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HomeMy WebLinkAboutNCS000608_Permit Modification_20240510 �c STATE ] ROY COOPER u Governor ELIZABETH S.BISER 2'nt ar Secretary WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality May 10, 2024 Emily Price, Plant Manager Covation Biomaterials, LLC 4693 NC Hwy 11 N Griffon,NC 28530 Subject. Pemit Modification Request NPDES Permit NCS000608 Covation Biomaterials Kinston Site Lenoir County Dear Permittee: The Division of Energy, Mineral, and Land Resources (the Division) received your modification request on May 2, 2024 requesting an additional 4 months to the original 12-month schedule to comply with secondary containment requirements. After review of your request, the Division approves the extended compliance deadline to be 16 months from the date of permit issuance. Accordingly, we hereby forward the modified permit pages to amend your permit extending the compliance deadline to 16 months in Part I.La. Please insert these change pages into your existing permit and discard the old pages. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resource or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Brianna Young at brianna.young@deq.nc.gov or call 919-707-3647. Sincerely, � I I u Brianna Young, Industrial Inkdividual Permit Coordinator DEMLR Stormwater Program cc: NPDES Stormwater Program Files(Laserfiche) Washington Regional Office Shelby AreIlano, Environmental Engineer, Covation Biomaterials, LLC D�L �,..- North Carolina Department of Environmental Quality I Division of Energy,Mlnerai and Land Resources ��J/� 512 North Salisbury Street 1 1612 Mail5ervice Center I Raleigh,North Carolina 27699-1612 � / 919.707.9200 Permit NCS000608 PART L• COMPLIANCE AND LIABILITY 1-1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: (a) Operating Facilities applying for first-time permit coverage: The Stormwater Pollution Prevention Plan shall be developed and implemented within 16 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in B-8 of this permit, shall be accomplished within 16 months of the effective date of the initial permit issuance. 1-2.-Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411. (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. (b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed$51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)], (c) The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. (d) Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. (e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a Page 29 of 37