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HomeMy WebLinkAboutNCG030623_Notice of Deficiency_20180122,h t. r? Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Industrial Fabricators, Incorporated Attention: Roger Bingham, President 4328 South York Highway Gastonia, North Carolina 28052 /- I- C" ES� WILLIA(Mj JATERP ESOUR�b January 22, 2018 7016 1370 0000 2595 8495 ROY COOPER Governor MICHAEL S REGAN Secretary E TOBY VINSON, JR. Interim Director Bingham Properties, LLC 7016 1370 0000 2595 8501 Attention: Roger Bingham, Manager and Patricia Bingham, Registered Agent and Manager 323 Dover Road Kings Mountain, North Carolina 28086-8697 Subject: NOTICE OF DEFICIENCY NOD -2018 -PC -0006 General Permit Number NCG030000 Certificate of Coverage Number NCG030623 Industrial Fabricators Main Plant Industrial Fabricators, Incorporated Gaston County, North Carolina Dear Sir and Madam, Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the compliance inspection conducted on January 11, 2018 at your facility located at 4328 S York Highway, Gastonia, North Carolina. This inspection was conducted by Holliday Keen. This inspection was conducted as a routine inspection to evaluate compliance with Certificate of Coverage number NCG030623 issued to Industrial Fabricators, Inc. for this site on November 16, 2017. This permit covers on site activities including the manufacturing of metal products. The enclosed report should be self-explanatory. Please note the comments located in the summary portion of the inspection report. As noted by the inspector, the Stormwater Pollution prevention plan has not been created for this site which is a violation of permit condition Part II Section A stating that "The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP)." Additionally, Analytical and Qualitative Monitoring have not been conducted or recorded in the SPPP. This is a violation of permit conditions Part II Section B and State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115 704 663 1699 T Industrial Fabricators Main Plant NCG030623 January 22, 2018 Page 2 Part II Section D respectively. It was also noted on site that this site has not determined all applicable outfalls which is a violation of Part II Section A.1(c) of the general permit. Please review the violations as listed below and see the attached addendum for information about your permit. 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented. Yes ❑ No 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. Yes ❑ No ® NA ❑ 3) Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements. Yes ❑ No ® NA ❑ 4) Permit and Outfalls The permittee has not evaluated the stormwater outfalls for illicit discharges annually as required by the permit. Required Response Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. Please provide a written response detailing the measures taken to bring your facility into compliance. Your response should document the initiation of the analytical and qualitative monitoring at the subject facility in accordance with the terms and conditions of the permit. This response should be received no later than 30 days from the date of this letter. If you have any questions or require any additional information, please contact Holliday Keen at (704) 235-2148 or Holliday.Keen@NCDENR.gov or me at (704) 663-1699. Sincerely, eri 'A1 `,(r Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Mooresville Regional Office HK/cys Enclosures: Inspection Report .Industrial Fabricators Main Plant NCG030623 January 22, 2018 Page 3 ADDENDUM The National Pollutant Discharge Elimination System (NPDES) program was established under the federal Clean Water Act and then delegated to the Division of Water Quality for implementation in North Carolina. The NPDES permitting program for stormwater discharges was established in 1990. Phase I focuses on site and operations planning to reduce pollutant sources. Through the NPDES permitting program industrial facilities that fall into one of the subject ten categories are required to obtain permit coverage under a general permit or an individual permit, depending upon the facilities SIC code and the industrial activity occurring at the facility. There are currently 19 active general stormwater permits in North Carolina. One condition that is applicable to both the general permits and individual stormwater permits is the requirement to develop and implement site-specific comprehensive Stormwater Pollution Prevention plans (SPPP). These plans are required to include a comprehensive evaluation of the site and operations to reduce pollutant sources and prevent pollutant discharge. Copies of the general permits and accompanying documents can be accessed from the following webpage: http://portal.ncdenr.org/web/wq/ws/su/npdessw#General_Permits_NPDES. Permit text, technical bulletins, discharge monitoring forms, and a Notice of Intent [which is the application for coverage under a NPDES General Stormwater Permit] can be found on this website. The following items are a subset of permit requirements and are listed to assist you and help bring your attention to certain permitting issues, process and condition requirements of your permit. Please see the above mentioned website to obtain a copy of the permit so you may fully comply with all the conditions therein. Failure to properly comply with conditions of the permit, like those bulleted below, is a violation(s) of the permit and subject to civil penalty assessment(s) of up to $25,000.00 per day. • Industrial facilities that fall into one of the subject ten categories are required to obtain permit coverage under a general NPDES stormwater permit or an individual NPDES stormwater permit • All persons desiring to have facilities covered by a General Permit