NCG080715_NOV_20180316

y ROY COOPER
IY
Governor
MICHAEL S. REGAN
C. Secretary
Energy, Mineral WILLIAM E. (TOBY) VINSON, JR.
and Land Resources Interim Director
ENVIRONMENTAL QUALITY
March 16, 2018
CERTIFIED MAIL: 7012 3050 0001 9398 7249
RETURN RECEIPT REQUESTED
Smithfield Foods, Inc.
Attn: Keith Bailey
111 North Church Street
Smithfield, VA 23430
Subject: NOTICE OF VIOLATION (NOV-2018-PC-0087)
NPDES Stormwater General Permit NCG080000
Smithfield Foods, Inc.
C.R. England Transport, Certificate of Coverage NCGO80715
Bladen County
Dear Mr. Bailey:
On March 13, 2018, Mike Lawyer, Environmental Program Consultant, with the Fayetteville Regional Office
of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the C.R.
England Transport facility located at 16491 NC Highway 87 West, Tar Heel, Bladen County, North Carolina.
A copy of the Compliance Inspection Report is enclosed for your review. Mr. Gary Bradshaw, Service
Manager, and Mr. Jorge Carrasco 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 NCG080000 under Certificate of Coverage NCG080715. Permit coverage
authorizes the discharge of stormwater from the facility to receiving waters designated as Cape Fear River, a
Class WS-IV;CA waterbody in the Cape Fear River Basin.
As a result of the site inspection, the following permit conditions violations are noted:
1) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
2) Analytical Monitoring
Analytical monitoring has not been conducted and 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.
Requested 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.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910-433-3300

Thank you for your attention to this matter. This office requires that the violations, as noted above and
detailed in the enclosed inspection report, 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 Mike Lawyer or myself at [phone].
Timothy L. LaBounty, PE
Regional Engineer
DEMLR
TUml
Enclosure
ec: Gary Bradshaw, Service Manager — C.R. England Transport
Annette Lucas, PE, Program Manager — DEMLR, Stormwater Permitting. Program
Laura Alexander, Administrative Assistant — DEMLR, Stormwater Permitting Program
cc: FRO — DEMLR, Stormwater Files

Compliance Inspection Report
Permit: NCGO80715 Effective: 11/01/12 Expiration: 10/31/17 Owner : Smithfield Foods Inc
SOC: Effective: Expiration: Facility: C.R. England Transport
County: Bladen 16491 NC Hwy 87 W
Region: Fayetteville
Tar Heel NC 28392
Contact Person: Gary Bradshaw Title: Service Manager Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Rep rasentative(s):
On -site representative Gary Bradshaw 910-241-6301
Related Permits:
Inspection Date: 03/13/2018 Entry Time: 9:50AM
Primary Inspector: Mike Lawyer
Secondary Inspector(s):
Exit Time: 11:15AM
Phone: [phone] ExV?9',
33 9Y
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Transportation wNehicie Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC
Facility Status: Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG080715 Owner - Facility: Smithfield Foods Inc
Inspection Date: 03/13/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection scheduled with Mr. Gary Bradshaw, Service Manager, to determine the facility's compliance with the conditions of
NPDES Stormwater General Permit NCG080000. Facility's permit coverage could not be automatically renewed and
technically expired on October 31, 2017 due to an unpaid annual fee for 2015. A copy of the renewal letter dated October 16,
2017 as well as a copy of the overdue invoice were provided to Mr. Bradshaw so that the fee could be paid and permit
coverage renewed.
Along with Mr. Bradshaw, Mr. Jorge Carrasco took part in the inspection. The facility's Stormwater Pollution Prevention Plan
(SPPP) was provided for review. The current SPPP was developed in 2013 and contains all permit -required components with
the exception of documentation of an annual review/update per Part II, Section A, item 7 of the NCG080000 permit. Copies
of the facility's monthly site inspection checklist and annual employee training records were also reviewed. A lab report from
a stormwater discharge monitoring event in the second half of 2013 was presented, which showed no exceedance of the
benchmark values for the discharge characteristics in the permit. The monitoring results were not submitted on a DMR as
required by the permit. Per Mr. Bradshaw, monitoring was not conducted in 2014, 2015, 2016 or 2017 per the conditions of
the permit. After the records review, observations were made of the facility's vehicle maintenance shop, secondary
containment area for diesel tanks, fueling island and single stormwater discharge outfall. Applicable secondary containment
requirements for the totes located at the fueling island as well as an appropriate stormwater discharge sampling location
was discussed.
At the completion of the inspection, Mr. Bradshaw was informed that a Notice of Violation would be issued concerning the
monitoring conditiohs of the permit.
Page: 2

Permit: NCGO80715 Owner - Facility: Smithfield Foods Inc
Inspection Date: 03/13/2018 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?
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
■ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
■ ❑ ❑ ❑
# 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?
N❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ 0 ❑ ❑
# Does the Plan include a BMP summary?
N ❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑ ❑ ❑
# Does the facility provide and document Employee Training?
❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
N❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑ ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
N ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
N❑ ❑ ❑
Comment: Facility's SPPP lacks documentation of an annual review/update per Part II
Section A item 7 of
the NCG080000 permit. Several totes of liquid product located at the fueling
island were
observed without applicable secondary containment.
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment: No records of Qualitative Monitoring available for review.
Yes No NA NE
❑■❑❑
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ N ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ 0 ❑ ❑
Comment: Analytical monitorinq was conducted in the second half of 2013 as evidenced by a lab report
however the results were not submitted on a DMR as required by the permit Monitoring was not
conducted in 2014, 2015, 2016 or 2017.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑N ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑
Comment: An annual re -certification that the stormwater outfall has been evaluated for any non-stormwater
discharges as required under Part II, Section A item 7 of the NCG080000 permit has not been
documented.
Page: 3