HomeMy WebLinkAboutNCG030285_COMPLETE FILE - HISTORICAL_20111201rho
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
---------------------
IV U& b 3u ,� CAS'
DOC TYPE,
-rl'HISTORICALFILE
❑ MONITORING REPORTS
DOC DATE
❑ oil o1
YYYYMMDD
RECEIVED
DIVISION OF WATER OUALlTY CAMR
DEC 12011 11K•
SWP SECTION
MOORESVILLE REGIONAL OFFICE
November 29, 2011
Mrs. Marcia Allocco,
North Carolina Department of Environment and Natural resources
Division of Water Quality
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville, NC 28115
Subject: Notice of Violation
Compliance Evaluation Inspection
Storm Water Permit No.NCG030285
Dear Mrs. Allocco:
This is in response to Mr. Robert B. Krebs letter dated November 9, 2011 regarding the subject
above. We at AB Carter Inc. apologize for any lack of action in implementation of Stormwater Pollution
Prevention Plan. We have searched our files regarding this requirement and we do not show any plan or
actions of any kind which has taken place in our location at 4801 York Highway facility. This location has
been in operation since 1969. As throughout the years, we have had personnel changes, especially
within the last few years which included our environmental manager.
Again, we acknowledge that we are ultimately responsible for compliance with all federal, state,
and local requirements regardless of personnel changes, or we did not know, or lack of action in the
past. Our objective here is to do whatever it takes to comply with your requirement on the above
matter.
By a copy of this letter, we are requesting to be considered for NO EXPOSURE CERTIFICATION.
Please see attached application.
We thank you for your cooperation on this matter and look forward on approval of our
application.
Respectfully
AI Abedi
VP
AB Carter, Inc.
4801 York Highway, Gastonia NC 28052
cc: Shelton Sullivan, Wetlands & Stormwater Branch/WBS Compliance & Permit Unit Gaston
County Health Department, Lee Pennington, A.B. Carter, Inc.
-
aicla
ISO 9001:2008 \ l CERT N 000010935
P.O. Box 518, Gastonia, NC 28053-0518 USA; Phone: 704-865-1201: Fax: 704-864-8870
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 9, 2011
Mr. Al Abedi, Vice President
AB Carter, Inc.
Post Office Box 518
Gastonia, North Carolina 28053
Subject: Notice of Violation
Compliance Evaluation Inspection
AB Carter, Inc.
Stormwater Permit No. NCG030285
Gaston County, N.C.
Tracking #: NOV-2011-PC-0590
Dear Mr. Abcdi:
Dee Freeman
Secretary
Enclosed is a copy of the Compliance Evaluation Inspection Report for the stormwater
inspection conducted at the subject facility on October 26, 2011 by Mr. Wes Bell of this Office.
Please inform the personnel involved with the implementation of the Stormwater Permit by
forwarding a copy of the enclosed report.
This report is being issued as a Notice of Violation (NOV) due to the permittee's failures
to develop and implement a Stormwater Pollution Prevention Plan, violations of the subject
Stormwater Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the
Stormwater Pollution Prevention Plan, Qualitative Monitoring, Analytical Monitoring, and
Permit/Outfalls Sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) per violation, per day, 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.
It is requested that a written response be submitted to this Office by December 2, 2011,
addressing the above -noted violations in the attached report. In responding to the violations,
please address your comments to the attention of Mrs. Marcia Allocco.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1.877-623 6748
Internet: hltp:llportal.ncdencorg/webMq
One
NorthCarolina
An Equal opportunity l Alfumalive Acton Employer — 50% Recycled110% Post consumer paper
Mr. Al Abedi
November 9, 2011
Page Two
The report should be self-explanatory; however, should you have questions concerning
this report, please do not hesitate to contact Mr. Bell at (704) 663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosures:
Inspection Report
PH Guidance Document
No Exposure Certification
cc: Shelton Sullivan, Wetlands & Stormwater Branch/WBS Compliance & Permits Unit
Gaston County Health Department
IA j
F-VA Division of Water Quality / Surface Water Protection
NCDEN®
R National Pollutant Discharge Elimination System
NO EXPOSURE CERTIFICATION for Exclusion
r„+ro+„rx un Nrwu. n.nvrr.
