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HomeMy WebLinkAboutNCS000236_NOV-2024-PC-0234_20240410 5_OL 5fA7i 41,�0 ROY COOPER Governor _ ELIZABETH S.B1SER a Secretary WILLIAM E.TOBY VINSON,]R NORTH CAROLINA Interim Director Environmental Quality April 10, 2024 CERTIFIED MAIL 7019 1120 0002 0066 3552 RETURN RECEIPT REQUESTED Susan Collins, Executor of Randall Andrews' Estate Industrial & Agricultural Chemicals, Inc. 2042 Buie Philadelphus Road Red Springs,NC 28377 Subject: Notice of Violation NOV-2024-PC-0234 Failure to Submit Additional Information Industrial & Agricultural Chemicals, Inc. NPDES permit NCS000236 Robeson County Dear Permittee: Per the terms of your NPDES permit found in Part I11, Section A. 8., you are required to provide information to the Division when requested. On February 8, 2024 the Division sent an additional information request in order to continue the permit renewal process, with a submittal deadline of March 8, 2024. The Division followed up on this request for additional information on March 6, 2024; March 18, 2024; and March 22, 2024. Upon the request of Industrial & Agricultural Chemicals, Inc., the deadline for submittal was extended twice, first to March 15, 2024 and then to April 5, 2024. Our records indicate that as of the date of this letter, the requested additional information has not been received. Failure to provide requested information to the Division is a violation of the terms of your permit, subjecting you to a possible assessment of civil penalties. The following permit condition violations are noted: Part III Section A. 8. DutV to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Based upon the above facts, I conclude as a matter of law that Industrial & Agricultural Chemicals, Inc. violated or failed to act in accordance with the requirements of NPDES Permit NCS000236 and G.S. 143-215.1(b). A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any D Q-5i North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 � � /'� 919.707.9200 Page 2 of 2 documents, data, or reports required by G.S. 143-215.1(b). The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8). In order to reduce the risk of receiving additional enforcement action, you must submit the requested information within ten (10) days of receipt of this notice. Please ensure that the requested information is sent to the Division. A review of your response will be considered and you will be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty may be assessed. If you have any questions about this letter, please contact Brianna Young at 9I 9-707-3647 or via e-mail at brianna.young@deq.nc.gov. Sincerely, Michael Lawyer, Stormwater Program Supervisor Division of Energy, Mineral, and Land Resources cc: NPDES Stormwater Program Files (Laserfiche) Fayetteville Regional Office Toby Vinson, Interim Director, DEQ DEMLR Erline Locklear Barnes, Industrial & Agricultural Chemicals, Inc.