NC0000353_Compliance_20190916

NPDES DOCUWENT SCANNIMU COVER SHEET
NPDES Permit:
NC0000353
The Feldspar Corporation WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
September 16, 2019
IrUl" document is printed oa reuge paper - igizoz-e may
content on the resrerme isic e

NORTH CAROLINA
Environmental Quality
September 16, 2019
ROY COOPER
Govemor
MICHAEL S. REGAN
Seererar)
LINDA CULPEPPER
1),ma"r
CERTIFIED MAIL ITEM 7015 0640 0007 9833 5912 - RETURN RECEIPT REQUESTED
Mr. Gregory Taveras
The Quartz Corp USA
8342 S NC Hwy 226 Bypass
Spruce Pine, NC 28777
SUBJECT: CIVIL PENALTY REMISSION REQUEST
The Feldspar Corporation
NPDES Permit NC0000353
Case LM-2018-0051
Mitchell County
Dear Mr. Taveras:
I have considered the information submitted by your company in support of a request for penalty
remission in the subject case. The Division agrees that the stream closure which occurred
concurrent with the acid spill from your facility was not a result of the spill. Therefore, in
accordance with NCGS 143-215.6A (f), I have found cause to remit the original civil penalty
assessments by $4,000.00. The Quartz Corp Upf-1)
is responsible for the remaining penalty and
0 enforcement costs, which total $ 11 22.87.
� On /0�2/10rf -' �'OSe cloed,
If you choose to pay the remaining amount, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make the check payable to NC DEQ, and include the case
number on the check.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your request for remission (with supporting documents) and my recommendation
to partially remit the penalty will be delivered to the North Carolina Environmental Management
Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency
decision.
If you desire to make an oral presentation to the Committee on why your request for remission
meets one or more of the five statutory factors you were asked to address, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Please mail the completed
form to:
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-3616

NC0020800 Remission Decision
Page 2 of 3
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
Sin re y,
�v j^ Linda Culpepper, Dire r
Division of Water Resources
cc: Central Files

IIa1YIAlIYNIINRIII IIIIII
9590 9402 3950 8060 9872 29
United States • Sender: Please print your name, address, and ZIP+4® in
Postal Service NCDEQ/DWR/NPDES
ATT: CharlesRECEIVED 161NMail ServiceeaverCenter Floor
OCT 112011
Raleigh, NC 27699-1617

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse X
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
The Quartz Corp, USA.
Attn: Mr. Gregory Taveras
PO Box 309
Spruce Pine, NC 28777
3. Service
0AdulSig,
❑ Certified t
OCT 0 4 2019
$Agent
❑ Addressei
Date of Deliver)
10-04 - i9
17 O Yes
0 No
Mail Express®
red MajlTM
9590 9402 3950 8060 9872 29 ❑ Certified Mall Restdote6TibR�� ❑ Return Receipt far
❑ Callao on Delivery Merchandise
i Delivery Restricted Delivery ❑ Signature Confirmation^
7018 1830 0001 8036 9605 aI ❑ Signature Continuation
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Over $5001
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DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: I.M-2018-0051 Region: Asheville County:
Assessed
Mitchell
Entity: The Quartz Corporation USA Permit: NC0000353
REMISSION FACTORS
(a) Whether one or more of the civil penalty assessment factors were wrongly
66 applied to the detriment of the petitioner:
Notes: The Division concurs that the closure of the Toe River was not due to the spill from
the permittee's facility. Division staff recommend remission of the $4,000.00 fine for the
loss of use of the waterbody.
e� (b) Whether the violator promptly abated continuing environmental damage
I` resulting from the violation:
Notes: The Division agrees that the permittee acted promptly in the aftermath of the
spill, but significant impact to the receiving stream occurred despite the permittee's
actions. Division staff recommend no remission of the remaining penalty.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes:
❑ (d) Whether the violator had been assessed civil penalties for any previous
violations:
Notes:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Notes:
DECISION (Check One) Rev. viols
Request Denied ❑
Full Remission ❑ Retain Enforcement Cost? YeA No❑
Partial Remissions % °� (Enter Amount)
d Culpepper ate

RECEIVED/DENR/DWR
JUSTIFICATION FOR REMISSION REQUEST FEB 2 8 2019
Water Resources
Parmitting Section
DWR Case Number: LM-2018-0051 County: Mitchell
Assessed Party: The Quartz Corp USA
Permit No. (if applicable): NC 0000353 Amount Assessed: $14,122.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right.to an Administrative Hearing and Stipulation of Facts"
form. to request remission of this civil penalty. You should attach any documents that you
believe support your request and are necessary for the Director to consider in evaluating your
request for remission. Please be aware that a request for remission is limited to consideration
of the five factors listed below as they may relate to the reasonableness of the amount of the
civil penalty assessed. Requesting remission is not the proper procedure for contesting whether
the violation(s) occurred or the accuracy of any of the factual statements contained in the civil
penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty
may be granted only when one or more of the following five factors applies. Please check each
factor that you believe applies to your case and provide a detailed explanation, including copies
of supporting documents, as to why the factor applies (attach additional pages as needed).
—x— (a) one or more of the civil penalty assessment factors in N.C.G.S.143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment
factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from
the violation (Le., explain the steps that you took to correct the violation and
prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been .assessed civil penalties for any previous violations
(i.e., explain if previous violations have resulted in you being assessed civil
penalties);
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (Le., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
(a) G.S. 143B-282.1(b)(1) —The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting from the violations:
Quartz does not dispute that there was an unanticipated discharge event on July 15,
2018 "at its facility on Altapass Road in Spruce Pine in Mitchell County, and that the discharge

�0 '
(69Cl4f5
temporarily affected the pH level in the receiving waters, the Toe River. However, Quartz
believes that one specific part ($4,000 for removal of recreational use) of the penalty is based on
incorrect assumptions and, thus, should be removed. As to the remainder of the penalty,
Quartz respectfully request that it be reduced, given the company's response to promptly halt
the discharged and to minimize impacts and limit its effects discharge to a two and a half hour
time period.
The portion of the penalty that Quartz believes should be removed is the $4,000 penalty
assessed "for violation of 15 NCAC 02B .0211(2) by discharging effluent that resulted in a loss of
recreational use." The basis for this portion of the penalty is Finding of Fact F of the Findings
and Decision and Assessment of Civil Penalties, which states, "[o]n July 15, 2018, signs warning
against swimming and wading were posted on the banks of the river by the local Health
Department as a result of the discharge." However, contrary to Finding of Fact F, the local
Health Department did not post warning signs against swimming and wading on July 15M. Those
signs did not appear on the banks of the Toe River until July 171h and were not in any way related
to the discharge event on July 1511 from the Quartz facility. The local Health Department posted
the warnings on Tuesday July 17m after the town of Spruce Pine found that it was discharging
raw sewage into the Toe River as a result of a leaking sewer line. The Health Department stated
that the sewer leak led to elevated levels of bacteria in the river, which was the reason for the
posting of the warning signs. The Health Department did not cite the Quartz discharge event,
which occurred and was completely resolved two days prior, as a basis for the warning signs.
Thus, Finding of Fact F is inaccurate, and therefore, there is no basis for a $4,000 penalty for a
violation of 15 NCAC 02B .0211(2).
As to the basis for the remainder of the penalty, Quartz would emphasize that there is
no indication or evidence that there was ever in any danger to the public downstream from
Quarti s discharge event. The pH levels downstream never fell below 6.2 and within hours were
back to normal. After the discharge event, DEQ publicly stated, "the [Quartz] leak did not pose a
danger to humans."
Attached is a copy of an article from the Mitchell News -Journal covering the two
incidents including statements from the Health Department and DEQ that are referenced above.
Also attached are
Based on the facts cited above, Quartz respectfully requests remission of the $4,000 civil
for loss of recreational use.
(b) The violator promptly abated continuing environmental damage resulting from the
violation:
As discussed above, Quartz staff promptly corrected the situation such that the whole
event only lasted two and a half hours. Quartz staffs prompt response minimized the impact on
the pH of the receiving water so that the public was never in danger. Within two and a half
hours, pH levels were back to the required operating range of the facility's NPDES wastewater
permit.
While the July 15,h incident occurred due to human error, this does not reflect a lack of
commitment or care on the part of the company. Quartz is an environmentally engaged

company that continually trains its employees to safe guard the environment. As a result,
Quartz immediately retrained all personnel on safe chemical handling in all situations involving
Quartz employees. Training materials from this process are attached.
Quartz has also implemented additional safeguards to eliminate the risk of incidents like
this in the future. These safeguards include additional employee oversight when acid trucks are
unloaded or day tanks are filled. Also, new lock -out valves were placed on bulk storage tanks
and high level alarms were placed on day tanks.
Quarti s immediate response to the incident and additional safeguards against future
similar incidents warrant remission of the civil penalty in its entirety or, in the alternative, a
significant reduction to the remaining penalty amount.
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STATE OF NORTH CAROLINA
COUNTY OF MITCHELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
THE QUARTZ CORP USA
FOR THE VIOLATION OF A WATER
QUALITY STANDARD AND
CONDITIONS OF NPOES PERMIT NO.
NC0000353
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADNIINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LM 201SM51
Having been assessed civil penalties totaling $14,122.97 for violations) as set fo th in the
asses�ent document of the Division of Water Resources dated February 4, 2019, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in
the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil penalty
must be submitted to the director of the Division of Water Resources within thirty (30) days of receipt of
the notice of assessment. No new evidence is support of a remission request will be allowed after (30)
days from the receipt of the notice of assessment.
This the 15 day of _ fry �r� �'�j 2019.
ADDRESS
TELEPHONE
YZ47 - 76 5-- 9�2/

