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Home My WebLink AboutNCG210099_NOV_20190903ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 3, 2019 CERTIFIED MAIL: 7019 0700 0000 8867 9709 RETURN RECEIPT REQUESTED Powell Industries Inc. Attn:John Fletcher 4595 Jonathan Creek Road Waynesville, North Carolina 28785 CERTIFIED MAIL: 7019 0700 0000 8867 9716 RETURN RECEIPT REQUESTED Powell Industries Inc. Attn: John Fletcher Post Office Box 65 Waynesville, North Carolina 28786 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0615) NPDES Stormwater General Permit NCG210000 Powell Industries, Inc. Certificate of Coverage NCG210099 Haywood County, North Carolina Dear Mr. Fletcher: On August 27, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Powell Industries facility located at 4595 Jonathan Creek Road, Haywood County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG210000 under Certificate of Coverage NCG210099. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Jonathans Creek, a Class C;Tr waterbody in the French Broad River Basin. As a result of the site inspection, the following permit conditions violations are noted: D EQ�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 IKYiIM C mn �ar�� 828.296.4500 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been made available, or properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been made available in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been made available in accordance with permit requirements. 4) Failure to submit a change of ownership form A change of ownership form has not been submitted for the facility. 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. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296- 4500. Sincerely, Stanley E. Aike Gn Regional Engineer Land Quality Section Enclosure: Inspection Report ec: Alaina Morman, Environmental Specialist Alaina.morman@ncdenr.gov Stanley E. Aiken- Regional Engineer stan.aiken n,ncdenr.gov Compliance Inspection Report Permit: NCG210099 SOC: County: Haywood Region: Asheville Contact Person: Carl B Powell Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Effective: 08/01/18 Expiration: 07/31/23 Owner: Powell Industries Inc Effective: Expiration: Facility: Powell Industries - Haywood 4595 Jonathan Creek Rd Inspection Date: 08/27/2019 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Title: EntryTime: 10:15AM Certification: Waynesville NC 28786 Phone: 704-926-9114 Phone: Exit Time: 11:30AM Phone: 828-296-4614 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Timber Products Stormwater Discharge COG Facility Status: ❑ Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NCG210099 Owner -Facility: Powell lnduslrieslnc Inspection Date: 08/27/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On August 27, 2019 this facility was inspected for compliance. I met with Jason White on site. During the inspection, the following items were noted: 1) A Stormwater Pollution Prevention Plan was not made available at the time of the inspection. The permittee is directed to inform and train all staff on the maintenance, use, and location of the SWPPP. Inspections of the facility will be unannounced, and available staff shall make available all information required by the department. As required by the NCG210000 General Permit. 2) Analytical monitoring data was not made available at the time of the inspection. The addition of all outfalls and monitoring points required by previous inspections could not be confirmed. The permittee is directed to inform and train all staff on the maintenance, use, and location of the SWPPP. Inspections of the facility will be unannounced, and available staff shall make available all information required by the department. As required by the NCG210000 General Permit. 3) Qualitative monitoring data was not made available at the time of the inspection. The permittee is directed to inform and train all staff on the maintenance, use, and location of the SWPPP. Inspections of the facility will be unannounced, and available staff shall make available all information required by the department. As required by the NCG210000 General Permit. 4) The construction of the primary spillway in the lower basin could be problematic in the future due to erosion. The permittee is directed to evaluate the long-term viability of the primary spillway, and modify appropriately to reduce erosion stabilize the area. If you have any questions, please contact this office at (828) 296-4614 This facility will be re -inspected on or after September 25, 2019. If the above items have not been addressed, further action will be taken. Page 2 of 3 Permlt NCG210099 Owner- Facility: Powell Industries Inc Inspection Date: 08/27/2019 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"? ❑ N ❑ ❑ # 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? ❑ E ❑ ❑ # Does the Plan include a BMP summary? ❑ 0 ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ N ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ ❑ # Does the facility provide and document Employee Training? ❑ N ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ N ❑ ❑ # 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: No SWPPP was available at the time of the inspection Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: No Qualitative Monitoring was available at the time of the inspection. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ 1-10 ❑ Comment: No Analytical Monitoring data was available at the time of the inspection. 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? ❑ ❑ ❑ # 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