NCG200335_NOV_20140327

COEN
North Carolina Department,of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Oaf McCrory Thomas A..Reeder John E. Skvarla, III
Governor ; Director . Secretary
March 27, 2014
Certified Mail
Return Receipt Requested 7012 0470 00013843 0822
Seymour Brown Investment Co., Inc
Registered Agent: W. Harrell Everett Jr.
507E Spence Ave
Goldsboro NC 27534
Certified Mail
Return -Receipt Requested 7012 0470 000138431034
Raleigh Recycling NC Scrap Metal LLC
327 Hillsborough Street
Raleigh NC 27603
Subject: Notice of Violation NOV•2014-PC-0047
Notice of Intent to Enforce
Notice of Injunction Relief Recommendation
Stream Standard Violations
2310 Garner Road
Wake County
Dear Sirs:
The Division of Water Resources Raleigh Regional Office (RRO) received a complaint from the City of Raleigh
detailing concerns about waste/pollutants.cpursing offthe subject property and entering into surface waters. In
response, on January 11, 2014, Danny Smith, Autumn Romanski, and James Graham of the RRO Water Quality
Operations Section conducted a site visit and collected water samples.
The subject 2310 Garner Road tract is owned by Seymour Brown.investment Go. _Inc. The ctunnt business
operating at the site is Raleigh Recycling NC Scrap Metal LLC and is kng " . - Raleigh Metal Recycling. Prior
to the operations of Raleigh: Metal Recycling;;the footprint of this site h00den industrial use and the site is
confirmed to. be contaminated with polychlorinated biphenyls (PCBs).
Water Quality Regional operaions tiection
1628 Mail .Service Confer, Weigh. North Carolina 27699-1628
i.ucaligm� 3806 barrctt Dr., i1al.4h. North Carolina 27609
11hotic: 919-79142001 FAX: [phone]
Internet: www.ncwatcruua1hv.om
An [iqui�l,�)p�ortunityl Atlirmntive Action Intploycr

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Raleigh Recycle -Seymour Brown Investment Co.
3/27/14
Page 2 0174
At present, 2310 Gamer Road facility is being operated as a metal recycling center. Scrap/waste metal (e.g.
vehicles parts, machinery, construction debris etc.) is brought to the facility by the public and savage businesses.
This material is weighed and sorted into different piles for processing, shredding, storage and eventual shipping
(truck/railcar) such that the metal may be reused. The scrap metal is moved, stockpiled, and eventually shipped
off site. Vehicle traffic (trucks, tow motors/forklifts, cranes etc.), capable of moving, dragging, sorting, dumping
waste metal are a requisite for this type of operation. Due to this industrial traffic and land use the site is not
stable. Sediment, turbidity, and pollutants that are on the site from both current and past industrial activities are
easily transported from the site during storm events.
The January 11, 2014, site visit revealed/identified water discharging though an under drain from the footprint of
e
the site. This under drain outlet is located at the retaining wall along the edge of the railroad tracks. This watr
flowed along the railroad tracks and into a culvert (pipe). This water coursed through a pipe/outlerthat
discharges into an unnamed tributary to Wildcat Branch a Class C, Nutrient Sensitive Waters (NSW) a the Neuse
River Basin.

�RAleibh Recycle -Seymour Brown Investment Co.
` .7 3/27/14
Page 3 of 4
Water samples were collected from the following locations: 1) retaining wall outlet, 2) the unnamed tributary to
Wildcat Branch, 3) the confluence ofthe unnamed tributary and Wildcat Branch, and 4) Wildcat Branch
(upstream).
Water discharging from the 2310 Garner Road facility'contained extremely high concentrations of lead, cadmium,
mercury, polychlorinated. hiphenyls (PCBs), nickel, copper and zinc. This waste flowed into surface waters and
caused stream standard violations to occur, as listed in Attachment 1.
Accordingly,.the sample -results confirmed violations of North Carolina General Statutes and North Carolina
Administmtive Codes which states the following:
"North Carolina General Statute 143-215.1(a) states that "no person shall do any of the following things
or carry out any of the following activities unless that person has received a permit from the Commission
and has complied with all conditions set forth in the permit:
1) Make any outlets into the waters of the State.
6) that no person shall cause or permit any waste, directly or indirectly, to be discharged to or in any
manner intermixed with the waters of the State in violation ;of the water quality standards applicable
to the assigned classifications or in violation of any.effluent standards or limitations established for
any point source, unless allowed as a condition of any permit, special order or other appropriate
instrument issued or entered into by the Commission. under the provisions of this Article."
"15A NCAC 02B .0211(3) k Turbidity: the turbidity in; the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as. trout waters and 10 NTU in
streams, lakes,or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout
waters, the turbidity shall not exceed 25 NTU."
'415 A NCAC. 02B (1) Toxic substance: numeric water quality standards (maximum permissible
levels) for the protection of human health applicable to all fresh surface water. are in Rule ,0208 of ,
this Section. Numerical water quality standards (maximum permissible levels) to protect aquatic life
applicable to all, fresh, surface waters:
15 A`NCAC 02B (I) (iii) Cadmium: 0.4ug/i for trout waters and 2.0 ug/l for non -trout waters;
attainment of water quality standards in surface waters shall be based on measurement of total
recoverable metals concentrations unless studies have been conducted to translate total recoverable
metals to a toxic form.
15A NCAC 02B (1)(viii) lead 25uq/L
15A NCAC 02B (1)(ix) mercury 0.012 uq/L
15A NCAC 02B f l).(x) nickel 88 uq/L
15A NCAC-02B (1) (xii) polychlorinated biphenyls: (total PCB and carcinogens
identified .0.001 ug/1)
15A NCAC 02B (4) Action Level Substances:
(a) Copper 7ug/l
(d) Zinc: 50 uq/1"

O
Z
Raleigh Recycle -Seymour Brown Investment Co.
327/ 14
Page 4 of 4
The concentrations of mercury, PCBs, lead, silver, aluminum, iron, chromium, barium, copper, nickel,
zinc, semivolatiles organics, documented discharging from this site is a significant concern. It Is a concern
to not only aquatic life but to the public health.
This office requests that both parties respond to this Notice of Violation in Writing within 30 days of receipt.
Your response should minimally address the following items.
I . Please explain how you plan to stop pollutants from discharging/moving off of your site into surface waters.
2. Please explain how you will stabilize the site such that infiltration, erosion, and pollution that are coincident
to past and current land uses will be addressed to prevent ongoing and continued transport of waste to surface
waters of the state.
3. Provide a clear schedule with dates detailing how this will be accomplished such that surface water standard
violations do not continue to occur.
This office requires that the violations, as detailed above, be abated Immediately and properly resolved.
Environmental damage and violations of North Carolina Administrative Codes and Statutes have been
documented for the subject site as stated above, 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.
Thank you for your attention to this matter. This office requires that the violations, as described above, be
properly resolved. These violations and any future violations are subject to a civil penalty assessment of up
to $25,000.00 per day for ench violation.
The discharge of PCBs, mercury, semi volatiles and other metals cannot continue to occur. As requested
above, this office will review your written response and remediation schedule that you provide. This office will
consider your response as a part of any civil penalty assessment, as appropriate.
In addition, the failure to provide a clear adequate response with clear schedule to eliminate ongoing
Impacts to this office will move forward an injunction relief request. This request will be forwarded to
Attorney General's Office such that a court ordered compliance schedule/Injunctive relief may be secured
in order to abate continuing violations, worsening downstream impacts and to protect the public health.
Should you have any questions regarding these mq ers, please contact me 919) 791-4252.
nee ly,
nny Smit e ionai Supe isor
Water Quality Operations
cc:
Raleigh Regional Office
Division of Energy Mining and Land Resources - John Holley
Division of Energy Mining and Land resources — Bradley Bennett
Division of Waste Management - Hazardous Waste Section . Phil Orozco
Division of Waste Management — Charlotte Jesneck
City of Rilleigh — Mark Senior

Attachment 1:
Jotice of Violation NOV-2014-PC-0047
Parameter/Water
Outlet from
Confluence
Wildcat Branch
Quality Standard
retaining wall
Outlet to
Raleigh Metals
Waters
Recycling
Conductivity
972
805
103.4
Turbidity: 50 NTUs
550
170
75
Cadmium: 2.0 ug/I
65 ug/L
4.3 ug/L
2.2 ug/L
Lead: 25 ug/I
4300 uq/L
250 ug/L
36 ug/L
Aluminum:
100,000 ug/L
7,200 ug/L
24,000 ug/L
Human Health 8000 ug/L
Aquatic Life 87 ug/L
Mercury 0.012
16 uq/L
0.98 ug/L
Non detected
polychlorinated
biphenyls: (total PCB and
1.8 ug/L
0.58 uq/L
Non detected
congeners Identified)
(PQL 1.0 uq/L)
0.001ug/I
Nickel: 88 ug/1
620 ug/L
53 ug/L
9.8 ug /L
Action Level Substances:
Copper: 7 ug/I
5000 ug/L
340 ug/L
150 ug/L
Zinc: 50 ug/I
15000 ug/L
1100 ug/L
280 ug/L
Silver: 0.06 ug/L
9 ug/L
Non detected
Non detected