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NC0000892_LV-2024-0309_20240927
ROY COOPER Gonema MARY PENNY KELLEY Sarnr2ary RICHARD E. ROGERS. JR. Dlretrar Certified Mail # 7020 3160 0000 4115 1230 Return Receipt Requested Daniel Cox, Deputy Director of Manufacturing Arclin USA Inc 790 Corinth Rd Moncure, NC 27559 C SrAtro .., .r^ NORTH CAROUNA Environmental Quality September 27, 2024 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES WW Permit No. NCO000892 Arclin USA Inc Arclin USA, Inc Case No. LV-2024-0309 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,135.61 ($1,000.00 civil penalty -+- $135.61 enforcement costs) against Arclin USA Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Arclin USA Inc for the month of March 2024. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000892. The violations, which occurred in March 2024, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Arclin USA Inc violated the terms, conditions or requirements of NPDES WW Permit No. NC0000892 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). P�lelph ReybNtORke 7000 Canes[ 0mr i Rlrph Naeh Caroltw 7760v via M420d Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Arclin USA Inc: $125.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0000892, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C) - Ouantity Daily 875.00 1 of 1 violations of G.S. 143-215. l (a)(6) and Permit No. NC0000892, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. Q - Ouantity Daily 1 000.00 TOTAL CIVIL PENALTY $135.61 Enforcement Costs 1 135.61 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not inchide waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, ,you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an.Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and.."or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal dateitime received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang(4-deq.nc.gov. Sincerely, Vanessa E_ Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-0309 County: Chatham Assessed Party: Arclin USA Inc Permit No.: NC0000892 Amount Assessed: $1,135.61 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent T tture occurrences), (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND } STIPULATION OF FACTS Arclin USA Inc } Arclin USA, Inc ) PERMIT NO. NC0000892 } CASE NO. LV-2024-0309 Having been assessed civil penalties totaling $1,135.61 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 27, 2024, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE , 20 PERMIT: NCO000892 FACILITY: Arclin USA, Inc LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 3/7/2024 3-2024 BOD, 5-Day (20 Deg. C) - Quantity Daily 3/31 /2024 3-2024 BOD, 5-Day (20 Deg C) - Quantity Daily ATTACHMENT A Arclin USA Inc CASE NUMBER: LV-2024-0309 REGION: Raleigh COUNTY: Chatham Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value Value Limit Type Amount Weekly Ibs/day 95.95 139.9 45.8 Daily $125.00 Maximum Exceeded Weekly lbs/day 36.10 66.1 83.1 Monthly $875.00 Average Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Arclin USA Inc Facility Name: Arclin USA, Inc Permit Number: NC0000892 County: Chatham Case Number: LV-2024-0309 ASSESSMENT FACTORS 1) 1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No known damage to environment, public health or private property l �A"' V ),hr, -b tkafi i �z+t+ 2) The duration and gravity of the violation; W iyca '!-4 One daily maximum and one monthly average exceeded for BOD. 4Y6.S % A6.,v (-- ,6 `'! 03.1 `le ,4,soe . i'^t - 3) The effect on ground or surface water quantity or quality or on air quality; Not documented. 