NC0089109_NOV-2021-SS-0015_20210824

DocuSign Envelope ID: C92E05FF-B8E0-4083-AF95-E18DFD66C2CC
ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL 7021 0350 0000 1637 5769
RETURN RECEIPT REQUESTED
Kobus De Wet
American Zinc Products LLC
484 Hicks Grove Rd
Mooresboro, NC 28114
NORTH CAROLINA
Environmental Quality
August 24, 2021
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
Tracking Number: NOV-2021-SS-0015 (BIMS Inc. #202101792)
Permit No. NC0089109
American Zinc Products, LLC
Rutherford County
Dear Permitee:
On July 30, 2021, the Division of Water Resources (DWR) visited your facility in response to notification that a
release of low pH solution was occurring from a breach in the raffinate pond liner. The low pH solution had
impacted groundwater and/or subsurface soils in the area of the raffinate pond. DWR staff assessed surface
water located closest to the area of impact: an unnamed tributary to the Broad River arrived onsite. It is
unclear when the discharge to the unnamed tributary to the Broad River began and the rate of discharge
throughout the release period. Surface water sampling of the unnamed tributary indicated multiple instances
of a pH of approximately 4.1, significantly below surface water standards.
Violations
As a result of the above -referenced release, the following violations are noted:
(1) Unlawful Discharge
(2) Discharge or Intermixing of Waste Without a Permit
(3) Oil Pollution and Hazardous Substances Control Act — Unlawful Discharge
Violation 1. Unlawful Discharge
G.S. 143-215.1 (a) - "Activities for Which Permits Required. — No person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in that permit.
(1) "Make any outlet into the Waters of the State."
Violation 2. Discharge or Intermixing of Waste Without a Permit
G.S. 143-215.1 (a) - "Activities for Which Permits Required. — No person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in that permit.
D_E
North Carolina Department of Environmental Quality I Division or Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
82&296.45O

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(6) "Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with
the waters of the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any point source,
unless allowed as a condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article."
• Violation of Water Quality Standards: 15A NCAC 02B.0211 (14)
"pH: shall be between 6.0 and 9.0 except that swamp waters may have a pH as low as
4.3 if it is the result of natural conditions;"
As referenced above, pH in the affected unnamed tributary was approximately 4.1
Violation 3. Oil Pollution and Hazardous Substances Control Act — Unlawful Discharge
G.S. 143-215.83 — states that "It shall be unlawful, except as otherwise provided in this Part, for any person to
discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats,
beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the
waters of this State, regardless of the fault of the person having control over the oil or other hazardous
substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident
or other cause."
Required Response
This Office requests that you respond to this letter in writing within 10 days of receipt of this Notice. Your
response should be sent to this Office at the letterhead address. Your response should address the following
items:
1. Please submit a report assessing the cause, significance, and extent of the release. The report
should contain details of the estimated quantity of solution released (i.e., amount of product loss,
estimated discharge rate to groundwater, etc.), conditions under which the solution was released
and chemical composition of the solution. Please include specific details as to why secondary
containment and spill prevention measures failed during the release. You are to include a narrative
describing the operational condition of the containment structures (i.e., raffiante pond liner system)
prior to and during the release. You are to identify other areas within the plant with similar liner
systems as well as providing a narrative describing in detail the construction specifications of liner
systems at the facility. You are also to submit a timeline of events associated with the release (i.e.,
time discharge first observed, time discharge to Broad River observed, notification times, etc.).
2. Please submit a plan listing all actions you will take to prevent future releases including any
enhancements to containment structures, changes in operation and maintenance of existing
containment structures or how similar liner systems will be evaluated for integrity. Your comments
should address but are not limited to the following issues: spill response plan, preventative
maintenance, monitoring of liner system integrity, etc.
Fines may be imposed under NCGS 143-215.6A(a)(1) of not more than $25,000 per violation of any
classification, standard, limitation or management practice established pursuant to G.S. 143-214.1. Additional
action may include the issuance of a special order against you under the authority of G.S. 143-215.2, or a
request to the Attorney General to institute an action for injunctive relief. If any failure to act is continuous,
penalties may be assessed not to exceed a maximum penalty of $25,000 per day per violation under NCGS
143-215.6A (b) so long as the violation continues. Your response to this correspondence will be considered in
any civil penalty assessment process that may occur.

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This office requires that the violations, as detailed above, be abated immediately and properly
resolved. Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Resources regarding these issues and any
future/continued violations that may be encountered.
If you have any question regarding this Notice, please feel free to contact me direct at 828-296-4680 or via
email at [e-mail].
Sincerely,
—DocuSigned by:
7 E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: Charles Howell, Environmental Manager
Brent Burch, Jeff Menzel —NCDEQ DWM HWS
Stan Aiken — NCDEQ DEMLR