must register with the Division of Water Quality (DWQ) by filing of a Notice of Intent (NOI) and Applicable Fees. • This Notice of Intent (NOI) must be submitted and a Certificate of Coverage issued prior to any discharge of stormwater associated with the industrial activity, process wastewater, and/or mine dewatering. • Once the Notice of Intent is received, DWQ will review and determine whether a Certificate of Coverage (COC) may be issued. If this Certificate of Coverage is issued the facility is covered by the General Permit. That is, the permittee is authorized to discharge stormwater, process wastewater, and/or mine dewatering pursuant to the type of General Permit until the permit expires or is modified or revoked. • Any other point -source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. Industrial Fabricators Main PlantI NCG030623 �) January 22, 2018 Page 4 There are currently 19 active general permits. Permit conditions vary accordingly; however, most of the permits have the following condition requirements (you must read your entire permit to ensure full compliance): o Development and compliance with the Stormwater Pollution Prevention Plan o Collection, reporting, and recording of Analytical Monitoring o Collection, reporting, and recording of Qualitative Monitoring o Collection, reporting, and recording of Vehicle Maintenance Monitoring (if applicable) o Records — Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of the analytical monitoring results shall also be maintained on site. The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip -chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample measurement, report, or application. o Expiration — The permittee is not authorized to discharge after the expiration date of the general permit. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 -days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement. Failure to renew your permit is a violation. o Transfer — The Certificate of Coverage (COC) issued pursuant to this general permit is not transferable to any person expect after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the Certificate of Coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permit is NOT transferable. o Name Change, Closure, or Facility Ownership change — Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. The Division of Water Quality views changes of name or ownership as a modification that requires the Director's approval and reissuance of the permit. Name and ownership changes require you to complete a Name/Ownership Change Form from the Division and mail it back to the Division of Water Quality along with all appropriate information. o Proper Operation and Maintenance is a requirement of the permit. Permit: NCG030623 SOC: County: Gaston Region: Mooresville Compliance Inspection Report Effective: 11/16/17 Expiration: 10/31/18 Owner: Roger Bingham Effective: Expiration: Facility: Industrial Fabricators Main Plant 4328 S York Hwy Contact Person: Roger Bingham Directions to Facility: intersection of Hwy 321 S & Crowders Creek Rd System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 01/11/2018 Entry Time: 02.00PM Primary Inspector: Holliday Keen Secondary Inspector(s): Gastonia NC 28052 Phone: 704-864-3032 Certification: Phone: Exit Time: 03'OOPM Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: N Storm Water (See attachment summary) Page Permit: NCG030623 Owner -Facility: Roger Bingham Inspection Date: 01/11/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary, During this inspection I met with Jack Herndon and discussed site conditions and permit requirements I noted that a Stormwater Pollution Prevention Plan (SPPP) has not been created, site outfalls have not been determined, and analytical and qualitative monitoring have not been completed. Please create and implement a SWPPP and a follow up inspection will be conducted to assess site compliance If you have any questions, please contact our office at 704-663-1699 or by email at Holliday. Keen@NCDENR gov Page- 2 Permit: NCG030623 Owner - Facility. Roger Bingham Inspection Date: 01/11/2016 Inspection Type : Compliance Evaluation Reason for Visit Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ 0 ❑ ❑ # Does the Plan include a General Location (LISGS) map? ❑ 0 ❑ ❑ # Does the Plan Include a "Narrative Description of Practices"? ❑ 0 ❑ ❑ # Does the Plan Include a detailed site map Including outfall locations and drainage areas? ❑ 0 ❑ ❑ # Does the Plan Include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # Does the Plan Include a BMP summary? ❑ ®❑ ❑ # Does the Plan Include a Spill Prevention and Response Plan (SPRP)? ❑ ®❑ ❑ # Does the Plan Include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ ❑ # Does the facility provide and document Employee Training? ❑ ®❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ® ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ B ❑ ❑ Comment. A Stormwater Pollution Prevention Plan has not been created for this facility Qualitative Monitoring Yes No NA NE Has the facility conducted Its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Qualitative monitoring has not been conducted. Analytical Monitorinq Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ # Has the facility conducted Its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment- Analytical monitoring has not been conducted Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑ # Were all outfalls observed during the inspection? ❑ 0 ❑ ❑ # If the facility has representative outfall status, Is It properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑ Comment All site outfalls have not yet been determined Current known outfall Is not accessible due to steep terrain and overgrown vegetation Page 3