The URL can be used to link to this page

Home My WebLink AboutNC0005258_NOVNOI2023OC0002_20230111 January 11, 2023 CERTIFIED MAIL 7022 0410 0002 1249 6954 RETURN RECEIPT REQUESTED Attn: Shane Holland, Plant Manager SGL Carbon LLC 307 Jamestown Rd Morganton, NC 28655 Subject: NOTICE OF VIOLATION AND NOTICE OF INTENT TO ENFORCE NOV-2023-OC-0002 (Incident #202201877) Unlawful Discharge of Petroleum Products NPDES Permit No. NC0005258 Burke County Dear Mr. Holland, Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect and preserve the water and air resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce water pollution control laws and regulations. On December 30, 2022 at 4pm, DWR was notified that a petroleum sheen was visible in Silver Creek at 913 West Union St in Morganton, NC and extending approximately 4-5 miles downstream in the Catawba River. Silver Creek (11-34-(6.5) and the Catawba River (11-(32.7) are both classified as water supply IV streams. On December 31, 2022, staff from DWR discovered that the source of the petroleum sheen in Silver Creek was a discharge of hydraulic fluid from SGL Carbon LLC’s permitted outfall for NPDES Permit No. NC0005258. The discharge of hydraulic fluid to Silver Creek continued until SGL Carbon LLC staff located and isolated the source of the hydraulic fluid entering the wastewater treatment system on January 4, 2023. This discharge violated the following North Carolina General Statutes and Water Quality Standards: Violation I. Unlawful Discharge NCGS §143-215.83(a) - It shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. DocuSign Envelope ID: 1A7E182B-B026-497F-9B7F-B1893B785217 Violation II. Violation of Water Quality Standards. The supporting observations indicate violations of: 1. 15A NCAC 02B .0211 (1) – Removal of Best Usage of Class C Waters: aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, agriculture, and any other usage except for primary recreation or as a source of water supply for drinking; 2. 15A NCAC 02B .0211 (2) – Removal of Conditions Related to Best Usage of Class C Waters: the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution that preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard; 3. 15A NCAC 02B .0211 (12) - Oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, colored, or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110.3(a)-(b) which are hereby incorporated by reference including any subsequent amendments and additions. Required Response and Corrective Action This Office requests that you provide a response to this letter in writing. Your response is to be received by this office no later than fourteen (14) days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the cause, significance, and extent of the release. Please include a detailed summary of all investigative findings, emergency actions, and any proposed remedial actions. This Notice of Violation and Notice of Intent to Enforce (NOV/NOI) is being issued for the above noted violations of NCGS §143-215.823(a) and water quality standards set forth in 15A NCAC 02B .0211. These violations and any future violations are subject to civil penalties. Pursuant to NCGS § 143-215.88(a), any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of this Part may be assessed of a penalty of up to five thousand dollars ($5,000) for every act or omission which causes, aids, or abets a violation of the Oil Pollution and Hazardous Substances Control Act. Pursuant to NCGS § 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed by the Secretary against any person who violates any classification, standard, limitation, or management practice established pursuant to NCGS §143-214.1, NCGS §143-214.2, or NCGS §143-215. If any action or failure to act for which a penalty may be assessed under this section is continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per day for so long as the violation continues, unless otherwise stipulated. For violators who have not been assessed a civil penalty in the preceding five years, the maximum penalty is ten thousand ($10,000), or ten thousand ($10,000) per day in the case of continuing violations. DocuSign Envelope ID: 1A7E182B-B026-497F-9B7F-B1893B785217 Thank you for your attention to this matter. This Office requires that the violations, as detailed above, be properly resolved. This Office is considering enforcement action regarding these violations. If you wish to provide additional information regarding the noted violations or discuss overall compliance, please include these topics in your required response. Your response will be considered in evaluating appropriate enforcement action. Should you have any questions regarding these matters, please contact me at (828) 296-4500 or via email at Daniel.boss@ncdenr.gov. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: Laserfiche DocuSign Envelope ID: 1A7E182B-B026-497F-9B7F-B1893B785217 -=t- Do / nly U ) a- For delivery information, visit our website at FFICIAL Us Er Certified Mail Fee rU $ Extra Services & Fees (check box, add tee as appropriate) ❑ Return Receipt (hardcopy) $ O ❑ Return Receipt (electronic) $ Post' � DartMail Restricted Delivery $ Here 1-3 ❑ Adult Signature Required $ []Adult Signature Restricted Delivery $ C3 Y Postage rq $ `l a 3 Total Postage and Fees ru S T ru W --ONT N 'Cft' SrQ� d �d POJBNo. ------ ■ Compidit8 iterrts 1, 2, and 3. ■ Print yo&,; name and address on the reverse so that;can return the card to you. ■ Attach this card ^to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Shane Holland, Plant Mangy Carbon LLC 3 Jamestown Rd Morganton, NC 28655 1111111111111111111111111111111111111111111111 9590 9402 5998 0069 3220 74 9 Artinla Ni Imhor (7`ransfer from service label) 7022 0410 0002 1249 6954 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature ❑ Agent ❑ Addressee B. Received by (Printed ame) C. Date of Delivery S 4� W0- 1 ! I a , 4 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Expresso • Adult Signature ❑ Registered MailTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery El Signature Confirmation TM ❑ Insured Mail ❑ Signature Confirmation I" 1......-..d 1.M:1 O—fv #cA 11.11—, Restricted Delivery NOV-2023-OC-0002 (DB) NC0005258 BURKE Aic Return Receipt