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HomeMy WebLinkAboutNCG050447_NOV_20240308 ROY COOPER Governor j ' ELIZABETH S.BISERa;n � Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROL-INA Interim Director Environmental Quality March 8, 2024 CERTIFIED MAIL 7022 0410 00003 2707 0049 RETURN RECEIPT REQUESTED Darnel Inc. Attention: Mike Curry 1809 Airport Road Monroe,North Carolina 28110 Subject: NOTICE OF VIOLATION (NOV-2024-PC-0149) and NPDES Stormwater General Permit NCG050000 Darnel Inc. Darnel Inc-Monroe, Certificate of Coverage NCG050447 Union County Dear Mr. Curry: On February 22, 2024, Lily Kay from the Mooresville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Darnel Inc -Monroe facility located at 1809 Airport Road, Union County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Mike Curry was also present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG050000 under Certificate of Coverage NCG050447. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Dry Fork, class C waters in the Yadkin Pee-Dee River Basin. As a result of the site inspection, the following permit condition violation(s) are noted: 1) Stormwater Pollution Prevention Plan (SWPPP) The Stormwater Pollution Prevention Plan (SWPPP) was available at the time of inspection, but documentation of annual certification, monthly and annual facility inspection reports, annual non- stormwater discharge inspection report, and annual employee trainings were not available at the time of inspection. Other Observations The facility only samples one outfall from the retention pond in the front of the facility but at least two other outfalls were identified during the inspection. There was a significant amount of debris from the 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 704-235-2100 NOTICE OF VIOLATION Darnel Inc. March 8, 2024 Page 2 of 2 discarded rolls of unusable materials in the stormwater channels and around the pond. Further action is needed to address this issue. Requested Response You are asked to respond to this office,in writing,within 20 calendar days from receipt of this notice.Your written response should include a reasonable explanation as to why the aforementioned violation(s) have occurred as well as a Plan of Action to prevent these violation(s) from recurring. Action Items • Immediately review and amend the facility's SWPPP as needed and incorporate documentation pertaining to the annual update requirements of the permit. Submit a copy of the updated SWPPP, including documentation of the inspections and trainings,by May 24, 2024. • Conduct and record analytical and qualitative monitoring per the conditions of the permit for all industrial stormwater outfalls and submit the Discharge Monitoring Reports on the eDMR website. • Submit a Corrective Action Plan for the debris issues on the site with a timeline for the actions to be completed by May 24, 2024. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above-mentioned response to this correspondence will be considered in this process. 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 Lily Kay or myself at(704) 235-2100. Sincerely, EDocuSigned by: 4A35D6602B02438... Jerry W. Eplin, PE Acting Regional Engineer Land Quality Section LK/JWE/cys Enclosure: Compliance Inspection Report c: Mike Lawyer, CPSWQ, 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 E Q ie�p_z� Mooresville Regional Office 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704-663-1699 Compliance Inspection Report Permit:NCG050447 Effective: 06/06/23 Expiration: 05/31/28 Owner: Darnel Inc SOC: Effective: Expiration: Facility: Darnel Inc- Monroe County: Union 1809 Airport Rd Region: Mooresville Monroe NC 28110 Contact Person:Mike Curry Title: Phone: 704-800-5178 Directions to Facility: Site is located approx. 0.4 miles southwest of the intersection of Airport Road and Old Charlotte Hwy(SR1009)Road in Monroe Union Count NC. System Classifications: SWNC, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02/22/2024 Entry Time 12:30PM Exit Time: 01:50PM Primary Inspector:Lily C Kay Phone: 704-663-1699 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 4 Permit: NCG050447 Owner-Facility:Darnel Inc Inspection Date: 02/22/2024 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The Stormwater Pollution Prevention Plan (SWPPP)was available at the time of inspection, but documentation of annual certification, monthly and annual facility inspection reports, an annual non-stormwater discharge inspection report, and annual employee trainings were not available at the time of inspection. An updated SWPPP with documentation of the inspections and trainings, analytical and qualitative monitoring reports for all outfalls, and a plan of corrective action for the debris with a timeline must be submitted to the Mooresville Regional office by May 24, 2024, or enforcement action including penalties of up to $25,000 per day may be taken. If you have questions, contact me at Lily.Kay@ncdenr.gov or by phone at (704)235-2137. Page 2 of 4 Permit: NCG050447 Owner-Facility:Darnel Inc Inspection Date: 02/22/2024 Inspection Type:Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ #Does the Plan include a General Location (USGS) map? ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ ❑ #Does the Plan include a BMP summary? ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ #Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ #Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: The Stormwater Pollution Prevention Plan (SWPPP)was available at the time of inspection, but documentation of annual certification, monthly and annual facility inspection reports, an annual non-stormwater discharge inspection report, and annual employee trainings were not available at the time of inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring? 0 ❑ ❑ ❑ Comment: Qualitative monitoring has been conducted semiannually. The permit reissued in June of 2023 requires quarterly sampling starting first quarter of 2024. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ 0 ❑ ❑ Comment: Analytical monitoring has been conducted semiannually. The permit reissued in June of 2023 requires quarterly sampling starting first quarter of 2024. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ #Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ❑ Page 3 of 4 Permit: NCG050447 Owner-Facility:Darnel Inc Inspection Date: 02/22/2024 Inspection Type:Compliance Evaluation Reason for Visit: Routine Comment: The facility only samples one outfall from the retention pond in the front of the facility but at least two other outfalls were identified at the inspection. There was a significant amount of debris from the discarded rolls of unusable materials in the stormwater channels and around the pond. Further action is needed to address this issue. Page 4 of 4