HomeMy WebLinkAboutNCG140435_NOV-2018-PC-0329_20180907Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
September 7, 2018
CERTIFIED MAIL: 7017 2620 0000 9759 0171
American Concrete Inc
Attn: Gary Stroupe
2698 Mount Home Church Road
Morganton, North Carolina 28655
Subject: NOTICE OF VIOLATION (NOV-2018-PC-0329)
NPDES Stormwater General Permit-NCG140000
American Concrete Inc, Certificate of Coverage-NCG140435
Burke County
Dear Mr. Stroupe:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON, JR.
Interim Director
On July 31, 2018, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land
Resources, conducted a site inspection for the American Concrete facility located at 2698 Mount Home Church Road,
Burke County, North Carolina. Your time and assistance during the inspection were greatly appreciated. A copy of the
Compliance Inspection Report is enclosed for your review. The inspection and file review revealed that the subject
facility is covered by NPDES Stormwater General Permit-NCG140000, Certificate of Coverage-NCG 140435.
Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as the East
Prong Hunting Creek, a Class WS -IV waterbody in the Catawba River Basin.
As a result of the site inspection, the following permit violation(s) are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
Failure to provide and properly implement a Stormwater Pollution Prevention Plan (SWPPP) as outlined in
North Carolina General Permit NCG140000 (Part III, sections 1-9)
-At the time of the inspection, no Stormwater Pollution Prevention Plan (SWPPP) was available on site.
2) Qualitative Monitoring
Failure to conduct Qualitative monitoring as outlined in the NCG 140000 permit (Part IV, Sections A, B, C,
and D).
-At the time of the inspection, no qualitative data was available on site.
3) Analytical Monitoring
Failure to conduct Analytical monitoring as outlined in the NCG140000 permit (Part IV, Sections A, B, C,
and D).
-At the time of the inspection, no analytical monitoring data was available on site.
4) Site Maintenance
Failure to conduct all necessary site maintenance as outlined in the NCG 140000 permit (Part V, Section C).
-At the time of the inspection, there was visible off site deposition of sediment and concrete waste in the
roadside drainage ditch adjacent to the south side of the facility.
-At the time of the inspection, the basins observed were not appropriately maintained.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 701iighway 1 Swannanoa, NC 28778-8211
828 296 4500 T
Notice of Violations
American Concrete Inc
August 16, 2018
Page 2 of 2
5) Good Housekeeping
Failure to practice good housekeeping on site as outlined in NCG140000 (Part III, Section 4).
-At the time of the inspection, an oily sheen was observed in the runoff and on the ground around waste oil
containers, and in the vehicle maintenance area.
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.
Thank you for your attention to this matter. This office is considering sending a recommendation for enforcement to the
Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above-mentioned response
to this correspondence will be considered in this process. 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. Your efforts to undertake activities to bring the subject site back into compliance is
not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Your above-mentioned response to this correspondence, the degree and extent of harm to the environment and the
duration and gravity of the violations will be considered in any civil penalty assessment process that may occur. Should
you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-4500.
Sincerely,
S anley EE Aike a
Regional Engineer
Land Quality Section
Enclosure
ec: Laura Alexander- Administrative Assistant laura.alexander@ncdem.gov
Annette Lucas- Program Manager annette.lucasgncdenr.gov
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanoa, NC 28778-8211
828 296 4500 T
Compliance Inspection Report
Permit: NCG140435 Effective: 08/01/17 Expiration: 06/30/22 Owner: American Concrete Inc
SOC: Effective: Expiration: Facility: American Concrete Inc
County: Burke 2698 Mount Home Church Rd
Region: Asheville
Morganton NC 28655
til Contact Person: Gary Stroupe Title: Phone: 828443-9112
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
Onsite Representative(s):
Related Permits:
Inspection Date: 07/31/2018
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification:
Phone:
Entry Time: 11:OOAM Exit Time: 12:OOPM
Phone: 828-296-4614
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stormwater/wastewater Discharge COC
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
Storm water
(See attachment summary)
Page: 1
Permit: NCG140435 Owner -Facility: American Concrete Inc
Inspection Date: 07/31/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On July 30, 2018 this facility was inspected for compliance. I met with Gary Stroupe on site. During the inspection, the
following items were noted:
1) No SWPPP was available on site. The facility is directed to create a Stormwater Pollution prevention plan as outlined in
North Carolina General Permit NCG140000 (Part III, sections 1-9) and make it available for the next inspection.
2) At the time of the inspection, no Qualitative monitoring reports could be produced. The permitee is directed to
immediately implement a stormwater monitoring program as outlined in the NCG140000 permit (Part IV, Sections A, B, C,
and D).
3) At the time of the inspection, no Analytical monitoring reports could be produced. The permitee is directed to immediately
implement a stormwater monitoring program as outlined in the NCG140000 permit (Part IV, Sections A, B, C, and D).
4) At the time of the inspection, there was visible off site deposition of sediment and concrete waste in the roadside drainage
ditch adjacent to the south side of the facility. The permitee is directed to remove all sediment and concrete waste deposited
in the drainage ditch and all sediment deposited at the outlet end of the drainage pipe existing under the driveway next to the
drainage ditch.
5) At the time of the inspection, the basins were observed to be poorly maintained and full of wastewater. The permitee is
directed to maintain all treatment basin in accordance with NCG140000 (Part V, Section C)
6) At the time of the inspection, the vehicle maintenance area, including waste oil containers, was found to be in poor
condition. The permitte is directed to outline and implement a Good Housekeeping and preventative maintenance plan on
site in accordance with NCG140000 (Part III, Section 4).
Page: 2
Permit: NCG140435 Owner -Facility: American Concrete Inc
Inspection Date: 07/31/2018 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?
❑ M ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ M ❑ ❑
# Does the Plan include a "Narrative Description of Practices'?
❑ M ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑ ■ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑ ■ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
❑ ■ ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ M ❑ ❑
# Does the Plan include a BMP summary?
❑ M ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ■ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑ i ❑ ❑
# Does the facility provide and document Employee Training?
❑ 0 ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ■ ❑ ❑
# Is the Plan reviewed and updated annually?
❑ ! ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑ 0 ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑ 0 ❑ ❑
Comment: No SWPPP was available on site at the time of the inspection.
Qualitative Monitorinq Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑
Comment: No current qualitative monitoring reports were available on site.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? 1:10 ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ M ❑
Comment: No analytical monitoring reports were available on site.
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? ❑ ❑ ■ ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑
Comment: No inspection report for non-stormwater discharge were avalable on site.
Page: 3