NCG200339_EPA Administrative Order_20120131

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UNITED STATES ENVIRONMENTAL PROTECTION
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REGION 4
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ATLANTA FEDERAL CENTER
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61 FORSYTH STREET
5r PROSE
ATLANTA, GEORGIA 30303-8960
JAN 31 2012
CERTIFIED MAIL 7010 1060 0002 1705 8103
RETURN RECEIPT REQUESTED
Ms. Vonna Cloninger
Chief Executive Officer, Biltmore hron and Metal
Company, Incorporated
One Meadow Road
Asheville, North Carolina 28803
Re: Administrative Order No. CWA 04-2012-4759
National Pollutant Discharge Elimination System Permit No. NCG200339
Dear Ms. Cloninger:
The U.S. Environmental Protection Agency, Region 4 has received Biltmore Iron and Metal Company,
Incorporated's (BIMCO) submissions in response to Administrative Order (AO) No. CWA 04-2012-
4759. The first submission was not dated; however, it was stamped received by the EPA on December
28, 2011; the second response is dated January 20, 2012, and was received by the EPA on January 17,
2012. The EPA has reviewed both submissions. To ensure that the EPA and BIMCO are in accord and
to eliminate any confusion, the following comments and questions are offered; Paragraphs 17A through
E of the AO are referenced:
A. Immediately upon receipt of this Order, sign the Stormwater Pollution Prevention
Plan (SWPPP) as required by Parts II.A.7 and III.13.5 of the Permit. Within 30 days of the date
of receipt of this Order, submit a copy of the signed SWPPP.
A signed copy of the SWPPP was attached to the December 28, 2011,
submission; the SWPPP was dated November 3, 2011.
B. Immediately upon receipt of this Order, as required by Part II.A.9 of the Permit,
implement elements contained in the SWPPP as follows:
Provide containment to the 55 -gallon motor oil drum in the maintenance
shop;
2. Provide containment to the 275 -gallon used oil/fuel/antifreeze drum,
275 -gallon used gasoline drum and 150 -gallon used oil drum in the automobile fluid
reclamation area;
The December 28, 2011, response stated that a large containment platform I
been ordered and would be installed. BIMCO's letter dated January 20, 201
stated that the platform had been installed. Please provide the date the platf(
was installed and its use implemented.
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3. Provide containment or drip pans in the fluid reclamation yard;
The December 28, 2011, submission states that this was accomplished on
November 30, 2011. However, the January 20, 2012, submission, states
that this is being accomplished by the large containment platform.
Information provided is confusing; how will the platform replace drip pans
in the reclamation yard? Please provide details of how BIMCO
accomplished this task and how it will be accomplished in the future.
4. Provide employee training on Spill Prevention and Response procedures;
The December 28, 2011, submission stated that training was completed on
November 3, 2011. The January 20, 2012, response refers to page 6 of the
SWPPP for proof of training. Page 6 of the SWPPP contains the names of the
members of the Pollution Prevention Team. Training is referenced on page 30 of
the SWPPP. Please provide a training attendance list and how BIMCO will
institute training on a recurring basis for all employees.
Increase sweeping of concrete and asphalt areas;
The December 28, 2011, submission states that sweeping is done on a weekly
basis. Please provide the date that weekly sweeping was instituted and any
records reflecting the weekly events.
6. Conduct monthly inspections of the mobile equipment areas;
The December 28, 2011, response states that inspections are being done monthly,
beginning with December 1, 2011. The January 2012 submission states that
inspections of equipment are conducted on a daily basis. Please provide a copy of
any inspection records or logs that are being kept to documents these inspections.
Ensure that there are no materials stored in stormwater conveyance
areas;
The December 28'x' response states that this item was completed. The
January 20, 2012, submission states that there are no materials stored in
the conveyance area. Please provide the date materials were removed.
8. Evaluate the detention pond for either an increase in capacity or
provide for regular sediment removal;
Both submissions state that the evaluation was completed and that the
detention pond size was increased as of December 14, 2011.
9. Replenish the compacted gravel surface of the ferrous yard
roadway;

