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HomeMy WebLinkAboutNC0089109_NOV-2021-LV-0610_20210819DocuSign Envelope ID: 61AEE9C0-3A53-4E97-A2B6-C8732027F09D ROY COOPER Governor ELIZABETH 5. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7021 0350 0000 1637 5752 Return Receipt Requested Kobus De Wet American Zinc Products LLC 484 Hicks Grove Rd Mooresboro, NC 28114 NORTH CAROLINA Environmental Quality August 19, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-LV-0610 Permit No. NC0089109 American Zinc Products, LLC Rutherford County Dear Permittee: A review of the June 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 6/24/2021 6 5.9 Daily Minimum Not Reached Note: This permit limit exceedance represents the eighth such violation in 2 years and indicates a chronic issue with non-compliance. Effluent samples shall be representative of the permitted discharge per NPDES General Permit Conditions Part II, Section D.(1.). Failure to collect, and analyze and report representative samples is also a violation. 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 WW 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 15-day period, a civil penalty assessment may be prepared. D,Q North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway70 15wannanoa, North Carolina 25778 528.246.4500 DocuSign Envelope ID: 61AEE9C0-3A53-4E97-A2B6-C8732027F09D Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the Asheville Regional Office at 828-296-4500. Ec: LF Sincerely, �DocuSigned by: - 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ D,Q North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway70 15wannanoa, North CaroIna 25778 528.246.4500