THE
QUARTZ TM
CORP
Welcome to Acid Handling and Training
Scope: To give you more information on the subject of handling acids in TQC facilities to keep
you and others safe while protecting the environment.
1.) The acids we handle
2.) Uses and purpose of acid in our facilities
3.) Personal Hazards
4.) The equipment we use (PPE)
5.) Safety procedures and protocols
6.) What to do in an emergency
7.) Questions and answers

The acids we handle at TQC both at KT Feldspar (226 Bypass Location) and The Feldspar Corp.
(Altapass Road) are 49% Hydrofluoric and 93% Sulfuric.
49% Hydrofuoric means that the mixture is 49% Hydrofluoric Fluoride by weight. This means
that it also contain 51% water. It is an inorganic acid, it is classified as a "weak acid" for us this
only means it breaks down and seperates quickly. It is among one the strongests and most
corrosive inorganic acids. Sulfuric is 93% by weight. Both sulfuric and HF are very corresive to
skin and metal. Therfore, special safety precautions are necessary and must be followed when
using this chemical
HF is used in:
Plastics Productions
Microchip Etching
Electronic Circuit Cleaning Glass Etching
Industrial Production
Wheel and Pontoon Cleaning
In our facilities it is used for Ph adjustment in the float cells. It has a consequently affect of
dissolving some minerals.
It is brought in in bulk tankers and unloaded into bulk tanks at both sites.
TFC has 2 bulk tanks, the first is beside the truck scales on altapass road and the second is
behind plant 3 off mica street. From there the acid is transported into "Day Tanks" inside Plant
1 and Plant 3
At TFC there is also small quanities stored and used in the Lab. This is the building between the
warehouse and the office or.the second building on the left as you enter the main entrance
parking lot.
At KT Feldspar the bulk tank is just below the warehouse area on the right as you enter the
plant.
These ares are marked with signage to warn of dangers
If you do not need to be in these areas or around the days tanks please stay away unless
operating or preforming maintenance this will automatically lessen your chances of exsposure.

Sulfuric Acid is colorless and odorless. It has many uses but with the top uses being:
Fertilizer
Mineral Processing
Biological Wasterwater Processing
Drain Cleaners
Lead -Acid based batteries
Personal Hazards
On contact, large amounts of acid will produce skin damage and pain. This is often in the form
of redness and burning. It can cause immediate "skin death" the dectruction of cells.
It is a calcium seeker. It will burn through the skin to try to get to the bones.
Left untreated or improperly treated can cause skin and tissue damage, heart attack and
sudden death.
Deaths have been reported from acid burns as little as 2.5% Body Surface Area (BSA)
This is the size of the palm of your hand!
Exposure Types
Direct exposure(you come into contact) Secondary exposure(unkownly, residue or rescuers)
Liquid exposure (skin, eye, ingestion)
Gas/Vapor exposure (inhalation,skin&eyes)
HF will penetrate fingernails burning the pulp beneath without effecting nail.
Sulfuric will damage both nail and nail bed upon contact
Contact with eyes can cause immediate destruction of the eye
PPE
Drench Shower, Eyes Wash, addional water supply such as hose.
Acid Suit(Hardhat with sheild, Head shroud, Jacket, Pants, Boots and Gloves)
Red Danger Tape
9mil nitrile gloves under primary gloves.
Face Sheild with splash goggles

Safety Prodedures and Protocols ( Lab and Plant)
Wear Proper PPE
Inspect PPE prior to use
Check Shower and Eyes wash station prior to handeling. Have an addition source of water
Know where Calcium Guconate is located
Never Work Alone
Use the buddy system
Always restrict area to others (Ground Control/Red Tape)
Use and maintain smallest quantity possible(Lab)
Cap containers when not using(Lab)
Label Containers and secondary containers
Never use squirt bottles(Lab)
Always work under a fume hood(Lab)
Know where bagged lime is located
*When filling day tanks at TFC
Alert all nessacessary personal that tanks are to be filled (including Filter Plant)
Check all PPE
Check ALL showers and eyewash stations in area
Tape off area as nessecessy (Red Tape)
Put on PPE
Remove operational lock -out from main acid valve
Open valve
Turn on pump
Fill day tank until high level alarm comes on
Turnoff pump
Turn off valve
Install operational lock -out to valve
Silence High Level Alarm only after pump is off and valve is shut
Note time, Date and Personal on shift report
*When Filling day tanks at KT
Alert all nessacessary personal that tanks are to be filled
Check all PPE
Check ALL showers and eyewash stations in area
Tape off area as nessecessy (Red Tape)
Put on PPE
Open main acid valve at bulk tanks
Open valve at day tank
Observe fill indicator
When full close day tank valve
Proceed to bulk tank and close main valve
Note time, Date and Personal on shift report

Acting in an emergency
Stay Calm, Do Not Panic and Think, Think, Think.
Communicate with buddy what the emergency is
If it is contact with acid remember Water, Water, Water. At least 15 minutes worth
Do not contaminate yourself, use PPE
Victim should remove all contaminated items
Remove head gear last/ face water and pull over head backwards
Call management, Call 911 tell them you have a Hydrofluoric Acid/ Sulfuric Exposure
Tell them your location/Note time if possible
*If HF after 15 minutes of water massage calcium gluconate on to exposed area wear nitrile
or neoprene gloves to do so. Give person 6 Calcium Carbonate tablets(TUMS from first aid kit)
Apply every 20 minutes until pain subsides or medical facility is reached. Explain to EMS
workers what to do and send calcium gluconate with them.
If it is eye exposure keep flushing eyes with water until EMS arrive. At least for 15 minutes -
holding eye lid open(both lower and upper) for irrigation and wait for emergency response
personal. If conscious give victim 6 Calcium Carbonate tablets(TUMS).
If Inhalation from fumes occurs -
Immediately remove the victim to clean air if it is safe to do so
Have victim ingest 6 Calcium Carbonate tablets(TUMS)
General Procedure for All Acid Spills
Alert others in the'area
Contain the spill if safe to do so (Bagged Lime)
Cordon Area
If fuming pay attention to wind socks to locate safe area
Call Filter Plant/Be accurate (TFC)
Call Maintenance to put boards in pond (KT)
Leave the area, Call Management, Call 911 if needed or instructed to do so

