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HomeMy WebLinkAboutNCGNE0838 - Industrial Fabricators Welding DivisionEnergy, 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 ROY COOPER Governor D V MICHAEL S. RESecretary GAN 1 '' 47 2018 I LIAM E. TOBY VINSON, JR. IDirector I DEQ -WATER RESOURCES � I 401 & BUFFERPERMITiIt - January 22, 2018 7016 1370 0000 2595 8488 Bingham Properties, LLC 7016 1370 0000 2595 8471 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 -0003 General Permit Number NCG030000 Certificate of Coverage Number NCGNE0838 Industrial Fabricators Welding Division 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 4930 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 NCGNE0838 issued to Industrial Fabricators, Inc. for this site on May 4, 2012. This issuance serves to certify that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified. Per the No Exposure Certification, the applicant is obligated to maintain no exposure conditions and complete a Self -Recertification form at least once each year or obtain coverage under an NPDES permit in the event that the subject site no longer qualifies for No Exposure Exclusion. The North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule 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 Welding Division NOD -2018 -PC -0003 January 22, 2018 Page 2 implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000) 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 site conditions are in violation of the No Exposure Certification due to the outdoor storage of materials that could potentially impact stormwater runoff from this facility. 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 plans and timeframe to re-establish compliance with the No Exposure Certification or intent to obtain coverage under an NPDES general 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.KeengNCDENR.gov or me at (704) 663-1699. Sincerely, Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Mooresville Regional Office HK/cys Enclosures: Inspection Report Or , Industrial Fabricators Welding Division NOD -2018 -PC -0003 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 Welding Division NOD -2018 -PC -0003 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. Compliance Inspection Report Permit: NCGNE0838 Effective: 05/04/12 Expiration: Owner: Industrial Fabricators SOC: Effective: Expiration: Facility: Industrial Fabricators Welding Division 4920 S York Hwy County: Gaston Region: Mooresville Gastonia NC 28052 Contact Person: Jack Herndon Title: Phone: 704-864-3032 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 01/11/2018 Primary Inspector: Holliday Keen Secondary Inspector(s): Certification: Phone: Entry Time: 02 OOPM Exit Time: 03 OOPM Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, No Exposure Certificate Facility Status: ❑ Compliant Not Compliant Question Areas: N Miscellaneous Questions Misc (See attachment summary) Page 1 Permit: NCGNE0838 Owner -Facility: Industrial Fabricators 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 Upon inspection of the facility I noted various materials being stored outside and without permanent cover that have potential to affect stormwater runoff The observed conditions violate the requirements of the No Exposure Certification which was granted to this site on May 4, 2012 Please remove or place under complete and permanent cover all stored materials that have potential to impact the quality of stormwater coming from this site These materials include, but are not limited to, used pallets, scrap metal, scrap wood, and open dumpsters If this site is unable to re-establish compliance with the No Exposure Certification, you will be required to apply for an NPDES General Permit Please comply with the requirements of the No Exposure Certification or submit a Notice of Intent for an NPDES General Permit to the Raleigh Central Office. A follow up inspection will be scheduled to re -assess site compliance If you have any questions, comments, or concerns please contact our office at 704-663-1699 or by email at Holliday Keen@NCDENR gov Page 2 e Permit: NCGNE0838 owner - Facility: Industrial Fabricators Inspection Date: 0111112018 Inspection Type • Compliance Evaluation Reason for visit: Routine Misc Is the facility compliant? Comment: Materials with potential to affect stormwater runoff are being stored outside without cover. Yes No NA NE ❑■❑❑ Page 3