NCG500212_NOV and Intent to Assess_20200218

DocuSign Envelope ID: 9A6A9238-6C9E-4CD7-ABDE-00722F3C1DA2
ROY COOPER
Cove rtor
MICHAEL S. REGAN
secreWo-y
S. DANIEL SMITH
jxreetar
Certified Mail # 7019 0700 0000 8867 5510
Return Receipt Requested
Craig Rogerson
Jeffrey McDaniel
Hexion Inc.
114 Industrial Blvd
Morganton, NC 28655
NORTH CAROLINA
En OrOIUAIM tdl QUi2lity
February 19, 2020
SUBJECT: Notice of Violation and Intent to Assess Civil Penalty
NOV-2020-PC-0100
Permit No. NCG500212
Unauthorized Bypass January 2020
Burke County
Dear Permittee:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by Jeffrey McDaniel on January 17, 2020.
The Division's Asheville Regional Office (ARO) concludes that Hexion Inc. violated:
Permit Condition Part II.C.4.c.1: Bypass from the treatment facility is prohibited and the Permit Issuing Authority
may take enforcement action against a Permittee for bypass.
Specific incident cited in the violation includes the following:
An 18,000,000-gallon unauthorized bypass of non -contact cooling water discharged to Little Silver Creek from January 3-16,
2020.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more
than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act
in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.

DocuSign Envelope ID: 9A6A9238-6C9E-4CD7-ABDE-00722F3C1DA2
Please submit a written response to this Notice of Violation. Your response is to be received by the regional office within 10
business days following receipt of this violation. The submittal will be considered in determining whether the Division will
assess a civil penalty for the cited violations.
If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: ARO Server, LF
G:\WR\WQ\Burke\Wastewater\General\Non-contact NCG50\Hexion\January 2020 Bypass\NCG500212_NOVN012020PC0100_20200218.rtf
4AWNorth Caroiina Department of Environmental QuailBy I oiuision of Water Resources
AshevDe Regional office 12090 1Y.3- 70 diaghrrsy I Swannanos, North Ca rolan 23773
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