4) The cost of rectifying the damage; Not documented. 5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. Any money saved by noncompliance is de minimis. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two CPA in the past year. 8) The cost to the State of the enforcement procedures. $135.61 Date Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ O O O O C O O O O O O O a�»tea rA G 0 d O z I �� L`L'L'L`�C •cep= p a eLma.ia e = " o g J °e 7 C O � a � O a t r t z E 0.wwwuuvv,3oe�Ovv Y 6 u m S S 8 4YQ � 8 S N � E 3 o � E a �{ e Fd 4 m 07 m i i lu II g g � hi N �. r h •� gx h a r •y a I 0 0 3 �rN €r $r L O � i a [ d d m a m ao ILA r N v. ,0 0. 0.m I j mAli d m Dggg �_ yy yry _ qay _ r E ti0 t °oaaa smzzz � a — — S 8 8 1 s m J dI m d v a a ! °� ------ Zv-- - - - - -- zr �.�v,r.r.v. Z, zr,yM��'�w N M gnt H H H N N N N �,aa� N „m,sry 25 8g c8gv v.�8 � $BS ee a��y N N H M ? err• c� :.� a' U VV V rn7� cQ7 cQ7 [A.7 [Qi z 20 a s� r.. •� n� si <1 v 1 .x alA of ni <1 v nl n nrn n o eea a e«! ! «!a ! m@a m !ma m ##■ a b !! | !! � f�� * 333 sEs E � ]ill 73 � ! � | | � ■aa ® ¥■# m ¥¥a # ! ! ] » � » ! k � ) #qm E! a aaa a ��� ] 7 ) ! � ! ) @ILL k I I k kk --- k, Z§!+ ©R� - !3 ! - - ! , t } f 2 k...� 2 �---. - ) k k , k;\ k ! ° � \ ! ! § R ) J } � 2 )k ) ! ! $ \ | J & � f d ! � ! � k B . » .. !■!_( .�, `6|f`� \«/ �! J. zz ;c � a �. � � � `� a' r 'r �_ n°� gg 3 �� � E �,� � a v u N ' H a Z C a z W �: z 'A5C'F.7.7 C-D > l r Arclin Performance Appl ed August 5, 2024 CERTIFIED MAIL #9589071052700489982658 RETURN RECEIPT REQUESTED NCDEQ Raleigh Regional Office — Water Quality Section Attn: Vanessa Manuel, Assistant Regional Supervisor 3800 Barrett Drive Raleigh, NC 27609 A AUG - 8 2024 117 RE: Response to revised Notice of Violation — Intent to Assess Civil Penalty NOV-2024-LV-0448 Arclin USA, LLC NPDES Permit Number NC0000892 Chatham County Dear Ms. Manuel: The following is in response to the above referenced revised Notice of Violation/Intent to Issue Civil Penalty (NOV) letter received at site via e-mail on July 24, 2024, originally received at site on June 6, 2024, with Arclin response on June 14, 2024. The following is an update on site waste water treatment plant (WWTP) performance in response to upset condition reported to Kevin Fowler at NC DEQ on March 7, 2024. Arclin's continuing investigation, monitoring and response actions due to the upset were presented to NC DEQ during site visit on April 10th, and in follow-up communication on May 1611, 2024. As discussed with DEQ, unusually low ambient temperatures during that period cause an upset in the WWTP that significantly reduced biological activity, resulting in elevated BOD results. Arclin took immediate action upon discovery of the upset condition and continues to invest labor and economic resources to address return to normal operations, such as: - Addition of municipal mixed liquor; - Contracting waste water treatment consultant to aid in initial remedial measures and operational adjustments; - Development of robust control plans, expanding monitoring parameters for enhanced process control and system adjustments; - Evaluating WWTP to identify feasible improvement opportunities; and - Comprehensive evaluation of site waste water streams composition and process control and/or reuse potential Page 2 of 3 Ardin USA LLC Our monitoring data demonstrates a correlation between water temperature and BOD results as illustrated by the graph in Attachment 1. As temperature dropped in January and February of 2024, BOD results began to fluctuate, peaking in