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HomeMy WebLinkAboutNC0070637_NOV-2022-LV-0303_20220510ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7017 1450 0001 6450 0122 Return Receipt Requested Thomas Hertlein, CEO Kurz Transfer Products LP 3200 Wood Park Blvd Charlotte, NC 28206 NORTH CAROLINA Environmental Quality May 10, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0303 Permit No. NC0070637 Kurz Transfer Products LP Davidson County Dear Mr. Hertlein: A review of the January 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Date Limit Reported Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 1/5/2022 45 103 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Solids, Total Suspended - Concentration (C0530) 1/5/2022 45 78.67 Daily Maximum Exceeded 001 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2022 30 52.73 Monthly Average Exceeded Concentration (C0310) 001 Effluent Solids, Total Suspended - 1/31/2022 30 45.04 Monthly Average Exceeded Concentration (C0530) 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. 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 Alex Lowe of the Winston-Salem Regional Office at 336-776-9800. Sincerely, Docu Signed by: LJn. l . c%n.141Gf 145B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Cc: WSRO Digital Files (G:) Central Digital Files (Laserfiche) EQ-,1) WP'n CJROLiN4 \ f\y� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.77.5.9860