NC0005274_Compliance_20190220

NPDES DOCUMENT SCANNING COVER SHEET
NPDES Permit:
NC0005274
Lowell Investments LLC
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
February 20, 2019
Thins document iia printed oar'. reuoae paper - i tore any
content on the re'eriae'side

Lowell Investments I, LLC
5320 Old Pineville Road, Charlotte, NC 28217
Tel [phone]
February 20, 2019
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Mooresville, NC 28115
RECEIVED/NCDENR/DWR
11,[3 2 5 :7:1191
WORos
MOORESVILLE REGIONAL OFFICE
Via Certified Mail
Re: Notice of Violation and Recommendation for Enforcement Action
NOV-2019-PC-0063
Lowell Investments, LLC
NPDES Permit No. NC0005274
Gaston County
Dear Mr. Basinger:
We have received a copy of the referenced Notice of Violation and Recommendation for
Enforcement Action regarding the spill that occurred onsite from Tank #3 on an unknown date
between December 14, 2018, and January 9, 2019.
At the time of initial reporting of this incident, there was no apparent path from the gravel -lined
basin containing Tanks #3-5 — i.e., the area of discoloration associated with the release
immediately underneath the broken transfer manifold did not extend over the edge of the basin
embankment. However, further investigation during the NCDEQ inspector's visit revealed that
the edge of the gravel -lined area covered a section of larger riprap rock that provided an
underground outlet path to the river via a lower ditch in the hillside, with residual discoloration
confirming this route.
As explained in the initial written notification of this spill, Tank #3 connected to a transfer
manifold that had apparently been taken apart, presumably by vandals scavenging the stainless
steel valves for scrap value, resulting in an open pathway for water to leave the tank.
Subsequently, all valves to Tank #3 (and all other above -ground tanks onsite) have been
disabled, either by installing locks on them or by removing the mechanical means of operating
them, to prevent any future unauthorized release.
The inspector noted in his observations that "access to the site was not appropriately restricted."
The entire site is surrounded by fence with "Danger, Do Not Enter, Authorized Personnel Only"
signs placed frequently along its length. All gates are chained and locked to prevent unauthorized

Response In \01.- O/9-PC -0063 pct,'L' 2 u/ 2
access. This location has been a frequent victim of vandals and thieves cutting chains and fencing
to acquire illegal entry to the property. We replace chains and locks, and repair fencing, as soon
as any breach is detected. The cut chain on the gate in the fence observed during this inspection
has been replaced and is now secure. However, the entire property continues to be an attractive
nuisance.
Please contact me if you have any questions concerning this response. To schedule a follow-up
inspection, please contact MariJon Owens at [phone] or [e-mail].
Since
To
i..
dcu,
cKittric
nager, Lowell Investments I, LLC
Cc: Ori Tuvia, NCDEQ by email only

Response to NOV-2019-PC-0059 photographs
Photos 1 - 5 Examples of disabled valves

Response to NOV-2019-PC-0059 photographs
Photo 6 Tank #2 (secondary clarifier) showing freeboard

Response to NOV-2019-PC-0059 photographs
Photos 7 - 8 Site access restriction examples
NOT ENTER
0RI0EO PERSONNEL ONLY

ROY COOPER
Governor
MICHAEL S. REGAN
yen etary
LINDA CULPEPPER
Director
r•ioRrll CAROLINA
Environmental Quality
February 13, 2019
CERTIFIED MAIL #7016 1370 0000 2591 1414
RETURN RECEIPT REQUESTED
Mr. Tom McKittrick, Manager
Lowell Investments, LLC.
5320 Old Pineville Road
. Charlotte, NC 28217
Subject: Notice of Violation and Recommendation for Enforcement Action
NOV-2019-PC-0059
Lowell Investments, LLC.
NPDES Permit No. NC0005274
Gaston County
Dear Mr. McKittrick:
Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the
subject facility on January 30, 2019, by Ori Tuvia. The cooperation of MariJon Owens during the
site visit was touch appreciated. Please advise the staff involved with this NPDES Permit by
forwarding a copy of the enclosed report.
Overall, the wastewater treatment system requires attention and maintenance. The following
observations require immediate attention:
• Valves to Tank #4 and Tank #5 did not have locks. This observation is of significant
concern given the apparent unrestricted access to the site and the fact that a recent spill
occurred at the site. Specifically, a spill of partially treated wastewater in the amount of
127,000 to 160,000 gallons occurred. The unpermitted discharge ultimately entered into
the South Fork Catawba River.
• Observation of Tank #2 (previously the secondary clarifier) indicated that freeboard
levels have not been maintained. At the time of the inspection, there was no freeboard
space and any addition of rainfall or wastewater would cause Tank #2 to overflow and
spill onto the ground and ultimately to surface waters of the State.
....•-••........V.__
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699

