NCS000562_NOV-2019-PC-0405_20190620

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
June 20, 2019
CERTIFIED MAIL: 70171070 0000 17761883
RETURN RECEIPT REQUESTED
American Zinc Products, LLC
Attn: Robert D. Williamson, General Manager
484 Hicks Grove Road
Mooresboro, North Carolina 28114
CERTIFIED MAIL: 70171070 0000 1776 1890
RETURN RECEIPT REQUESTED
American Zinc Products, LLC
Attn: Timothy R. Basilone, Vice President - Environmental Affairs
4955 Steubenville Pike, Suite 405
Pittsburgh, Pennsylvania 15205
CERTIFIED MAIL: 70171070 0000 1776 1906
American Zinc Products, LLC
Attn: Timothy R. Basilone, Vice President - Environmental Affairs
484 Hicks Grove Road
Mooresboro, North Carolina 28114
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0405) and
RECOMMENDATION FOR ENFORCEMENT
American Zinc Products, LLC
NPDES Individual Stormwater Permit NCS000562
Rutherford County, North Carolina
D_E Q 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
828.296AS00

Notice of Violations
American Zinc Products, LLC
Page 2 of 4
Dear Mr. Basilone:
The subject facility is covered by NPDES Individual Stormwater Permit NCS000562. Permit
coverage authorizes the discharge of stormwater from the facility to receiving waters
designated as the Broad River, a Class C waterbody in the Broad River Basin.
On May 11, 2019, Isaiah Reed and Stan Aiken from the Asheville Regional Office of the
Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for
the American Zinc Products, LLC facility located at 484 Hicks Grove Road, in Rutherford
County, North Carolina. The inspection was conducted in response to a report made by Ms.
Aili Spearman to the Department of Environmental Quality, that a release had occurred on
site. Copies of the Compliance Inspection Reports are enclosed for your review. Aili
Spearman and Jaykobi Cochrane representing American Zinc Products were also present
during the inspection.
An additional, follow-up inspection was conducted by Isaiah Reed on May 13, 2019 to
document changes made at the facility.
As a result of the site inspections, the following permit condition violations are noted:
1) Part III. Section C-3: Bypassing of stormwater control facilities
On May 11, 2019 at 3:30 PM, the permittee authorized and initiated an avoidable discharge
of pollutants into the Broad River for an estimated period of 2 hours between 3:30 PM and
5:30 PM. The discharge occurred via a drain valve located at the outlet structure of the
stormwater basin (Basin 1) located at the north end of the subject facility, immediately
south of the Broad River. This discharge was initiated against requirements outlined in an
email from the Regional Engineer at the Asheville Regional Office on May 3, 2019. (see
attachment)
2) Part III. Section C-3: Bypassing of stormwater control facilities
During the inspection on May 111h, 2019 at 8:30 PM, continued discharge from the outlet
structure was observed. The discharge, which was observed at an estimated rate of 18
gallons per minute, continued until Sunday, May 12, 2019 until 3:00 AM, as reported by
facility personnel on May 13, 2019 during the follow up inspection. The additional release
lasted for an estimated 9.5 hours between 5:30 PM and 3:00 AM after the reported release.
3) Part III. Section E-6: Failure to provide advanced notice to the Director of
anticipated noncompliance
Notification was provided to the department on May 11, 2019 at 4:00 PM, according to
facility personnel, after the release was initiated at 3:30 PM.