NCGNE0000
NO EXPOSURE CERTIFICATION
FOR AGENCY USE ONLY
Dace Received
Year Month
Day
Certificate o(Coverage
NICIGINIEI
National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based
on NO EXPOSURE:
Submission of this No Exposure Certification constitutes notification that your facility does not require a
permit for stormwater discharges associated with industrial activity in the State of North Carolina because
it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all
industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to
prevent exposure to rain, snow, snowmelt, and/or runoff.
For permitted facilities in North Carolina, DWQ must approve your application for No
Exposure Certification before this exclusion is effective. Until you are issued a No
Exposure Certification and your NPDES permit is rescinded, your facility must continue
to abide by the terms and conditions of the current permit.
Industrial materials or activities include, but are not limited to: material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
Material handling activities include the storage, loading and unloading, transportation, or conveyance of
any raw material, intermediate product, final product or waste product. A storm resistant shelter is not
required for the following industrial materials and activities: drums, barrels, tanks, and similar containers
that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means
banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained
vehicles used in material handling; and final products, other than products that would be mobilized in
stormwater discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. Ir
addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual
outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not
eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you
certify that a condition of no exposure exists at this facility or site and are obligated to comply with the
terms and conditions of 40 CFR 122.26(g).
For questions, please contact the DING Regional Office for your area. (See page 6)
(Please print or type)
1) Mailing address of owner/operator (address to which all certification correspondence will be mailed):
Name
Contact
Street Address
City
Telephone No.
Email
Page 1 of 7
State A/ <. ZIP Code
Fax: 70 4 _9
CkereR. %A/n
SWU-NE-1 2Aug201 0
NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name
Facility Contact _
Facility Street Address
City
County
Telephone No.
Email
3) Physical location information:
C14R.-i L�,e.
Please provide a narrative description of how to get to the facility (use street name, state road numbers, and
distance and direction from a roadway intersection). PAOM &A.5rV4f A , 3.2( S o a �H
/_ - 2 AA.: L ✓.S _ A Al '$ 2 t o el TH h- LG .=
(A copy of a map with the facility clearly located on it should be included with the certification application.)
4) Is the facility located on Native American Lands? ❑ Yes
5) Is this a Federal facility?
l0 lity? ❑ Yes 9
6) Latitude 35 II O Longitude O 1 )(e (deg., min., seconds)
7) This NPDES No Exposure Exclusion application applies to which of the following:
❑ New or Proposed Facility
B�Existing
Date operation is to begin
Date operation began l is 9
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered under an NPDES Stormwater Permit? es ❑ No
If yes, what is the NPDES Permit Number? M� cE" X15
9) Standard Industrial Classification:
Provide the 4 djgit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility I
SIC.Code: 3 O 3 3 i 5
10) Provide a brief description of the types of industrial activities and products produced at this facifit,
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
Itdl�'N0
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
Page 2 of 7
S W U-NE-12Aug2010
NCGNE0000 No Exposure Certification
Exposure Checklists (12. - 14.)
12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either."Yes" or "No.") If. you answer "Yes" to any of these items, you are not
eligible for the no exposure exclusion.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where
residuals from using, storing.or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks
c. Materials or products from past industrial activity
d. Material handling equipment (except adequately maintained vehicles)
e. Materials or products during loading/unloading or transporting activities
❑ Yes V o
❑ Yes WNo
❑ Yes
❑ Yes
❑ Yes
Materials or products stored outdoors (except final products intended for outside ❑ Yes
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks,
and similar containers
In. Materials or products handled/stored on roads or railways owned or mAintained by
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted)
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored
(i.e., not closed and stored upside down to prevent precipitation accumulation)
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers
stored outside, has the facility had any releases in the past three (3) years?
