NC0000353_Waiver of Right_20190228

RECEIVED/DENR/DWR
FEB 2 8 2019
JUSTIFICATION FOR REMISSION REQUEST
Water Reaource3
Permitting Section
DWR Case Number: LM-2018-0051 County: Mitchell
Assessed Party: The Quartz Corp USA
Permit No.(if applicable): NC 0000353 Amount Assessed: $14,122.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you
believe support your request and are necessary for the Director to consider in evaluating your
request for remission. Please be aware that a request for remission is limited to consideration
of the five factors listed below as they may relate to the reasonableness of the amount of the
civil penalty assessed. Requesting remission is not the proper procedure for contesting whether
the violation(s) occurred or the accuracy of any of the factual statements contained in the civil
penalty assessment document. Pursuant to N.C.G.S. §143B-282.1(c), remission of a civil penalty
may be granted only when one or more of the following five factors applies. Please check each
factor that you believe applies to your case and provide a detailed explanation, including copies
of supporting documents,as to why the factor applies(attach additional pages as needed).
_x_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner(the assessment
factors are listed in the civil penalty assessment document);
_x_ (b) the violator promptly abated continuing environmental damage resulting from
the violation(Le., explain the steps that you took to correct the violation and
prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e.,explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations
(Le.,explain if previous violations have resulted in you being assessed civil
penalties);
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions(i.e.,explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION(attach additional pages as necessary):
(a) G.S. 143B-282.1(b)(1)—The degree and extent of harm to the natural resources of the
State,to the public health,or to private property resulting from the violations:
Quartz does not dispute that there was an unanticipated discharge event on July 15,
2018 at its facility on Altapass Road in Spruce Pine in Mitchell County, and that the discharge

temporarily affected the pH level in the receiving waters, the Toe River. However, Quartz
believes that one specific part($4,000 for removal of recreational use)of the penalty is based on
incorrect assumptions and, thus, should be removed. As to the remainder of the penalty,
Quartz respectfully request that it be reduced, given the company's response to promptly halt
the discharged and to minimize impacts and limit its effects discharge to a two and a half hour
time period.
The portion of the penalty that Quartz believes should be removed is the$4,000 penalty
assessed "for violation of 15 NCAC 02B.0211(2) by discharging effluent that resulted in a loss of
recreational use." The basis for this portion of the penalty is Finding of Fact F of the Findings
and Decision and Assessment of Civil Penalties, which states, "[o]n July 15, 2018, signs warning
against swimming and wading were posted on the banks of the river by the local Health
Department as a result of the discharge." However, contrary to Finding of Fact F, the local
Health Department did not post warning signs against swimming and wading on July 15th. Those
signs did not appear on the banks of the Toe River until July 17th and were not in any way related
to the discharge event on July 15th from the Quartz facility. The local Health Department posted
the warnings on Tuesday July 17th after the town of Spruce Pine found that it was discharging
raw sewage into the Toe River as a result of a leaking sewer line. The Health Department stated
that the sewer leak led to elevated levels of bacteria in the river, which was the reason for'the
posting of the warning signs. The Health Department did not cite the Quartz discharge event,
which occurred and was completely resolved two days prior, as a basis for the warning signs.
Thus, Finding of Fact F is inaccurate, and therefore, there is no basis for a $4,000 penalty for a
violation of 15 NCAC 02B.0211(2).
As to the basis for the remainder of the penalty, Quartz would emphasize that there is
no indication or evidence that there was ever in any danger to the public downstream from
Quartz's discharge event. The pH levels downstream never fell below 6.2 and within hours were
back to normal. After the discharge event, DEQ publicly stated, "the[Quartz] leak did not pose a
danger to humans."
Attached is a copy of an article from the Mitchell News-Journal covering the two
incidents including statements from the Health Department and DEQ that are referenced above.
Also attached are reporting and sampling forms that provide data on the pH levels.
Based on the facts cited above,Quartz respectfully requests remission of the$4,000 civil
penalty for loss of recreational use.
(b) The violator promptly abated continuing environmental damage resulting from the
violation:
As discussed above, Quartz staff promptly corrected the situation such that the whole
event only lasted two and a half hours. Quartz staffs prompt response minimized the impact on
the pH of the receiving water so that the public was never in danger. Within two and a half
hours, pH levels were back to the required operating range of the facility's NPDES wastewater
permit.
While the July 15th incident occurred due to human error, this does not reflect a lack of
commitment or care on the part of the company. Quartz is an environmentally engaged