Notice of Violations
American Zinc Products, LLC
Page 3 of 4
4) Part III. Section C-1: Failure to properly operate and maintain all facilities and
systems of treatment and control
On May 11, 2019, facility personnel did not utilize and properly operate all stormwater
facilities to achieve compliance with the conditions of the permit. According to the
permittee, a visible freeboard estimated to be 3-3.5 feet was available for additional
storage at the time of discharge.
5) Part Il. Section A-2 and Part 1, Section B: Release of Non-stormwater discharge
that contributed to violations of Water Quay Standards
On May 11, 2019, the permittee authorized and initiated a discharge of pollutants into the
Broad River, which contribute to a violation of water quality standards in the Broad River.
6) Part Ill. Section A-8: Failure to provide information
On May 3, 2019, facility personnel were informed that additional monitoring parameters
and reporting are required in response to events at the facility. Monitoring has not been
conducted in accordance with requirements from the Regional Engineer at the Asheville
Regional Office.
Required Response:
You are directed to respond to this office, in writing, within 30 calendar days from receipt
of this notice. Your written response shall include, at a minimum:
1)
9
a. A detailed explanation for the method used to determine:
i. that the valve needed to be opened, and
ii. that the use of available storage volume in the basin would result in damage to
the dam.
b. An explanation as to why the prolonged release occurred from the outfall of Basin 1,
and why the continued discharge observed on May 11, 2019 was not discovered by
AZR personnel.
c. An explanation as to why the access road to the Basin 1 failed, resulting in
discontinuation of pump/haul efforts.
d. An explanation for exceedances of benchmark values for permit parameters before
and after the avoidable discharge.
a.
to remove contaminated
water from Basin 1.
b. Efforts to neutralize contaminated water and location of application.
c. Design, location, and effectiveness of measures implemented to isolate
stormwater flow to Basin 1.
d. Maintenance efforts related to access road for Basin 1.

Notice of Violations
American Zinc Products, LLC
Page 4 of 4
3)
4) An engineered Plan of Action to prevent these violations from recurring in the
future.
5) An implementable action plan to evaluate, quantify and address the long and
short-term effects of the aforementioned violations.
6) A reasonable timetable for completion of all actions to be taken in response to the
aforementioned violations.
Thank you for your attention to this matter. Your above -mentioned response to this
correspondence will be considered in any enforcement proceedings. 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. Should you have any questions regarding these matters, please contact
Isaiah Reed or Stan Aiken at [phone].
Sincerely,
Stanley E. Aike GA
Regional Engineer
Land Quality Section
Enclosure:
Inspection Report
Copy of May 3, 2019 email
cc: Danny Smith, Director dm"[e-mail]
Toby Vinson, Section Chief toby.vinsonng,ncdenr.gov
Matt Gantt, Chief Engineer matt.ganttkncdenr.gov
Annette Lucas, Stormwater Program Supervisor annette.lucasgncdeur.gov
Bethany Georgoulias, Environmental Engineer [e-mail]
Alaina Morman, Environmental Specialist alaina.mormannncdenr.gov
Suzanne McCoy, Stormwater Program Administrative Specialist [e-mail]
Isaiah Reed, Environmental Specialist isaiah.reedQncdenr.gov
Landon Davidson, Regional Supervisor landon.davidson(j�ncdenngov

Compliance Inspection Report
Permit: NCS000562 Effective: 04/30/18 Expiration: 04/30/23 Owner: American Zinc Products LLC
SOC: Effective: Expiration: Facility: American Zinc Products, LLC
County: Rutherford 484 Hicks Grove Rd
Region: Asheville
Mooresbaro NC 28114
Contact Person: James D Harris Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/13/2019
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Entry Time: 03:30PM
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ storm water
(See attachment summary)
Certification:
Phone:
Exit Time: 04:30PM
Phone: [phone]
Inspection Type: Spill/Emergency Response
Page 1 of 3

Permit: NCS000562 Owner • Facility: American Zinc Products LLC
Inspection Date: 05/13/2019 Inspection Type: Spill/Emergency Response Reason for Visit: Routine
Inspection Summary:
On May 13, 20191 visited the American Zinc Products facility to follow up on the condition and status of the discharge pipe
at the stormwater basin located at the far north end of the facility. I met with Aili Spearman on site. The following items were
noted:
According to Ms. Spearman, the valve was repaired at —3 am on May 12, 2019. In order to repair it, the valve was first
opened and then allowed to discharge for 5 minutes. Then accumulated vegetative debris was removed from the gate area.
The valve then broke while closing it back. Modifications were made to the valve and it was closed at the time of the
inspection. I did observe a small flow coming from the valve. —2 gallons per minute.
As we were traveling to and from the basin, 1 was able to locate 2 manholes in the road. One manhole was labeled "storm'
on the cover. I informed Ms. Spearman that she will be expected to monitor the flow at that manhole during the next rain
event to confirm that the constructed blockage located above it is functioning as intended.
Road repair was ongoing during the inspection.
Ms. Spearman said that they are exploring the possibility of pumping stormwater from the basin all the way back to the lined
basins adjacent to the facility.
Page 2 of 3

