NCS000049 2010 Outfall Letter and Attachments

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Qoleen H. Sullins
Governor Director
June 14, 2010
Mr. Bill Shaw
Cognis Corporation
PO Box 7044
Charlotte, NC 28241
Dear Mr. Shaw:
Natural Resources
Subject: Permit NCS000049
Cognis Corporation
Mecklenburg County
Dee Freeman
Secretary
Your letter to Bradley Bennett concerning an additional outfall to NCS000049 was received by the
Division of Water Quality (Division) on June 1, 2010. The letter requests guidance regarding proposed
Outfall #005.
F :om the information provided and comments by Heather Sorensen of Mecklenburg County after her site
visit, we recommend proposed outfall #005 be added to the Stormwater Pollution Prevention Plan and to start
mc,.,ftoring at that outfall. Based on Heather Sorenson's site visit the perimeter swale that drains to Outfall
#004 is a perennial and intermediate stream. Outfall #005 should be included as an outfall because all outfalls
should be indentified before the discharge joins with a surface water. Therefore, in addition to adding Outfall
#005, please discontinue identifying Outfall #004 as an outfall. Please make sure no other outfalls exist that
drain directly to this stream and should be identified as new outfall. Your permit will not need to be modified
because it refers to all stormwater discharge outfalls on the site but please update your Stormwater Pollution
Prevention Plan of the necessary changes.
If ycu have any questions or com=ents concerning this permit, contact Brian Lowther at [phone]
or br.an.lowther-C&ncderingov.
Sincerely,
f----- �: ZLK_
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Mr _,resville Regional Office, Water Quality Section
Sto nwater Permitting Unit
Cei,Lral Files
Heather Sorensen, Mecklenburg County
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
N. atilrally

May 24, 2010 Cognis Corporation
3300 Westinghouse Blvd.
Charlotte, NC 28273
USA
Mr. BradleyBennett Phone [phone]
www.cognis-us.com
Stormwater and General Permits Unit
1617 Mail Sevice Center
Raleigh, NC 27699-1617
RE. NPDES Permit NCS000049 — Cognis Corporation
Dear Mr. Bennett:
Cognis Corporation in Charlotte, NC has been advised that it should add an additional outfall to
the storm water permit referenced above. An excerpt from the letter issued by Robert Krebs of
the Mooresville Regional office is shown below.
In addition, Cognis Corporation shall add a newly identified storm drain outfall, SW4005, located at the
storm drain outfall, which serves the train tracks, and discharges into the swale along the northern side
of the property. This outfall must be added since the swale may contain stormwater from the adjacent
property (CIBA Corporation) and the "swale" may be a channelized stream (as depicted on the
Mecklenburg County GIS website). As noted in NCS000049 Fart III, Section D - Monitoring and
Records., Item 1 - Representative Sampling, "All samples shall be takers before the discharge joins or is
diluted by any other waste stream, body of water, or substance".
Currently, Cognis has four permitted outfalls which discharge directly into Steele Creek. The
proposed fifth outfall discharges into a Swale which wraps around our facility and combines with
storm water that is discharged at existing Outfall #004. Previous analytical and visual data from
Outfall #004 includes the water discharged from the proposed fifth outfall. The proposed
addition collects water from roof drains and some surface areas along the rail spur.
In the photo shown below, the perimeter Swale is shown in black and terminates at Outfall #004
which is currently permitted and tested, and which discharges directly to Steele Creek. The
proposed fifth outfall is shown in red; water from adjacent property comes in at the blue arrow.
OWIRp
IiJN)010
DENR - NATER QUALI
We rids & S armwater Branch
Bill Shaw — Safety & Environmental Manager Ph: 704-945-8702 Fax: [phone] Cognis Corporation — 3300 Westinghouse Blvd., Charlotte, NC 28273 [e-mail]

