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HomeMy WebLinkAboutNCS000597_NOV_20231026 ROY COOPER Governor j ' ELIZABETH S.BISERa;n � Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROL-INA Interim Director Environmental Quality October 26, 2023 CERTIFIED MAIL: 7020 3160 0000 3283 1080 RETURN RECEIPT REQUESTED Galvan Industries Attention: Laurens Willard, President Post Office Box 369 Harrisburg,North Carolina 28075 Subject: NOTICE OF VIOLATION (NOV-2023-PC-0525) NPDES Stormwater Permit NCS000597 Galvan Industries Galvan Industries—Harrisburg Cabarrus County Dear Mr. Willard: On October 18, 2023, Matthew Gigante from the Mooresville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Galvan Industries -Harrisburg facility located at 7320 Millbrook Road, Cabarrus County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Alex Lefitz, Senior Geologist with HDR, was also present during the inspection and her time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater Permit NCS000597. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Back Creek, class C waters in the Yadkin Pee-Dee River Basin. As a result of the site inspection, the following permit condition violations are noted: 1) Stormwater Pollution Prevention Plan (SPPP) Permit NCS000597 Part B: A Stormwater Pollution Prevention Plan (SPPP) has not been developed or properly implemented. As outlined in the attached inspection report, portions of an SPPP were presented during the inspection but most of the SPPP was not located and not presented for review. 2)Analytical Monitoring Permit NCS000597 Part D: Analytical monitoring has not been conducted and/or recorded in accordance with permit requirements. Furthermore, the Discharge Monitoring Report for the month of November 2022, received by this office on January 13, 2023, indicated exceedances of the TSS, COD, copper, lead, and zinc benchmarks. However, no notifications of benchmark exceedances, or documentation that the required Tier Process from the permit was being followed, was provided. North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources 4L Mooresville Regional Office 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704-663-1699 NOTICE OF VIOLATION Galvan Industries October 26, 2023 Page 2 of 2 Other Observations Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Action Items 1) Documentation of"no flows": Document no-flow conditions with photographic evidence and/or other tracking system so that the lack of measurable storm events in any given monitoring period is verifiable. 2) Tier Process: Follow the Tier process outlined in the referenced permit for all parameters exceeding a benchmark. Document in writing to this office the tier status and tier compliance activities for each parameter exceeding a benchmark and each outfall that has been monitored. 3) Action Plans: Submit an action plan or plans for the Tier III benchmark exceedances. 4) Monitoring: Immediately begin analytical monitoring for all industrial stormwater outfalls. Based upon the application submitted by the facility during 2019, the facility has six outfalls. However, analytical monitoring is only being conducted at Outfalls #1 and#5. A Representative Outfall Status (ROS) Request was received by NCDEQ DEMLR on July 28, 2023, however, that ROS request has not been approved. Additional information was requested by email on August 7,2023. That additional information has not been provided. 5) SPPP: Within 30 calendar days, submit a copy of the full Stormwater Pollution Prevention Plan to the NCDEQ DEMLR Mooresville Regional Office. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Matthew Gigante or myself at(704) 663-1699. Sincerely, ''Doeecu S''ig�InJ/e�ed by: CPM, CPESC, CPSWQ Regional Engineer Land Quality Section MG/JWE/ Enclosure: Compliance Inspection Report c: Mike Lawyer, Stormwater Program Supervisor- DEMLR Brad Cole, PE, Chief of Regional Operations - DEMLR DEMLR NPDES Stormwater Permit Laserfiche File North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 "� 704-663-1699