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HomeMy WebLinkAboutNCG200366_ NOV_20230815 ROY COOPER Governor ,� .. as Secretary s WILLIAM E..TQBY VINSON,JR NORTH CAROLINA Interim Director Environmenud Quailty September 21, 2023 CERTIFIED MAIL: 7020 3160 0000 3835 2503 RETURN RECEIPT REQUESTED OmniSource Southeast, LI_C Attn: Mark Gibble, Vice President of Operations 7575 W. Jefferson Blvd. Fort, Wayne, IN 46804 Subject: NOTICE OF VIOLATION (NOV-2023-PC-0488) NPDES Stormwater General Permit NCG200000 OmniSource Southeast, LLC OmniSource Southeast- Fayetteville, Certificate of Coverage NCG2003616 Cumberland County Dear Mr. Gibble: On August 15, 2023, Melissa Joyner and Kelly Jonas from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the OmniSource Southeast - Fayetteville facility located at 446 Glidden Street, Fayetteville, in Cumberland County, North Carolina.A copy of the Compliance Inspection Report is enclosed for your review. Mike Fulk, Plant Manager and Mark Anderson, Environmental Manager were also present during the inspection and their time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG200000 under Certificate of Coverage NCG200366. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Blounts Creek, class C waters in the Cape Fear River Basin. As a result of the site inspection, the following permit conditions violations are noted: 1)Qualitative Monitoring Per Part D, Section D-1...Qualitative monitoring has not been conducted and/or recorded in accordance with permit requirements. 2)Analytical Monitoring Per Part E, Section E-1 -E-4...Analytical monitoring has not been conducted and/or recorded in accordance with permit requirements. Other Observations Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Re uested 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. �� North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources Fayetteville Regional Office i 22.5 Green Street,Suite 714 i Fayetteville,North Carolina 28301 NL:R?Y.CAR�uTf%. o� coremw�enairwairy. 91.0,433.3300 Action Items Immediately conduct and record qualitative and analytical monitoring per the conditions of the permit. Thank you for your attention to this matter. 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 $26,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910)433-3300. Sincerely, 4othy L. LaB u , PE Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report ec: Mike Fulk, Plant Manager—OmniSource Southeast- Fayetteville (via email) Mark Anderson, Environmental Manager—OmniSource Southeast- Fayetteville (via email) Toby Vinson, Jr., PE, CPESC, CPM, Interim Director— DEMLR (via email) Brad Cole, PE, Chief of Regional Operations—DEMLR (via email) Michael Lawyer, CPSWQ—Stormwater Program Supervisor— DEMLR (via email) Kieu Tran, Environmental Specialist, Stormwater Program— DEMLR (via email) DEMLR NPDES Stormwater Permit Laserfiche File cc: FRO—DEMLR Compliance Inspection Report Permit:NCG200366 Effective: 08/01/19 Expiration: 05/31/24 Owner. Omnisource LLC SOC: Effective: Expiration: Facility: OmniSource, LLC-Fayetteville County: Cumberland 445 Glidden St Region: Fayetteville Fayetteville NC 2$301 Contact Person:James Winegar Title: Environmental Manager Phone:919-989-3102 Directions to Facility: System Classifications: SWNC, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): On-site representative Mark Anderson 260-450.-4030 On-site representative Michael Fulk 910-483-1371 Related Permits: Inspection Date: 08/15/2023 Entry pp''Time 08:52AM Exlt Time: 11:30AM Primary Inspector:Melissa A Joyner Crr.Jw _� Phone: Secondary Inspector(s): Kelly Jonas Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Wholesale Trade of Metal Waste and Scrap Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Perrnit: NCG200366 Owner-Facility:Omnisource LLC Inspection date: 08/15/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: Melissa Joyner and Kelly Jonas met with Mike Fulk, Plant Manager and Mark Anderson, Environmental Manager to conduct an industrial stormwater inspection of the OmniSource Southeast-Fayetteville facility. Mr. James Winegar, Environmental Manager, now retired, was a former contact person associated with the permit of this facility. He has now been replaced by Mark Anderson. A NPDES Stormwater Permit Contact Update Request