Permit: NCS000562 Owner • Facility:American Zinc Products LLC
Inspection Date: 05/13/2019 Inspection Type : Spill/Emergency Response Reason for Visit: Routine
Page 3 of 3

Compliance Inspection Report
Permit: NCS000562 Effective: 04/30/18 Expiration: 04/30/23 Owner: American Zinc Products LLC
SOC: Effective: Expiration: Facility: American Zinc Products, LLC
County: Rutherford
484 Hicks Grove Rd
Region: Asheville
Mooresboro NC 28114
Contact Person: James D Harris Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/1112019
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Entry Time: 08:30PM
Daniel J Boss
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: ❑ Compliant M Not Compliant
Question Areas:
Storm water
(See attachment summary)
Certification:
Phone:
Exit Time: 10:45PM
Phone: [phone]
Inspection Type: Spill/Emergency Response
Page 1 of 3

Permit: NCS000562 Owner - Facility:American Zinc Products LLC
Inspection Date: 05/11/2019 Inspection Type : Spill/Emergency Response Reason for Visit: Routine
Inspection Summary
On May 11, 2019, Stan Aiken, Dan Boss and myself arrived at the American Zinc Products site at —8:30 PM in response to
Aili Spearman reporting to the department that a release had taken place at the facility. We met with AM Spearman at the
office who brought us down to the stormwater basin at the far north end of the facility where Jaykobi Cochrane was waiting.
Ms. Spearman and Mr. Cochrane informed me that the gate valve intended to prevent flow from the basin to the Broad River
was opened at 3:30 PM due to the possibility of overtopping in result of rainfall amounts that had occurred that day, and was
closed at 5:30 PM.
Upon inspection, it was observed that the basin was continuing to discharge at a flow rate of —20 gallons per minute. Mr.
Cochrane and Ms. Spearman decided to attempt to close the valve again, which was unsuccessful. Mr. Boss (DWR) took a
PH measurement at the outfall location and reported that it was —3.2.
Due to the condition of the valve, and the inability to successfully prevent discharge from the basin, I was unable to confirm
that discharge from the basin has been successfully prevented up to this point as required by email from Stan Aiken dated
May 3, 2019. Mr. Cochrane did have a picture of the outfall point when the valve was opened, but due to the ouffall location
being partially submerged, I was unable to confirm that no discharge was taking place.
Ms. Spearman and Mr. Cochrane informed me that they had blocked the stormwater pipe which conveyed stormwater from
the facility to the basin, so no further stormwater could reach the basin.
Upon inspection, I was unable to confirm that no stormwater was reaching the basin due to the discharge pipe being partially
submerged.
Ms. Spearman and Mr. Cochrane informed me that the location of the blocked pipe had no access cover or manhole, but
took me to the place where they estimated it was buried.
Upon further discussion, it was explained to me by Ms. Spearman and Mr. Cochrane that the blockage structure was
constructed of 2X6 boards, foam, and sandbags. I was unable to confirm the installation or effectiveness of the structure.
Ms. Spearman and Mr. Cochrane informed me that the pumps placed in the manholes closest to the blockage location are
for the purpose of conveying stormwater from the blockage location to the lined basins on the west side of the facility.
Upon inspection I observed that stormwater was flowing unrestricted past the location of the pumps, and that the pumps
were not running.
Ms. Spearman and Mr. Cochrane explained that the pumps were not running because enough water had not built up in the
pipes for the pumps to operate successfully, but that the pumps were running —1 hour before our arrival.
Due to the pump hoses not being submerged, and the free flow of stormwater passed them, I was unable to confirm that
there is any effective storage between the pumps and the blockage location, or that the blockage structure was operating as
intended.
Please send documentation and photos concerning the above items by email: to [e-mail] and by mail to:
North Carolina Department of Environmental Quality
Division of Energy Mineral and Land Resources, Land Quality Section
Attention: Isaiah Reed -
2090 US Highway 70
Swannanoa, North Carolina 28778
Please refer to the accompanying Notice of Violation for required corrective actions.
If you have any questions, please contact Stan Aiken or myself at [phone]
Page 2 of 3

