NC0005274_NOV-2019-PC-0063_20190213

ROY COOPER
Governor
MICHAEL S.REGAN
W1 crarV
LINDA CULPEPPER
Dii ector h;0FF 14-1 CAR Jt.I N A.
Envo onmental Qualify
February 13, 2019
CERTIFIED MAIL #70161370 0000 2591 1421
RETURN RECEIPT REQUESTED
Mr. Tom McKittrick, Manager
Lowell Investments, LLC.
5320 Old Pineville Road
Charlotte,NC 28217
Subject: Notice of Violation and Recommendation for Enforcement
NO V-2019-PC-0063
Lowell Investments, LLC.
NPDES Permit No. NC0005274
Gaston County
Dear Mr. McKittrick:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environmental Quality to protect
and preserve the water resources of the State. The Division of Water Resources (DWR) has the
delegated authority to enforce adopted water pollution control rules and regulations.
On January 25, 2019, DWR Mooresville Regional Office (MRO) staff received an email
notification from facility staff that on an unknown date between December 14, 2018, and January
9, 2019, a spill occurred onsite. It was reported that a ball valve was stripped from the bottom of
the holding tank (Tank #3), which dewatered the tank. Based on the wastewater level
measurements taken in December 2018, it was estimated that approximately 127,000 — 160,000
gallons of partially treated wastewater was released from this tank. The report indicated that
"there is no indication that the water from the tank flowed into the river."
MRO staff conducted an inspection at the subject facility on January 30, 2019. During this
inspection, staff observed evidence that the spill entered into a ditch (to the right of Tank #3),
and then flowed into South Fork Catawba River in violation of the permit. In addition, MRO
staff observed that multiple tank valves were unlocked or had no locks at all (see attached photos
� .of f1o�U in iluia I f n i n,nmm�lal r�uahty � Wal r R)tiugrrp•5 � N/gG;r Qu+iOrY 17�k;ion,tl Upr,uigorr;
V ,:I k;Fte i,..a rills',_ 1 010 f_'",l C,x,0:,Avw ium,Swill 301 l Mvwq rvip�:,hlprN<,7r�Iln i 7)8 L I

below) and that access to the site was not appropriately restricted (current site conditions are
referenced in a separate Notice of Violation).
Please be advised that this correspondence is being transmitted as a Notice of Violation and
Recommendation for Enforcement Action. You are requested to respond to this Notice, in
writing, regarding the above noted violations, within fifteen (15) days of receipt. The response
should include all remedial actions including the specific activities to prevent the recurrence of
these violations. Failure to respond and/or failure to resolve the violations could subject you to
further action by the Division of Water Resources. Please be advised that pursuant to G.S. 143-
215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day, per
violation and 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.
Should you have any questions concerning this Notice, please do not hesitate to contact Ori
Tuvia at (704) 235-2190 and/or ori.urviaru6ncdenr.puv or me at (704) 235-2194 and/or
eore�.basineer�uincdenr.,ov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
Cc: NPDES, MRO Files (Laserfiche)

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