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HomeMy WebLinkAboutNCG140435_NOV_20180907Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY September 7, 2018 CERTIFIED MAIL: 7017 2620 0000 9759 0171 American Concrete Inc Attn: Gary Stroupe 2698 Mount Home Church Road Morganton, North Carolina 28655 Subject: NOTICE OF VIOLATION (NOV-2018-PC-0329) NPDES Stormwater General Permit-NCG140000 American Concrete Inc, Certificate of Coverage-NCG140435 Burke County Dear Mr. Stroupe: ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. VINSON, JR. Interim Director On July 31, 2018, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources, conducted a site inspection for the American Concrete facility located at 2698 Mount Home Church Road, Burke County, North Carolina. Your time and assistance during the inspection were greatly appreciated. A copy of the Compliance Inspection Report is enclosed for your review. The inspection and file review revealed that the subject facility is covered by NPDES Stormwater General Permit-NCG140000, Certificate of Coverage-NCG 140435. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as the East Prong Hunting Creek, a Class WS-IV waterbody in the Catawba River Basin. As a result of the site inspection, the following permit violation(s) are noted: 1) Stormwater Pollution Prevention Plan (SPPP) Failure to provide and properly implement a Stormwater Pollution Prevention Plan (SWPPP) as outlined in North Carolina General Permit NCG140000 (Part III, sections 1-9) -At the time of the inspection, no Stormwater Pollution Prevention Plan (SWPPP) was available on site. 2) Qualitative Monitoring Failure to conduct Qualitative monitoring as outlined in the NCG 140000 permit (Part IV, Sections A, B, C, and D). -At the time of the inspection, no qualitative data was available on site. 3) Analytical Monitoring Failure to conduct Analytical monitoring as outlined in the NCG140000 permit (Part IV, Sections A, B, C, and D). -At the time of the inspection, no analytical monitoring data was available on site. 4) Site Maintenance Failure to conduct all necessary site maintenance as outlined in the NCG 140000 permit (Part V, Section C). -At the time of the inspection, there was visible off site deposition of sediment and concrete waste in the roadside drainage ditch adjacent to the south side of the facility. -At the time of the inspection, the basins observed were not appropriately maintained. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 2090 US 70111 1 Swannanoa, NC 28778-8211 828 296 4500 T Notice of Violations American Concrete Inc August 16, 2018 Page 2 of 2 5) Good Housekeeping Failure to practice good housekeeping on site as outlined in NCG140000 (Part III, Section 4). -At the time of the inspection, an oily sheen was observed in the runoff and on the ground around waste oil containers, and in the vehicle maintenance area. 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. Thank you for your attention to this matter. This office is considering 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. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violations will be considered in any civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-4500. Sincerely, S anley EE Aike a Regional Engineer Land Quality Section Enclosure ec: Laura Alexander- Administrative Assistant laura.alexander@ncdem.gov Annette Lucas- Program Manager annette.lucasgncdenr.gov State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 2090 US 70 Highway I Swannanoa, NC 28778-8211 828 296 4500 T 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 ail Contact Person: Gary Stroupe Title: Phone: 828443-9112 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 07/31/2018 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: Entry Time: 11:OOAM Exit Time: 12:OOPM Phone: 828-296-4614 Reason for Inspection: Routine 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 Permit: NCG140435 Owner -Facility: American Concrete Inc Inspection Date: 07/31/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On July 30, 2018 this facility was inspected for compliance. I met with Gary Stroupe on site. During the inspection, the following items were noted: 1) No SWPPP was available on site. The facility is directed to create a Stormwater Pollution prevention plan as outlined in North Carolina General Permit NCG140000 (Part III, sections 1-9) and make it available for the next inspection. 2) At the time of the inspection, no Qualitative monitoring reports could be produced. The permitee is directed to immediately implement a stormwater monitoring program as outlined in the NCG140000 permit (Part IV, Sections A, B, C, and D). 3) At the time of the inspection, no Analytical monitoring reports could be produced. The permitee is directed to immediately implement a stormwater monitoring program as outlined in the NCG140000 permit (Part IV, Sections A, B, C, and D). 4) At the time of the inspection, there was visible off site deposition of sediment and concrete waste in the roadside drainage ditch adjacent to the south side of the facility. The permitee is directed to remove all sediment and concrete waste deposited in the drainage ditch and all sediment deposited at the outlet end of the drainage pipe existing under the driveway next to the drainage ditch. 5) At the time of the inspection, the basins were observed to be poorly maintained and full of wastewater. The permitee is directed to maintain all treatment basin in accordance with NCG140000 (Part V, Section C) 6) At the time of the inspection, the vehicle maintenance area, including waste oil containers, was found to be in poor condition. The permitte is directed to outline and implement a Good Housekeeping and preventative maintenance plan on site in accordance with NCG140000 (Part III, Section 4). Page: 2 Permit: NCG140435 Owner -Facility: American Concrete Inc Inspection Date: 07/31/2018 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? ❑ M ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ M ❑ ❑ # Does the Plan include a "Narrative Description of Practices'? ❑ M ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ M ❑ ❑ # Does the Plan include a BMP summary? ❑ M ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ■ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ i ❑ ❑ # Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ■ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ! ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: No SWPPP was available on site at the time of the inspection. Qualitative Monitorinq Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: No current qualitative monitoring reports were available on site. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑ Comment: No analytical monitoring reports were available on site. 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? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑0 ❑ ❑ Comment: No inspection report for non-stormwater discharge were avalable on site. Page: 3