NC0004308_Notice of Violation_20230214

DocuSign Envelope ID: D99D4D30-4545-46D7-8380-D70EFB226F97
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7019 1120 0001 4877 5973
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
February 14, 2023
Robyn L Gross, Americas Asset Director Management
Badin Business Park LLC
201 Isabella St
Ste 500
Pittsburgh, PA 15212-5858
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0901
Permit No. NC0004308
Badin Business Park
Stanly County
Ms. Gross:
A review of the October 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
005 Effluent Fluoride, Total (as F) (00951) 10/31/2022 1.8 2.7 Monthly Average Exceeded
012 Effluent pH (00400) 10/1/2022 6 5.73 Daily Minimum Not Reached
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.
Permit Condition II.13.2 Violation
Condition II.B.2 of your permit states, "The Permittee shall take all reasonable steps to minimize or prevent any
discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting
human health or the environment".
D_E QNorth�� Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 26115
704.663.1699

DocuSign Envelope ID: D99D4D30-4545-46D7-8380-D70EFB226F97
Since August of 2019, there have been 21 violations of the Fluoride limit at Outfall 005 for the referenced permit.
As a result, Badin Business Park, LLC has violated its Duty to Mitigate by failing to take all reasonable steps to
prevent the aforementioned Total Fluoride limit exceedance violations.
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 Roberto Scheller of
the Mooresville Regional Office at 704-663-1699 or via Roberto.Scheller([e-mail].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
John Hennessy
Compliance and Expedited Permitting Supervisor
Division of Water Resources, NCDEQ
Cc: Andrew Pitner, WQS Mooresville Regional Office - Enforcement File
Siying Chen, NPDES Compliance & Expedited Permitting Unit - Enforcement File
o Q)
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704,663.1699