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HomeMy WebLinkAboutNC0004308_SOC DRAFT_20180831ROY COOPER Governor MICHAEL S. REGAN Secretary LJNDA CULPEPPER Interim Director Ms. Robyn L. Gross, Director Asset Management Americas Badin Business Park LLC 201 Isabella St. Pittsburg, PA 15212 Dear Ms. Gross: NORTH CAROLINA Environmental Quality August 31, 2018 Subject: SPECIAL ORDER BY CONSENT (SOC) EMC SOC WQ S18-010 Badin Business Park LLC NPDES No. NC0004308 Stanly County The Division of Water Resources (DWR) hereby transmits for your review and signature two (2) copies of the Special Order by Consent (SOC or the Order). Please sign and return two (2) copies to: Attention: Derek Denard NCDEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Once the SOC has been signed, the Division will solicit public comment on this SOC by publishing a notice in newspapers having circulation in the general Stanly County area, as required by the NPDES Program. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on the SOC, and take appropriate action prior to issuing the SOC. If you have questions, please contact the operations staff at DWR's Mooresville Regional Office at (704) 663-1699, or contact me in the central office, Derek Denard [derek.denard@ncdenr.gov] at (919) 707-3618. Sincerely, Derek C. Denard, Environmental Specialist Division of Water Resources, NCDEQ DEW OryulewY d BnYa�hl hrYyr� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center l Raleigh, North Carolina 27699-1617 919.707.3618 Ms. Gross August 31, 2018 Page 2 of 2 hc: Robyn L. Gross, Director Asset Management America, Hwy 740, PO Box 576, Badin, NC 28009 Mooresville Regional Office w/attachments SOC Files w/attachments Central Files w/attachments ec: Robyn L. Gross, Director Asset Management Americas [Robyn.Gross@alcoa.com] DWR/WQPS Teresa Rodriguez [teresa.rodriguez@ncdenr.gov] DWR/MRO Corey Basinger [corey.basinger@ncdenr.gov]; Andrew Pitner [andrew.pitner@ncdenr.gov]; Roberto Scheller [roberto.scheller@ncdenr.gov] NCDOJ Asher Spill [Aspiller@ncdoj.gov]; Amy Bircher [abircher@ncdoj.gov] NPDES Files [Laserfiche] NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF NORTH CAROLINA NPDES PERMIT NC0004308 HELD BY BADIN BUSINESS PARK LLC SPECIAL ORDER BY CONSENT EMC SOC WQ S18-010 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this Special Order by Consent is entered into by Badin Business Park LLC, hereinafter referred to as Badin Park, and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission. Badin Park and the Commission are referred to hereafter collectively as the "Parties". 1. Badin Park and the Commission hereby stipulate the following: a. Badin Park holds North Carolina NPDES permit number NC0004308 (the "Permit") for the discharge of wastewater (contaminated groundwater), stormwater, and fire protection water to an unnamed tributary to Little Mountain Creek and Badin Lake (Yadkin River), Class WS-IV and WS-IV CA & B waters, respectively, of the state in the Yadkin -Pee Dee River Basin, but is unable to consistently comply with the final effluent limits for Total Fluoride and Total Cyanide as set forth in the Permit for Outfall 005. This Special Order by Consent ("Special Order") addresses issues related to compliance with the Permit. b. The Permit authorizes the discharge of contaminated groundwater, stormwater, and fire protection water from for Badin Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC ("Badin Business Park"). c. The Permit applies daily maximum total cyanide limits to discharges from Outfalls 011, 018 and 022, and also applies both daily maximum and monthly average total cyanide limits to discharges from Outfall 005, 012, and 013 ("cyanide limits"). d. The Permit applies daily maximum total fluoride limits to discharges from Outfalls 011, 018 and 022, and also applies both daily maximum and monthly average total fluoride limits to discharges from Outfall 005 ("fluoride limits"). Badin Business Park LLC EMC SOC WQ S18-010 p. 2 e. Compliance with the monthly average fluoride limit and the daily maximum and monthly average cyanide limits at Outfall 005 in the permit will require the design and construction of a stormwater piping system upgrade at the Badin Business Park, which can performed without further permitting in accordance with the existing permit and this order. f. Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and Badin Park is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. g. Badin Park has secured financing for planning, design, and construction of a stormwater piping system upgrade which, once constructed and operated, will be sufficient to achieve compliance with the final effluent limitations in the Permit. 2. Badin Park, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to the do the following: a. Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Complete the design and prepare the specification package for the Badin Business Park piping system upgrade. May 31, 2018 (Met) Complete the construction of the Badin Business Park piping system upgrade. November 30, 2018 Attain compliance with the final effluent limitations in the Permit. December 31, 2018 b. Badin Park will submit quarterly progress reports detailing the work and activities undertaken and completed on the upgrades to the piping system. The reports are to be submitted as follows: one copy must be mailed to the Mooresville Regional Supervisor, Division of Water Resources / Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301, Mooresville, NC 28115, and one copy must be mailed to the Water Quality Permitting Section / NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617. The quarterly reports are due in each respective office no later than the thirtieth (30th) day of January, April, July, and October for the duration of this Order. c. Badin Park will comply with all terms and conditions of the permit except those effluent limits identified in paragraph 1(a) above. See Attachment A for all current monitoring requirements and effluent limits for Outfall 005. Badin Park may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or administrative letters. During the time in which this Special Order is effective, Badin Park shall comply with the interim effluent Badin Business Park LLC EMC SOC WQ S18-010 P. 3 limits for total fluoride and total cyanide at Outfall 005 as listed in the table below. Under this Special Order, only the parameters listed below have been modified from the most current NPDES Permit in effect for Outfall 005. Parameters Units Permit Limits Interim Limits Monthly Avg. Daily Maximum Monthly Avg. Daily Maximum Total Fluoride mg/L 1.8 mg/L 24 mg/L 5.0 mg/L (Permit Limit Applies) Total Cyanide ltg/L 5.0 µg/1 46.6 µg/1 20.0 µg/L (Permit Limit Applies) d. No later than fourteen (14) calendar