company that continually trains its employees to safe guard the environment. As a result,
Quartz immediately retrained all personnel on safe chemical handling in all situations involving
Quartz employees. Training materials from this process are attached.
Quartz has also implemented additional safeguards to eliminate the risk of incidents like
this in the future. These safeguards include additional employee oversight when acid trucks are
unloaded or day tanks are filled. Also, new lock-out valves were placed on bulk storage tanks
and high level alarms were placed on day tanks.
Quartz's immediate response to the incident and additional safeguards against future
similar incidents warrant remission of the civil penalty in its entirety or, in the alternative, a
significant reduction to the remaining penalty amount.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
COUNTY OF MITCHELL QUALITY
)
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST ) WAIVER OF RIGHT TO AN
THE QUARTZ CORP USA ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
)
FOR THE VIOLATION OF A WATER )
QUALITY STANDARD AND ) FILE NO. LM-2018-0051
CONDITIONS OF NPDES PERMIT NO.
NC0000353
Having been assessed civil penalties totaling $14,122.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated February 4, 2019, the undersigned,
desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in
the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil penalty
must be submitted to the director of the Division of Water Resources within thirty(30)days of receipt of
the notice of assessment. No new evidence in support of a remission request will be allowed after(30)
days from the receipt of the notice of assessment.
This the /5 day of ��vc«r''� 2019.
SIGN
ADDRESS
Tq7 41-7A-4 r 700 y,
S �
TELEPHONE
/a - 76 s- 962/

&. 1
THE ill QUARTZTM
CORP
Welcome to Acid Handling and Training
Scope:To give you more information on the subject of handling acids in TQC facilities to keep
you and others safe while protecting the environment.
1.) The acids we handle
2.) Uses and purpose of acid in our facilities
3.) Personal Hazards
4.) The equipment we use (PPE)
5.) Safety procedures and protocols
6.) What to do in an emergency
7.) Questions and answers

The acids we handle at TQC both at KT Feldspar(226 Bypass Location) and The Feldspar Corp.
(Altapass Road) are 49%Hydrofluoric and 93%Sulfuric.
49% Hydrofuoric means that the mixture is 49% Hydrofluoric Fluoride by weight.This means
that it also contain 51%water. It is an inorganic acid, it is classified as a "weak acid"for us this
only means it breaks down and seperates quickly. It is among one the strongests and most
corrosive inorganic acids. Sulfuric is 93%by weight. Both sulfuric and HF are very corresive to
skin and metal.Therfore, special safety precautions are necessary and must be followed when
using this chemical
HF is used in:
Plastics Productions
Microchip Etching
Electronic Circuit Cleaning Glass Etching
Industrial Production .
Wheel and Pontoon Cleaning
In our facilities it is used for Ph adjustment in the float cells. It has a consequently affect of
dissolving some minerals.
It is brought in in bulk tankers and unloaded into bulk tanks at both sites.
TFC has 2 bulk tanks,the first is beside the truck scales on altapass road and the second is
behind plant 3 off mica street. From there the acid is transported into "Day Tanks" inside Plant
1 and Plant 3
At TFC there is also small quanities stored and used in the Lab.This is the building between the
warehouse and the office or the second building on the left as you enter the main entrance
parking lot.
At KT Feldspar the bulk tank is just below the warehouse area on the right as you enter the
plant.
These ares are marked with signage to warn of dangers
If you do not need to be in these areas or around the days tanks please stay away unless
operating or preforming maintenance this will automatically lessen your chances of exsposure.