tiv5 � � �vriv
The area's leading hometown newspaper ALA. Wo 20
90th year No. 30
Inesday, July 25, 2018 $1
netimes, it's
little things
es for foster
dren needs
forth Toe contaminated twice
Acid leak, sewer spill wreak havoc on same section of river
BY BRANDON ROBFMS
IMRch.O Mh jwffsa
eGllorvmltchellm .w,
SPRUCE PINE — A sec-
tion of the North Toe River
was contaminated this past
week after a broken pipe on
Altapass Road allowed an
estimated 2o,000 gallons
of sewer to spill into Beaver
Creek
Spruce Pine Town Manag-
er Richard Canipe said the
leak was discovered early
in the day Tuesday, July
17, and fixed a few hours
later. Employees with the
Toe River Health District
posted warning signs at
points along the riverbank
announcing swimming and
wading were temporarily
prohibited because of ele-
vated levels of bacteria in the
water as a result of the leak
"At this point, the bacte-
ria levels are being tested,"
Canipe said around i p.m.
Thursday, July t9. "If the
levels are still high, we'll
take more samples and have
them tested again."
Canipe said the results
of the seven samples were
received around 2 p.m. Fri-
day, July 2o, and shoV;ed the
bacteria levels in the river
were back to normal. The
no -swimming ban was then
lifted.
Following North Caro-
lina General Statute 143-
215AC, the town of Spruce
Pine issued a press release
Wednesday, July 18, an-
nouncing the leak. The
Statute requires the owner
or operator of any wastewa-
ter or treatment works to
issue a press release when
an untreated wastewater
discharge of t,000 gallons
or more reaches surface wa-
ters. The Division of Water
Quality was notified about
the spill Wednesday, July 18,
and was reviewing the mat-
ter, according to the press
release.
CAMP SPRING CREEK
See SPILL / 8
Containment tray overflow
leaks hydrofluoric acid
BY BRANOON ROBOM
MftW hl.wloafd
wft,vmhchNir .w
SPRUCE PINE — The sewer spill of 20,000 that
contaminated the North Toe River occurred a few
days after a hydrofluoric acid leak Sunday, July 16,
at Quartz Corp. on Altapass Road that seeped into the
same section of the North Toe River in Spruce Pine.
The leak was noticed after around 50 dead fish were
found near Riverside Park. The leak originated from
the overflow of a containment tray at the Quartz Corp.
facility on Altapass Road.
The pH levels in the river were back to normal by
Tuesday, July 17, and the leak did not pose a danger
to humans, according to officials at the North Carolina
Department of Environmental Quality.
Learning, friendship, fun

waaar/4a1�,. yaK3,Va J(LLLL. 1 VYJLIWJ.
BRP Marine Group with two iconic marine There will be no changes in day -today
industry players in Evinrude and Aluma- operations within the BRP Marine Group,
craft will open up a world of possibilities according to a press release. Terms of the
for us within the marine industry. Our key Alumacraft acquisition were not disclosed.
BRANDON ROBERT&Mitc!W News, mal
The Toe River Health District placed signs like the one pictured In Riverside Park along the
banks of the North Toe River Tuesday, July 17, after a sewer spill.
SPILL Scott, said although the acid leak and
subsequent sewer spill affected their busi-
ness, which is a wilderness guiding service
From page 1 providing rock climbing, rappelling, yoga
hikes, waterfall rappels, kayaking and river
"We're lucky we caught it as quickly as tubing, that safety is the main priority. The
we did," Canipe said. "It could have been company suspended all operations from
a lot worse." Riverside Park to Penland until Tuesday,
Some business owners in the area that July, 24, but continued to operate up -
depend heavily on the North Toe River stream from the spills.
felt the brunt of what was a difficult week "Our company will not put anyone in
for the water. Christy Thrift, who co-own harm's way," she said. "Our guests' safety
Thrifty Adventures with her husband, is our No. 1 priority. Period."
SCHOOLS
From page i
($30,225), Deyton Elemen-
tary ($28,350) and Greenlee
Primary ($10,425) also have
projects covered by the capi-
tal fund budget completed or
underway this summer.
Projects at the Central
Office in Ledger ($21,387),
maintenance costs
($12,500) and transporta-
tioll ($10,900) round out the
capital fund budget, which
calls for $549,700 for the
2018-19 fiscal year.
Mitchell High's grant-in-
aid projects include tinting
of windows in the library
and commons, new cafete-
ria tables, updated seating
alcoves, a new trophy case,
safety mats at the front
doors, renovation to bath-
rooms and new floor cover-
ings on two staircases in the
gym -
The press box at the foot-
ball field will be renovated
and should be completed by
the end ofAugust and wiring
for access to cameras at the
athletic field house will also
be in place in time for the
school year.
Mitchell High also now
has an exceptional children
activity center, which ac-
counted for $45,000 of the
grant-in-aid funds.
Hodshon said the school
system wanted to focus on
projects at the high school
that couldn't be completed
using capital funds.
These were things that we
wouldn't have been able to
take capital funds and do,"
Hodshon said. "We have to
focus those funds more on
infrastructure and building
needs, so you don't have
leaks and that kind of stuff."
Hodshon added if school
systems utilize the grant-in-
aid funds wisely, the chances
of receiving more aid in the
14lWLLW U
Creek incl
lodge, dining .. ., art bar
woodshop, swimming pa
campers' cabins, climbii
wall and a zip line. The
are six campers' eabins, al
children are grouped by ge
derand age.
Counselors 'at Cam
Spring Creek come fro
all over the world — son
are dyslexic and serve ;
positive role models for tl
campers.
Counselor Colin Foley, 2
of Spartanburg, South Can
lina, is one of the many fo
mer campers who come ba(
as a counselor. He came i
Camp Spring Creek after h
filth -grade year.
"I did really well in scho
until fifth grade, and the
my grades just dropped off
Foley said. "I was told med
cation would help — it didn
I came here and was taug)
an entirely different style r
learning. There is just somt
thing about this place th;
makes you want to learn.
think it's the mountains an
these beautiful views."
Former campers comin
back to work as counselors
important, Foley said.
"I was a kid with dyslexia
future are higher.
"That's why I wanted vie
ibility," Hodshon said. `
could have used $250,00
and tied it into an electric;
project, but no one woul
have known. I wanted th
public to see it; we wante
them to be able to see th
actual projects."
Gouge Elementary s capi
tal fund budget covers offic
renovation, parking lot pai,
ing and resurfacing of th
play area behind the schoo
Bowman Middle will ge
new security cameras ant
a door -entry system, neN
roofing in the auditoriun
library and a freshly pourer
ARREST possession of methamphetamine, scheduled to appear in court Aug. ROBERT
drug paraphernalia and three 22. McClean
counts of possession of a firearm LARRY DEAN OLLIS, 54, of 499 arrested t

North Carolina Department of Environment Quality
DwR
Dtvlston of Water Resources
WWTP Upset, Spill, or Bypass 54Day.Report1ng.Form
(Please Print or' Type Use Attachments if Needed)
Permittee:.The Quartz Corp
`Permit Number: 0000353
Facility Name: Feldspar Corporation
County: Mitchell
Incident Number:
Incident Started: Date: 7/15/201.8
Time: 2:35pm
Incident Ended: Date: 7/15/20-18
Time: 4:50pm
Level of Treatment:
❑None ❑Primary Treatment 08econdary Treatment ❑Chlorination/Disinfection Only
Estimated Volume of Spill/Bypass: 382k gallons of total effluent that did not meet parameters
(must be given even if it is 4.rough estimate)
If yes, please'list the following:
Volume Reaching Surface Waters: 382k gallons
of total effluent during time period.
Surface Water Name: North Toe River
Did the Spill/Bypass result in a Fish Kill? Oyes
Was WWTP compliant with permit requirements? No
Were samples taken during event? 0Yes
Soecific area of the Upset/Spill/Bypass (Location or Treatment Unit)
North Toe River at discharge point 001
Cause or Reason for the Upset/Spill/Bypass:
Floatation plant upset
Describe the Repairs'Made or Actions Taken:
review of equipment and install as determined, training, procedural changes
Action Taken to Contain Spill, Clean Up and 'Remediate the Site (if applicable
additional treatment at the time of incident
Action Taken or Proposed to be Taken to Prevent Occurrences:
All equipment involved was inspected and employees retrained
Additional .Comments About the Event:
Downstream Ph readings were taken and samples stored are as follows:
3:04 pm 6.4 4:50 pm.,6 3 6:40 pm' 6 8 8:22 pm .6.8 b 51- : 6,9 '11.15. pm, .71

.1-
North Carolina Department of Environment Quality
24-Hour Report Made To: ❑Div. sion b . Water Resources ❑ immediate to regionaT;Emergency
management
Contact Name: Daniel Boss/Linda Wiggs Date: 7/15/2018 Tme:
8:21pm/5:53pm
Other Agencies'Notified (Health. Dept, etc): Town Of Spruce Pine
Person Reporting Event:Glenn Young/Jim
Garofalo _
Phone Number-828 4671537
Did DWR Request an Additional Written Report? ❑No
If Yes, What Additional Information is Needed:
As a revresentative for the responsible party I certify that the information contained in this, report is
true and accurate to the best of my kno_wledae,
Person Submitting Claim: lames Garofalo
Sign71m�
Title: ORC
Telep _ 828-467-0788

