NC0000353_NOV and Intent to Assess_20190204

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LINDA CULPEPPER
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NORTH CAROLINA
Environmental Quality
February 4, 2019
CERTIFIED MAIL #7016-2140-0000-4371-2213
RETURN RECEIPT REQUESTED
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 maybe assessed against The Quartz Corp USA pursuant to
NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(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.1. and
Part II 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
November 2018
Page 2 of 5
of Water Resources, the Division hereby makes the following civil penalty assessment against the The
Quartz Corp USA:
$ 2,000 for violation of NPDES Permit NC0000353 Part I. Section A.1. by discharging
effluent that did not meet pH requirements
$_ 4,000 for violation of NPDES Permit NC0000353 Part II. Section C.2. by failing to
properly operate facilities and systems of treatment
$ 4,000 for violation of 15A 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
$ 14,122.97 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 form). 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]
AND
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 date/time 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 e-mail
(j [e-mail]).
•erely,
/
#4%
'
Linda Culpepper
Director, Division of Water Resources
ATTACHMENTS
cc: DWR Asheville Regional Office
NPDES Files w/attachments
Central Files w/attachments

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF MITCHELL
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
THE QUARTZ CORP USA ) STIPULATION OF FACTS
)
)
FOR THE VIOLATION OF A WATER ) FILE NO. LM-2018-0051
QUALITY STANDARD AND
CONDITIONS OF NPDES PERMIT NO.
NC0000353
Having been assessed civil penalties totaling $14,122.97 for violation(s) as set forth in the
assessment 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 in support of a remission request will be allowed after (30)
days from the receipt of the notice of assessment.
This the day of , 2019.
•
SIGNATURE
ADDRESS
TELEPHONE

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.NC0000353 )
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.NC0000353 contains the following relevant permit conditions:
NPDES Permit NC0000353 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 maybe 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:
$ 2/ 00 0 for violation of NPDES Permit NC0000353 Part I. Section A.1.by discharging
effluent that did not meet pH requirements
$ y1 00 0 for violation of NPDES Permit NC0000353 Part II. Section C.2.by failing to
properly operate facilities and systems of treatment
$ 4 000 for violation of 15A 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.
$ Ali 000 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 122.97 Enforcement Cost
$ Hi 12.2 , 1 q 7 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.
LAO 7 ______ _-- -
Date eff Poupart
Division of Water Resources