Sulfuric Acid is colorless and odorless. It has many uses but with the top uses being:
Fertilizer
Mineral Processing
Biological Wasterwater Processing
Drain Cleaners
Lead-Acid based batteries
Personal Hazards
On contact, large amounts of acid will produce skin damage and pain.This is often in the form
of redness and burning. It can cause immediate "skin death"the dectruction of cells.
It is a calcium seeker. It will burn through the skin to try to get to the bones.
Left untreated or improperly treated can cause skin and tissue damage, heart attack and
sudden death.
Deaths have been reported from acid burns as little as 2.5% Body Surface Area (BSA)
This is the size of the palm of your hand!
Exposure Types
Direct exposure(you come into contact)Secondary exposure(unkownly, residue or rescuers)
Liquid exposure (skin, eye, ingestion)
Gas/Vapor exposure (inhalation,skin&eyes)
HF will penetrate fingernails burning the pulp beneath without effecting nail.
Sulfuric will damage both nail and nail bed upon contact
Contact with eyes can cause immediate destruction of the eye
PPE
Drench Shower, Eyes Wash,addional water supply such as hose.
Acid Suit(Hardhat with sheild, Head shroud,Jacket, Pants, Boots and Gloves)
Red Danger Tape
9mil nitrile gloves under primary gloves.
Face Sheild with splash goggles

L
Safety Prodedures and Protocols( Lab and Plant)
Wear Proper PPE _
Inspect PPE prior to use
Check Shower and Eyes wash station prior to handeling. Have an addition source of water
Know where Calcium Guconate is located
Never Work Alone
Use the buddy system
Always restrict area to others (Ground Control/Red Tape)
Use and maintain smallest quantity possible(Lab)
Cap containers when not using(Lab)
Label Containers and secondary containers
Never use squirt bottles(Lab)
Always work under a fume hood(Lab)
Know where bagged lime is located
*When filling day tanks at TFC
Alert all nessacessary personal that tanks are to be filled (including Filter Plant)
Check all PPE
Check ALL showers and eyewash stations in area
Tape off area as nessecessy(Red Tape)
Put on PPE
Remove operational lock-out from main acid valve
Open valve
Turn on pump
Fill day tank until high level alarm comes on
Turn off pump
Turn off valve
Install operational lock-out to valve
Silence High Level Alarm only after pump is off and valve is shut
Note time, Date and Personal on shift report
*When Filling day tanks at KT
Alert all nessacessary personal that tanks are to be filled
Check all PPE
Check ALL showers and eyewash stations in area
Tape off area as nessecessy(Red Tape)
Put on PPE
Open main acid valve at bulk tanks
Open valve at day tank
Observe fill indicator
When full close day tank valve
Proceed to bulk tank and close main valve
Note time, Date and Personal on shift report

Acting in an emergency
Stay Calm, Do Not Panic and Think,Think,Think.
Communicate with buddy what the emergency is
If it is contact with acid remember Water,Water,Water.At least 15 minutes worth
Do not contaminate yourself; use PPE
Victim should remove all contaminated items
Remove head gear last/face water and pull over head backwards
Call management, Call 911 tell them you have a Hydrofluoric Acid/Sulfuric Exposure
Tell them your location/Note time if possible
*If HF after 15 minutes of water massage calcium gluconate on to exposed area wear nitrile
or neoprene gloves to do so.Give person 6 Calcium Carbonate tablets(TUMS from first aid kit)
Apply every 20 minutes until pain subsides or medical facility is reached. Explain to EMS
workers what to do and send calcium gluconate with them.
If it is eye exposure keep flushing eyes with water until EMS arrive. At least for 15 minutes-
holding eye lid open(both lower and upper)for irrigation and wait for emergency response
personal. If conscious give victim 6 Calcium Carbonate tablets(TUMS).
If Inhalation from fumes occurs •
Immediately remove the victim to clean air if it is safe to do so
Have victim ingest 6 Calcium Carbonate tablets(TUMS)
General Procedure for All Acid Spills
Alert others in the area
Contain the spill if safe to do so(Bagged Lime)
Cordon Area
If fuming pay attention to wind socks to locate safe area
Call Filter Plant/Be accurate (TFC)
Call Maintenance to put boards in pond (KT)
Leave the area, Call Management, Call 911 if needed or instructed to do so