-.�•••"usuonly,notfarrgm&S UPOM.Reverydlf2OZISbyJoeplUmgn
Waste Water Treatment Facility Dom, Shift
_ wort
Shia and
Name of
B
c
Tone
A Turl
t c 03Do
Time now at Time the
caftva* or sink sample was
vas collected m"ftl6—_-v
-7 o
0 2, '74
Additiulual Catwa& Readings if Needed
PH T'me curb PH
° MOIIday
0 Tue$dAy
° Wcdtes&y
° Thursday
° .Friday
° Saturday
Fluoride
g
Time Tmb . PH
so v
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Additional Comments or Info
A rmation
B �O.Opr� PH ` -7

The Quartz Corporation Stream Sample Worksheet
Altapass Location Lab # 197 Permit # 353
Datllected
Ph Calibration Time®7i3 4.0 Buffer 10 Buffer�uffer QC Check_
Initials of analyst calibrating ph meter
Turbidity calibration time_ Turbidity Standard Value Turbidity Reading
Initials of analyst calibrating turbidity meter.14
*All samples must be thermally preserved
ID
Collection
Time PH
PH
Turbidity
Sample
Time
Sample
Time
analyzed
Results
Results
Temp
Placed in
Temp
initial
Storage
arriving
at Lab
Upstream
r3
Downstream
O�
Ph Buffer Standard checked after testing: Value of Standard---jr'a Results D
This document represents the sample week
Certified PH Parameter required: SM 4500 H+B 2011(Aqueous)
Certified Turbidity Parameter required: SM 2130 B-2011(Aqueous)
Additional Comments:

ROY COOPER
MICHAEL S. REGAN
LINDA CULPEPPER
NORTH CAROLINA
Environmental Quality
February 4, 2019
CERTIFIED MAIL #7016-2140-00004371-2213
Mr. Gregory Taveras
The Quartz Corp USA
8342 South 226 Bypass
Spruce Pine, NC 28777
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
The Quartz Corp USA
Case No. LM-2018-0051
Mitchell County
Dear Mr. Taveras:
This letter transmits a notice of a civil penalty assessed against the The Quartz Corp USA in the amount
of $14,122.97 (includes $122.97 in enforcement costs).
This assessment is based upon the following facts: One release of approximately 328,000 gallons of
effluent into the North Toe River on July 15, 2018, which did not meet permitted effluent requirements.
The release resulted in approximately 15 identified dead fish and loss of recreational use to the river.
• A Notice of Violation Notice of Intent to Enforce (NOV-2018-LM-0071) was sent to Mr.
Gregory Taveras of The Quartz Corp USA on October 3, 2018. The Notice included a limit
exceedance violation for pH (parameter code 00400), as well as a monitoring frequency violation
for effluent flow (parameter code 50050).
The State's enforcement costs in this matter may be assessed against The Quartz Corp USA pursuant to
NCGS. 143-215.3(a)(9) and NCGS 143B-282. I (b)(8).
Based upon the above facts, the Division concludes as a matter of law that The Quartz Corp USA
violated the terms, conditions or requirements of NPDES Permit NC0000353 Part I. Section A. I. and
Part H Section C.2., as well as 15A NCAC 02B .0211(2), in the manner and extent shown above. In
accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-
215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the Division

The Quartz Corp USA
Case No.: LM-2018-0051
Nove lib 2r 0Q1.,8'
J'ageZ.
of Water Resources, the Division hereby makes the following civil penalty assessment against the The
Quartz Corp USA:
$ 1,000.
for violation ofNPDES Permit NC0000353 Part L Section A. 1. by discharging
effluent that .did not meet pH requirements
$ 4,000
for violation of NPDES Permit NC0000353 Part H. Section C.2. by failing to -
properly operate facilities and systems of treatment
$ 4,000
for violation of 4 5A NCAC 02B .0211(2) by.discharging effluent that caused a
loss of aquatic life.
$ 4,000
for-2 of 2 violations of 15A NCAC 02B ..0211(2) by discharging effluent that
resulted in a loss of recreational use.
$ 122.97
Enforcement Costs
$ 14J22.97._
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division -has taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),
which are:
(1) The degree, and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and. gravity of the violation;
(3) The effect.on ground or surface water quantity or quality or on air quality;.
(4) .The cost. of rectifying the damage;
(5). The amount of money saved by noncompliance;
(6) Whether the violation -was committed willfully or intentionally;
(7) The prior record of the violator.in complying or failing to comply.with programs over which the
Environmental. Management Commission has regulatory authority; and
.(8) The cost to the State.of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver fo»n). Payment: of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

The Quartz Corp USA
Case No.: LM-2018-0051
November 2018
Page 3 of 5
2. Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In
determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Resources will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough=statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt

The Quartz Corp USA
Case No.: LM-2018-0051
November 2018
Page 4 of 5
of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal dateltime received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact John Hennessy at 919-707-3615 or via a -mail
Oohn.henness cdenr. ov).
Y14y V1 V3' ,
Linda Culpepper
Director, Division of Water Resources
ATTACHMENTS
cc: DWR Asheville Regional Office
NPDES Files w/ attachments
Central Files w/ attachments

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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: The Ouartz Corn USA
Permit # NC0000353
County: Mitchell
Case Number: LM-2018-0051
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the
factors set out in G.S.143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Immediately below the effluent pipe the low pH, high specific gravity chemical
caused a fish kill of bottom dwelling fish. The local health department posted a
no recreation advisory downstream at the public park as a precaution due to the
low pH.
2) The duration and gravity of the violation;
The facility reported the, duration of the violation was from 2:35 pm to 4:50 pm
on July 15, 2018. An estimated volume of 382,000 gallons of effluent did not
meet the effluent pH limits. The health department posted a river use advisory for
two days.
3) The effect on ground or surface water quantity or quality or on air quality;
Approximately 15 deceased fish were observed by DWR staff.
4) The cost of rectifying the damage;
Equipment upgrade, increased employee training.
5) The amount of money saved by noncompliance;
The cost of developing and implementing a proper employee training program.

6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
November 2017, a Penalty of $3,000 was assessed and paid (PC-2017-0047).
8) The cost to the State of the enforcement procedures.
$122.97
/19
offP.irr

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF MITCHELL
IN THE MATTER OF ) CASE NO. LM-2018-0051
THE FELDSPAR CORPORATION )
FINDINGS AND DECISION
FOR THE VIOLATION OF A ) AND ASSESSMENT OF
WATER QUALITY STANDARD ) CIVIL PENALTIES
AND A CONDITION OF NPDES )
PERMIT NO. NCO000353 )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, of the Division of
Water Resources (hereafter known as DWR), make the following:
I. FINDING OF FACT
A. The Quartz Corp USA is a person organized and existing under the laws of the State of
North Carolina.
B. On September 18, 1980, The Quartz Corp USA was issued NPDES Permit Number
NC0000353 for the operation and maintenance of a wastewater treatment plant and the
discharge of wastewater from The Feldspar Corporation facility located on Altapass Rd
in Spruce Pine, Mitchell County, North Carolina, pursuant to application, in accordance
with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
C. On July 15, 2018 staff from the Asheville Regional Office of DWR received a phone call
from Mr. James Garafola of The Quartz Corp USA stating that from 2:35 pm to 4:50 pm
there was a discharge of approximately 328,000 gallons of total effluent to North Toe
River that did not meet permitted effluent requirements. The Quartz Corp USA reported
an effluent pH value of 4.3.
D. The impacted section of the North Toe River is classified as C; Trout in the French Broad
River Basin.
E. DWR personnel observed approximately 15 dead sucker type fish as a result of the
discharge.
F. On July 15, 2018, signs warning against swimming and wading were posted on the banks
of the river by the local Health Department as a result of the discharge.
G. On October 3, 2018, DWR issued a Notice of Violation and Intent to Issue Civil Penalty
to Mr. Gregory Taveras of The Quartz Corp USA. The Notice included a limit
exceedance violation for pH (parameter code 00400), as well as a monitoring frequency
violation for effluent flow (parameter code 50050).
H. DWR received a response to the Notice of Violation and Intent to Issue Civil Penalty
dated October 23, 2018 from Mr. John Silver, TQC Environmental Manager for the
Altapass Facility. The response stated that the pH limit violation was "due to a valve not
being completely closed, and apparently involved a new employee." The response states

that the incident was quickly detected and immediately reported, and that employees
were re-trained to avoid similar future occurrences. In regards to the flow monitoring
frequency violation, the response states, "As noted in the DMR, the plant was conducting
previously scheduled preventive maintenance for the entire plant, which involves a
shutdown of production and operating processes that normally produce flow... there was
no discharge of effluent and no fresh water entering the plant."
I. 15A NCAC 02B .0211(2) states:
Conditions Related to Best Usage: the waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation,
and agriculture. Sources of water pollution that preclude any of these uses on either a
short-term or long-term basis shall be considered to be violating a water quality
standard.
J. NPDES PERMIT NO. NCO000353 contains the following relevant permit conditions:
NPDES Permit NCO000353 Part I. Section A.1. Effluent Limitations and Monitoring
Requirements
During the period beginning on the effective date of the permit and lasting until
expiration, the Permittee is authorized to discharge process wastewater from
outfall 001. Such discharges shall be limited and monitored by the permittee as
.specified below.
3. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard
units.
K. The cost to the State of the enforcement procedures in this matter totaled $122.97
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW
A. The Quartz Corp USA is a `person' within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212 (4).
B. The French Broad River constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212 (6).
C. On July 15, 2018, The Quartz Corp USA violated NPDES Permit NC0000353 Part I.
Section A.1. by discharging effluent that fell below the allowable minimum pH value.
D. On July 15, 2018, The Quartz Corp USA violated 15A NCAC 02B .0211(2) by
discharging effluent that caused a loss of aquatic life and resulted in a loss of recreational
use.
E. The Quartz Corp USA may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A (a)(1), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant G.S. 143-
214.1, 143-214.2, or 143.215.