form will need to be completed and submitted with the updated information.This form may be accessed at: https:/Iwww.deq.nc.govlabout/divisions/energy-mineral-and-land-resources/stormwater/stormwater-programinpdes-industrial- program The Stormwater Pollution Prevention Plan (SWPPP)was reviewed. Per the conditions in General Permit NCG200000 this permit is required to be reviewed annually, signed and dated by the reviewer and include the following annual updates.: 1. The Feasibility Study-per General Permit NCG200000, a review of the feasibility of changing methods of operations and/or storage practices to eliminatelreduce exposure of materials and processes to rainfall and run-on flows. If this is not practical, a review of the feasibility of diverting stormwater runoff away from areas of potential contamination.; 2. Evaluation of Outfalls- checking for the presence/non-presence of non-stormwater discharges in the outfalls and certifying the evaluation results. The Qualitative and Analytical Monitoring records were reviewed. In September 2022 (Period 2)-There was an exceedance of the benchmark parameters for Total Suspended Solids(TSS)at Outfall 2 and for Copper(CU)at Outfalls 4 and 5, putting the facility into a Tier One status. Per General Permit NCG200000,Tier One Response/Actions had not occurred. In 2023, (Period 1)no discharge occurred. The facility has not registered for on-line electronic submittal of Discharge Monitoring Report forms (eDMR)and has not submitted hard copies of the Discharge Monitoring Report forms since 2018. Registration for eDMR may be initiated by going to the following link.: https://www.deq.ne.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-programinpdes-industrial- programistormwater-electronic-d ischarge-monitoring-reports-edm r Outfalls 2,4, 5 and 6,aboveground storage tanks and site structural best management practices being utilized by the facility were inspected. Outfall 2 was being sampled off-site of the property.A different on-site location was identified for future sampling at this Outfall.The site map will need to be updated with the new location of Outfall 2. Outfall 3 was no longer being sampled because the drop inlet which had transported water to this outfall had been filled in. This information needs to be included in the SWPPP. Near Outfall 4 metals and tires were on the ground. They should be put on clean pallets, and if possible, put under cover. Open dumpsters with metal were observed which should be provided with covers. Analytical and Qualitative monitoring of Outfall 6 has not been conducted semi-annually per General Stormwater Permit NCG200000 conditions. Page 2 of 3 permit: NCG200366 Owner-Facility:Omnisource LLC Inspection Date: 08/15/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine 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? N ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? E ❑ #Has the facility evaluated feasible alternatives to current practices? 0 ❑ El ❑ #Does the facility provide all necessary secondary containment? #Does the Plan include a BMP summary? E ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? 0 ❑ El EJ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 [l ❑ ❑ #Does the facility provide and document Employee Training? 0 ❑ El ❑ #Does the Plan include a list of Responsible Party(s)? ■ El El El #Is the Plan reviewed and updated annually? El ■ #Does the Plan include a Stormwater Facility Inspection Program? 0 El El El Has the Stormwater Pollution Prevention Plan been implemented? Comment: Qualitative Monitorinq Yes No NA NE Has the facility conducted its Qualitative Monitoring? El 0 0 ❑ Comment: Per the conditions of General Permit NCG200000 the facility has not been conducting its semi-annual Qualitative Monitoring of Outfall 6. Analytical Monitoring Yes Na NA NE Has the facility conducted its Analytical monitoring? ❑ ■ 0 ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Per the conditions of General Permit NCG200000 the facilily has not been conducting its semi-annual Analytical Monitoring of Outfall 6. Permit and Outfalis 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? N ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? El ❑ 0 ❑ #Has the facility evaluated all illicit(non stormwater)discharges? Comment: Page 3 of 3 1 ,� t ,l 1