Mr. Bennett
May 24, 2010
ognis,
Cognis is requesting guidance from your office regarding proposed outfall #005. If you agree
with the assessment, will you please advise us on how to proceed with modifying the permit?
Respectfully yours,
Bill Shaw
Safety & Environmental Manager
Enclosures:
NOCV Letter from Robert Krebs
Aerial Photo of Storm Water Drainage Areas at Cognis Corporation
Bill Shaw— Safety & Environmental Manager Ph: 704-945-8702 Fax: [phone] Cognis Corporation — 3300 Westinghouse Blvd., Charlotte, NC 28273 [e-mail]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 11, 2009
Mr. Bill Shaw
Cognis Corporation
PO Box 7044
Charlotte, NC; 28241
Subject: Notice of Continuing Violation
Tracking Number: NOV-2009-PC-0490
Follow-up Compliance Evaluation Inspection
Cognis Corporation
Stormwater Permit Number NCS000049
Mecklenburg County, NC
Dear Mr. Shaw:
Dee Freeman
Socrotary
Enclosed is a copy of the Follow-up Compliance Evaluation Inspection (CEI) report for the inspection
conducted at the subject facility on September 1, 2009, by Heather Sorensen of Charlotte -Mecklenburg
Storm Water Services (CMSWS). This inspection was conducted as part of a cooperative working
agreement between Mecklenburg County and the Division of Water Quality. In addition, the inspection
was conducted on behalf of the City of Charlotte in compliance with the City's NPDES Permit,
NCS000240, Part II Section H. Thank you for your assistance and cooperation during the inspection.
The follow-up inspection found that Cognis Corporation, Inc. has implemented most of the corrective
actions as stated in the subject facility's response letter dated July 10, 2009, and this Office commends
your efforts to comply with the requirements of your Stormwater permit. The completed corrective
actions include:
® Updating the Stormwater Pollution Prevention Plan,
® Removing discharge pipes from pilot plant,
® Removing and replacing contaminated soil from around the trash compactor,
® Removing oil from around the filter cake dumpster pump,
® Removing steam condensate and other non-stormwater lines from stormwater down spouts on
the Process Building,
® Removing unknown product from Sugar Creek Tank Farm roadway,
® Removing, testing, and disposing of contaminated soil near the South Tank Farm, and
® Removing, testing, and disposing of contaminated soil near the North Wall Process Building.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.newaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
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1

Mr. Bill Shaw, Cognis Corporation
Continuing NOV-2009-PC-0490, Page 2
September 11, 2009
However, Cognis Corporation is not in compliance with the City of Charlotte Storm Water Ordinance.
As a rosult, this inspection is being isstied as a Notice of Continuing Violation To c ottte hitt
compliance, Cognis Corporation shall conduct proper clean-up and disposal of any spilled oils or other
materials, and all impacted soils as noted in the Industrial Operations/City of Charlotte Stormwater
Ordinance Review of the enclosed report. Analytical confirmation sampling using EPA Method 9071 for
Oil and Grease to below the reportable concentration of 250 ppm shall be conducted for any petroleum
impacted soils. As part of the written response, the facility shall provide an expected date of completion
for this project to this Office.
In addition, Cognis Corporation shall add a newly identified storm drain outfall, SW#005, located at the
storm drain outfall, which serves the train tracks, and discharges into the swale along the northern side
of the property. This outfall must be added since the swale may contain stormwater from the adjacent
property (CIBA Corporation) and the "swale" may be a channelized stream (as depicted on the
Mecklenburg County GIS website). As noted in NCS000049 Part III, Section D - Monitoring and
Records, Item 1 - Representative Sampling, "All samples shall be taken before the discharge joins or is
diluted by any other waste stream, body of water, or substance".
It is requested that a written response be submitted to this Office by October 9, 2009, in response to
the above noted issues as detailed in the enclosed report. When responding, please address your
comments to the attention of Ms. Allocco at the letterhead address.
The subject facility will have 90 days from the letterhead date to come into compliance with the above -
noted violation. A follow-up evaluation will be conducted by CMSWS after the expected completion
date for the removal of contaminated soils to ensure compliance with the facility's Stormwater Permit
and/or compliance with the City of Charlotte Stormwater Ordinance.
The enclosed report should be self-explanatory; however should you have any questions concerning this
report or have any questions regarding your permit, please do not hesitate to contact Ms. Marcia Allocco
of this Office at [phone].
Sincerely,
for Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
Mooresville Regional Office
cc: Shelton Sullivan, NPS -ACO Unit
Rusty Rozzelle, Mecklenburg County
Craig Miller, City of Charlotte
Brian Lowther, Stormwater Permitting

Compliance Inspection Report
Permit: NCS000049 Effective: 02/01/09 Expiration: 01/31/14 Owner: Cognis Corporation
SOC: Effective: Expiration: Facility: Cognis Corporation
County: Mecklenburg 3300 Westinghouse Blvd
Region: Mooresville
Charlotte NC 28241
Contact Person: Randall Bruce Rhoades Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Certification: Phone:
Inspection Date: 09/01/2009 Entry Time: 09:00 AM Exit Time: 10:00 AM
Primary Inspector: Water Quality Program Meckenburg County Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: [I Compliant N Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page:1

