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HomeMy WebLinkAboutNCG140435_NOVRE & Inspection Report_20200908ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality September 8, 2020 CERTIFIED MAIL: 7019 0700 0000 8867 4841 American Concrete Inc Attn: Gary Stroupe 2698 Mount Home Church Road Morganton, North Carolina 28655 Subject: NOTICE OF VIOLATION (NOV-2020-PC-0405) and RECOMMENDATION FOR ENFORCEMENT NPDES Stormwater General Permit NCG140000 American Concrete, Certificate of Coverage NCG140435 Burke County Dear Mr. Stroupe: On August 24, 2020, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the American Concrete facility located at 2698 Mount Home Church Road, Burke County, North Carolina. A copy of the inspection report is enclosed for your review. The site inspection and file review revealed that the subject facility is covered under NPDES Stormwater General Permit NCG140000 by Certificate of Coverage NCG140435. Permit coverage authorizes the discharge of stormwater and process wastewater from the facility to receiving waters designated as East Prong Hunting Creek, a Class WSAV waterbody in the Catawba River Basin. As a result of the site inspection, the following permit condition violations are noted: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, or properly implemented. (Part III] 2) Stormwater Discharges - Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. [Part IV, Section C] 3) Stormwater Discharges - Analytical Monitoring Requirements Analytical monitoring has not been conducted and recorded in accordance with permit requirements. [Part IV, Section A] Q� North Carolina Department of Environmental Quality I DIAslon of Energy, Mineral and Land Resources _ Asheville Regional office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Notice of Violation American Concrete September 8, 2020 Page 2 of 2 4) Process Wastewater Discharges - Analytical Monitoring Requirements Analytical monitoring of process wastewater associated with industrial activity on site has not been conducted in accordance with permit requirements. [Part IV, Section D] 5) Failure to Mitigate The permittee failed to take all reasonable steps to minimize or prevent any discharge in violation of the General Permit which had reasonable likelihood of adversely affecting human health or the environment. [Part V, Section A, Item 3] Other Observations: Please refer to the enclosed inspection report for additional comments and observations made during the inspection. Required Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Thank you for your attention to this matter. This office is sending a Recommendation for Enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-4500. Sincerely, Stan YE Aiken, PEGA Regional Engineer Land Quality Section Enclosure: Inspection Report ec: Toby Vinson, DEMLR Section Chief toby.vinson(@ncdenr.gov Annette Lucas, Stormwater Program Manager annette.lucasOncdenngov Alaina Morman, Environmental Specialist Alaina.morman@ncderi gov Stormwater Program File Compliance Inspection Report Permit: NCG140435 Effective: 08/01/17 Expiration: 06/30/22 Owner : American Concrete Inc SOC: Effective: Expiration: Facility: American Concrete Inc County: Burke 2698 Mount Home Church Rd Region: Asheville Morganton NC 28655 Contact Person: Gary Slroupe Title: Phone: 828-443-9112 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08/24/2020 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: Entry Time t0:00AM Exit Time: 11:45AM Phone: 828-296-4614 Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® Storm Water (See attachment summary) Page 1 of 3 Permit: NCG140435 Owner- Facility; American Concrete Inc Inspection Date: 08/24/2020 Inspection Type : Compliance Evaluation Reason for Visit: Complaint Inspection Summary On August 24, 2020 this facility was inspected for compliance. I met with Kevin Stroupe and Gary Stroupe on site. During the inspection, the following items were noted: 1) The Stormwater Pollution Prevention Plan has not been developed, maintained, or implemented in accordance with the NCG140000 General Permit. The permittee shall immediately develop and implement the Stormwater Pollution Prevention Plan as outlined in the NCG140000 General Permit. 2) Qualitative monitoring has not been conducted in accordance with the NCG140000 General Permit. The permittee shall immediately begin qualitative monitoring as outlined in the NCG140000 General Permit. 3) Analytical monitoring of stormwater discharges has not been conducted in accordance with the NCG140000 General Permit. The permittee shall immediately begin analytical monitoring as outlined in the NCG140000 General Permit. 4) Analytical monitoring of process water discharges has not been conducted in accordance with the NCG140000 General Permit. The permittee shall immediately begin analytical monitoring of process water discharges as outlined in the NCG140000 General Permit. 5) Secondary containment has not been provided for all bulk storage of liquid materials on site. The permittee shall immediately begin efforts to provide secondary containment for all bulk storage of liquid materials on site. 6) Concrete residue and waste concrete from the industrial process on site was observed in the drainage channel leading from the facility and on the adjacent property. The permittee shall obtain permission from all impacted property owners and remove all offsite material and stabilize all disturbed areas resulting from the removal. Please refer to the enclosed Notice of Violation for further information Page 2 of 3 Permit: NCG140435 Owner- Facility: American Concrete Inc Inspection Date: 08/24/2020 - Inspection Type: Compliance Evaluation Reason for Visit: Complaint Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ 0 ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ 0 ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ 0 ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # Does the Plan include a BMP summary? ❑ 0 ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ 0 ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ ❑ # Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: The Stormwater Pollution Prevention Plan available on site has not been properly developed or implemented. Qualitative Monitorina Yes No NA NE Has the facility conducted its Qualitative. Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Qualitative monitoring has not been conducted in accordance with the NCG140000 General Permit. Analytical Monitorina Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Analvtical monitorina has not been conducted in accordance the the NCG140000 General Permit. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑ # Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑ Comment: Page 3 of 3