❑ Yes
Ii0 No
VNo
WKo
W<O
®
❑ Yes Wa o
❑ Yes V<o
❑ Yes WNNoo
❑ Yes WNo
❑ Yes P1No
❑ Yes 4 'No
13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible for the no exposure exclusion. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or Yes ❑ No ❑ N/A
deterioration, or evidence of leaks? /
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any W es ❑ No ❑ N/A
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
Page 3 of 7
SW U-NE-12Aug2010
NCGNE0000 No Exposure Certification
14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the
no exposure exclusion.
a. Is secondary containment provided for all single above ground storage
Gr res ❑ No ❑ N/A
containers (including drums, barrels, etc.) with a capacity of more than 660-
gallons?
b. Is secondary containment provided for above ground storage containers stored
B/Yes ❑ No ❑ N/A
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
d Yes o No ❑ N/A
Amendments and Reauthorization Act (SARA) water priority chemicals`?
d. Is secondary containment provided for hazardous substances" designated in 40
Yes R No ❑ N/A
CFR §116?
/
e. Are release valves on all secondary containment structures locked?
V Yes . E No ❑ N/A
15) Hazardous Waste: /
a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? El Yes (e�'No
b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste M-Yes ❑ No
generated per month) of hazardous waste?
c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste ❑ Yes 5 0
generated per month) of hazardous waste?
If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste: LR IA 5 i1RJ� p
How is material stored: S5 %A4
Where is material stored: —'
How many disposal shipments per year:
Name of transport / disposal vendor:
Vendor address: ?, R1- nO rL
Footnotes to Questions 14) c. & d.
swV&t?
,ft�0-4 Acr of
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for de minimis amounts of certain substances,
and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR
§372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities
of the hazardous substances listed in 40 CFR §117.3.
Page 4 of 7
S W U-N E-12Aug2010
NCGNE0000 No Exposure Certification
16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the
no exposure exclusion. A more in-depth evaluation of the site circumstances may be required
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? a Yes ;No
b. Does your facility have coal piles on site? ❑ Yes WK10
c. Does your facility store other fuel sources outside in piles, such as wood chips, D Yes fd'No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes E'i No
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? ❑ Yes ❑ No ❑ N/A
Please specify:
I. Please list any other environmental program permits (federal, state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.): �/
Permit: t O 4l Program: St ., NIFrC_ 4w% .ZI✓6�iosr s,+& Uw 640h,
Permit: WQ 000 4270 Program: 196e}2TC &47W SPRAY ZkLRq &,4n'Vtj
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
_, Program:
Page 5 of 7
SW U-N E-12Aug2010
NCGNE0000 No Exposure Certification
17) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure' and obtaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities
or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit the re -certification to
DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such
inspection reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of
law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief
such information is true, complete, and accurate. //JJ
Printed Name of Person Signing: �/a/ ,l�Pz'1 !
Title: ✓"a
(Si azure o Applicant) (Dale Signed)
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for
compliance with no exposure conditions prior to that approval. The Regional Office may also
inspect your facility at any time in the future for compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 e(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
(Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
There is currently no fee for a No Exposure Exclusion.
Page 6 of 7
S W U-N E-12Aug2010
NCGNE0000 No Exposure Certification
Final Checklist
This application should include the following items:
e/ This completed application and all supporting documentation.
A map with the location of the facility clearly marked.
la' If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8.
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the D WQ Regional Office for your area.
DWQ Regional Office Contact Information:
Asheville Office ......
(828) 296-4500
Fayetteville Office ...
(910) 433-3300
Mooresville Office ...
(704) 663-1699
Raleigh Office ........
(919) 791-4200
Washington Office ...(252)
946-6481
Wilmington Office ...
(910) 796-7215
Winston-Salem ......
(336) 771-5000
Central Office .........(919)
807-6300
Page 7 of 7
SW U-NE-12Aug2010
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P.O. Box 518, Gastonia, NC 28053-0518 USA; Phone: 704-865-1201: Fax: 704-864-8870
11/29/2011