March and subsiding only when ambient temperatures began increasing in April. The results have since stabilized, demonstrating the causal relationship between ambient temperature and BOD levels. Though our results indicate the BOD results have stabilized, we will continue more frequent monitoring of indicator parameters in the event additional controls are required, and to account for any fluctuations that may be observed in the future due to the system's long hydraulic residence times (50 days) and even longer mean cell residence times. Given the trend obtained as part of our investigation, we believe the BOD results were the outcome of the exceptional and unforeseen circumstances that arose from extreme cold weather that reduced biological activity and caused system upset condition. We request DEQ consider the effect of the upset condition, as per 40 CFR 122.41 (n), as well as Arclin's notification; proper operation at the time of discovering the upset; investigation and findings; assignment of resources and remedial measures into account, and eliminate the intent to assess civil penalty. If you have any additional questions, please contact me at (334) 343-8101 Daniel Cox Deputy Director of Manufacturing C Page 3 of 3 Arclin USA LLC Attachment 1 — Temperature vs. BOD Trend Temperature Vs BOD 35 — ---- -- - - — — 300.00 30 4-0 250.00 ♦ 25 dk 200.00 E20 - — —� - - - -- -—��-♦ j 150.00 �5 ~ 15 - --I� 4�I - - ♦ 100.00 10 - -- -T 50.00 22/30/2301/19/2402/08/2402/28/2403/19/2404/08/2404/28/2405/18/2406/07/2406/27/2407/17/24 ♦ Temperature - -� BOD Docusign Envelope ID: DD196856-DE05-4C07-B52C-ABEAOCA2BOA1 ROY COOPER Governor ELIZABETH S. BISER Se 'Wary RICHARD E. ROGERS, JR. Duero NORTH CAROLINA ihvlranmental Qualify Certified Mail # 7020 3160 0000 4115 1049 Return Receipt Requested 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 Violationfsl: Sample Limit Reported Location Parameter Date Value 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. obrh Cro�r [hArr,rrr+dErw�v.rx,+J yu�r bhr.imdWr.. Ana..r. 4M1�4ywJ(Mre ]efMl6rrnr Orhs lakly�TWrh Crdru lie0a Y.:irn-�r n.w�w q9 rVr�100 Docusign Envelope ID: DD196856-DE054CD7-1352C-ABEAOCA280A1 If the violations cited in this Notice are of a continuing nature, you must pro vide_ a report to DWR's Ralelah Realonal 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 RRONOVResponse6deg.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, CDocuSlQned by: VVAIA),SSX f. M.A,,t� B2916E�A632144- Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ M.ksyi.ryb.40flkr ].W 6rrer[PFe R.kgh `M.rhGnF. 7+�11. 9/23124, 3:32 PM USPS.com® - USPS Tracking& Results USPS Tracking® Tracking Number: 70203160000041151049 Copy Add to Informed Delivery (https:Hlnformeddelivery.usps.com/) Latest Update FAOs > Remove X Your item was picked up at a postal facility at 9:45 am on August 2, 2024 in MONCURE, NC 27559. 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Contact USPS Tracking support for further assistance. FAQs https:/!tools usps.com/gotTrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70203160000041151049%2C 2P2 NPDES PERMIT NO.: NCO000892 FACILITY NAME: Arclin USA, Inc OWNER NAME: Arclin USA Inc GRADE: WW-2 eDMR PERIOD: 03-2024 (March 2024) PERMIT VERSION: 5-0 CLASS: WW-2 ORC: Christopher G. Lamm ORC HAS CHANGED: No VERSION: 10 PERNIIT STATUS: Active COUNTY: Chatham ORC CERT NUMBER: 25529 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO ""No Reporting Rcasow ENFRUSE .. No Flow-ReuselRccycle: ENV WTHR -No Visitation Adverse Wcather; NOFLOW No Flow. HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record(COR_NC0000892_Ver_1.0_3_2024.pdf) .NPDES PERMIT NO.: NC0000892 PERMIT VERSION: 5.0 FACILITY NAME: Arclin USA, Inc CLASS: WW-2 OWNER NAME: Arclin USA Inc ORC: Christopher G- Lamm GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 03-2024 (March 2024) VERSION: 1.0 COMPLIANCE STATUS: Non -Compliant CONTACT PHONE #: 9195422526 Electronically Certified by Christopher Lamm on 2024-04-29 12:23:42.58 0RC+Certifier SignaIure:Chrisiopher Lamm 1 certify that this report is accurate and complete to the best of my knowledge. PERMIT STATUS: Active COUNTY: Chatham ORC CERT NUMBER: 25529 STATUS: Submitted SUBMISSION DATE: 04r34'2024 Phone #;919-353-0762 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment - Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the NPDES permit. Electronically Signed by James Gard on 2024-04-30 11:47:16,271 Perm ittee/Submitter Signature: ***James Gard Phone #:9195457053 Date Permittee Address: 790 Corinth Rd Moncure NC 27559 Permit Expiration Date- 0430;2028 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace AnalyticaVArclin USA, Waypoint CERTIFIED LAB #: 12;'40; 667,5285,415,47701 PERSON(s) COLLECTING SAMPLES: Chris Lamm/Kevin Holder PARAMETER CODES Parameter Code assistance may be obtained by visiting htips:+, deq.ne.gov:'about. divisions`water-resourcesr'edmr. user -documentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No FlowlDischarge From Site- YES indicates that No Flow`Dlschargc occurred and, as a result, no data is reported for any parameter on the DMR for the entire monitoring period. ** ORC on Sue?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittec, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR—NC0000892_Vcr_I.0 3_2024.pdf) NPDES PERMIT NO.: NC0000892 PERMIT VERSION: 5.0 PERMIT STATUS: Active FACILITY NAME: Arclin USA, Inc CLASS: WW-2 COUNTY: Chatham OWNER NAME: Arclin USA Inc ORC: Christopher G. Lamm ORC CERT NUMBER: 25529 GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 03.2024 (March 2024) VERSION: 10 STATUS. Submitted Report Comments: BOD results from Waypomt Lab were high 3+7 and 3, 14 leading to out of compliance for pounds weekly and monthly average. 2 ■§ $ § § - � § d § _} { / v r- ) z z z z z 2 z q 8 8 8 8 2 FP- § ° _ k _ _ ® - � _ § 2 � � $ § �k 2 & 7 to © - - oo Q \ \ j _ _ _ _ \ k § $ A \ �&� ) E ■k c r / 0 0: & \ . � CL w� A 0 j mz= �§ � o $ u, f CO. / / %\2 wo= t f k °®� §■? a. �r0 § m G \ m 8 R 8 / & k _ _ ® / o $ § � � N co j j CD,.. a c@ Q _ k _ _ _ a n # wo ■; 2 J ®o J _ 0 o C. 0 g 0 o / ) d $ o G e R » _ _ _ § a § § G _ 3 2 ) § 2 $ Q k T _ I_ ■ ; § 7 @ 2 § § § r, W § + c �4« \ CO CD CD m C s 5 E .11■ ) & ~ $ #/ z x § cm w q .. § CDG CD G § % ,. g; 0 6 a R N ) % ( t § § C Q § § @ o U IL■ v z § § DocuSign Envelope ID- 65151309-2226-4EB9-9AAC-4434F1AE7465 Permit NCO000892 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the proviions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Arclin USA, LLC is hereby authorized to discharge wastewater and storrnwater from a facility located at Arclin USA, LLC 790 Corinth Road Moncure Chatham County to receiving waters designated as the Haw River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and V hereof. This permit shall become effective ............................ May 1, 2023. This permit and authorization to discharge shall expire at midnight on April 30, 2028. Signed this day ........................................... March 25, 2023. IpacuSigned by: O ° S (P 06WAM, 57287 E58E81.140D. Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Page 2 of 25 DocuSign Envelope ID 65151309-2226-4EB9-9AAC-4434F1AE7465 Permit NCO000892 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Per►nit.s i,ssuecl to this f icilityF, whether for operation or discharge are hereliv revokecl, and as of this issuance, curl' previously is,suetl permit hearing this numher is no loitger- e_�jectivc'_ There_/i re, the e_tclusive authority to operate and discharge from this fiwility arises under- the permit conditions, requirements, lerm,s, and provisions included herein. Arclin USA, LLC is hereby authorized to: Continue to operate an existing 0.100 MGD wastewater treatment facility consisting of: 0 1.7 MG aerated equalization basin with surface aerators 0 1.6 MG active sludge aeration basin with surface aerators 0 19.5 ft diameter clarifier o Four (4) 20 ft x 50 ft sand filter beds o Effluent flow meter o Effluent composite sampler o Three (3) 25 ft x 50 ft sludge drying beds The facility is located at Arclin USA, LLC 790 Corinth Road, Moncure, Chatham County. Discharge wastewater through Outfall 001 and stormwater associated with industrial activity through Outfalls 002, 003 and 004 from said treatment works at the location specified on the attached map into the Haw River, which are classified WS-[V waters in the Cape Fear River Basin. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must certify the No Exposure Exclusion once annually. Page 2 of 25 DocuSign Envelope ID65151309-2226-4EB9-9AAC-4434F1AE7465 Permit NCO000892 Part I SECTION A: INDUSTRIAL WASTEWATER A. (I.) EFFLUENT LIMITATIONS AND MONIORING REQUIREMENTS [I 5A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated industrial and domestic wastewater, and reverse osmosis reject wastewater from Ougf t l 001, Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.1 MGD Continuous Recording Influent or Effluent BOD.5-day.20°C 36.1lbs.`day 95.95lbs1day Weekly Composite Effluent Total Suspended Solids (TSS) 39.6 Ibs;`dav 126.85 lbslday Weekly Composite Effluent pH Not more than 9.0 S.U. nor less than 6.0 S.U. Weekly Grab Fffluent NH3 as N, mg/L Weekly Grab Effluent Dissolved Oxygen (DO), mglL Weekly Grab Effluent Dissolved Oxygen (DO), n1g?L Weekly Grab Upstream & Downstream Formaldehyde, mg/L Weekly Grab Fflluent Temperature, °C Weekly Grab Upstream & Downstream Conductivity, µmhos/c1112 Monthly Grab Effluent Conductivity, pohnls/cm Weekly Grab Upstream & Downstream TKN, nigiL 3 Weekly Composite Effluent NO2-N+NO3-N, mg/L 3 Weekly Composite Effluent Fecal Col iforin. ##/100 mL Monthly Grab Effluent Total Nitrogen (TN), mg/L ; Quarterly Composite Effluent Total Phosphorus (TP), mg/L Quarterly Composite Effluent Chronic Toxicity 2.4 Quarterly Composite Effluent Salinity, ppt 2 Annually Grab Effluent Total Dissolved Solids, ing/L `' Annually Grab Effluent Total Arsenic, µg/L '- Annually Grab Effluent Total Chlorides, nig/L 2 Annually Grab Effluent Total Iron, mg/L ' Annually Grab Effluent Total PA115 357.5 µg;iL 357.5 µg L Annually Grab Effluent 40 applicable PFAS compounds` Quarterly Grab Effluent Footnotes: 1. Upstream — 100 feet above the discharge. Downstream = In the I -law River prior to confluence %� ith the Deep River. Instream monitoring is waived as long as Perinittec remains a member of the Upper Cape Fear River Basin association. See special condition A. (4.). 2. Samples must be collected during; an RO wastewater discharge event. Page 3 of 25 DocuSign Envelope D- 65151309=2226-4EB9-9AAC4434F1AE7465 Permit NCO000892 3. Total Nitrogen is the sum of Total Kjeldahl Nitrogen and Nitritc!Nitratc Nitrogen, TKN and (NO—N - NO,-N) respectively. 4. Chronic Toxicity (Ce iodalAtta) eir, 0.39%.