WQ0015487_NOV-2016-DV-0188_20160628

WaterResources
ENVIRONMENTAL QUALITY
Certified Mail # 7012 1010 0002 1965 5549
Return Receipt Requested
June 28, 2016
Mr. Carl B. Powell, Jr.
Powell Industries, Inc.
P.O. Box 65
Waynesville, NC 28786
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-DV-0188
Incident No. 201601034
Permit No. WQ0015487
Wastewater Recycle System
Haywood County
Dear Mr. Powell,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
On May 17, 2016, staff of the North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a site inspection of Powell Industries and the
permitted recycle system as part of the permit renewal process. During the initial site inspection,
Regional Office (RO) staff observed wastewater emanating from a stormwater pipe that
discharges to Jonathan Creek.
RO staff returned on May 20, 2016 to investigate the wastewater discharge. Upon arrival, it was
observed that wastewater from the upper recirculation pond had been pumped to the lower
stormwater pond. The RO staff were informed that this transfer of wastewater occurs regularly
as a means to minimize flooding in and around the site operations. Furthermore, it was pointed
out that the recirculation pond is equipped with an overflow pipe that regularly discharges to the
stormwater pond.
The rising water level in the stormwater pond coincided with an increase in the rate of wastewater
discharging to the storm drain and Jonathan Creek.. RO staff instructed Powell Industries to
immediately abate the stream discharge by transferring the wastewater back to the recirculation
pond. An estimated 90,000 gallons of wastewater was transferred back to the recirculation pond
as of May 23, 2016. This transfer of water resulted in a significant reduction in the rate of
wastewater discharging to Jonathan Creek. In addition, staff were informed that freeboard
records are not being kept.
State of North Carolina j Environmental Quality I Water Resources
2090 U.S. Hwy. 70, Swsnnanoa, North Carolina 28778
828-296-4500

Carl B. Powell, Jr.
June 28, 2016
Page 2 of 3
The following violations were noted during the site inspection and subsequent investigation:
Violation(s):
1. Violation I. Permit Conditions (WQ0015487)
Permit condition 9 states the following: "The facilities shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of any wastewater resulting
from the operation of this facility."
Permit condition 10 states the following: "Diversion or bypassing of untreated wastewater
from the treatment facilities is prohibited. Waters in the recirculation pond shall not
be discharged to the stormwater pond."
Permit Condition 13 states the following: "Freeboard in the recirculation pond shall be
recorded weekly and maintained on file for a minimum of five years."
The transfer of wastewater from the recirculation pond to the stormwater pond by means
of pumping, overflow pipe or any other transference means is a violation of your permit
conditions and the North Carolina General Statues. On October 20, 2006, you were issued
a Notice of Violation (NOV) for illegal discharge of wastewater. In your November 6, 2006
response to the NOV, you stated that the connecting basin was filled. In August 3, 2007,
you were issued a NOV for again, illegal discharge of wastewater. The NOV clearly stated
that the stormwater pond is receiving wastewater that is being discharged to Jonathan
Creek. Your August 21, 2007 response to that NOV stated that the discharge to Jonathan
Creek has ceased and wet deck water is being directed to the recycle pond.
2. Violation II. Discharge Without a Valid Permit
G.S. 143-215.1(a) states that 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 the permit: G.S. 143-
215.1(a)(1) — Make any outlets into waters of the state.
The transfer of wastewater from the recirculation pond to the stormwater pond is a
violation of your permit conditions. The subsequent discharge of wastewater from the
stormwater pond to Jonathan Creek, a class C stream with trout water designation, is a
violation of the North Carolina General Statues.
Required Corrective Action:
1. Please submit a report assessing the cause, significance, and extent of the wastewater
release. In this report, provide a detailed narrative on your current standard operating
procedures for managing wastewater in the recirculation pond.

Carl B. Powell, Jr.
June 28, 2016
Page 3 of 3
2. You are required to identify the nature of the hydraulic connection between the
stormwater pond and Jonathan Creek. Notify the regional office prior to removing any
discovered pipe connections.
3. According to your permit, in the event that the facilities fail to perform satisfactorily,
including the creation of nuisance conditions, the Permittee shall take immediate
corrective action, including those actions that may be required by this Division, such as
the construction of additional or replacement treatment or disposal facilities.
4. You are required to record weekly freeboard levels in the recycle pond.
5. Cease all discharges of wastewater to the stormwater pond.
You are required to provide a written response within 30 days of receipt of this
Notice. Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A.
If you should have any questions concerning this Notice, please do not hesitate to contact
Beverly Price at [phone].
Sincerely,
G. Landon Davidson, P.G. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
Non -Discharge Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Haywood\Wastewater\Non-discharge\Powell Industries, Inc. (Suncrest Chip Mi11)\N0V-2016-DV-0188.rtf