The December 28"' submission states that this is an ongoing activity and a
stockpile of gravel is kept on site. The January submission further states
that the gravel is replenished bi-monthly. Please provide any records or
logs kept to document this activity.
W. Provide vegetative cover to the stormwater ditch on the eastern property
boundary and on the detention pond berm and perimeter;
Both submissions state that an erosion mat is in place and that seeding will
take place in the spring.
11. Evaluate the feasibility of routing the stormwater ditch discharge to the
detention pond; and
The December 28`h submission does not address the stormwater ditch. The
January submission states, "... the stormwater ditch that discharges into
the stormwater pond was re-routed on December 14, 2011." It was the
EPA's impression that the stormwater ditch discharged directly to the
receiving stream. The EPA's AO requested a review of whether it might
be appropriate to route the stormwater ditch to the pond. Please provide
the EPA with the correct information.
12. Institute a monthly inspection program as required by the Oil Contingency
Plan of the mobile cranes, crane/shear and trucks with hydraulic lifts.
The January 20th submission states that the equipment is inspected on'a
daily basis by the operator. Please provide the EPA with records or logs
documenting the inspections.
C. Continue operating an inspection program in accordance with Part II.A.8
of the Permit. The inspection program shall include inspections of the facility and all stormwater
systems on at least a semi-annual basis, as part of the Preventative Maintenance and Good
Housekeeping Program, with copies of inspections being kept with the S WPPP. Provide copies
of these inspections for the first half of 2012 within ten (10) days of completion of the
inspection.
The December 28, 2011, submission stated that a monthly inspection
program had been instituted but did not state what that entailed. The
January 20, 2012, letter stated that inspections would continue and copies
provided in July 2012. Please clarify when these inspections are being
conducted; i.e., monthly, weekly, biannually, etc. and the date the
inspections began.
D. Continue operating an analytical monitoring program in accordance with
Part II.B of the Permit. Ensure that all parameters required by the Permit are sampled and the
analyses provided on a Discharge Monitoring Report (DMR) form as required by the Tier I and
Tier II Evaluations. Provide copies of DMRs for the period covering November 2011 through
March 2012, within 30 days of completion of the sampling and analysis.

Copies of DMRs for November and December 2011 were provided to the
EPA in the December 28, 2011, letter. The January 20, 2012, letter states
that the monthly sampling will continue through March 2012. Please make
note that each DMR should be transmitted to the EPA upon its completion
each month.
E. Continue the qualitative monitoring and visual inspection program in
accordance with Part ILC of the'Permit. Provide copies of qualitative monitoring and visual
inspection reports for half of 2012, within ten (10) days of completion.
The December 28, 2011, submission stated that a monthly inspection
program had been instituted but did not state what that entailed. The
January 201" submission simply states that the monitoring and visual
inspection program will continue. A copy of an inspection on December
22, 2011, was included. Please make note that these inspections are semi-
annual and that a report is due to the EPA in July 2012.
Please provide the EPA with a response addressing the items listed above within ten (10) days of receipt
of this letter.
In order to resolve BIMCO's liability for civil penalties, the EPA is offering your company the
opportunity to discuss the violations and settle all claims. Please contact Ms. Susan Pope at (404) 562-
9770 within five (5) days of receipt of this letter to make arrangements for representatives to discuss the
violations and the EPA's possible continuing enforcement. In lieu of appearing in the EPA's office for
this meeting, a telephone conference may be scheduled. Please provide any relevant information
regarding the costs of compliance with the NPDES Permit. Representatives should be prepared to
provide all relevant information including, but not limited to, any financial information which may
reflect an ability to pay a penalty. You have the right to be represented by legal counsel. Failure to
contact Ms. Pope or appear may result in enforcement action against your company.
Should you have any questions or concerns, please contact Ms. Pope via phone or e-mail at
[e-mail] or forward written comments to the address on the letterhead. Legal inquiries
should be directed to Mr. Rolando Bascumbe, Associate Regional Counsel, at [phone].
Sincerely,
Denisse D. Diaz, Chief
Clean Water Enforcement Branch
Water Protection Division
cc: Mr. Charles Wakild
North Carolina Department of Environment and Natural Resources