F. The State's enforcement cost in this matter may be assessed against The Quartz Corp
pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
G. Jeff Poupart of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of
Water Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of law, I make the following:
III. DECISION
Accordingly, The Quartz Corp USA is hereby assessed a civil penalty of:
S 2L 000
C70
5 122.97
for violation of NPDES Permit NC0000353 Part I. Section A.1. by discharging
effluent that did not meet pH requirements
for violation of NPDES Permit NC0000353 Part H. Section C.2. by failing to
properly operate facilities and systems of treatment
for violation of 15A NCAC 02B .0211(2) by discharging effluent that caused a
loss of aquatic life.
for 2 of 2 violations of 15A NCAC 02B .0211(2) by discharging effluent that,
resulted in a loss of recreational use.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out
in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Date e-ffPoupart
Division of Water Resources

THE QUARTZ""
CORP
G. Landon Davidson, P.G.; Regional Supervisory
Water Quality Regional Operations Section
N.C. Department of Environmental Quality
Division of Water Resources
Asheville Regional Office
2090 U.S. 70 Highway +
Swannanoa, NC 28778
Subject: "Notice of Violation & Intent to issue civil penalty n
Tracking Number: NOV-2018-LM-0071
The Quartz Corp USA
Mitchell County
Dear Mr. Davidson:
This .letter is provided- in response to..,the above -described Notice of Violation & intent to issue
civil penalty, dated October 12, 2018 (NOV), and which we received last Friday.
. The NOV correctly notes that the July Discharge Monitoring Report (DMR) reported a
measurement on July 15, 2018 of pH at outfall 001 outside of the limits in the permit. The unanticipated
violation. was due to a valve not being completely closed and apparently involved a new employee. It
was"qulckly detectedand immediately reported, as required by permit NC0000354. We acted promptly
to mitigate any impacts and continually monitored the effluent quality. No employee'or member of the
community was put at risk of harm and the effects to the environment were nominal. To avoid a similar
occurrence in the future, all Quartz Corp employees were immediately re-trained on safe chemical
handling and procedures. Also, equipment and procedure upgrades were Implemented to prevent any
future occurrences. We will, of course, continue to provide our regular employee training.
The NOV also asserts a violation on July 4, 2018, due to lack of flow in conduit or through the
treatment plant. As noted in the DMR, the plant was conducting previously scheduled preventive
maintenance for the entire plant, which involves a shutdown of production and operating processes that
normally produce flow into the treatment plant. As a.result, there was no discharge of effluent and no
fresh water entering the plant. There was not even any electricity in the WWTF. We -did take upstream
and downstream samples of the river using a portable meter to check the pH, but again there was no
effluent to compare this to.
Our goal at TQC is to not only to meet the conditions of our permit but to be a responsible:
environmental citizen. We regret that the temporary pH exceedancg occurred but believe we quickly
implemented a plan of action that mitigated any impacts and should avoid the likelihood of the event
occurring in the future. We do not believe that the lack of flow during the planned maintenance outage
was a permit violation.
The Feldspar Corporation, 797 Altapass Road, PO.Box 99, Spruce Pine, NC 28777

J, ' A
If there are any further questions, please contact the undersigned.
Regards,
9a-'.�
John Silver
TQC Environmental Manager
797 Altapass Rd,
Spruce Pine, NC 28777
[e-mail]
828-467-3386
828-765-8979
The Feldspar Corporation, 797 Altapass Road, PO Box 99, Spruce Pine, NC 28777

December 6, 2018
lu_��u��i :: \ 1 ►/_I
To: Jeff Poupart
Through: John Hennessy
From: I Emily DelDuco
Subject: The Quartz Corp USA Civil Penalty Assessment Summary
LM-2018-0051
The Feldspar Corporation
Permit NC0000353
Mitchell County
Asheville Regional Office (ARO) was contacted on July 15, 2018 by Mr. James Garofola of The
Quartz Corp USA who reported that from 2:35 pm to 4:50 pm there was a discharge of
approximately 328,000 gallons of effluent to North Toe River. The discharge contained
hydrofluoric acid that had been accidentally released from its container. The Quartz Corp USA
reported an effluent pH of 4.3. In a conversation with ARO staff, Mr. Glenn Young of The
Quartz Corp USA stated that effluent pH had fallen as low as 2.45.
At approximately 8:00 pm, the town administrator for Spruce Pine reported to Emergency
Services that there was a fishkill downstream of the reported discharge, with estimations of 35-
50 impacted fish. Upon inspection, ARO staff observed 15 dead sucker fish. In response to the
spill, the local health department posted signs warning against recreational use of the North Toe
River. - - - - -
DWR received a response to the NOV--/NOMated October 23, 2018 from Mr. John Silver; TQC.—
Environmental Manager for the Altapass F ility. The response stated that the pH limit violation _
was "due to a valve not being completere*sed, and, apparently involved a new employee. "The=
Quartz Corp USA states that the incident -was quickly responded to, employees were re-trained;
- _
_�- and procedures and equipment- were-upgra�d to avoid future incidents.
-- This case has no known linkages -to -other- issues of significance. The following violations have---
been identified for this incident that was observed July 15, 2018 at The Feldspar Corporation
facility:
Title 15A North Carolina Administrative Code 02B .0211 (2)
NPDES Permit NC0000353 Part I. Section A.1. Effluent Limitations and Monitoring
Requirements

DocuSign Envelope ID:"AE5C6D09-1841-47DD-8740-6F3A9477604B
a�axa
•
ROI'�COOPER".. :."' oatH cARocitvA.
n
Gosern�Y 'vlronmentaJQttaltty
"
WtHAEL S_.REGAN
Secretgo3
LINDIA.00LPEPPER `.'
Interim Director
Certified, Mail "# 7017 2620.0000 0759 5023
Return Receipt Requested
October 3,. 2018
Me., Gregory Taveras
The Quartz _Corp USA :. .
8342 South- 226 Bypass.
. $pruce_Pine, NC"." . 28777
SUBJECT:. _NOTICE' OF VIOLATION '&-INTENT TO ISSUE CIVIL PENALTY
Tang • -0071t Number
Permit No. NC0000353
:The:Quartz Corp USA
Mitchell County'
:Dear. Permittee:
A. review of the July 2018.Discharge.Monitoring Report (DMR) and.5=Day Reportiing•Form for thesubject facility. -
revealed, the violations) indicated' below:
.Limit Exceedance Violationfs):
Sample Limit.' " Reported
. .
Location Parameter. Date' Value. Value.
Type. of Violation
.001- Effluent - pH (0.0400). 7/15/2018 6 4.3.,
Daily Minimum Not Reached, "
'Monitorinb Violatiories):.
Sample Monitoring
Location Parameter " ' . Date Frequency
Type:of Violation
001 EfFluent' Flow; "in conduitor"thrutreatment ". 7.4/2018". ".•Continuous
PrequencyViolatbel
plant (50056).
EQ
North Carolina Department of -Environmental Quality i ", Division of Water Resources
"
2090 U.S. 70 Highway, SWannanoa, NC 28778'
. . 828 2964500 "

