HomeMy WebLinkAboutNCS000202_NOV_20190801ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 1, 2019
CERTIFIED MAIL: 70171070 0000 1776 2217
RETURN RECEIPT REQUESTED
United States Gypsum Co.
Attn: Fernando Gorrospe
4859 Peachtree Road
Chamblee, Georgia 30341
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0561)
NPDES Stormwater Permit NCS000202
United States Gypsum Co.
Mitchell County
Dear Mr. Gorrospe:
On July 11, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy,
Mineral and Land Resources (DEMLR), conducted a site inspection for the United States
Gypsum Co. facility located at Altapass Road, Mitchell County, North Carolina. A copy of the
Compliance Inspection Report is enclosed for your review. The site visit and file review
revealed that the subject facility is covered by NPDES Stormwater Permit NCS000202.
Permit coverage authorizes the discharge of stormwater from the facility to receiving
waters designated as The North Toe River, a Class C;Tr waterbody in the French Broad
River Basin.
As a result of the site inspection, the following permit conditions violation(s) are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been recorded, maintained, or
properly implemented.
3) Analytical Monitoring
Analytical monitoring in Tier response has not been conducted and recorded in accordance
with permit requirements.
D_E QF� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NCRIMCPflGYINP
esd ov.w - 828,296.4500
Requested Response:
You are asked to respond to this office, in writing, within 30 calendar days from receipt of
this notice. Your written response should include a reasonable explanation as to why the
aforementioned violation(s) have occurred as well as a Plan of Action to prevent these
violation(s) from recurring.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral & Land
Resources regarding these issues. Your above -mentioned response to this correspondence
will be considered in this process. This office requires that the violations, as detailed
above, be properly resolved. These violations and any future violations are subject to
a civil penalty assessment of up to $25,000 per day for each violation. Should you have
any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-
4500.
Sincerely,
Stanley E. Aike P GA
Regional Engineer
Land Quality Section
Enclosure:
Inspection Report
cc: Alaina Morman, Environmental Specialist Alaina.monnan cgncdenr.gov
Stanley E. Aiken- Regional Engineer stan.aikenng,ncdenr.gov
Compliance Inspection Report
Permit: NCS000202 Effective: 06/01/09 Expiration: 05/31/14 Owner: United States Gypsum Co
SOC: Effective: Expiration: Facility: United States Gypsum Co
County: Mitchell Altapass Rd
Region: Asheville
Spruce Pine NC 28777
Contact Person: Fernando Gorrospe Title: Phone: 828-765-9481
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 07/11/2019
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Entry Time: 01:OOPM
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Certification:
Phone:
Exit Time: 03:OOPM
Phone: 828-296-4614
Inspection Type: Compliance Evaluation
Page 1 of 3
Permit: NCS000202 Owner- Facility: United States Gypsum Co
Inspection Date: 07/11/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On July 11, 2019 this facility was inspected for compliance and to review the industrial process for permit renewal. I met with
Amber Matson, Travis McKinney and Melvin Graham on site, I also teleconferenced with John Bolden, Environmental
Engineer. The following items were noted during the inspection:
1) The Stormwater Pollution Prevention Plan (SWPPP) was not maintained on site. A SWPPP was eventually made
available through email. The permittee is directed to immediately begin maintaining and implementing a SWPPP on site, as
required by the Permit.
2) Appropriate Tier Response had not been implemented on site. The permittee is directed to immediately begin monthly
monitoring and follow all response procedures as specified in the Permit for Tier Response.
3) Aluminum was discussed a great deal during the inspection. Mr. Boldin is pursuing the removal of Aluminum from the
permit due to the process used to analyze it. That information is still being considered. The permittee is directed to continue
including Aluminum in all monitoring parameters until informed otherwise by the department.
4) The BMPs used to reduce the amount of entrained mica in the stormwater runoff were full at the time of the inspection.
the permittee is directed to evaluate the potential for increased maintenance and cleaning out of those BMPs, and include
that evaluation in the Preventative maintenance section of the on -site SWPPP.
The permittee is advised that the facility is currently in Tier 3 status, and to respond as required by the Permit.
Please give the above actions your immediate attention, and respond as outlined in the enclosed Notice of Violation.
If you have any questions, please contact this office at (828) 296-4614
Page 2 of 3
Penult: NCS000202 Owner- Facility: United States Gypsum Cc
Inspection Date: 07/11/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
0
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
0.
❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
0
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
N
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
0 ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
❑
0 ❑ ❑
# Does the facility provide all necessary secondary containment?
❑
0 ❑ ❑
# Does the Plan include a BMP summary?
❑
0 ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑
❑ ❑
# Does the Plan include a Preventative Maintenance and Goad Housekeeping Plan?
❑
❑ ❑
# Does the facility provide and document Employee Training?
❑
0 ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑
0 ❑ ❑
# Is the Plan reviewed and updated annually?
❑
0 ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑
E ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑
0 ❑ ❑
Comment: A SWPPP from 2016 was available that had not been maintained or kept on site.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ ❑ ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ E ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: Facility should be doing monthly monitoring as required by the Tier response in the permit.
Permit and Outfalls
Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
❑
0 ❑ ❑
# Were all outfalls observed during the inspection?
0
❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑
❑ N ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑
0 ❑ ❑
Comment
Page 3 of 3