HomeMy WebLinkAboutNCG140435_NOVRE & Inspection Report_20200908ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
September 8, 2020
CERTIFIED MAIL: 7019 0700 0000 8867 4841
American Concrete Inc
Attn: Gary Stroupe
2698 Mount Home Church Road
Morganton, North Carolina 28655
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0405) and
RECOMMENDATION FOR ENFORCEMENT
NPDES Stormwater General Permit NCG140000
American Concrete, Certificate of Coverage NCG140435
Burke County
Dear Mr. Stroupe:
On August 24, 2020, Isaiah Reed from the Asheville Regional Office of the Division of Energy,
Mineral and Land Resources (DEMLR), conducted a site inspection for the American Concrete
facility located at 2698 Mount Home Church Road, Burke County, North Carolina. A copy of the
inspection report is enclosed for your review. The site inspection and file review revealed that the
subject facility is covered under NPDES Stormwater General Permit NCG140000 by Certificate of
Coverage NCG140435. Permit coverage authorizes the discharge of stormwater and process
wastewater from the facility to receiving waters designated as East Prong Hunting Creek, a Class
WSAV waterbody in the Catawba River Basin.
As a result of the site inspection, the following permit condition violations are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, or properly
implemented. (Part III]
2) Stormwater Discharges - Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit
requirements. [Part IV, Section C]
3) Stormwater Discharges - Analytical Monitoring Requirements
Analytical monitoring has not been conducted and recorded in accordance with permit
requirements. [Part IV, Section A]
Q� North Carolina Department of Environmental Quality I DIAslon of Energy, Mineral and Land Resources
_ Asheville Regional office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500
Notice of Violation
American Concrete
September 8, 2020
Page 2 of 2
4) Process Wastewater Discharges - Analytical Monitoring Requirements
Analytical monitoring of process wastewater associated with industrial activity on site has not
been conducted in accordance with permit requirements. [Part IV, Section D]
5) Failure to Mitigate
The permittee failed to take all reasonable steps to minimize or prevent any discharge in
violation of the General Permit which had reasonable likelihood of adversely affecting human
health or the environment. [Part V, Section A, Item 3]
Other Observations:
Please refer to the enclosed inspection report for additional comments and observations made
during the inspection.
Required 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 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,
Stan YE
Aiken, PEGA
Regional Engineer
Land Quality Section
Enclosure:
Inspection Report
ec: Toby Vinson, DEMLR Section Chief toby.vinson(@ncdenr.gov
Annette Lucas, Stormwater Program Manager annette.lucasOncdenngov
Alaina Morman, Environmental Specialist Alaina.morman@ncderi gov
Stormwater Program File
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
Contact Person: Gary Slroupe Title: Phone: 828-443-9112
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 08/24/2020
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification: Phone:
Entry Time t0:00AM Exit Time: 11:45AM
Phone: 828-296-4614
Reason for Inspection: Complaint 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 of 3
Permit: NCG140435 Owner- Facility; American Concrete Inc
Inspection Date: 08/24/2020 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Inspection Summary
On August 24, 2020 this facility was inspected for compliance. I met with Kevin Stroupe and Gary Stroupe on site. During
the inspection, the following items were noted:
1) The Stormwater Pollution Prevention Plan has not been developed, maintained, or implemented in accordance with the
NCG140000 General Permit. The permittee shall immediately develop and implement the Stormwater Pollution Prevention
Plan as outlined in the NCG140000 General Permit.
2) Qualitative monitoring has not been conducted in accordance with the NCG140000 General Permit. The permittee shall
immediately begin qualitative monitoring as outlined in the NCG140000 General Permit.
3) Analytical monitoring of stormwater discharges has not been conducted in accordance with the NCG140000 General
Permit. The permittee shall immediately begin analytical monitoring as outlined in the NCG140000 General Permit.
4) Analytical monitoring of process water discharges has not been conducted in accordance with the NCG140000 General
Permit. The permittee shall immediately begin analytical monitoring of process water discharges as outlined in the
NCG140000 General Permit.
5) Secondary containment has not been provided for all bulk storage of liquid materials on site. The permittee shall
immediately begin efforts to provide secondary containment for all bulk storage of liquid materials on site.
6) Concrete residue and waste concrete from the industrial process on site was observed in the drainage channel leading
from the facility and on the adjacent property. The permittee shall obtain permission from all impacted property owners and
remove all offsite material and stabilize all disturbed areas resulting from the removal.
Please refer to the enclosed Notice of Violation for further information
Page 2 of 3
Permit: NCG140435 Owner- Facility: American Concrete Inc
Inspection Date: 08/24/2020 - Inspection Type: Compliance Evaluation Reason for Visit: Complaint
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"?
❑ 0 ❑ ❑
# 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?
❑ 0 ❑ ❑
# Does the Plan include a BMP summary?
❑ 0 ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ 0 ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ ❑
# Does the facility provide and document Employee Training? ❑ 0 ❑ ❑
# Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑
# 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: The Stormwater Pollution Prevention Plan available on site has not been properly developed or
implemented.
Qualitative Monitorina
Yes No NA NE
Has the facility conducted its Qualitative. Monitoring semi-annually? ❑ 0 ❑ ❑
Comment: Qualitative monitoring has not been conducted in accordance with the NCG140000 General
Permit.
Analytical Monitorina Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: Analvtical monitorina has not been conducted in accordance the the NCG140000 General
Permit.
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? 0 ❑ ❑ ❑
# 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