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HomeMy WebLinkAboutNC0000892_NOV-2024-LV-0448_20240722Docusign Envelope ID: DD196856-DE05-4CD7-B52C-ABEAOCA2BOA1 ia�STATf cy ROY COOPER Governor �^ ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CARouNA Director Environmental Quality Certified Mail # 7020 3160 0000 4115 1049 Return Receipt Reauested July 22, 2024 James Gard, Manager Plant Arclin USA Inc 790 Corinth Rd Moncure, NC 27559 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0448 Permit No. NC0000892 Arclin USA, Inc Chatham County Dear Permittee: A review of the March 2024 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 BOD, 5-Day (20 Deg. C) - 3/7/2024 95.95 139.9 Daily Maximum Exceeded Quantity Daily (QD310) 001 Effluent BOD, 5-Day (20 Deg. C) - 3/31/2024 36.1 66.1 Monthly Average Exceeded Quantity Daily (QD310) 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. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. Please respond in writing within ten (10) business days after receipt of this Notice, stating whether the violation(s) has been corrected, or if it is of an ongoing nature. If the violation(s) has been resolved, your response should include a description of the actions that were taken to address the violation(s) and to prevent their reoccurrence. D_E Q� Na h Carolina Department o(En.ironm nralQ allry I Division of Wwer Raouras Raleigh Reglonal Office I WO Barren Drive I Raleigh, North Carolina Z7409 �rm..mue��i. �+�� 919.i91.4200 Docusign Envelope ID: DD196856-DE05-4CD7-B52C-ABEAOCA2BOA1 If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR's Raleigh Regional Office that includes the following information: • Owner and Facility Name, and NPDES Permit Number. • A list of violations that have occurred during the noncompliant episode. • A statement summarizing the facility's investigation of the noncompliance, indicating its cause. • The facility's corrective action plan or strategy to address the noncompliance. • A statement describing the facility's implementation of its corrective action plan, including the date of an anticipated return to consistent compliance. Your response and/or report should be submitted to my attention to the address at the bottom of the first page, or you may send it as an attachment to an email to RRONOVResponse@dea.nc.gov. Either form of reply should be submitted within ten (10) business days. Furthermore, if you wish to provide any additional information regarding the noted violation(s) that may affect the Division's enforcement response, please include that information as part of your response. This information, along with statements provided on the submitted Monitoring Report(s), will be evaluated in the consideration of any assessment of civil penalties related to the violation(s). If continuing violations are not related to operation and/or maintenance problems, and you anticipate remedial construction activities, you may wish to consider applying for a Special Order by Consent (SOC). Please be aware that it is a condition of your NPDES permit that you adequately address such violations (Part II, Section B. 2 - the "Duty to Mitigate" condition). Violations of a continuing nature can justify the assessment of increased civil penalty amounts to address the noncompliance. If you have any questions concerning this matter, wish to request technical assistance, discuss overall compliance, or explore the possibility of entering into a SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200, or via email at cheng.zhang@deq.nc.gov. Cc: Laserfiche Sincerely, ocuSigned by: E�D a. f, i�l4 kd 2916E6AB32144F... Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department o(En.lronmenta[QMity I Divisio-I` Water Resources Raleigh Regional Office 1 WO B0 arwt Dave I Raleigh. North Carolina 271 09 ""91A200