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HomeMy WebLinkAboutWT002614_NOV Karpen Steel_20181204ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director December 4, 2018 CERTIFIED MAIL: 7017 2620 0000 9759 0256 RETURN RECEIPT REQUESTED Karpen Steel, LLC Karpen Steel, LLC Attention: Eric Henken, President Attention: Eric Henken, President Post Office Box 67 181 Reems Creek Road, Suite 1 Weaverville, North Carolina 28787 Weaverville, North Carolina 28787 Subject: NOTICE OF VIOLATION (NOV-2018-PC-0457) Site Number: WT002614 Karpen Steel Buncombe County Dear Mr. Henken: On November 2, 2018, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 181 Reems Creek Reed in Weaverville, Buncombe County, North Carolina. The site visit and file review revealed that Karpen Steel has neither applied for, nor obtained coverage under, an NPDES General Permit No. NCG030000 (Metal Fabrication) for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to Reems Creek (C;Tr). An NPDES permit or No Exposure Certification is required to discharge stormwater to waters of the state in accordance with G.S. 143-215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC) 2H .0126. Enclosed with the inspection report is a copy of Notice of Intent (NOI) and a No Exposure Certification Application (NEC), that shall be filled out and submitted to the Department of Environmental Quality within 30 calendar days of receipt of this Notice. Submission information can be found in the NOI. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Your efforts to undertake activities to bring the subject site into compliance are not an admission, rather they are actions that must be taken in order to begin to resolve ongoing environmental issues. The timeliness with which you submit an NOI or NEC Application, the degree and extent of harm to the environment, and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-4500. Haa�ry cuva/ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Sincerely, i Stanley E. Aiken, cA Regional Engineer Land Quality Section Enclosure: Notice of Intent No Exposure Certification Application ec: Alaina Morman, Environmental Specialist Alaina morman&Dcdenr.eov Stanley E. Aiken- Regional Engineer stan.aiken(2ncdenr.gov pwara cu�auw. ��" oew�mnr.�nAommuium� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Division of Energy, Mineral and Land Resources Land Quality Section National Pollutant Discharge Elimination System Environmental NCG030000 Quality NOTICE OF INTENT FOR AGENCY USE ONLY Date Received Year Month Da Certificate of Covera NCG03 Check N Amowt Peraut Assigned to National Pollutant Discharge Elimination System application for coverage under General Permit NCG030000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) 335 Rolling, Drawing, and Extruding of Nonferrous Metals SIC 3398 Metal Heat Treating SIC 34 Fabricated Metal Products SIC 35 Industrial and Commercial Machinery SIC 36 Electronic and Other Electrical Equipment SIC 37 Transportation Equipment SIC 38 Measuring, Analyzing, and Controlling Instruments For questions, please contact the DEMLR Regional Office for your area. See page 4. (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Name Street Address City State ZIP Code Telephone No. Fax: 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. Email 3) Physical Location Information: State ZIP Code Fax: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). (A copy of a county map or USGS quad sheet with the facility clearly located must be submitted with this application.) 4) Latitude Longitude (deg, min, sec) 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin ❑ Existing Page 1 of 4 SWU-218-071408 Last revised 7/2/14 NCG030000 N.O.I. 6) Standard Industrial Classification: Provide the 4-digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility. SIC Code: 7) Provide a brief narrative description of the types of industrial activities and products manufactured at this facility: 8) Discharge points / Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater discharqes end up in? Receiving water classification: Is this a 303(d) listed stream? Has a TMDL been approved for this watershed? the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). List discharge points (outfalls) that convey discharge from the site (both on -site and off -site) and location coordinates. Attach additional sheets if necessary, or note that this information is specified on the site plan. Stormwater Outfall No Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W Stormwater Outfall No. Latitude (degrees/minutes/seconds): N Longitude (degrees/minutes/seconds): W 9) Does this facility have any other NPDES permits? ❑ No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: If Page 2 of 4 SWU-218-071408 Last revised 7/2114 NCG030000 N.O.I. 10) Does this facility have any Non -Discharge permits (ex: recycle permit)? ❑ No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑ No ❑ Yes (Show any structural BMPs on the site diagram.) If yes, please briefly describe: 12) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? ❑ No ❑ Yes 14) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ❑ No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ❑ No ❑ Yes d) Is hazardous waste stored in the 100-year flood plain? ❑ No ❑ Yes If yes, include information to demonstrate protection from flooding. e) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: _ Vendor address: 15) Certification: North Carolina General Statute 143-215.613 (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document fled or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be Page 3 of 4 SW U-218-071408 Last revised 7IV14 NCG030000 N.O.I. operated or maintained under this Article or rules of the Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: (Signature of Applicant) (Date Signed) This Notice of Intent must be accompanied by a check or money order for $100.00, made payable to: NCDEQ Page 4 of 4 SWU-218-071408 Last revised 712114 NCG030000 N.O.I. Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for $100 made payable to NCDEQ. ❑ This completed application and all supporting documents. ❑ A site diagram showing, at a minimum, (existing or proposed): (a) outline of drainage areas, (b) stormwater management structures, (c) location of stormwater outfalls corresponding to the drainage areas, (d) runoff conveyance features, (e) areas where materials are stored, (f) impervious areas, (g) site property lines. ❑ Copy of county map or USGS quad sheet with the location of the facility clearly marked on the map. Mail the entire package to: DEMLR - Stormwater Program Dept. of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Note The submission of this document does not guarantee coverage under the General Permit. For questions, please contact the DEMLR Regional Office for your area. DEMLR Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 5 of 4 S W U-218-071408 Last revised 7/2114 Division of Energy, Mineral and Land Resources Land Quality Section National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion Environmental QualityNCGNE0000 FOR AGENCY USE ONLY Date Received Year Month Day Certificate of Coverage NCGNE National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certification constitutes notification that your facility does not require a permit for stormwater discharges associated with industrial activity in the State of North Carolina because it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to prevent exposure to rain, snow, snowmelt, and/or runoff. For permitted facilities in North Carolina, DEMLR must approve your application for No Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must continue to abide by the terms and conditions of the current permit. Industrial materials or activities include, but are not limited to: material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained vehicles used in material handling; and final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). If approved, your conditional No Exposure Exclusion has no expiration date BUT MUST BE self re -certified at least annually. Please look for information about re -certification under the No Exposure section on this page: https://deg. nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-perm its/stormwater- For questions, please contact the DEMLR Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed): Name Contact Street Address City Telephone No. State ZIP Code Fax: Page 1 of 7 ctnn i_nirr-r.ic i ..r —"imA Q/9AOMA NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. 3) Physical location information: State ZIP Code Fax: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands?® Yes ® No 5) Is this a Federal facility? ® Yes B No 6) Latitude Longitude (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: 13 New or Proposed Facility Date operation is to begin ® Existing Date operation began ® Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? ® Yes ® No If yes, what is the NPDES Permit Number? 9) Standard Industrial Classification: Provide the 4-digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 10) Provide a brief description of the types of industrial activities and products produced at this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No 0 Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 9\All i_nirrtic amignia