days after any date identified for accomplishment of any activity listed in paragraph 2(a) above, submit to the Director of DWR written notice of compliance (including the date compliance was achieved along with supporting documentation if applicable) or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. e. If the stormwater piping system upgrades required by this Special Order have not been completed by the date of the issuance of this Special Order, Badin Park shall, within thirty (30) days of that issuance, secure and provide documentation to DWR of an irrevocable standby letter of credit (Letter of Credit) to cover the cost of the uncompleted construction. The institution issuing the Letter of Credit shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency. The Letter of Credit shall be issued in favor of the State of North Carolina. The financial assurance provided by the Letter of Credit must be continuous in nature and must bind Badin Park as well as its successors -in -interest. The amount of coverage of the Letter of Credit shall be at least 100% of the estimated cost of constructing the stormwater piping system upgrade required by this Special Order, which is estimated at Seven Hundred and Fourteen Thousand Eight Hundred and Sixty -Five Dollars ($714,865), or if Badin Park submits to DWR evidence that the construction will be partially completed as of the time of issuance of the Letter of Credit and the estimated costs of completing such work, DWR may, in its discretion, approve a lower amount for the Letter of Credit based on that cost of completion, such approval not to be unreasonably withheld; provided, that DWR may increase the amount of the Letter of Credit if it concludes that additional work is required in order to achieve final compliance with effluent limits in the Permit. The Letter of Credit shall be maintained during the term of this Special Order until it expires or otherwise canceled. Badin Business Park LLC EMC SOC WQ S 18-010 p. 4 3. Badin Park agrees that unless excused under paragraph four (4), Badin Park will pay the DWR, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(a), 2(b), and 2(d). Violation Description Failure to meet a scheduled date Stipulated Penalty $1,000 per day Failure to comply with a modified effluent limit $1,000 for exceeding monthly average limit; $500 for exceeding daily maximum limits Monitoring frequency violations for modified parameters Failure to Submit Status Reports $100 per omitted value per parameter $1,000 for the first violation; penalty doubles with each subsequent assessment for late reports Failure to achieve compliance with final effluent limits $5,000 (single penalty) 4. Badin Park and the Commission agree that the stipulated penalties are not due if Badin Park satisfies DWR that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; d. An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the permittee's control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand by DWR to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. Badin Business Park LLC EMC SOC WQ S 18-010 P. 5 5. Since this Special Order is by consent, the Parties acknowledge that review of the same is not available to the Parties in the N.C. Office of Administrative Hearings. Furthermore, neither party shall file a petition for judicial review concerning the terms of this Special Order. 6. Noncompliance with the terms of this Special Order is subject to enforcement action in addition to the above stipulated penalties, including, but not limited to injunctive relief pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR upon ten (10) days' notice to Badin Park. Noncompliance with the terms of this Special Order will not be subject to civil penalties in addition to the above stipulated penalties. 7. This Special Order and any terms or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limits contained therein issued in connection with NPDES permit number NC0004308. In the event of an NPDES permit modification or renewal, any effluent limit or monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order, except as modified and contained in paragraph 2(c) above. 8. This Special Order may be modified at DWR's discretion, provided DWR is satisfied that Badin Park has made good faith efforts to secure funding, complete all construction, and achieve compliance within the dates specified. In accordance with applicable law, modification of this Special Order will go to public notice prior to becoming effective. 9. In addition to any other applicable requirement, each notice required to be submitted by Badin Park under this Special Order shall be signed by a plant manager or a corporate official responsible for environmental management and compliance, and shall include the following certification: 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 gather and evaluate 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. 10. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special Order by Consent and require Badin Park to comply with the terms and conditions contained in the permit identified in paragraph 1(a). Badin Business Park LLC EMC SOC WQ S18-010 p. 6 11. Badin Park, upon signature of this Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. This Special Order by Consent shall expire February 28, 2019. For Badin Business Park LLC: Robyn L. Gross, Director Date Asset Management Americas For the North Carolina Environmental Management Commission: Linda Culpepper, Interim Director Date Division of Water Resources Attachment A EMC SOC WQ S18-010 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 005 (INTERIM) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the Special Order and lasting until December 31, 2018, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall 005. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER [PARAMETER CODES] EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency r Sample Type Sample Location 2 Flow (mgd) 50050 Monthly Instantaneous I E Total Suspended Solids (mg/L) C0530 Quarterly Composite 3 E pH (su) 00400 Shall remain within the range of 6.0 to 9.0 standard units at all times Monthly Grab E Total Aluminum (mg/L) 01105 Quarterly Composite 3 E Total Fluoride (mg/L) 4 00951 5.0 mg/1 * 24 mg/1 Monthly Composite 3 E Total Cyanide (µg/L) 4 00720 20.0 µg/1 * 46.6 µg/1 Monthly Grab E Total Residual Chlorine (µg/L) 4 50060 17 µg/1 Monthly Grab E Acute Toxicity 5 TGP3B Quarterly Composite 3 E * SOC Limits Footnotes: 1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition C. (6). 2. Sample locations: E - Effluent. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or 0 for the measured pollutant or pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. 5. Acute Toxicity P/F Quarterly; see Special Condition C. (1).