NC0003875_NOV and Intent to Assess_20190130

DocuSign Envelope ID:06F5B40A-A58D-40A4-955D-212673CD559B
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K41CHAEL S.REGANSecretary QUAM
LINDA CULPEPPER NORTH CAROL INA
Dirfetor Environmental Qual"
Certified Mail # 7017 1450 0000 3937 3349
Return Receipt Requested
January 30, 2019
Calvin Overcash
Elementis Chromium Inc
5408 Holly Shelter Road
Castle Hayne, NC 28429
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-MV-0009
Permit No. NC0003875
Castle Hayne Plant
New Hanover County
Dear Permittee:
A review of the December 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
003 Effluent BOD, 5-Day (20 Deg. C) - 12/29/2018 Weekly Frequency Violation
Concentration (C0310)
003 Effluent Chloride (as Cl) (00940) 12/29/2018 Weekly Frequency Violation
003 Effluent pH (00400) 12/29/2018 Weekly Frequency Violation
003 Effluent Solids, Total Suspended - 12/29/2018 Weekly Frequency Violation
Concentration (CO530)
003 Effluent Temperature, Water Deg. 12/29/2018 Weekly Frequency Violation
Centigrade (00010)
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DocuSign Envelope ID:06F5B40A-A58D-40A4-955D-212673CD559B
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
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Morelia Sanchez-King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
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