NCGNE1019_Scanned Correspodance_20230911

hart hickman
Via E-Mail SMARTER ENVIRONMENTAL SOLUTIONS
September 11, 2023
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
943 Washington Square Mall
Washington,NC 27889
Attn: Mr. Varun Prakash
Re: Response to Stormwater Compliance Inspection Report
Avient Protective Materials
5750 Martin Luther King Jr. Hwy
Greenville,North Carolina
Dear Mr. Prakash:
On behalf of Avient Protective Materials (Avient), Hart & Hickman, PC (H&H) is providing this
letter report in response to the stormwater compliance inspection report (inspection report) that
was issued by the North Carolina Department of Environmental Quality (DEQ) Division of
Energy, Mineral, and Land Resources (DEMLR) following the inspection of the Avient facility
located at 5750 Martin Luther King Jr. Highway in Greenville, Pitt County,North Carolina (Site)
on June 7, 2023. The inspection report indicated that the facility was not in compliance with
their no exposure certification (NEC) and should apply for a stormwater permit. The reasons
provided for the NEC non-compliance were attributed to observations of open top dumpsters and
storage silos without dike walls.
In response to the receipt of the inspection report, Avient requested that H&H visit the Site to
provide guidance on the inspection report findings and recommendations for achieving
compliance with the NEC. H&H visited the site on August 24, 2023 and was accompanied by
Avient Safety, Health, and Environment(SHE) staff members Myrna Pacheco and Chris Carrow.
H&H walked the site and observed industrial operational areas including the open top roll off
containers and polyethylene powder storage silos. Following a review of stormwater exposure at
the Site, H&H believes that the facility can remain in compliance with the NEC by making a few
facility modifications. H&H concurs that the roll off containers require roofs or covers to
2923 South Tryon street,Suite 100 3921 Sunset Ridge Rd,Suite 301
Charlotte,NC 28203 Raleigh,NC 27607 www.harthickman.com
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Mr. Varun Prakash
September 11, 2023
Page 2
comply with the NEC. Avient is currently evaluating options for eliminating exposure of roll off
container contents to stormwater. The facility may:
• purchase tarps to cover each roll off;
• construct a canopy to store roll off containers; or
• replace open top roll off containers with covered versions that are loaded from access
doors on the side or dumpsters with closeable hard covers.
Regarding the six polyethylene powder storage silos, H&H believes that these are in compliance
with the NEC since the polyethylene powder is not exposed to stormwater. The transfer process
is fully enclosed with the loading of the silos via a camlock hose connection from the delivery
truck and the unloading of the silo to the interior process area via completely sealed metal
piping. To further minimize the potential for a release, unloading operations are always manned
and written unloading procedures are followed. In addition, the unloading process does not
occur during inclement weather. Although not required because the contents are not liquid, the
silos do have a form of secondary containment at the base of each silo that would contain a
release if a failure occurred at the conical bottom of the silo.
Avient expects to have these modifications complete within the next six to eight months.
Following completion of these modifications, Avient will submit photographs of the facility
modifications and request a re-evaluation of the NEC. Avient requests that DEQ provide
concurrence with this approach to maintain NEC. Please contact me if you have any questions
or require additional information.
Sincerely,
Hart&Hickman, PC
a'Gregory Kanellis, PE
Project Manager
cc: William Moore, DEQ
Myrna Pacheco, Avient
Chris Carrow, Avient
https://harthick.shmepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Avient(AVT)/Stormwater/NEC Stormwater Letter.doc hart : h i c k m a n
SMARTER ENVIRONMENTAL SOLUTIONS