In addition to the maintenance issues, the facility was placed on 90-day notice to either
complete and submit an accurate permit application or request the permit be rescinded in
accordance with correspondence issued on January 28, 2019.
Please be advised that this correspondence is being transmitted as a Notice of Violation and
Recommendation for Enforcement Action. You are requested to respond to this Notice, in
writing, regarding the above noted violations, within fifteen (15) days of receipt. The response
should include all remedial actions including the specific activities to prevent the recurrence of
these violations. Failure to respond and/or failure to resolve the violations could subject you to
further action by the Division of Water Resources. Please be advised that pursuant to G.S. 143-
215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per
violation and 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.
The report should be self-explanatory; however, should you have any questions concerning this
report, please do not hesitate to contact Ori Tuvia at [phone], or at [e-mail].
W. Corey Basinger, Regional Supervisor
• Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Attachment: inspection Report
Cc: NPDES, MRO Files (Laserfiche)

Picture 1. Layout of the facility and tank
numbers.
Picture 2 and 3 unlocked valves
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Picture 4 and 5 lack of freeboard at tank #2

United States Environmental Protection Agency
G PA Washington, D.C. 20480
EPA
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires e.31-86
Section A: National Data System Coding (Le., PCS)
Transaction Code NPOES yr/mo/day Inspection
1 1 2I ILI 3 1 NC0005274 111 12 iwoi/3o 17
Type
18 I r I
1111II11111
Inspector FacType
19 Lsj 20i
21111111 1111111111111111111111111
1s
Inspection Work Days Faddy Self -Monitoring Evaluation Rating 81 QA
67 20 70 LI 71 11 72 I2,,ji
Reserved
73 11 I74 751 I I I I I 1 180
— —
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also Include
POTW name and NPDES permit Number)
former Yorkshire Americas site
1602 N Main St
Lowell NC 28088
Entry Time/Date
10:O5AM 10/01/30
Permit Effective Date
13/01/01
Exit Time/Date
11:15AM 19/01/30
Permit Expiration Date
13/12/31
Name(s) of Onsite Representative(stles(s)/Phane and Fax Numbers)
/1!
Manton Owens///
Other Facility Data
Name, Address of Responsible Offici !/Tdle/Phone and Fax Number
Contacted
Tom McKlttrick,5320 Old Pineville Rd Charlotte NC 26217/Manaper1704-364-9100/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
II Permit Operations & Maintenance • Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Orl A Tuvla MRO WQ//704-883-1699/ l/t3 J.,
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Andrew Pitney MRO WQ//704-663-1699 Ext.21 Z . 13 . 1 ar
EPA Form 3580-3 (Rev 9-94) Previous editions are obsolete.
. Page# 1

31
NPDES
NC0005274
111 121
yr/mo/day
19f01 /30
17
Inspection Type
18 l�l
(Cont.)
1
Section D; Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Permit section:
At the time of the inspection, the inspector observed that the valves for Tank #4 and Tank #5 were not
locked. The inspector also observed that there was limited restriction for access to the site.
The Division administratively extended the expired permit (as of 12/31/2013) to the current owner (via
name/ownership change) on 1/10/2014. This administrative extension allowed the current owner a
reasonable opportunity to complete plans for the property and provide a complete and accurate permit
application. As of February 5, 2019, the facility has yet to submit a completed application. On January
28, 2019, the facility was placed on a 90-day notice. Having provided more than a reasonable
opportunity to act, the Division now gives notice that it intends to return your permit application,
effectively terminating the permit, unless one of the following actions is satisfactorily completed by 5:00
p.m. on Friday, May 3, 2019:
1. Submit a complete and accurate permit application for the facility to this office. The application must
describe the current and, if known, future activities at the site; the nature of the wastewaters to be
discharged, and the characteristics of those wastes; and must include other information specified in
the application. (Note that, for our purposes, stormwater captured in the tanks is considered
wastewater.)
—OR-
2. Withdraw the current permit application and request permit rescission, in writing, and remove the
effluent discharge pipe for Outfall 001. In choosing this action, your options are to:
a. prior to submitting your request, discharge waters from the tanks at Outfall 001 per the current
permit and properly dispose of all sludge from the tanks; or
b. cease discharge to surface waters and transport the waters and sludges off -site for proper disposal.
in options a. or b., you must also ensure that the tanks, once emptied, can no longer hold water.
Operation and Maintenance section:
Sludge and wastewater remain in most tanks. Prior to the inspection, a spill was reported to have
occurred at the facility. Facility personnel reported that due to alleged vandalism, a valve was broken at
Tank #3 causing approximately 127,000 - 160,000 gallons of wastewater to be discharged onto the
ground.
At the time of the inspection, the inspector observed that the valves for Tank #4 and Tank #5 were not
locked.
In addition, it was observed that Tank #2, (previously the secondary clarifier) has not been properly
maintained with respect to freeboard. At the time of the inspection, there was no freeboard space and
any addition of wastewater or rainfall would cause Tank #2 to overflow and spill onto the ground.
Page# 2

Permits NC0005274 Owner - Facility: former Yorkshire Americas site
Inspection Date: 01/30/2019 Inspection Type: Compliance Evaluation
Permi*
(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 see summary.
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment: See Summary
Yes No NA NE
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Yea No NA NE
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Page# 3