NC0089109_NOV-2022-LV-0419 NOI_20220623

DocuSign Envelope ID: B45FB757-176C-49A3-8610-DF64B05E859D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7021 2720 0000 1259 2800
Return Receipt Requested
June 23, 2022
Kobus De Wet
American Zinc Products LLC
484 Hicks Grove Rd
Mooresboro, NC 28114
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0419
Permit No. NC0089109
American Zinc Products, LLC
Rutherford County
Dear Permittee:
A review of the April 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
001 Effluent pH (00400)
4/4/2022 9 9.96 Daily Maximum Exceeded
Note: This permit limit exceedance represents the ninth such violation in 3 years and indicates a chronic issue
with non-compliance. Effluent samples shall be representative of the permitted discharge per NPDES General
Permit Conditions Part II, Section D.(1.). Failure to collect, and analyze and report representative samples is also
a violation.
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.
D,Q
North Carolina Department of Environmental Quality 1 Division of Water Resources
Asheville Regional Office 12090 US. Highway 70 I Swarmanos, North Carolina 28778
82&296,4500

DocuSign Envelope ID: B45FB757-176C-49A3-8610-DF64B05E859D
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within fifteen (15) 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 15-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 Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Ec: LF
Sincerely,
DocuSigned by:
I'_anc�on Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
D,Q
North Carolina Department of Environmental Quality I Division cf Water Resources
Asheville Regional Office 12090 U.S. Highway70 15wannanoa, North CaroIna 25778
528.246.4500