Permit: NCS000562 Owner. Facility:American Zinc Products LLC
Inspection Date: 05/11/2019 Inspection Type: Spill/Emergency Response Reason for Visit: Routine
Page 3 of 3

Aiken, Stan E
From:
Aiken, Stan E
Sent:
Friday, May 03, 2019 2:12 PM
To:
[e-mail]; Aili Spearman
Cc:
Smith, Danny, Vinson, Toby, Lucas, Annette; Georgoulias, Bethany; Morman, Alaina;
Davidson, Landon; Burch, Brent, Menzel, Jeff, Morris, Sean; Reed, Isaiah L
Subject:
AZP Stormwater Requirements
Dear Mr. Basilone and Ms. Spearman,
This email is in response to the emergency your facility experienced on Sunday April 28 and subsequent days. Your
efforts to protect the Broad River are noted and appreciated. Stormwater releases for your facility are currently
regulated by NPDES Individual Permit Number NCS0000562 and established for normal industrial operations. However
the facility has been impacted by the emergency situation you are experiencing, and therefore any runoff from the
facility would not likely consist of the same potential pollutants. As such you are directed to proceed as follows:
• Provide a written course of action which shall include at a minimum
o Measures to maintain no stormwater release, which is not allowed at your facility until DEMLR approval
• Provide your proposed minimum freeboard to DEMLR for review and approval
o Increased testing frequency for all parameters:
• After each rain event or once per week (whichever is shorter). The sampling points shall be
inside Basin 1 near the normal point of discharge and a sample both upstream and immediately
downstream of the discharge point in the Broad River.
• The parameters and benchmark requirements are listed below.
o Provide in writing the receiving facilities for all stormwater runoff and any removed material associated
with stormwater as well as any treatment process of the stormwater and related materials.
o Written notification of whether or not firefighting foam was used in the emergency response.
This procedure will continue until three consecutive Basin sample results are below the benchmark values or within
benchmark range as listed below and the soils in the basin are tested. The tests must demonstrate that the soil will not
contribute significant pollutants to the stormwater in the basin prior to resuming stormwater discharges. The facility
must provide results to DEMLR and Division of Waste Management Hazardous Waste for review and approval.
Testing Parameters and Benchmarks:
Discharge
Characteristics
Units
Benchmark
Sample
Type
Sample
Location
Total Suspended Solids (TSS)
100
Grab
SDO
Nitrogen, Total
m
30
Grab
SDO
Phosphorous, Total
m
2
Grab
SDO
Zinc, Total Recoverable
m
0.126
Grab
SDO
Lead, Total Recoverable
m
0.075
Grab
SDO
Cadmium
m
0.003
Grab
SDO
Chloride
m
860
Grab
SDO

Non -polar Oil and Grease/TPH
EPA Method 1664 SGT-HE
m
is
Grab
SDO
H
standard
6-9
Grab
SDO
Total Rainfall
Inches
-
Rain Gauge
The following additional parameters which EPA has shown to be present in this week's sample shall also tested and
evaluated:
Arsenic, Barium, Beryllium, Calcium, Chromium, Cobalt, Copper, Iron, Magnesium, Manganese, Nickel, Potassium,
Selenium, Silver, Sodium, Thallium, Vanadium
Should you have any questions or require additional information, please advise.
Thank You,
Stanley E Aiken
Regional Engineer
Land Quality Section
North Carolina Department of Environmental Quality
828 296-4500 main
828 296-4610 office
stan.aiken (a)ncden r.gov
2090 US70 Highway
Swanmanoa, NC 28778-8211
W.
> Nathinq Compares..-ti,._
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.