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HomeMy WebLinkAboutNCG500639_NOV-2022-PC-0201 CEI_20220413ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7018 3090 0001 2322 5375 Return Receipt Requested April 14, 2022 Lisa King Bonakemi USA Inc 4275 Corporate Center Drive Monroe, NC 28110 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-PC-0201 Permit No. NCG500639 BonaKemi USA, Inc. Union County Ms. King: The North Carolina Division of Water Resources conducted an inspection of the BonaKemi USA, Inc. on April 12, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG500639. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Mooresville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Record Keeping No effluent samples are being collected. The compliance issues below must be addressed: Compliance Issue(s): At time of inspection, no sampling of effluent discharge was being conducted. In accordance with Part I, Section B. (1.) and (2.) of NCG500639, grab samples are to be collected Semi -Annually for analysis by a Certified Laboratory. Laboratory analysis and chain -of -custody forms are to be maintained on -site for period of three years. D_E North Carolina Department of Environmental Quality 1 Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115 704.663.1699 o.wnordol.rnn.W mrb� 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 days after receipt of this Notice. A review of your response will be considered along with any additional information provided. 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 specified ten (10) business day period, a civil penalty assessment may be prepared. 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 should have any questions, please do not hesitate to contact Roberto Scheller with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704-663-1699. Sincerely, 1— DocuSigned by: `—A14CC681 AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Peter Schmitt email: Peter.Schmitt@bona.com LaserFiche E 0m4prE d.m =W Orma North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 United States Environmental Protection Agency EPA Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code 1 IN I 2 IL I 21IIIIII NPDES yr/mo/day Inspection 3 I NCG500639 111 121 22/04/12 117 Type 1810I IIIIIIIIIII Inspector Fac Type 19I S I 2011 IIIIIIIIIII IIIIIII I IIIIII P6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 671 I 70I1 I 711 1 72 I N I 73I 1 74 71 I I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES oermit Number) BonaKemi USA, Inc. 4275 Corporate Ctr Dr Monroe NC 28110 Entry Time/Date 09:43AM 22/04/12 Permit Effective Date 21/01/05 Exit Time/Date 10:42AM 22/04/12 Permit Expiration Date 25/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Lisa King,4275 Corporate Ctr Dr Monroe NC 28110//704-220-6954/7042206960 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Records/Reports Self -Monitoring Progran Facility Site Review Effluent/Receiving Wate Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) Roberto Scheller of Inspector(s) Agency/Office/Phone and Fax Numbers DocuSigned by: _ C .. S� L.a.ti�o.,_ DWR/MRO WQ/707-235-2204/ Date 4/13/2022 "-91C2A007838943E... Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W. Corey Basinger DWR/Division of Water Quality/704-235-2194/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. DocuSigned by: 4/14/2022 "-A14CC681AF27425... Page# 1 31 NPDES yr/mo/day NCG500639 111 121 22/04/12 117 Inspection Type 18 [j (Cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Certification of Coverage (CoC) NCG500639 is under General Permit NCG500000. Coverage became effective January 5, 2021 and is valid for the duration of the General Permit. Attached to this inspection, for your files, is copy of renewal letter. The subject discharge is to an unnamed tributary to East Fork Twelve Mile Creek which is classified as Class C waters in the Catawba River Basin. At time of inspection no sampling of effluent discharge was being conducted. In accordance with Part I Section B. (1.) and (2.) of NCG500000, grab samples are to be collected Semi -Annually for analysis by a Certified Laboratory. Laboratory analysis and chain -of -custody forms are to be maintained on -site for a period of three years. All non -contact cooling water sample locations shall provide representative samples of the discharge and require sampling prior to discharge commingling with any other waters or substances, such as stormwater or surface water, to enable characterization of a pollutant of concern. All samples collected should be from a representative and measurable discharge event that results in an actual discharge from the permitted discharge outfall. There shall be no discharge of floating solids or visible foam in other than trace amounts. Effluent temperature will be regulated so that temperature of the receiving stream does not increase more than 2.8 degrees Celsius above the natural water temperature. Page# 2 Permit: NCG500639 Inspection Date: 04/12/2022 Owner - Facility: BonaKemi USA, Inc. Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? • ❑ ❑ ❑ # Are there any special conditions for the permit? • ❑ ❑ ❑ Is access to the plant site restricted to the general public? • ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? • ❑ ❑ ❑ Comment: Record Keeping Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Comment: No samples are being collected. Flow Measurement - Effluent # Is flow meter used for reporting? Yes No NA NE ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ • ❑ ❑ • ❑ ❑ ❑ Yes No NA NE Page# 3 Permit: NCG500639 Inspection Date: 04/12/2022 Owner - Facility: BonaKemi USA, Inc. Inspection Type: Compliance Evaluation Flow Measurement - Effluent Yes No NA NE Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: In accordance with Certification of Coverage (NCG500639) General Permit NCG500000, effluent Flow is to be estimated . ❑ ❑ • ❑ Page# 4