201900832_NOV-2019-DV-0214_20190521

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ROY COOPER >
Governor !- - C
MICHAEL S.REGAN . . '�
Secrerary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
MAY 21,2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT#7017 0190 0000 9562 7343
MR. STEVE SUROVEC—PLANT MANAGER
KELLOGG'S SNACKS/AUSTIN QUALITY FOODS
1 QUALITY LANE
CARY,NORTH CAROLINA 27513
Subject: Notice of Violation—Notice of Intent to Enforce
NOV-2019-DV-0214
Kellogg/Austin Quality Foods Cary Bakery Operations
Wake County
Dear Mr. Surovec:
On April 25, 2019, this Office and Wake County Department of Environmental Services responded
to a release of industrial wastewater at the subject facility occurring on April 24, 2019. According to the
5-day incident report received by the Division of Water Resources on May 1, 2019 the release of
approximately 11,500 gallons of sludge and clarifier liquids was caused by an accidental activation of a
sludge transfer pump from a clarifier which ran and overflowed a 4,000-gallon sludge storage tank. The
spill resulted in overland flow and discharge to an unnamed tributary of Crabtree Creek upstream of
Crabtree Lake.
HEPACO was mobilized and began cleanup operations on the morning of April 251h in accordance
with guidance from DWR and USEPA. Cleanup and aeration enhancement concluded the afternoon of
April 26, 2019 according to the daily reports provided by your staff. Following the spill, inspectors
observed sludge deposition in approximately 1,500 linear feet of stream channel, an estimated fish kill of
50-75 small dead fish of various species, and reduced dissolved oxygen conditions downstream of the
discharge point (reference the attached YSI measurements collected by John Snyder of Tetra-Tech on
behalf of USEPA). Following completion of the cleanup a file review performed by this Office revealed
a similar wastewater release from this plant on February 26, 2010.
Accordingly, the spill has resulting in the following violations of North Carolina General Statutes
and Administrative Codes:
D_E Q North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrels Drive I Raleigh.North Carolina 27609
ma w

Kellogg/Austin Quality Foods
NOV-2019-DV-0214
Page 2 of 4
Item I. Illegal Discharge of Waste
North Carolina General Statue 143-215.1 (a) (1) states "Activities for Which Permits Required. — 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 that permit.
(1) Make any outlet into the Water s of the State."
Item lI. Stream Standards-Dissolved Oxvgen Standard Violation
Title 15A North Carolina Administrative Code 02B .0211 (6) requires: "Dissolved oxygen: not less than
6.0 mg/1 for trout waters; for non-trout waters, not less than a daily average of 5.0 mg/1 with a minimum
instantaneous value of not less than 4.0 mg/l; swamp waters, lake coves, or backwaters, and lake bottom
waters may have lower values if caused by natural conditions;"
Item III. Stream Standards-Other Waste (In-Stream Food Waste)
Title 15A North Carolina Administrative Code 02B .0211 (12) requires that"Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters injurious to public
health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses;"
Item IV. Stream Standards-Removal of Use
Title 15A North Carolina Administrative Code 02B .0211 (2) requires that"The waters shall be suitable
for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-
term basis shall be considered to be violating a water quality standard."
This letter is to advise you that this office is considering recommending enforcement action to the
Director of the Division of Water Resources. If you wish to present an explanation for the violations cited,
or if you believe there are other factors which should be considered, please send such information to me
in writing within thirty(30) days following receipt of this letter. Your explanation will be reviewed, and,
if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for their consideration.
Environmental damage and violations of North Carolina Administrative Codes have been documented
for the subject site as stated above. These violations and any continued violations are subject to civil
penalty assessment of up to $25,000 per day per violation.

Kellogg/Austin Quality Foods
NOV-2019-DV-0214
Page 3 of 4
If you have any questions about this Notice,please contact Cory Larsen at 919-480-9998 or me at 919-
7914200.
z
lich, L.G., Assistant Regional Supervisor
Division of Water Resources,
Water Quality Regional Operations Section
Encl: YSI Stream Measurements
cc: RRO—File Copy
Wake County Environmental Services
Town of Cary Stormwater Unit(316 N. Academy St. Cary. NC 27513)
Town of Cary Pretreatment Unit(316 N. Academy St. Cary, NC 27513)

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