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HomeMy WebLinkAboutNC0089109_NOV-2016-LV-0030_20160128 PAT MCCRORY Gauenmr DONALD It_ RANI DER VAA.RT S"Yevvy Waterhesources ErwaaoWN01iiai00AUTY S. 1AY ZIMMERMAN Dirwtx Certified Mail # 7014 0510 0000 4466 7461 Return Receipt Requested January 12, 2016 Anthony K Staley R JPN 2$ LQ16 Horsehead Metal Products LLCtgr QuavM 484 Hicks Grove Rd e akev Sect\O Mooresboro, NC 28114 P SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0030 Permit No. NCO089109 Horsehead Metal Products, LLC Rutherford County Dear Permittee: A review of the August 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the vioiation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Cadmium,Total (as Cd) 8/31/2015 350 369.5 Monthly Average Exceeded (01027) 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 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. State of North Carolina I Environmental Quality I Water RCSUnrces 2090 U S.70 Highway,Swannanoa,NC 28778 828-296-4500 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) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional u ervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR',Nlq!Ratherford�,Wastewater\IndustnallHorsehead 891C9�,'tOV-NO[-2016-LV-C030.rtf