�-V'MMIGt"i naiiSZ-WO Maria - -- -_'___ ,1,. --- i
s _ }
• ' The area's leading hometown newspaper si -, 1
90th year • - ..iminumminammi No.30 _ _ ,a
In,.. o 1 y,July 25,2018 = - $1 -
o . oe contaminatedtwice
,_
s,,,,i „ . Yam -
:, h ok ,�`4 - Acid leak, sewer spill wreak havoc on -same• section of river _
3 a ,
rR BY 8R NDON ROBERTS • wading were temporarily lina General Statute 143-
' • *, edltor®mn r .com prohibited because of ele- 215.1C,the town of Spruce Containment tray overflow .
.; }' ` SPRUCE PINE —A sec- vatedlevelsofbacteriainthe Pine issued a press release 1, �,� _ ;i
; ..r, ? - Lion of the North Toe River water asIa result of the leak. Wednesday, July 18, an- leaks hydrofluoric acid -.
, - was contaminated this past "At this point,the bacte- flouncing the leak. The BY eR oa }
,r. ., week aftera broken pipe on ria levels are being tested," Statute requires the owner n N.w., „c
!!�°(` �� �unor�initahNlo-wwcan
Altapass Road allowed an Canipe said around i p.m. or operator of any wastewa-
netarnes, 1'Ly$ estimated 20,000 gallons Thursday, July 19. "If the ter or treatment works to SPRUCE PINE—The sewer spill of 20,000 that
little things of sewer to spill into Beaver levels are still high, we'll issue a press release when contaminated the North Toe River occurred a few
,Creek. take more samples and have an untreated wastewater days after a hydrofluoric acid leak Sunday,July 16, : ,
aSpruce Pine Town them tested again." discharge of 1,000gallons at Quartz Corp.on Altapass Road'that,seeped into the
al group that �' � Manag- � � g '' _I
Spruce
same section of the North Toe River in use Pine.
er Richard Canipe said the Canipe said the results or more�reachesusurfacewa- p'
es birthday leak was discovered early of the seven samples were ters.The Division of Water The leak was noticed after around 50 dead fish were - ••
es for foster in the day Tuesday, July received around 2 p.m.Fri- Quality was notified about found near Riverside Park.The leak originated from :
iy, and fixed a few hours day,July 20,and shocked the the spill Wednesday,July 18, the overflow of a containment tray at.the Quartz Corp.
d�ren needs later. Employees with the bacteria levels in the river and was reviewing the mat- facility on Altapass Road.
alhteers. Toe River Health District were back to normal. The ter,according to the press The pH levels in the river were back to normal by - •
ii posted warningsigns at no-swimmingban was then release. Tuesday,,July 17,and the leak did not pose a danger -
/2 p` ' to�humans according-to officials at-the NorthCarolina - ---poi�nts along the riverbank lifted. . ' � -+ -')
announcing swimming and Following North Caro- See SPILL/g Department of Environmental Quality.
j 4, CAMP SPRING CREEK ,� x } ,� =
' Learning, '

