witness: None Photo # 3 Of 4 Date: Time: 1045 Description: Outfall from parking lot with storm water discharging to the new drainage ditch. Photographer: Jeff Tyler Witness: None Photo # 4 Of 4 Date: Time: 1046 Description: Newly constructed drainage ditch which apparently is located on the adjacent property owner. Complaint Report Page 4

5 ADEQ Water Div. Complaint Investigation AFIN: NA Permit #: NA WATER DIVISION COMPLAINT REPORT GPS LOCATION: AFIN: NA N W PERMIT#: NA DATE RECEIVED: July 9, 2009 COUNTY: Crawford COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: Tankersley Food Service ADDRESS: NA ADDRESS: 3203 Industrial Park Road-Van Buren PHONE: NA PHONE: TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: Jeff Tyler INSPECTOR REFERRAL: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: DATE: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET DETAILED DESCRIPTION Complainant stated that the facility routinely wash out food trailers and the discharge flows from their property to an adjacent land owner and then to a creek. He also advised that a ditch had recently been constructed which allows the discharge and storm water to flow off site more freely. LOCATION Industrial Park in Van Buren PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM: Unnamed tributary INVESTIGATION INSPECTOR: DATE: Jeff Tyler July 21, 2009 ACTION TAKEN: On-site Investigation PHOTOS TAKEN: YES NO On July 9, 2009, contact was made with Thomas Moon, Vice-President of Operations for Tankersley. I informed him of the complaint and stated that I would be performing an investigation. He confirmed that trailers were washed out on the lot and a ditch had been dug to help promote drainage off of the parking lot. I advised that after the investigation, a decision would be needed in regard to whether a permit would be required from our Department. On July 21, 2009, the investigation was conducted. Mr. Moon was not available, therefore I met with Brian Howard, Warehouse Supervisor. He stated that the trailers were washed on a weekly basis by an outside contractor, he was not aware of what chemicals if any that the contractor was using in the process. At the time of inspection there was a discharge of storm water due to overnight rains, which was flowing off the site into the newly constructed ditch. I advised Mr. Howard that a discharge permit may be needed based on what substances the contractor utilized in the washing out the trailers. FURTHER ACTION: Letter will be sent to Tankersley Food Service and the report to the Enforcement Branch. SIGNATURE: Jeff Tyler DATE: July 24, 2009 Complaint Report Page 5

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15 September 18, 2009 Thomas Moon Tankersley Food Service 3203 Industrial Park Road Van Buren, AR RE: AFIN: , Response to Investigation Dear Mr. Moon: The Department has received your August 6, 2009 response to the July 21, 2009 investigation of your facility by our District Field Inspector, Jeff Tyler. Your letter appears to adequately address the discrepancies identified during the visit, but to operate any truck wash you are required to have a permit. Please contact Kim Fuller, P.E. at (501) to obtain the information needed for permit compliance. The Department assumes the corrective actions taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the investigation and response on file. If future violations occur that require enforcement action, the Department will consider the investigation and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your company and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at blaket@adeq.state.ar.us. Sincerely, Tracey Blake Enforcement Analyst Water Division