DocuSign Envelope IDAE5C6D09-1841-47DD-8740-6F3A9477604B
Water Quality Standard Violation(s):
15A NCAC 02B.0211 (1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity
(including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary
recreation or as a source of water supply for drinking, culinary or food processing purposes;
15A NCAC 02B.0211 (2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution
which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard.
This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violations of North
Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil
penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who
violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to
G.S. 143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is
received in this Office within the 10-day period, a civil penalty assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Regional
Operations Section in the Asheville Regional Office at 828-296-4500.
Sincerely,
[Dacu3gnea by:
per ]E61 ]A361668A8G..
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: ARO Server
Lasefche
G:\WR\WQ\Mitchell\Wastewater\lndustrial\Feldspar Corp 1MERYS ALTAPASS 00353\DMR Violations\20181002_N00000353_NOV2018LM0071.rtf
North Carolina Department of Environmental Quality i Division of Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

DeMuco, Emil
From:' Aaron; James.
Sent: Monday, July 16, 201.8 2:16 PM
To: Wiggs, Linda; Price; Zan (George); Davidson,, Landon.
Subject:. Spruce.Pine Fish Kill ..
Attachments:. IMG_0394.jpg; IMG_0396 jpg; IMG_03.92Jpg; IMG_0395 jpg;. IMG,0393 jpg
Hey Folks,
There were. no fish at the Penlandbridge or the one near the Ingles..I saw 15 fish_ from the foot bridge -in the.
park:off'Tappon. All were suckers from 4 to 8 inches or so laying -on the bottom. Saw a few float'by-as
well. There W` a's. a policeman -there advising folks no to. get in the water today but said if they argued he wasn't
going to stop them! He said that they had'gotten multiple calls -and when he got there earlier this morning he
- counted 40 to 50. The game warden arrivedabout the time I left. There were. a few rafters; one was.with
Mountain True and requested we update her. Linda, just let me. know what you want me to tell her and I'll
follow up.
Linda said the low pH process water has a high specific gravity and would have stayed- on: the bottom so the
fact they were all suckers makes sense.. I'd say the bugs and mussels may have been affected as well... On ,
the up side there were no trout and I saw a'school of.minnows moving throughthe water unaffected. Not
good but probably not disastrous either. Just let me know if you have any questions.
James
James Aaron
Ambient Monitor --Asheville Regional Office
Water Quality Regional.Operations'Section
NCDEQ -Division ofWater Resources
828 296 4500 office .
email: [e-mail]
'2090 U.S.: Hwy. 70
Swannanoa, N.C. 28778
Email correspondence toand from this address is subject to the
-North Carolina Public Records Law and maybe disclosed to third parties. -
From: [e-mail] <[e-mail]>
Sent: Monday; July 16, 20181:57'PM
To: Aaron, James
Subject:. [External]
1

DeMuco, Emily
From: Boss, Daniel 1
Sent: Tuesday, July 17, 2018 4:34 PM
To: Davidson, Landon
Subject: FW: Fish Kill 7/15/18 in Spruce Pine
Here it is.
Daniel Boss
Environmental Specialist- Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ- Division of Water Resources
Office Phone: [phone]
Email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
From: Boss, Daniel J
Sent: Monday, July 16, 2018 9:15 AM
To: Wiggs, Linda <[e-mail]>; Price, Zan (George) <[e-mail]>
Subject: Fish Kill 7/15/18 in Spruce Pine
Hi Linda,
I received a call last night at 8pm from Emergency Management in Raleigh about a fish kill that occurred in Spruce
Pine. It was reported by Richard Canite, the town administrator for Spruce Pine. There were 35-50 dead fish that
Wished ashore at Riverside Park on East Tappan St in Spruce Pine. Apparently this location is about %amile
downstream of the Quartz Corporation discharge. Richard's phone number is 828-766-6915 and his email address is
[e-mail].
The person from Emergency Management also told me that the Quartz Corporation had reported a discharge outside
their permit limitations the same day. That was reported by Glenn Young, 828-467-1537. When I talked to Glenn, he
confirmed that the discharge from their company had killed the fish. He said that they had a spill within the plant and
that caused a discharge of effluent that went as low as 2.45 at one point. He said they were discharging effluent in
violation of their permit limit from 2:30pm-5:30pm. They sampled upstream and ''/< mile downstream of the plant
discharge. At 3:04pm the upstream sample was 6.7 and the downstream was_6.3. The plant shutdown operations at
4:15pm for the evening. Glenn said that they foun t e same fish kill that Richard had reported.
Let me know if you have any questions, thanks,
Daniel Boss
Environmental Specialist -Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ- Division of Water Resources
Office Phone: [phone]
eel?orzTEo LIMN E)SGEEJ7�tJC�
T % 9 N T- Re P0f2T TV F!sW
k-k -

SPRUCE PINE, N.C. (WLOS) — Dozens of dead fish have died and are
washing up on the banks of the North Toe River after a reported hydrofluoric
acid leak at a Spruce Pine quarry, state officials say.
North Carolina Department of Environmental Quality (NCDEQ) Regional
Supervisor Landon Davidson said the leak happened at Quartz Corp. on
Sunday afternoon.
Quartz Corp. in Spruce Pine on Tuesdar, Ao '018. (Photo credit WLOS Stafn
"There was discharge from a hydrofluoric acid valve on the storage container
that overflowed into a secondary containment tray that catches spills or leaks,"
Davidson said. "That mixed with their normal effluent (wastewater) discharge."

Davidson said onsite reports indicate there wer 40-50 ead fish near the
Riverside Park area in Spruce Pine on Monday.
Tuesday, moms Katrina Benfield and Nikki Bennett returned to the river with
their children. They said they had all been swimming in the North Toe about 4
p.m. when they began to see dead fish float around them and wash ashore.
"I'm not happy at all," Benfield said. "I had my children in here. They fish, we
eat the fish."
Bennett said everyone got out of the water as soon as they saw the dead fish.
"My daughter actually picked one up and said the scales looked like they had
been burnt," she said.
The women said they saw a man on the pedestrian bridge over the river at
Riverside Park on Sunday with a bucket. They said he seemed to be testing
the water.
"About 30 minutes to 45 minutes later, that's when we started seeing the dead
fish," Bennett said.
According to an enforcement history report of the facility, there have been six
violation cases against Quartz Corp. since 1981.

DWR Incident Report
Maw of water iemurtxs Report Number: 201801004
Incident Type :
Non -Compliance Reporting
On -Site Contact:
Category
Discharge
First/Mid/Last Name
Incident Started :
07115/2018
Company Name
Country:
Mitchell
Phone:
Cam:
Pager/Mobile Phone
Farm 0 :
Responsible Party
Owner
Reported By
Permit
First/Mid/Last Name : James Garafola
Facility
Company Name
First Name
Address
Middle Name:
Last Name
City/State/Zip
Address:
Phone:
Page/Mobile Phone: /
City/State/Zip
Phone:
Material Category:
Estimated city: UOM:
Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal
Position Method
Latitude :
Position Accuracy
Longtitude :
Position Datum :
Location of Incident: Quartz Corp-Altapass Effluent
Address:
City/State/Zip
Report Created 7/20/18 2:15 pm Page: 1

Cause/Observation : Directions
PH probe indicated low pH;
Did the Material reach the surface Water? Unknown- Conveyance
.Surface Water Name ?:
Did the Spill result in a FISh Kill? . Unknown : Estimated, Number of fish?
If.the Spill was from a storage tank indicate type: (Above Ground or Under Ground)
Containment?' Unknown .
Cleanup Complete? Unknown .
Water Supply Wells within 1500ft Unknown Groundwater Impacted : Unknown

Access to Farm
Farm accessible from the main road?
❑Yes
No
❑
NA
❑
NE
Animal Population
Confined?
❑ Yes
❑
No
❑
NA
❑
NE .
Depop?
El Yes
❑
No
❑
NA
El
Feed Available?
0 Yes
N.o
❑
: NA'
El
NE
Mortality?
ElYes,❑No
❑NA
El
NE
Spray Availability
Pumping equipment? ,.
❑Yes
❑
No
❑
NA
❑
NiE
Available Fields?
❑Yes
0
No .'
❑
NA'
❑
NE
Structure'Questions
Breached?
Yes
El
No
❑
NA
`❑.
NE
Inundated?
❑Yes
No
NA
❑..NE
Oveitoppeii?
❑ Yes
No .
❑
NA
:. ❑..
NE
Water on outside wall? .
❑ Yes
0
No
ElNA
0
'NE
Poor dike conditions?
❑ Yes
❑
No
❑
- NA
0
'NE
Event.Type
Event Date
Due Date
Comment
Referred to Regional Office= Primary Contact
Report Entered
2018/07/16 ' 10:53:53
Report Received
2018/07/16 10:=00
Incident Start
2018/07/15. 2:00,00
Standard Agencies Notified
Agency Name :Phone
First Name
M.I.
Last Name
Contact Date
Report. Created 7/20/18
3
2,15 pm
page:

If yes, What additional information is needed?

