NCG200366_Notice of Violation_20180710

ROY COOPER
Governor
7a
MICHAEL S. REGAN
Secretary
Energy, Mineral WILLIAM E. (TOBY) VINSON, JR.
and Land Resources Interim Director
ENVIRONMENTAL QUALITY
July 10, 2018
CERTIFIED MAIL: 7012 3050 0001 9398 6129
RETURN RECEIPT REQUESTED
OmniSource Southeast, LLC
Attn: Mike Fulk, Yard Manager
455 Glidden Street
Fayetteville, NC 28301
Subject: NOTICE OF VIOLATION (NOV-2018-PC-0228)
NPDES Stormwater General Permit NCG200000
OmniSource Southeast, LLC
OmniSource Southeast, LLC - Fayetteville
NPDES General Permit NCG200000/Certificate of Coverage NCG200366
Cumberland County
Dear Mr. Fulk:
On June 19, 2018, Melissa Joyner, from the Fayetteville Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), conducted a site inspection for the OmniSource Southeast, LLC Fayetteville
facility located on Glidden Street, in Cumberland County, North Carolina. A copy of the Compliance
Inspection Report is enclosed for your review. James Winegar, Environmental Manager, was also present
during the inspection and his time and assistance was greatly appreciated. The site visit and file review
revealed that the subject facility is covered by NPDES Stormwater General Permit NCG200000 under
Certificate of Coverage NCG200366. Permit coverage authorizes the discharge of stormwater from the
facility to receiving waters designated as Blounts Creek, a Class C waterbody located in the Cape Fear River
Basin.
As a result of the site inspection, the following permit conditions violations are noted
1) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
2) Analytical Monitoring
Analytical monitoring has not been conducted and recorded in accordance with permit requirements.
Other Observations:
Please refer to the enclosed Compliance Inspection Report for additional comments and observations made
during the inspection.
Requested Response:
You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your
written response should include a reasonable explanation as to why the aforementioned violations have
occurred as well as a Plan of Action to prevent these violations from recurring.
State of North Carolina I Environmental Quality I Energy, Mineral end Land Resources
Fayetteville Regional Office 1 225 Omen Street, Suite 714 I Fayetteville, NC 26301
910-433-3300

Thank you for your attention to this matter. This office requires that the violations, as detailed above, be
properly resolved. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000 per day for each violation. Should you have any questions regarding these
matters, please contact Melissa Joyner or myself at [phone].
Sincerely,
Timothy L.La nty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosure: Compliance Evaluation Inspection Report
ec: James Winegar, Environmental Manager (via email)
Toby Vinson, Interim Director — DEMLR (via email)
Annette Lucas, PE, Program Manager - DEMLR, Stormwater Permitting Program (via email)
Laura Alexander, Administrative Assistant - DEMLR, Stormwater Permitting Program (via mail)
cc: FRO — DEMLR, Stormwater Files-NCG200000.

Compliance Inspection Report
Permit: NCG200366 Effective: 02/02/15 Expiration: 12/31/19 Owner: Omnisource Southeast LLC
SOC: Effective: Expiration: Facility: OmniSource Southeast, LLC - Fayetteville
County: Cumberland 445 Glidden St
Region: Fayetteville
Fayetteville NC 28301
Contact Person: Michael Fulk Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
On-site representative James Winegar 919-989-3102 ext 275
Related Permits:
Inspection Date: 06/19/2018 Entry Time: 01:30PM Exit Time: 03:30PM
Primary Inspector: - Melissa A Joyner Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Wholesale Trade of Metal Waste and Scrap Stormwater Discharge COC
Facility Status: ❑ Compliant E Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

Permit: NCG200366 Owner- Facility: Omnisource Southeast LLC
Inspection Date:- 06/19/2018 -. - - Inspection Type: Compliance Evaluation Reason for Visit: -Routine
Inspection Summary:
Melissa Joyner met with Mr. Mike Fulk, Yard Manager and Mr. James Winegar, Environmental Manager at the OmniSource
faciity located in Fayetteville, NC. The Stormwater Pollution Plan (SPPP) was reviewed and appeared well -organized. In the
SPPP, there was no statement about there having been no spills for the previous three years for 2015 and 2016. There was
also no documentation of annual employee training for 2015 and 2016. The Qualitative and Analytical monitoring forms were
reviewed. Qualitative monitoring was not conducted during the second monitoring period of 2016, and was only conducted
annually, not semi-annually, for 2015 and 2017. There were exceedances of benchmark values for TSS, Copper, Lead and
Zinc which were noted for Outfalls 2, 3, 4 and 5. Exceedances were noted for the second monitoring period of 2015 and the
first monitoring period of 2016. Monthly monitoring and reporting for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples was not initiated per the conditions of General Permit
NCG200000. There have been continuing exceedances noted with sampling results from the second monitoring period of
2016 and the first monitoring period of 2017.
Outfall 1 no longer needs to be monitored because it does not appear to be an actual outfall.
Page: 2

Permit: KICG200366 Owner- Facility: Omnisource Southeast LLC
- - Inspection Date: 06/19/2016 Inspection Type :Compliance Evaluation
Reason for Visit: Routine _
I
.Storm Water Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
0 ❑ ❑ ❑
I # Does the Plan include a General Location (USGS) 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?
N ❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
0 ❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ ❑ ❑
# Does the Plan include a BMP summary?
0 ❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
0 ❑ ❑ ❑
- # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
0 ❑ ❑ ❑
- # Does the facility provide and document Employee Training?
0 ❑ ❑ ❑
# Does the Plan include a list of Responsible Parly(s)?
0 ❑ ❑ ❑
# 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?
E ❑ ❑ ❑
Comment:
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ E ❑ ❑
Comment: The faciity has not conducted its Qualitative Monitoring semi-annually.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 1:111
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ N ❑
Comment: The facility has been conducting Analytical Monitoring but monthly monitoring was not initiated
after exceedances of benchmark values for TSS. Coppet. Lead and Zinc in the second half of
2015 and the first half of 2016.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ N. ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑
Comment:
Page: 3