Permit: NCS000049 Owner - Facility: Cognis Corporation
Inspection Date: 09/01/2009 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
Facility Description:
The Cugrris fauilily ieaals and hlerids raw chernicals to produce defoamers, synthetic lubricants, and paint elements and
operates 24 hours a day, seven days a week. The facility handles hazardous and non -hazardous materials and has an
onsite pre-treatment wastewater facility which discharges to Charlotte -Mecklenburg Utilities sewer system under CMU
Pre-treatment Permit #0500. Areas identified to have a significant potential to contribute stormwater pollution are routed to
the on-site pre-treatment facility. No vehicle maintenance or washing occurs on-site.
Compliance History:
Mecklenburg County Water Quality Program (MCWQP) conducted a compliance evaluation on March 11, 2005. The
facility was in compliance at this time. On March 15, 2005, approximately 12,000 gallons of treated wastewater spilled due
to a pump failure. On July 10, 2008, approximately 500 gallons of wastewater overflowed from an equalization tank.
Mecklenburg County Water Quality Program responded. On August 26, 2008, approximately 1,000 gallons of oil
overflowed from a wastewater trench due to flooding from Tropical Storm Fay. MCWQP responded and the Division of
Water Quality was notified (Incident # 200802263)
Charlotte -Mecklenburg Storm Water Services (CMSWS) conducted an industrial storm water inspection on April 9, 2009.
The Division of Water Quality issued a Notice of Violation as a result of the inspection.
Industrial Operations/City of Charlotte Stormwater Ordinance Review:
Train Unloading Area —
Materials are unloaded from trains in an area where a storm drain inlet is located. Spill containment structures are in
place in these areas. During the September 1, 2009, follow-up inspection, facility staff explained that a manual inlet
shut-off valve system has been ordered and will be installed.
Swale to Storm Drain Outfall #004 —
During the April 4, 2009, inspection, a brown liquid and a white gel substance were. observed at the end of a stormwater
pipe that drains into a swale and discharges to Storm Drain Outfall #004. During the September 1, 2009, follow-up
inspection, minor amounts of a white gel substance was observed in the area of the outfall.
The facility shall add this point of discharge, into the swale, as a storm drain outfall to be monitored.
Dike in front of Aeration Tank #3 —
During the April 4, 2009, inspection, petroleum stained soil and dead grass were observed along the earthen edge of the
wastewater tank farm. Petroleum stained gravel throughout the wastewater tank farm was also observed. Staff
commented this was due to the previous oil spill in 2008.
The facility shall properly remove and dispose of all impacted gravel and soils and conduct oil and grease sampling for
less than 250 ppm. These areas shall be restored to their original conditions. The facility shall provide a date of
completion for this project.
Page: 2

Permit: NCS000049 Owner - Facility: Cognis Corporation
Inspection Date: 09/01/2009 Inspection Type: Compliance Evaluation
Reason for Visit: Follow-up
Stormwater Pollution Prevention Plan
Yes-
No
NA
NE
Does the site have a Stormwater Pollution Prevention Flan?
Yes
n
n
n
# Does the Plan include a General Location (USGS) map?
mn
n
n
# Does the Plan include a "Narrative Description of Practices"?
n
n
n
# 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?
# 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?
# 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?
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
Comment: Employee training was conducted and documented on 9-19-2006,
9-29-2006, 11-2-2006, 12-4-2007, 12-6-2007, 12-11-2007, 10-24-2008, 10-27-2008,
and 11-10-2008.
The Stormwater Pollution Prevention Plan was reviewed and updated in March 2009
and on June 2009.
Stormwater Facility Inspections were conducted on 11-17-2004, 5-14-2004, 5-19-2005,
9-14-2005, 6-30-2006, 11-28-2006, 6-8-2007, 11-30-2007, 6-9-2008, 11-10-2008, and
6-11-2009.
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment: Qualitative Monitoring was conducted on 6-14-2004, 11-12-2004,
6-6-2005, 11-28-2005, 6-2-2006, 11-7-2006, 6-2-2007, 11-15-2007, 6-13-2008,
11-13-2008, and 6-11-2009.
Analytical Monitoring
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Yes
No
NA
NE
Im
nnn
Yes
No
NA
NE
nnn
nn M n
Page: 3

Permit: NCS000049 Owner - Facility: Cognis Corporation
Inspection Date: 09/01/2009 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Comment: Analytical Monitoring was conducted on 11-12-2004, 2-14-2005, and
6-6-2005.
Permit and Outfalls
# 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?
Comment:
Page: 4

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