Permit Number: NC0000353
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL
During the period beginning on the effective date of the permit and lasting until expiration, the Pemdttee
is authorized to discharge process wastewater from outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthlv
Average
Daily
Maximum
Measurement
Sample
Type
Sample
Location'
Frequency
Flow
3.5 MGD
Continuous
Recording
I or E
Total Fluoride
174 lb/day
348 lb/day
Weekly
Composite
E, U, D
Total Suspended Solids
1568 lb/day
3137 lb/day
Weekly
Composite
E, U, D
Settleable Solids
Weekly
Grab
E
Turbidity)
Weekly
Grab
E, U, D
pH3
Weekly
Grab
E, U, D
Chloride4
Quarterly
Composite
E
Chronic Toxicitys
Quarterly
Composite
E
Notes:
1. Sample locations: E- Effluent, I- Influent, U-upstream at Feldspar's low water bridge, D-
downstream at footbridge in Spruce Pine. Instream samples shall be grab samples and shall be
conducted weekly.
2. This discharge shall not cause the turbidity of the receiving waters to exceed 10 NTU. If the
turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in
turbidity of the receiving stream. See Special Condition A.(5).
3. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units.
4. Chloride shall be monitored quarterly during the same months as toxicity testing.
5. Chronic Toxicity (Ceriodaphnia) Pass/Fail at 11.0%: January, April, July and October. See
Special Conditions A (2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

The
Incident
North Carolina Department of Environment Quality
QWR
DWan of Watt. Resources
(Please Print or Type Use Attachments if Needed)
. C%W. rrriarw7o I Time:
Date: 7/15/2018 Time:
[]None OPrimary Treatment OSecondary Treatment ❑Chlorination/Disinfection Only
— .ulume or opuutsypass: 382k gallons of total
be given even if it is a lough estimate)
please list the following
of total effluent during time per
Did the SpilUBypass result in a
Was WWTP compliant with DO
Were samples
North Toe River at discharge point 001
Floatation plant upset
Water
that did not meet parameters
ex, outo mane orwcaonc Taken:
-- - _
review of equipment and install as determined, training, procedural changes
additional treatment at the time of incident
All equipment Involved was inspected and employees retrained
Downstream Ph readings were taken and samples stored are as follows:
3.04pm6.4 4:50pm6.3 6:40pm6.8 8:22pm6.8 9:51 pm6.9 11:15pm 7.1

North Carolina Department of Environment Quality
24-Hogur ementReport Made To. ❑Division of Water Resources ❑ immediate to regional Emergency
mana
Contact Name: Daniel Boss/Linda Wiggs Date: 7/15/2018 Time:
Other Agencies Notified (Health Dept, etc): Town Of Spruce Pine 8'21pm/5:53pm
Person Reporting Event:Glenn Young/Jim Phone Number:828 4671537
Garofalo
Did DWR Request an Additional Written Report? ❑No
If Yes, What Additional Information is Nonrin i•
As a representative for the responsible party I certify that the information contained in this rp ort is
true and accurate to the best of my knowledge.
Person Submitting Claim: James Garofalo -- -
Signature: /f -
rAiP

r
f
§ 143-215.3. General powers of Commission and Department; auxiliary powers.
(a) Additional Powers. — In addition to the specific powers prescribed elsewhere in this
Article, and for the purpose of carrying out its duties, the Commission shall have the power:
(1), To make rules implementing Articles 21, 21A, 21B, or 38 of this Chapter.
(la) To adopt fee schedules and collect fees for the following:
a. Processing of applications for permits or registrations issued under
Article 21, other than Parts 1 and 1A, Articles 21A, 21B, and 38 of
this Chapter;
b. Administering permits or registrations issued under Article 21, other
than Parts 1 and 1A, Articles 21A, 21B, and 38 of this Chapter
including monitoring compliance with the 'terms of those permits;
.and
C. Reviewing, processing, and publicizing applications for construction
grant awards under the Federal Water Pollution Control Act.
No fee may be charged under this provision, however, to a farmer who
submits an application that pertains to his farming operations.
(lb) The fee to be charged pursuant to G.S. 143-215.3(a)(1a) for processing an
application for a permit under G.S. 143-215.108 and G.S. 143-215.109 of
Article 21B of this Chapter may not exceed five hundred dollars ($500.00).
The fee to be charged pursuant to :G.S. 143-215.3(a)(1a) for processing a
registration under Part 2A of this Article or Article 38 of this Chapter may
not exceed fifty dollars ($50.00) for any single registration. An additional
fee of twenty percent (20%) of the registration processing fee may be
assessed for a late registration under Article 38 of this Chapter. The fee for
administering and compliance monitoring under Article 21, other than Parts
1 and 1A, and G.S. 143-215.108 and G.S. 143-215.109 of Article 21B shall
be charged on an annual basis for each year of the permit term and may not
exceed one thousand five hundred dollars ($1,500) per year. Fees for
processing all permits under Article 21A and all other sections of Article
21B shall not exceed one hundred dollars ($100.00) for any single permit.
The .total payment for fees that are set by the Commission under this
subsection for all permits for any single facility shall not exceed seven
thousand five hundred dollars ($7,500) per year, which amount shall include
all application fees and fees for administration and compliance monitoring.
A single facility is defined to be any .contiguous area under one ownership
and in which permitted activities occur. For all permits issued under these
Articles where a fee schedule is not specified in the statutes, the
Commission, or other commission specified by statute shall adopt a fee
schedule in a rule following the procedures established by the
Administrative'Procedure Act. Fee schedules shall be established to reflect
the size of the emission or discharge, the potential impact on , the
environment, the staff costs involved, relative costs of the issuance of new
permits and the reissuance of existing permits, and shall include adequate
safeguards to prevent unusual fee assessments which would result in serious
economic burden on an individual applicant. A system shall be considered to
allow consolidated annual payments for persons with multiple permits. In its
rulemaking to establish fee schedules,, the Commission, is also directed to
consider a method of rewarding facilities which achieve full compliance
with administrative and self -monitoring reporting requirements, and to
G.S. 143-215.3
Page 1

consider, in those cases where the cost of renewal or amendment of a permit
is less than for the original permit, a- lower fee for the renewal or
amendment.
(lc) Moneys collected pursuant to G.S. 143-215.3(a)(la) shall be used to:
a. Eliminate, insofar as possible, backlogs of permit applications
awaiting agency action;
b. Improve the quality of permits issued;
C. Improve the rate of compliance of permitted` activities with
environmental standards; and
d. Decrease the length of the processing period for permit applications.
(ld) The Commission may adopt and implement a graduated fee schedule
sufficient 'to cover all direct and indirect costs required for the State to
develop and administer a permit program which meets the requirements of
Title V. The provisions of subdivision (lb) of this subsection do not apply, to
the adoption of a fee schedule under this subdivision. In adopting and
implementing a fee schedule, the Commission shall require that the owner or
operator of all air contaminant sources subject to the requirement to obtain a
permit under Title V to pay an annual fee, 'or the equivalent over some other
period, sufficient to cover costs as provided in section 502(b)(3)(A) of Title
V. The fee schedule shall be adopted according to the, procedures set out in
Chapter 150B of the'General Statutes.
a. The total amount of fees collected under the fee schedule adopted
pursuant to this subdivision shall conform to the requirements of
section 502(b)(3)(B) of Title V. No fee shall be collected for more
than 4,000 tons per year of any individual regulated pollutant, as
defined in section 502(b)(3)(B)(ii) of Title V, emitted by any source.
Fees collected pursuant to this subdivision shall be credited to the
Title V Account.
b. The Commission may reduce any permit fee required under this
section to take into account the financial resources of small business
stationary sources as defined under Title V and regulations
promulgated by the United States Environmental Protection Agency.
C. When funds in the Title V Account exceed the total amount
necessary to cover the cost of the Title V program for the next fiscal
year, the Secretary shall reduce the amount billed for the next fiscal
year so that the excess funds are used to supplement the cost of
administering the Title V permit program in that fiscal year.
(le) The Commission. shall collect the application, annual, and project fees for
processing and administering permits, certificates of coverage under general
permits, and certifications issued under Parts 1 and lA of this Article and for
compliance monitoring under Parts 1 and lA of this Article as provided in
G.S. 143-215.3D and G.S. 143-215.1OG.
(2) To direct that such investigation be conducted as it may reasonably deem
necessary to carry out its duties as prescribed by this Article or Article 21A
or Article 21B of this Chapter, and for this purpose to enter at reasonable
times upon any property, public or private, for the purpose of investigating
the condition of any waters and the discharge therein of any sewage,
industrial waste, or other waste or for the purpose of investigating the
condition of the air, air pollution, air contaminant sources, emissions, or the
G.S. 143-215.3 Page 2