- - --- — waa*jxa.LJ,.roitn ncrxua.. ruG-Lln-u.auaiu va vua.uwa- - - - - - - ---- i•ac.aiuw-u
BRP Marine Group with two iconic marine There willbe no changes in day-to-day Creek ine-
industry players in Evinrude and Aluma- operations within the BRP Marine Group, lodge,dining..,x.;,art bar,
craft will open up a world of possibilities according to a press release.Terms of the woodshop,swimming poi
for us within the marine industry.Our key 'Alumacraft acquisition were not disclosed. campers'cabins, climbii
. wall and a zip line.The'
• are six campers'cabins,ai
- children aregrouped by ge
,�f. V < 1y r der and age.
' `- .x • ; - Counselors 'at Cam
ft
too siNoviNFIM Spring Creek come fro
• FOR WADING NO,N4D, all over the world— son
• �i7us are dyslexic and serve
gvat44 Level, r , , s 4%x;t, a` 41_, positive role models for tt
r,, ,. btt �in tha' ' - ,•' , ... campers
titer. �g` Bacrra veies � ,►: '''.1.,'. r 'ft Counselor Colin Foley,2
- a 10 ., " `` of Spartanburg South Cara
t , . `" T ' "r l lina,is one of the many fo
mer campers who come bac
w.. �,• . ;;` as a counselor.He came i
4,. ,, x,, v. ' � `;,„`-,'Z,` Camp Spring Creek after h
" fifth-grade year.
'a BRANDON ROBERTS/Mitchell.News-Joumal "I did reallywell in scha. The Toe-River Health District placed�signs dike-the one-pictured in Riverside Park along the 1
• banks of the North Toe River Tuesday,July 17,after asewer spill. until fifth grade, and the
my grades just dropped•off
SPILL
Scott, said although the acid leak and Foley-said."I was told med
subsequent sewer spill affected their busi- cation would help—it didn'
ness,which is a wilderness guiding service I came here and was tang!
From page 1 providing rock climbing,rappelling,yoga an entirely different style i
Phikes,waterfall rappels,kayaking and river learning.There is just somi
"We're lucky we caught it as quickly as tubing,that safety is the main priority.The thing about this place th
we did,"Canipe said."It could have been company suspended all operations from makes you want to learn.
a lot worse." Riverside Park to Penland until Tuesday, think it's the mountains an
Some business owners in the area that July, 24,but continued to operate up- these•beautiful views."
depend heavily on the North Toe River stream from the spills. Former campers comin
felt the brunt of what was a difficult week "Our company will not put anyone in back to work as counselors'
for the water.Christy Thrift,who co-owns harm's way,"she said."Our guests'safety important,Foley said.
Thrifty Adventures with her husband, is our No.1 priority.Period." "I was a kid with dyslexii
aid projects include tinting activity center, which ac- future are higher. `
SCHOOLS of windows in the library counted for$45,000 of the "That's why I wanted vi;
and commons,new cafete- grant-in-aid funds. ibility," Hodshon said. t
From page 1 ria tables,updated seating Hodshon said the school could have used$25o,o0
alcoves,a new trophy case, system wanted to focus on and tied it into an electricl
- ($30,225),Deyton Elemen- safety mats at the front projects at the high school project,but no one wout
taffy($28,350)and Greenlee doors,renovations to bath- that couldn't be completed have known. I wanted th
Primary($10,425)also-have rooms and new floor cover- using capital funds. public to see it;we wante
`projects-covered by the capi- ings on two staircases in the `These were things that we them to be able to see th
• - tal fund budget completed or gym. wouldn't have been able to actual projects."
underway this summer. - The press box at the foot- take capital funds and do," Gouge Elementary's caps
Projects at the Central ball field will be renovated Hodshon said."We have to tal fund budget covers,offic
Office in Ledger($21,387), and should be completed by focus those funds more on renovations,parking lot pm
maintenance •cos t s the end ofAugust and wiring infrastructure and building ing and resurfacing of th
($12,500) and transporta- for access to cameras at the needs, so you don't have play area behind the schoo
- -doh($10,900)round out the athletic field house will also leaks and that kind of stuff." Bowman Middle will ge
capital fund budget,which be in place in time for the Hodshon added if school new security cameras an
calls for $549,700 for the school year. systems o ' - thegrant-in- a door-entry system, ne,
2018-19 fiscal year. Mitchell High also now aid funds wisely,the chances roofing in the auditorium
Mitchell High's grant-in- has an exceptional children of receiving more aid in the library and a freshly pourel
i
e• ,. 'on of me amphetamine, scheduled to appear in court Aug. RO8ER
'- ' ' ARIREST:
drag paraphemۥtila and Three 22, McClean,
opunf,s cif posses i A frearrn LAB-DEM OLIA 84,•of 499 arrested!

