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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