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Home My WebLink AboutNCG500221_Regional Office Historical File Pre 2018Environmental Quality November 7, 2017 CERTIFIED MAIL # 70151370 0000 2595 7320 RETURN RECEIPT REQUESTED Mr. Steven Ryan, Plant Manager IMC-MetalsAmerica, LLC. 135 Old Boiling Springs Road Shelby, NC 28152 Dear Mr. Ryan: ROY COOPER � Governor MI-G AEI: S. REGAN Secretory LINDA CULPEPPER Interim Director Subject: Notice of Violation Compliance Evaluation Inspection NOV-2017-PC-0693 IMC-MetalsAmerica, LLC. NPDES Permit No. NCG500221 Cleveland County Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the subject facility on November 2, 2017 by Mr. Ori Tuvia. Your representative Scott Lankas cooperation during the site visit was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report. Two main areas of concern were observed during the inspection: 1) At the time of the inspection, the facility staff was unable to indicate the location of the boiler blowdown discharge. 2) At the time of the inspection, the facility did not have any sampling records for pH, flow and temperature as required. Sampling records must be kept for a minimum of 3 years. In order to address these issues, sampling should be conducted on days when the boiler is in use and there is no precipitation. The sampling location should be at the same point storm water sampling is collected. Mooresville Regional Office Location: 610 East Center Ave„ Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663.60401 Customer Service:1.877=623-6748 E'nvironmen tal Quality ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER I Interim Director The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ori Tuvia at (704) 235-2190, or at ori.tuviana,ncdenr. gov. Sincerely, W. Corey Basinger Regional Supervisor Mooresville Regional Office Division of Water Resources cc: NPDES (Derek Denard) MRO Files Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 1_.--- I. ....... _......__.._: __ F, United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fee Type 1 IN 2 15 1 3 I NCG500221 1.11 12 17/11/02 17 18 ICI 19 I s I 20I I 21111.1111111111111111111111111111111111� f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA Reserved 67 1.0 70 71 72 LNJ 731 751 1 1 1 1 1 1J80 Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:OOPM 17/11/02 15/11/19 IMC-MetalsAmerica, LLC 135 Old Boiling Springs Rd Exit Time/Date Permit Expiration Date Shelby NC 28152 01:15PM 17/11/02 20/07/31 Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data /// Scott Lankas/1704-692-3057! Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Steve Ryan,135 Old Boiling Springs Rd Shelby NC 28152/Plant Man ager/704-471-6505/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Ori A Tuvia MRO WQ//704-663-1699/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W. Corey Basinger MRO WQ//704-235-2194/ EPA Form 60-3 (Rev 9-94) Previous edit ns are obsolete.Afto DEW 1A- Page# NPDES yr/mo/day Inspection Type 31 NCG500221 121 1 7/l 1/02 17 18 ICI Section D: Summary of Finding/Comments (Attach additional -sheets of narrative and checklists as necessary) Page# 2 F Permit: NCG500221 Owner - Facility: IMC-MetalsAmerica, LLC Inspection Date: 11/02/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ M ❑ application? Is the facility as described in the permit? M ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ 0 ❑ ❑ Is all required information readily available, complete and current? ❑ 0 ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ M ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ E ❑ Is the chain -of -custody complete? ❑ ❑ M ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ❑ ❑ M ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑ (If the.facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ M ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ M ❑ Is a copy of the current NPDES permit available on site? M ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: No sampling recordes were avilable for review at the time of the inspection. pH sampling was done during the inspection. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Page# 3 Permit: NCG500221 Owner - Facility: IMC-MetalsAmerica, LLC Inspection Date: 11/02/2017 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑' ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The following processes are present at the facility: Air Compressor — oily water from the air compressor flows to the floor of the basement liquids are pumped into two tanks capable of holding up to 13,000 gallons Heritage Crystal pumps out said tanks Bi-monthly averaging approximately 4,500 Gallons. Cooling Towers - new cooling towers installed at the facility coolers are closed loop with no discharge: only discharge during maintenance. Maintenance related discharge goes into wastewater collection system treated by the city of Shelby. Boiler — boiler is used once a week. Blowdown from the boiler goes into the storm water system. Boiler must be sampled semi-annually for PH. Flow and temperature. PH calibration standards were out of date at the time of the inspection. At the time of the inspection facility staff was instructed as to how to properly calibrate, sample and record the required sampling. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ M ❑ Is sample collected below all treatment units? ❑ ❑ 0 0 Is proper volume collected? ❑ ❑ 0 ❑ Is the tubing clean? ❑ ❑ 0 ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type ❑0 ❑ ❑ representative)? Comment: Facility does not test for DH, flow and temperature like it is required. Samplinq will be conducted bi-annually on day when the boiler is used and there is no precipitation. The sampling location should be at the same point storm water sampling is collected. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ 0 ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ 0 ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ N ❑ Comment: Effluent location was not identified at the time of the inspection. facility staff must find the discharge location of boiler blowdown. Page# 4 C2� Environmen t-al Quality November 20, 2015 Mr. Steven Ryan, Plant Manager IMC-MetalsAmerica, LLC. 135 Old Boiling Springs Road Shelby, NC 28152 PAT M.C.CRORY CoYetrtnr D.ONALD R. VA DER'.VA:ART Secretary Subject: Notice of Deficiency Compliance Evaluation Inspection NOD-2015-PC-0287 IMC-MetalsAmerica, LLC. NPDES Permit No. NCG500221 Cleveland County Dear Mr. Ryan: Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the subject facility on November 19, 2015 by Mr. Ori Tuvia. Your representative Jeff Adeholdt cooperation during the site visit was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report. Two main areas of concern were observed during the inspection: 1) The average PH sampled of the boiler blowdown was 9.5, higher than the required range of 6-9. 2) The facility does not test for flow and temperature like it is required. In order to address these issues sampling should be conducted on day when the boiler is used and there is no precipitation. Sampling location, in order to let the temperature of the water and the PH settle down, should be at the same point storm water sampling is collected. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ori Tuvia at (704) 235-2190, or at ori.tuviakncdenr.2ov. Sincerely, �4+tom Michael L. Parker Regional Supervisor Pr Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, DEQ Enclosure: Inspection Report cc: MSC 1617-Central Files/Baserrient Cleveland County Health Department Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 1 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day 'Inspection Type Inspector Fac Type 1 IN 2 15 1 3 I NCG500221 I11 12 15,11/19 17 181r.1 191 c I 20Lj 211I I l l l i I I �I I II l l l i l i l l l l l l i l l l l l l l II I I f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 67 73I 74 75 1 1 1 1 1 72 LNJ 1.0 70 [aJ 71 [li 80 Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30AM 15/11/19 15/11/19 IMC-MetalsAmerica, LLC Exit Time/Date permit Expiration Date 135 Old Boiling Springs Rd Shelby NC 28152 11:00AM 15/11/19 20/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jeff Aderholdt//704-471-6528 / Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Steve Ryan,135 Old Boiling Springs Rd Shelby NC 28152/Plant No Managerf704-471-6505/ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenanct: Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Ori A Tuvia MRO WQ/f704-663-1699/ Signature of Management Q A Review Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day 31 NCG500221 I11 121 15/11/19 I17 Inspection Type 18 lCl Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NCG500221 Owner -Facility: IMC-MetalsAmerica, LLC Inspection Date: 11/19/2015 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ M ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? i ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ 0 ❑ ❑ Is all required information readily available, complete and current? ❑ S ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ M ❑ Is the chain -of -custody complete? ❑ ❑ M ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ❑ ❑ ® ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ M ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24n with a certified operator ❑ ❑ ® ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ M ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ 0 ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ M ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ M ❑ Comment: Monthly Sampling of boiler been done for PH, no sampling been done for flow or tempertaure. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ 0 ❑ Page# 3 Permit: NCG500221 Inspection Date: 11/19/2015 Owner -Facility: IMC-MetalsAmerica, LLC Inspection Type: Compliance Evaluation Laboratory Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees? Comment: Sampling done inhouse sampels are then iced and sent to shealby lab for testing. Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Yes No NA NE ❑ ❑ N ❑ ❑ ❑ N ❑ ❑ ❑ N ❑ ❑ ❑ ■ ❑ ❑ ❑ M ❑ Yes No NA NE ❑ ❑ ❑. ❑ ❑ ■ ❑ Comment: The following processes are present at the facility: Air Compressor — oily water from the air compressor flows to the floor of the basement, liquids are pumped into two tanks capable of holding up to 13,000 gallons. Heritage Crystal pumps out said tanks Bi-monthly averaging approximately 4,500 Gallons. Cooling Towers- new cooling towers installed at the facility coolers are closed loop with no discharge: only discharge during maintenance. Maintenance related discharge goes into wastewater collection system treated by the city of Shelby. Boiler — boiler is used once a week. Blowdown from the boiler goes into the storm water system. Boiler is sampled for PH, no sampling been done for Flow or temperature. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Yes No NA NE ❑ ❑ ■ ❑ M ❑ ❑ ❑ ❑ ❑ N ❑ ❑ ❑ E ❑ ❑ ❑ ■ ❑ Is the facility sampling performed as required by the permit (frequency, sampling type ❑ 0 ❑ ❑ representative)? Comment: Facility does not test for flow and temperature like it is required. Sampling will be conducted bi-annually. on day when the boiler is used and there is no precipitation. Sampling location, in order to let the temperature of the water and the PH settle down, should be at the same point storm water sampling is collected. Page# 4 Weaver, Charles From: Weaver, Charles GOC ✓ A, Sent: Thursday, November 19, 2015 10:15 AM To: 'dick@imc-group.com' Cc: 'dick@imc-ma.com'; 'david@imc-ma.com' Subject: renewal of NCG500221 / IMC-MetalsAmerica Attachments: NCG50 Final 093015.pdf, Technical Bulletin - NCG500000 2015.doc Importance: High Attached you will find the updated version of NPDES General Permit NCG500000, effective 10/1/2015. Discard any previous versions of the General Permit and use this version until further notice. You do not need a reprinted Certificate of Coverage, as the one issued to you in 2007 is still applicable. Thank you for your patience during the longer -than -expected renewal period. If you have any questions about this matter, simply reply to this message. Charles H. Weaver Environmental Specialist N.C. Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 charles.weaver(aMcdenr.gov (physical address) 512 North Salisbury Street, Raleigh, NC 27604 (mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617 --"Nothing Compares . _ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECE!V ED IN C D EN R I DVU R s• u' b WOROS M0ORE5�1!LL.E RF ,!ONIALOFFICE 1 Weaver, Charles From: Microsoft Outlook To: dick@imc-ma.com; david@imc-ma.com Sent: Thursday, November 19, 2015 10:16 AM Subject: Relayed: renewal of NCG500221 / IMC-MetalsAmerica Delivery to these recipients or groups is complete, but no delivery notification was sent by.the destination server: dick(abimc-ma.com (dick(-gbimc-ma.com) david(&imc-ma.com (david(&imc-ma.com) Subject: renewal of NCG500221 / IMCGMetalsAmerica renewal of NCG50a221 / IM... 1 tr# Zlow :: L A�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Richard W. Strachan IMC-MetalsAmerica, LLC 135 Old Boiling Springs Rd Shelby, NC 28152 Dear Permittee: Division of Water Quality Charles Wakild, P.E. Director August 3, 2012 Dee Freeman RECEIVED �cretary DIVISIONS OF IArA, i ER QUANI Y SEP 2 8 2012 SWP ,'d+EC T iON iAOORESVILLE REGIONAL OFFICE Subject: Renewal of coverage / General Permit NCG500000 IMC-MetalsAmerica Certificate of Coverage NCG500221 Cleveland County The Division is renewing Certificate of Coverage (CoC) NCG500221 to discharge under NPDES General Permit NCG500000. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 [or as subsequently amended]. If any parts, measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, the certificate of coverage shall be final and binding. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Mooresville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit, please contact John Hennessy [919 807-6377 or john.hennessy@ncdenr.gov]. Sincerely, Original signed by John Hennessy for Charles Wakild, P.E. cc: 1,11gooresville Regional Office % Sur fice Water Protection NPDES file - _ -- --- - - - — - - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-63001 FAX 919 807-6489 / Internet: wvvw.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Nne orthCarohna Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG500000 CERTIFICATE OF COVERAGE NCG500221 4 , TO DISCHARGE NON -CONTACT COOLING WATER, COOLING TOWER AND BOILER BLOWDOWN, CONDENSATE AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, IMC-MetalsAmerica, LLC is hereby authorized to discharge Boiler Blowdown & Cooling Tower Blowdown from a facility located at IMC-MetalsAmerica 135 Old Boiling Springs Rd Shelby Cleveland County to receiving waters designated as Brushy Creek in subbasin 03-08-04 of the Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This Certificate of Coverage shall become effective August 3, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 3, 2012 Original signed by John Hennessy for Charles Wakild, Director Division of Water Quality By Authority of the Environmental Management Commission COMPLIANCE EVALUATION INSPECTION CHECKLIST DATE:.. ORC: ENTRY TIME: NPDES PERMIT NO: NC00... EXIT TIME: FACILITY NAME: COUNTY: NIET WITH ON -SITE: PERMIT: EFFECTIVE DATE: EXPIRATION DATE: FLOW MEASUREMENT: INSTANTANEOUS/CONTINUOUS-RECORDING/TOTALIZER (IN PERMIT) . EFFLUENT/RECEIVING STREAM: STREAM NAME: SLUDGE DISPOSAL: NON -DISCHARGE PERMIT #:(If Applicable) RECORD KEEPING: LABORATORY: CERTIFICATION (FIELD) #. (pH, TRC, DO; Temp., SS, Cond.) -OPERATION & MAINTENANCENACILITY SITE REVIEW: IMC-MetalsAmerica, LLC 135 Old Boiling Springs Road, Shelby, NC 28152 (phone) 704-471-6505 (fax) 704-471-6513 (email) dickgimc-group.com November 10, 2011 Mrs. Marcia Allocco Division of Water Quality NCDENR 610 East Center Ave., Suite 301 Mooresville, NC 28115 Ref: Tracking #: NOV-2011-PC-0585 Dear Mrs. Allocco, DIVISION OFWq RECEIVED NOV 14 2011 SW, SECTION MOORESVILLE REGIONAL OFFICE Although we were aware of the stormwater runoff sampling required under our Stormwater Discharge Permit, we were unaware of the requirement to sample non -contact cooling water discharges as explained by Mr. Wes Bell during his visit here on November 1, 2011. Mr. Bell explained the requirements of our NPDES Permit No. NCG500221 to me. We utilize an outside laboratory, Shealy Environmental Services Inc. Of Charlotte NC, for sampling and testing of other plant discharges. I will engage them to perform the required semi- annual non -contact cooling water discharge testing as required by the permit and will set up the required files at our facility to comply with the permit requirements. The next sampling will be performed in approximately one month, and semi-annually thereafter. Sincerely, Richard W. Strachan Technical Director IMC-MetalsAmerica, LLC cc: Steven Ryan, Plant Manager r Beverly Eaves Perdue Governor a North Carolina Department of Environment and Natural Resources Mr. Steve Ryan, Plant Manager IMC Metals America 135 Old Boiling Springs Road Shelby, North Carolina 28152 Dear Mr. Ryan: Division of Water Quality Coleen H. Sullins Director November 3, 2011 Subject: Notice of Violation Compliance Evaluation Inspection IMC Metals America NPDES Permit No. NCG500221 Cleveland County, N.C. Tracking #: NOV-201 1 -PC-05 85 Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 1, 2011 by Mr. Wes Bell of this Office. Dee Freeman Secretary This report is being issued as a Notice of Violation (NOV) due to the facility's failures to monitor the effluent which are all violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Effluent Sampling section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day, 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. It is requested that a written response be submitted to this Office by November 25, 2011, addressing the above -noted violations in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. Please be advised that if any chemicals are added to the cooling tower or boiler systems and were not included in the renewal application, then a Biocides Worksheet — Form 101 must be completed (for each chemical) along with the manufacturer's information on the additive. The completed form(s) should be mailed to the following address: Division of Water Quality, Aquatic Toxicity Unit, 1621 Mail Service Center, Raleigh, NC, 27699-1621. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 l Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: http:/Ipoilal.ncdem*.oig;tvebhvq An Equal Opportunity', Affirmative Action Employer — 50% Racycledil O% Post Consumer paper One NorthCarollna A7azza,1�` r Mr. Steve Ryan November 3, 2011 Page Two Should you have questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure: Inspection Report Biocide Worksheet — Form 101 cc: Richard Strachan, IMC Metals America Cleveland County Health Department ON United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15I 31 NCG500221 111 121 11/11/0, 117 18I C I 19I S I 20I_I Remarks 2111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------Reserved--------- -- --- 67 I 1.0 169 70I 1 I 711 N I 721 N I 73 W 74 751 I I I I III 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 11/11/01 07/08/01 IMC-MetalsAmerica, LLC Exit Time/Date Permit Expiration Date 135 Old.Boiling Springs Rd Shelby NC 28152 12:15 PM 11/11/01 12/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Richard W Strachan//704-471-650517044716513 Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Steve Ryan,135 Old Boiling Springs Rd Shelby NC 28152/Plant Manager/704-471-6505/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(*} Agency/Office/Phone and Fax Numbers Date Z� MRO WQ//704-663-1699 Ext.2192/ Wesley N Bell �,° `,' 1 �) { •-; Signature of Management Q A Re sewer, a iZ Agency/Office/Phone and Fax Numbers + at Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 3I NCG500221 111 12I 11/11/0, I17 Inspection Type 18I CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCG500221 Inspection Date: 11/01/2011 Owner - Facility: IMC-MetalsAmerica, LLC Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The facility was reissued the subject permit on 7/30/2007 with an effective date of 8/1/2007. The permit will expire on 7/31/2012. Record Keeping Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Comment: No effluent monitoring has been performed during the entire permit cycle. The permittee and staff should review the entire permit to ensure the facility complies with all permit conditions including the record keeping requirements. Yes No NA NE Yes No NA NE n n n n n n Page # 3 Permit: NCG500221 Owner - Facility: IMC-MetalsAmerica, LLC Inspection Date: 11/01/2011 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ ■ El Are all other parameters(excluding field parameters) performed by a certified lab? n n ■ n # Is the facility using a contract lab? n n ■ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? n n ■ n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n ❑ ■ ❑ Comment: If the facility staff perform any of the permit -required analyses on -site, then the testing procedures must conform with Standard Methods for the Examination of Wastewater, 18th - 20th Editions. All supporting documentation should also be maintained on -site that includes: instrument calibrations, date of analyses, collection/analysis times, sampling location, lab analyst, effluent results, etc. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? n ■ n n Is proper volume collected? n ❑ ■ n Is the tubing clean? n n ■ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? n n ■ n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? n ■ ❑ n Comment: The semi-annual (twice per year) monitoring for flow and effluent pH, temperature and total residual chlorine has not been performed during the entire permit cycle. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n ■ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge, and other that are applicable? Comment: The facility staff indicated that no biocides and/or corrosion inhibitors are added to the cooling tower system. Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? - Yes No NA NE Page # 4 11 PF Permit: NCG500221 Inspection Date: 11101/2011 Flow Measurement - Effluent Owner -Facility: IMC-MetalsAmerica, LLC Inspection Type: Compliance Evaluation Comment: The permit requires semi-annual flow measurements (estimate). The facility staff must ensure that the flow is measured and documented during each effluent sampling event. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent appeared clear with no floatable solids or foam. The effluent is discharged into the stormwater drainage system. The facility staff must ensure that the effluent is sampled prior to the confluence with any other waters or substances, such as stormwater or surface water. Yes No NA NE Yes No NA NE Page # 5