NC0084620_NOVNOI2024LV0312_20240408

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ia�STATf cy
ROY COOPER
Governor �^ -
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CARouNA
Director Environmental Quality
Certified Mail # 9589 0710 5270 07318013 79
Return Receipt Reauested
April 8, 2024
Rick Singleton, Manager Production
Sibelco North America
PO Box 588
Spruce Pine, NC 28777-0588
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0312
Permit No. NCO084620
Crystal Operation
Mitchell County
Dear Permittee:
A review of the November 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location
Parameter
Limit
Date Value
Reported
Value Type of Violation
001 Effluent
Solids, Total Suspended -
11/1/2023 266
407.8 Daily Maximum Exceeded
Quantity Daily (QD530)
001 Effluent
Solids, Total Suspended -
11/30/2023 133
154.62 Monthly Average Exceeded
Quantity Daily (QD530)
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.
199A.
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,1200USHigh-05N.rthC1W287 Ashe�llk Regional Office 205p U.5-Highway 9U Swannanoa.North Carolina 28TT8
82&296.4500

DocuSign Envelope ID: C5E376DE-B6FB-436E-9E74-286F8FE4165E
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 Rachel Rose of the
Asheville Regional Office at 828-296-4500.
EC: Laserfiche
Sandra Phillips (ORC)
Sincerely,
EPDocuSigned by:
AaA,lc,l, i�jbSS
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Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
worth Carollna Degartmeni 0 EowwmentaI Qaalit q I Dh0s of Water Re sources
Asheville Regional Office l Z0900.5-Highway 701 Swannanoa. North Carolina 28778
92&2964KC