NCG200339_NOV_20180921

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
September 21, 2018
CERTIFIED MAIL: 7017 2620 0000 9759 0119
RETURN RECEIPT REQUESTED
Biltmore Iron & Metal Co Inc.
Attn: Vonna Cloninger, CEO
Post Office Box 5616
Asheville, North Carolina 28813
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON, JR.
Inner in, Director
Subject: NOTICE OF VIOLATION (NOV-2018-PC-0362)
RECOMMENDATION FOR ENFORCEMENT
Biltmore Iron and Metal Co Inc., Certificate of Coverage-NCG200339
NPDES Stormwater General Permit-NCG200000
Buncombe County
Dear Mrs. Cloninger:
On August 15, 2018, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land
Resources, conducted a site inspection for the Biltmore Iron & Metal facility located at 1 Meadow Road in Asheville,
Buncombe County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Permit
coverage authorizes the discharge of stormwater from the facility to receiving waters designated as a tributary of the
Swannanoa River, a Class C waterbody in the French Broad River Basin. The site visit and file review revealed that the
subject facility is covered by NPDES Stormwater General Permit-NCG200000, Certificate of Coverage-NCG200339.
As a result of the site inspection, the following permit conditions violation(s) were noted:
1) Preventative Maintenance and Good Housekeeping, Spills
The soil around the vehicle draining area was discolored due to release and spill of oil/coolant. The oil containment
structure showed visible signs of overtopping. The permitee shall report any oil spill regardless of amount occurring
within 100 feet of surface waters. This area is in violation of (Part II, section AA and A:9) and (Part III, Section
E:7) of the Industrial Stormwater General Permit NCG20.
2) Preventative Maintenance and Good Housekeeping
The stormwater basins were not maintained and were overgrown to the point that the discharge point was not visible.
This area is in violation of Part II, section A:4, A:9 and Part III, section CA of the Industrial Stormwater
General Permit NCG20.
3) Preventative Maintenance and Good Housekeeping
Metal waste was observed in the stormwater basins. This area is in violation of Part II, section A:4, A:9 and Part
III, section C:1 of the Industrial Stormwater General Permit NCG20.
4) Analytical/Qualitative Monitoring
Analytical and Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
Evidence of discharge from the basin was observed, and due to the condition and visibility of this area, it very likely
that this basin discharges into a tributary of the Swannanoa River. This area is in violation of Part II, sections B and
C of the Industrial Stormwater General Permit NCG20.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swamranoa, NC 28778-8211
828 296 4500 T

Notice of Violations
Biltmore Iron & Metal Co Inc.
August 28, 2018
Page 2 of 2
5) Stormwater Pollution Prevention Plan (SPPP)
Due to these violations, the Stermwater Pollution Prevention Plan (SPPP) has not been implemented in compliance with
Part II, Section A:9 of the Industrial Stormwater General Permit.
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 violation(s) have occurred as well as a
Plan of Action to prevent these violation(s) 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 violation(s) 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,
anley E. Aiken, PE n
?�/ V
Regional Engine
Land Quality Section
Enclosure
ec: Laura Alexander - Administrative Assistant laura.alexanderkncderingov
Stanley E. Aiken - Regional Engineer stan.aikengricdem.gov
Annette Lucas - Program Manager annette.lucasgncdem.gov
Linda Wiggs - DWR Linda.wiggskncdem,gov
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanoa, NC 28778-8211
8282964500 T

Compliance Inspection Report
Permit: NCG200339 Effective: 02/02/15 Expiration: 12/31/19 Owner: Biltmore Iron & Metal Co Inc
SOC: Effective: Expiration: Facility: Biltmore Iron & Metal Cc Inc
County: Buncombe 1 Meadow Rd
Region: Asheville
Asheville NC 28803
Contact Person: Vonna Cloninger Title: Phone: [phone] Ext.11
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 08/15/2018
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification:
Phone:
EntryTime: 10:OOAM Exit Time: 11:OOAM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Wholesale Trade of Metal Waste and Scrap Stormwater Discharge COC
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

Permit: NCG200339 Owner- Facility: Biltmore Iron & Metal Cc Inc
Inspection Date: 08/15/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On August 15, 2018 this facility was inspected for compliance. Vonna Cloninger was not available on site.
During the inspection, the following items were noted:
1) The soil around the vehicle draining area was discolored due to release and spill of oil/coolant. The oil containment
structure showed visible signs of overtopping. The permitee shall report any oil spill regardless of amount occurring within
100 feet of surface waters. This area is in violation of (Part II, section AA and A:9) and (Part III, Section E:7) of the Industrial
Stormwater General Permit NCG20.
2) The stormwater basins were not maintained and were observed to be overgrown. This area is in violation of Part II, section
A:4, A:9 and Part III, section CA of the Industrial Stormwater General Permit NCG20.
3) Metal waste was observed in the stormwater basins. This area is in violation of Part II, section AA, A:9 and Part III, -
section C:1 of the Industrial Stormwater General Permit NCG20.
4) Analytical and Qualitative Monitoring had not been conducted. Evidence of discharge from the basin was observed,
making it very likely that this basin discharges into a tributary of the Swannanoa River. This area is in violation of Part II,
sections B and C of the Industrial Stormwater General Permit NCG20.
To correct these violations, you must
1) Remove all contaminated soils around the vehicle draining area, and immediately implement a revised and improved plan
of action concerning preventative maintenance and good housekeeping on site. This area should have been evaluated during
the annual SPPP update, as outlined in Part II, Section A:8 of the industrial Stormwater General Permit NCG20.
2) The basin shall be cleaned out and maintained. In accordance with Part II, section AA, A:9 and Part III, section CA of the
Industrial Stormwater General Permit NCG20. This area should have been evaluated during the annual SPPP update, as
outlined in Part Il, Section A:8 of the industrial Stormwater General Permit NCG20.
3) All metal waste shall be removed from the basin and basin walls. In accordance with Part II, section AA, A:9 and Part III,
section CA of the Industrial Stormwater General Permit NCG20. This area should have been evaluated during the annual
SPPP update, as outlined in Part II, Section A:8 of the industrial Stormwater General Permit NCG20.
4) While the intention is that the facility does not have a stormwater discharge, the permitee shall show that such is the
case. A plan showing the dimensions of the basin, estimated stormwater runoff for a 25 year storm event, and calculations
showing that the basin will not discharge in that scenario shall be submitted to the Department of Environmental Quality for
review. This study should have previously been conducted in accordance with Part II, Section A:8 of the Industrial
Stormwater General Permit.
Page: 2

Permit: NCG200339 Owner- Facility: Biltmore Iron & Metal Cc Inc
Inspection Date: 08/15/2018 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?
0 ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
0 ❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
❑ ❑ ❑
# 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?
❑ E ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ 0 ❑ ❑
# 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 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?
❑ 0 ❑ ❑
Comment: See summary for more information
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 1:111
Comment: See summary for more information.
Analytical Monitoring
Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 1-11:1
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: See summary for more information.
Permit and Duffalls
Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
M ❑ ❑ ❑
# Were all outfalls observed during the inspection?
0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑ ❑ 0 ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑ E ❑ ❑
Comment: See summary for more information
Page: 3