- Fehruurv% Allay, Atuif, rsf, and Nure» lhei% See Special Condition A. (3.)- 5. PAH - polyaromatic hydrocarbons. 6. Please see special condition A. (7). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 25 DocuSign Envelope ID 65151309-2226-4EB9-9AAC-4434E1AE7465 Permit NCO000892 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 ct seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Pen-nittce is authorized to discharge OCPSF related process wastewater as defined by 40CFR 414.91 Subpart I from Oirtfcill 00/. Such discharges shall be limited and monitored b the Permittee asspecified below: Effluent Characteristic Daily Maximum Monthly Average Measurement Sample Sample Ibsfda Ibs/da Fre Type i Location Acenaphthene 0.034 0.013 Quarterly Grab E Acenaphthylenc 0.034 0.013 Quarterly Grab E Acrylonitrile 0.141 0.056 Quarterly Grab E Anthracene 0.034 1295 µg/L Quarterly Grab E Benzene 0,079 0.022 Quarterly Grab E Benzo(a)anthracene 0.034 14.94 µg/L Quarterly Grab E 3,4-Benzofluoranthenc 0.036 14.94 µg/L Quarterly Grab E Benzo(k)fluoranthene 0.034 0.013 Quarterly Grab E Benzo(a)pyrene 0.036 1.49 µg/L Quarterly Grab E Bis(2-ethylhexyl) phthalate 0.163 0,060 Quarterly Grab E Carbon Tetrachloride 0.022 0.011 Quarterly Grab E Chlorobenzene 0.016 0.009 Quarterly Grab E Chloroethane 0.156 0.061 Quarterly Grab E Chloroform 0.027 0.012 Quarterly Grab E 2-Chlorophenol 0.057 0.018 Quarterly Grab E Chrysene 0.034 0,013 Quarterly Grab E Di-n-butyl phthalate 0.033 0.016 Quarterly Grab E 1,2-Dicllorobenzene 0.095 0.045 Quarterly Grab E 1,3-Dichlorobenzene 0.026 0.019 Quarterly Grab E 1,4-Dichlorobenzene 0.016 0.009 Quarterly Grab E I.1-Dichloroethane 0.034 0.013 Quarterly Grab E 1.2-Dichloroethane 0.123 0.040 Quarterly Grab E I,1-Dichloroethylene 0.015 0.009 Quarterly Grab L 1,2- trans- Dichloroethylene 0.032 0.012 Quarterly Grab E 2,4-Dichlorophenol 0.065 0.023 Quarterly Grab E 1,2-Dichloropropane 0.134 0,089 Quarterly Grab E 1,3-Dichloropropylene 0.026 0.017 Quarterly Grab E Diethyl phthalate 0.119 0.047 Quarterly Grab E. 2,4-Dimcthylphenol 0.021 0.011 Quarterly Grab E Dimethyl phthalate 0.027 0.011 Quarterly Grab E 4,6-Dinitro-o-cresol 0.162 0,046 Quarterly Grab E 2,4-Dinitrophenol 0.072 0.041 Quarterly Grab F 2,4-Dinitrotoluene 0.166 0.066 Quarterly Grab E 2,6-Dinitrotoluene 0.374 0.149 Quarterly Grab E Ethylbenzenc 0.063 0.019 Quarterly Grab L Fluoranthene 0,040 0,015 Quarterly Grab L Fluorcne 1 0.034 1 0.013 1 Quarterly Grab E Page 5 of 25 DocuSign Envelope ID- 65151309-2226-4EB9-9AAC-4434F1AE7465 Permit N00000892 Effluent Characteristic Daily Maximum Monthly Average Measurement Sample Sample Ibs/da lbs/day Frequency Tye Location' Hexachlorobenzene 0.016 0.91 }tg/L Quarterly Grab E Hexachlorobutadiene 0.029 0,012 Quarterly Grab E Hexachloroethane 0,032 0.012 Quarterly Grab E Methyl Chloride 0.111 0,050 Quarterly Grab E Methylene Chloride 0.052 0.023 Quarterly Grab E Naphthalene 0.034 0.013 Quarterly Grab E Nitrobenzene 0,040 0.016 Quarterly Grab E 2-Nitrophenol 0-040 0.024 Quarterly Grab E 4-Nitrophenol 0.072 0.042 Quarterly Grab E Phenanthrene 0.034 0.013 Quarterly Grab E Phenol 0.015 0,009 Quarterly Grab E Pyrene 0.039 0.015 Quarterly Grab E Tetrachloroethylene 0.033 0.013 Quarterly Grab E Toluene 0.047 0.015 Quarterly Grab E Total Nickel 1 2.324 0.987 Quarterly Grab E 1,2,4-Trichloroben7ene 0.082 19.69 Ftg, L Quarterly Grab E 1, 1, 1 -Trichloroethane 0.032 0.012 Quarterly Grab E 1,1,2-Trichloroethane 0.032 0.012 Quarterly Grab E Trichloroethylene 0.032 0.012 Quarterly Grab E Vinyl Chloride 0.156 0.061 Quarterly Grab E Page 6 of 25