NC0004308_NOV-2021-LV-0759 Response_20220428

Badin Business Park LLC
201 Isabella Street
Suite 500
Pittsburgh, PA 15212-5858 USA
Tel: [phone]
28 April 2022
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Badin Business Park LLC
Notices of Violation & Intent to Assess Civil Penalty
March 23, 2022 & April 6, 2022 Correspondences
Dear Mr. Basinger,
Badin Business Park LLC ("BBP") is in receipt of Notices of Violation and Intent to Assess
Civil Penalty for the following NOV numbers:
NOV-2021-LV-0759, August 2021, Outfall 005 Fluoride Monthly Average Exceedance
NOV-2022-LV-0083, November 2021, Outfall 005 Fluoride Monthly Average Exceedance
NOV-2022-LV-0135, December 2021, Outfall 005 Fluoride Monthly Average Exceedance
NOV-2022-LV-0238, February 2022, Outfall 005 Fluoride Monthly Average Exceedance
As you know, BBP has made significant reductions in fluoride concentrations at this and other
site outfalls over the last decade. We remain committed to investigations into additional
potential source areas that contribute the fluoride concentrations in this drainage basin as well as
to work with NCDEQ to explore permitting solutions to obtain compliance with the NC Water
Quality Standards for Fluoride.
We appreciate your ongoing cooperation to find a solution. Should you have questions, please
contact me at 412.389.1768 or [e-mail].
Sincerely,
Robyn L. Gross
Director, Asset Management Americas
Badin Business Park LLC

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. Director Environmental Quality
Certified Mail # 7018 3090 0001 2322 5368
Return Receipt Requested
NORTH CAROLINA
April 6, 2022
Robyn L Gross, Americas Asset Director Management
Badin Business Park LLC
201 Isabella St
Ste 500
Pittsburgh, PA 15212-5858
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0238
Permit No. NC0004308
Badin Business Park
Stanly County
Ms. Gross:
A review of the February 2022 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
005 Effluent Fluoride, Total (as F) (00951) 2/28/2022
1.8 1.95 Monthly Average Exceeded
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 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 10-day period, a civil penalty assessment may be
prepared.
DE
el Fen,ren*101.1-1\
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

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 Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
—DocuSigned by:
`—A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
DE
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