id
Jr North Carolina Department of Environment Quality
1
i
'Division of Water Resources
WWTP Upset , Spill, or Bypass 5-Day Reporting Form
(Please Print or Type Use Attachments if Needed)
Permittee: The Quartz Corp Permit Number: 0000353
Facility Name: Feldspar Corporation County: Mitchell
Incident Number:
Incident Started: Date: 7/15/2018 Time: 2:35pm
Incident Ended: Date: 7/15/2018 Time: 4:50pm
Level of Treatment:
❑None ❑Primary Treatment 0Secondary Treatment DChlorination/Disinfection Only
Estimated Volume of Spill/Bypass: 382k gallons of total effluent that did not meet parameters
(must be given even if it is a rough estimate)
If yes, please list the following:
Volume Reaching Surface Waters: 382k gallons Surface Water Name: North Toe River
of total effluent during time period.
Did the Spill/Bypass result in a Fish Kill? DYes
Was WWTP compliant with permit requirements? No
Were samples taken during event? DYes
Specific area of the Upset/Spill/Bypass (Location or Treatment Unit):
North Toe River at discharge point 001
Cause or Reason for the Upset/Spill/Bypass:
Floatation plant upset
Describe the Repairs Made or Actions Taken:
review of equipment and install as determined, training, procedural changes
Action Taken to Contain Spill. Clean Up and Remediate the Site (if applicable):
additional treatment at the time of incident
Action Taken or Proposed to be Taken to Prevent Occurrences:
All equipment involved was inspected and employees retrained
Additional Comments About the Event:
Downstream Ph readings were taken and samples stored are as follows:
3:04 pm 6.4 4:50 pm 6.3 6:40pm6.8 8:22 pm 6.8 9:51 pm 6.9 11:15 pm 7.1

a--- ro
North Carolina Department of Environment Quality
24-Hour Report Made To: oDivision of Water Resources 0 immediate-to.regional.Emergency
management
Contact Name: Daniel Boss/Linda Wiggs Date: 7/15/2018 Time:
8:21 pm/5:53pm
Other Agencies Notified (Health Dept, etc): Town Of Spruce Pine
Person Reporting Event:Glenn Young/Jim Phone Number:828 4671537
Garofalo
Did DWR Request an Additional Written Report? ❑No
If Yes, What Additional Information is Needed:
As a representative for the responsible party. 1 certify that the information contained in this report is
true and accurate to the best of my knowledge.
Person Submitting Claim: James Garofalo
Signature: , / Title: ORC
4
Telep-•I-. 828-467-0788

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The Quartz Corporation Stream Sample Worksheet
Altapass Location Lab # 197 Permit # 353
Dat ,: :° -'.liected B
Ph Calibration TimeI/3 4.0 Buffer Buffer dam'7Buffer QC Check 0
Initials of analyst calibrating ph meter (7.-//2
Turbidity calibration time ,11A,4 Turbidity Standard Value ,iffl Turbidity Reading ru4
initials of analyst calibrating turbidity meter Ali
*All samples must be thermally preserved
ID Collection Time PH PH Turbidity Sample - Time Sample
Time analyzed Results Results Temp Placed in Temp
initial Storage arriving
at Lab
Upstream dzw�. 40Z c— 4,f4 i
Downstream 17415510 .� 1p0`g
Ph Buffer Standard checked after testing:Value of Standard -ro Results 1;d
This document,represents the sample-week-of
Certified-PH Parameter required:SM 4500 H+B 2011(Aqueous)
Certified Turbidity Parameter required:SM 2130 B-2011(Aqueous)
Additional-Comments: