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HomeMy WebLinkAboutNC0089109_NOV-2015-LV-0312_20150513 NCDEE AR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 13,2015 11 CERTIFIED MAIL RECEiVEDIDENR1DWR RETURN RECEIPT REQUESTED 7014 0610 0000 4466 5757 MAY 14 2015 Mr.Anthony K. Staley Qualityter Horsehead Holding Corporation Permitting Section Rutherford County Production Facility 484 Hicks Grove Road Mooresboro,North Carolina 28114 Subject: Notice of Violation and Recommendation for Enforcement ` Tracking#: NOV-2015-LV-0312 Rutherford County Production Facility NPDES Permit No.NCO089109 Rutherford County Dear Mr. Staley: A review of the February 2015 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit i° 02/28/2015 001 Cadmium, Total 685.25 4g& 350 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0089109. 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. 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)days after receipt of this Notice. A review of your response will be considered along with any information provided on the February 2015 Discharge Monitoring Report. 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 FAX (828)299-7043 I Internet http:l/podal.ncdenr.uglwebtwq An Equal Opportunity/Affirmative Action Employer Mr. Anthony K. Staley May 13, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or - me at 828/296-4500. ` Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch • 6 3910')NOV-NRE-2015-LV-0312.Jx