NC0004243_NOV2015DV0168_20150815

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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
CERTIFIED MAIL August 5, 2015 _
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6242
Mr. John J. Moss -
Coats American Inc.
Sevier Plant RECEIVEDIDENRIDWR
P.O. Box 368 AUG 12 2015
Marion, North Carolina 28752
Water Quality
Subject: Notice of Violation and Permitting Section
Recommendation for Enforcement
NOV-2015-DV-0168
Sevier Plant/Coats American WWTP
NPDES Permit No. NC0004243
McDowell County, N.C.
Dear Mr. Moss:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment& Natural
Resources to protect and preserve the water resources of the State. The Division of Water
Resources (DWR) has the delegated authority to enforce adopted water pollution control rules
and regulations. `
On July 1, 2015, Asheville staff of the DWR responded to a request from local emergency
management to assist in the investigation of a fish kill. Upon investigation, DWR staff observed
dead fish present in N. Fork Catawba River (N. Fork) and Limekiln Creek, both are Class C
waters. Dead fish, amphibians,-benthic macroinvertebrates, and/or crustaceans were observed
along the N. Fork below the confluence with Limekiln Creek and in Limekiln Creek below the
confluence with an unnamed tributary (UT). On July 2nd, dead amphibians were observed in the
UT, upstream of the UT's confluence with Limekiln, and extending to the stormwater outfall
SW-007 located on the Coats American facility.
As a result of the on-site investigation,the following violations were observed:
Violation I. Discharge Without a Valid Permit
G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of
the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) - Make any outlets into i
the waters of the State.
1. The Release and Recommendation Report submitted on July 12, 2015 by ERM indicates
that six floor drains on the mid level of the filtration plant are routed to storm drain SW-
North Carolina Division of Water Resources—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,N.C. 28778
Phone[phone]
FAX [phone]
Internet: http://portal.nodenr.org/webtwgl
An Equal OpportunitylAffirmativeRction Employer

Mr. John J. Moss
August 5, 2015
Page 2 of 3
007 that discharges to the UT. Some of these floor drains are adjacent to chemical
storage tanks or other vessels used to store chemicals;
2. A rupture in the wastewater discharge line was observed during the July 1St
investigation. The breach allowed treated wastewater to be discharged into Limekiln
Creek. The subject permit only allows discharge to the N. Fork Catawba River. The
breach appeared to be related to stream bank erosion. The discharge via the breach was
ceased on July 13, 2015, when the line was repaired:The duration of this discharge is
unknown; and,
3. The subject assessment report indicates that cooling tower blowdown water and chiller
room blowdown water both are connected to the storm drain system. These
wastewater streams are required to either discharge to the wastewater treatment plant
and covered under your NPDES permit or under the approval of a separate, NPDES
general permit (i.e., NCG500000).
Violation II.Violation of Water Quality Standard
On July 2"d, DWR staff measured impounded, dark fluid in the UT, downstream of stormwater
outfall SW-007. The fluid measured a pH of 11.2 standard units and a dissolved oxygen
concentration of 0 mg/L. The discharge of a waste stream to the UT and downstream waters is
believed to be the source of the fish kill and associated health advisory placed on N. Fork and
portions of Lake James from July 2"d through July 10th
These measurements and supporting observations of the extent of fish and amphibian
mortality indicate a violation of:
1. 15A NCAC 02B .0211(2), removal of conditions related to best usage: the waters shall be
suitable for aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture. Sources of water pollution that preclude any of
these used on either a short-term or long-term basis shall be considered to be violating
avater quality standard.
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit
No. NC0004243. 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 violations in
addition to the above-referenced report, request technical assistance, or discuss overall
compliance please respond in writing within ten (10) days after receipt of this Notice. 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. a
Remedial actions, some of which have already begun to be implemented, should be taken to
correct the above-referenced violations. DWR may pursue enforcement actions for this and
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