installation and operation of any air -cleaning devices, and to require written
statements or the filing of reports under oath, with respect to pertinent
questions relating to the operation of any air -cleaning device, sewer system,
disposal system, or treatment works. In the case of effluent or emission data,
any records, reports, or information obtained under this Article or Article
2 1 A or Article 2 1 B of this Chapter shall be related to any applicable effluent
or emission limitations or toxic, pretreatment, or new source performance
standards. No person shall refuse entry or access to any authorized
representative of the Commission or Department who requests entry for
purposes of inspection, and who presents appropriate credentials, nor shall
any person obstruct, hamper or interfere with any such representative while
in the process of carrying out his official duties.
(3) To conduct public hearings and to delegate the power to conduct public
hearings in accordance with the procedures prescribed by this Article or by
Article 21 B of this Chapter.
(4) To delegate such of the powers of the Commission as the Commission
deems necessary to one or more of its members, to the Secretary or any other
qualified employee of the Department. The Commission shall not delegate to
persons other than its own members and the designated employees of the
Department the power to conduct hearings with respect to the classification
of waters, the assignment of classifications, air quality standards, air
contaminant source classifications, emission control standards, or the
issuance of any special order except in the case of an emergency under
subdivision (12) of this subsection for the abatement of existing water or air
pollution. Any employee of the Department to whom a delegation of power
is made to conduct a hearing shall report the hearing with its evidence and
record to the Commission.
(5) To institute such actions in the superior court of any county in which a
violation of this Article, Article 21B of this Chapter, or the rules of the
Commission has occurred, or, in the discretion of the Commission, in the
superior court of the county in which any defendant resides, or has his or its
principal place of business, as the Commission may deem necessary for the
enforcement of. any of the provisions of this Article, Article 21B of this
Chapter, or of any official action of the Commission, including proceedings
to enforce subpoenas or for the punishment of contempt of the Commission.
(6) To agree upon or enter into any settlements or compromises of any actions
and to prosecute any appeals or other proceedings.
(7) To direct the investigation of any killing of fish and wildlife which, in the
opinion of the Commission, is of sufficient magnitude to justify
investigation and is known or believed to have resulted from the pollution of
the waters or air as defined -in---this--Article, and whenever any -person,
whether or not he shall have been issued a certificate of approval, permit or
other document -of approval authorized by this or any other State law, has
negligently, or carelessly or unlawfully, or willfully and unlawfully, caused
pollution of the waters or air as defined in this Article,- in such quantity,
concentration or manner that fish or wildlife are killed as the result thereof,
the Commission, may recover, in the name of the State, damages from such
person. The measure of damages shall be the amount determined by the
Department and the North Carolina Wildlife Resources Commission,
G.S. 143-215.3
Page 3

(aJ
whichever has jurisdiction over the fish and wildlife destroyed to be the
replacement cost thereof plus the cost of all reasonable and necessary
investigations made or caused to be made by the State in connection
therewith. Upon receipt of the estimate of damages caused, the Department
shall notify the persons responsible for the destruction of the fish or wildlife
in question and may effect such settlement as the Commission may deem
proper and reasonable, and if no settlement is reached within a reasonable
time, the Commission shall bring a civil action to recover such damages in
the superior court -in the county in which the discharge took place. Upon
such action being brought the superior court shall have jurisdiction to hear
and determine all issues or questions of law or fact, arising on the pleadings,
including issues of liability and the amount of damages. On such hearing, the
estimate of the replacement costs of the fish or wildlife destroyed shall be
prima facie evidence of the actual replacement costs of such fish or wildlife.
In arriving at such estimate, any reasonably accurate method may be used
and it shall not be necessary for any agent of the Wildlife Resources
Commission or the Department to collect, handle or weigh numerous
specimens of dead fish or wildlife.
The State of North Carolina shall be deemed the owner of the fish or
wildlife killed and all actions. for recovery shall be brought by the
Commission on behalf of the State as the owner of the fish or wildlife. The
fact that the person or persons alleged to be responsible for the pollution
which killed the fish or wildlife holds' or has held a certificate of approval,
permit or other document of approval authorized by this Article or any other
law of the State shall not bar any such action. The proceeds of any recovery,
less the cost of investigation, shall be used to replace, insofar as and as
promptly as possible, the fish and wildlife killed, or in cases where
replacement is not practicable, the proceeds shall be used -in whatever
manner the responsible agency deems proper for improving the fish and
wildlife habitat in question. Any such funds received are hereby
appropriated for these designated purposes. Nothing in this paragraph shall
be construed in any way to limit or prevent ' any other action which is now
authorized by this Article.
(8) After issuance of an appropriate order, to withhold the granting of any
permit or permits pursuant to G.S. 143-215.1 or G.S. 143-215.108 for the
construction or operation of any new or additional disposal system or
systems or air -cleaning device" or devices in any area of the State. Such, order
may be issued only upon determination by the Commission, after public
hearing, that the permitting of any new or additional source or sources of
water or air pollution will result in a generalized condition of water or air
pollution within the area contrary to the public interest, detrimental to the
public health, safety, and welfare, and contrary to the policy and intent
declared in this Article or Article 21B of this Chapter. The Commission may
make reasonable distinctions among the various sources of water and air
pollution and may direct that its order shall apply only to those sources,
which it determines will result in a generalized condition of water or -air
pollution.
The determination of the Commission shall be supported by detailed
findings of fact and conclusions set forth in the order and based upon
G.S. 143-215.3' Page 4

competent evidence of record. The order shall describe the geographical area
of the State affected thereby with particularity and shall prohibit the issuance
of permits pending a determination by the Commission that the generalized
condition of water or air pollution has ceased.
Notice of hearing shall be given in accordance with the provisions of G.S.
150B-21.2.
A person aggrieved by an order of the Commission under this subdivision
may seek judicial review of the order under Article 4 of Chapter 150B of the
General Statutes without first commencing a contested case. An order may
not be stayed while it is being reviewed.
(9) If an investigation conducted pursuant to this Article or Article 21B of this
Chapter reveals a violation of any rules, standards, or limitations adopted by
the Commission pursuant.to this Article or Article 21B of this Chapter, or a
violation of any terms or conditions of any permit issued pursuant to G.S.
143-215.1 or 143-215.108, or special order or other document issued
pursuant to G.S. 143-215.2 or G.S. 143-215.110, the Commission may
assess the reasonable costs of any investigation, inspection or monitoring
survey which revealed the violation against the person responsible therefor.
If the violation resulted in an unauthorized discharge to the waters or
atmosphere of the State, the Commission may also assess the person
responsible for the violation for any actual and necessary costs incurred by
the State in removing, correcting or abating any adverse effects upon the
water or air resulting from the unauthorized discharge. If the person
responsible for the violation refuses or fails within a reasonable time to pay
any sums assessed, the Commission may institute a civil action in the
superior court of the county in which the violation occurred or, in the
Commission's discretion, in the superior court of the county in which such
person resides or has his or its principal place of business, to recover such
SUMS.
(10) To require a laboratory facility that performs any tests, analyses,
measurements, or monitoring required under this Article or Article 21B of
this Chapter to be certified annually by the Department, to establish
standards that a laboratory facility and its employees must meet and
maintain in order for the laboratory facility to be certified, and to charge a
laboratory facility a fee for certification. Fees collected under this
subdivision shall be credited to the Water and Air Account and used to
administer this subdivision. These fees shall be applied to the cost of
certifying commercial, industrial, and municipal laboratory facilities.
(11) Repealed by Session Laws 1983, c. 296, s. 6.
(12) To declare an emergency when it finds that a generalized condition of water
or air pollution which is causing imminent danger to the health or safety of
the public. Regardless of any other provisions of law, if the Department
finds that such a condition of water or air pollution exists and that it creates
an emergency requiring immediate action to protect the public health and
safety or to protect fish and wildlife, the Secretary of the Department with
the concurrence of the Governor, shall order persons causing or contributing
to the water or air pollution in question to reduce or discontinue immediately
the emission of air contaminants or the discharge of wastes. Immediately
after the issuance of such order; the chairman of the Commission shall fix a
G.S. 143-215.3
Page 5